This bill amends the existing Criminal Justice Reform Law (CJR) in New Jersey to establish a rebuttable presumption of pretrial detention for defendants charged with aggravated assault of a law enforcement officer. Under the current law, pretrial detention can be ordered if a defendant is deemed a flight risk, a danger to others or the community, or likely to obstruct justice. The bill expands the list of offenses that trigger a rebuttable presumption of pretrial detention to include aggravated assault of a law enforcement officer, alongside existing offenses such as murder and crimes punishable by life imprisonment.
The bill specifies that when a prosecutor files a motion for pretrial detention for aggravated assault of a law enforcement officer, there will be a presumption that no amount of monetary bail or non-monetary conditions would ensure the defendant's appearance in court or the safety of others. This presumption can be rebutted by the defendant, who must provide evidence to counter the presumption. The bill also includes provisions for expedited appeals of pretrial detention orders and outlines the rights of defendants during pretrial detention hearings.
Statutes affected: Introduced: 2A:162-18, 2A:162-19