This bill amends the existing pretrial detention laws in New Jersey to require Pretrial Services to recommend pretrial detention for certain repeat offenders. Specifically, it mandates that if a defendant has been arrested on two or more separate occasions, with pending charges at the time of the current complaint-warrant, and if the current or at least one of the pending charges is an initial charge for an indictable offense or a disorderly persons offense involving domestic violence, Pretrial Services must recommend no release. This recommendation can serve as prima facie evidence to counter the presumption of release when a prosecutor files a motion for pretrial detention.

The bill also clarifies the criteria under which a prosecutor can seek pretrial detention, emphasizing the need for a rebuttable presumption of detention for defendants charged with serious offenses, including murder or crimes punishable by life imprisonment. It outlines the procedures for pretrial detention hearings, including the rights of the eligible defendant and the standards of proof required for detention. Overall, this legislation aims to enhance public safety by ensuring that repeat offenders are more likely to be detained before trial, thereby addressing concerns about flight risk and potential harm to the community.

Statutes affected:
Introduced: 2A:162-19, 2A:162-20