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 specific crimes that indicate a potential flight risk. The crimes included in this presumption are obstructing the administration of law, resisting arrest, evading arrest, hindering apprehension or prosecution, and escape or absconding from parole. Under the current law, the presumption of pretrial detention applies primarily to serious offenses such as murder or crimes punishable by life imprisonment. The bill expands this list, allowing courts to detain defendants who may pose a risk of flight or danger to the community.

The bill also outlines the procedures for pretrial detention hearings, emphasizing that the prosecutor must demonstrate probable cause for detention, and the defendant has the right to rebut the presumption of detention by providing evidence. If the court finds that no amount of monetary bail or conditions of release would assure the defendant's appearance in court or the safety of others, it may order pretrial detention. The defendant retains the right to appeal the detention order, which will be expedited. Overall, this legislation aims to enhance public safety by ensuring that individuals charged with certain crimes are detained if they are deemed a flight risk or a danger to the community.

Statutes affected:
Introduced: 2A:162-18, 2A:162-19