This bill amends existing New Jersey law to establish a rebuttable presumption of pretrial detention for defendants charged with specific crimes that suggest a potential flight risk. The crimes included under this presumption are obstructing the administration of law, resisting arrest, evading arrest, hindering apprehension or prosecution, and escape or absconding from parole. The bill builds upon the Criminal Justice Reform Law (CJR), which allows courts to order pretrial detention if a defendant is deemed a flight risk, a danger to others or the community, or likely to obstruct justice.

Under the proposed changes, if a prosecutor files a motion for pretrial detention, there will be a rebuttable presumption that no amount of monetary bail or non-monetary conditions can ensure the defendant's appearance in court or the safety of others. This presumption can be challenged by the defendant, who must provide evidence to rebut it. The bill also clarifies that the list of crimes for which this presumption applies has been expanded beyond murder and life imprisonment offenses to include the aforementioned crimes related to obstructing law enforcement and evading justice.

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