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 under this presumption now encompass obstructing the administration of law, resisting arrest, evading arrest, hindering apprehension, and escape or absconding from parole. The bill allows the court to order pretrial detention if the prosecutor demonstrates that no amount of monetary bail or non-monetary conditions would reasonably assure the defendant's appearance in court, the safety of others, or the integrity of the criminal justice process.
Additionally, the bill modifies the criteria for pretrial detention hearings by expanding the list of offenses that trigger a rebuttable presumption of detention. Under the current law, this presumption applies primarily to serious offenses such as murder or crimes punishable by life imprisonment. The proposed changes aim to enhance public safety by ensuring that individuals charged with crimes that suggest a likelihood of flight or obstruction of justice can be detained pending trial. The defendant retains the right to appeal the detention order, and the appeal process is to be expedited.
Statutes affected: Introduced: 2A:162-18, 2A:162-19