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 suggest a potential flight risk. The crimes included in this presumption now encompass obstructing the administration of law, resisting arrest, evading arrest, hindering apprehension, 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, thereby allowing courts to detain defendants who pose a significant risk of failing to appear in court or who may endanger public safety.

Additionally, the bill outlines the procedures for pretrial detention hearings, emphasizing that the burden of proof lies with the defendant to rebut the presumption of detention by demonstrating a preponderance of evidence. The court will consider whether any amount of monetary bail or non-monetary conditions would reasonably assure the defendant's appearance in court and the safety of others. The bill also stipulates that if a pretrial detention order is issued, the defendant has the right to appeal, 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