This bill amends existing New Jersey law to establish a rebuttable presumption of pretrial detention for defendants charged with specific offenses related to child sexual abuse and endangerment. Specifically, it includes charges of sexual assault and criminal sexual contact when the victim is a minor, as well as endangering the welfare of a child. The bill modifies Section 4 of P.L.2014, c.31 (C.2A:162-18) to indicate that, in addition to existing serious crimes like murder, there is now a presumption that defendants charged with these new offenses should be detained pending trial unless they can successfully rebut this presumption.

Furthermore, the bill updates Section 5 of P.L.2014, c.31 (C.2A:162-19) to reflect these changes, ensuring that when a prosecutor files a motion for pretrial detention, the presumption applies to the newly included offenses. The court will consider whether any amount of monetary bail or non-monetary conditions can assure the defendant's appearance in court and the safety of the community. If the presumption is not rebutted, the court may order pretrial detention; however, if it is rebutted, the prosecutor still has the opportunity to present additional grounds for detention. This legislative change aims to enhance the protection of minors and the community by ensuring that individuals charged with serious offenses against children are more likely to be detained before trial.

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