This bill amends the current public safety assessment (PSA) process to classify certain firearms-related offenses as violent offenses when evaluating risk factors for pretrial release. Specifically, it requires the PSA to consider any crime, disorderly persons offense, petty disorderly persons offense, or municipal ordinance violation committed or attempted while in possession of an unlawful firearm, through the threatened use of a firearm, where a firearm was discharged, or involving the unlawful manufacture, sale, transfer, transport, possession, or use of a firearm or firearm parts as violent offenses. This change aims to address deficiencies in the current PSA instrument, which has been criticized for not adequately reflecting the dangers associated with firearms offenses.

The bill is a response to a September 2024 report by the State Bureau of Investigation, which highlighted that the existing PSA does not categorize many firearms-related crimes as violent, even when they involve recklessness or threats. By implementing this amendment, the bill seeks to enhance public safety assessments and ensure that the risks associated with firearms offenses are appropriately considered in pretrial release decisions. The changes are intended to align with the goals of criminal justice reform and improve the accuracy of risk evaluations in the context of firearms-related offenses.

Statutes affected:
Introduced: 2A:162-25