This bill aims to enhance the Public Safety Assessment (PSA) used in New Jersey's pretrial process by requiring that the risk assessment consider any charges related to the use or possession of firearms as significant risk factors. The New Jersey State Commission of Investigation (SCI) has raised concerns regarding the increasing prevalence of illegal firearms, particularly ghost guns and modified firearms that can operate like automatic weapons. The SCI's September 2024 report highlighted that reckless discharges of firearms in public should be classified as violent offenses, as they pose a significant risk to public safety. The bill seeks to address these concerns by urging the Judiciary to reassess the PSA risk factors to better reflect the dangers associated with firearms.

To implement this change, the bill amends existing legal language to include the consideration of firearm-related offenses in the risk assessment process. Specifically, it inserts a provision that mandates the approved risk assessment instrument to account for any indictable crime, disorderly persons offense, or petty disorderly persons offense involving the use or possession of a firearm. This adjustment is intended to ensure that the assessment accurately evaluates the potential danger posed by defendants who have been charged with firearm-related offenses, thereby enhancing public safety during the pretrial release decision-making process. The bill is set to take effect immediately upon passage.

Statutes affected:
Introduced: 2A:162-20, 2A:162-25