This bill amends the current law regarding pretrial release by eliminating the presumption of pretrial release for defendants charged with sex offenses and certain violent crimes committed with a deadly weapon. Specifically, it modifies Section 3 of P.L.2014, c.103 (C.2A:162-17) to state that the presumption of pretrial release does not apply to defendants charged with theft of a motor vehicle under certain conditions, first or second-degree crimes involving a deadly weapon, or sex offenses as defined under Megan's Law. The bill aims to enhance public safety by allowing courts to deny pretrial release for these serious offenses.
Under the existing Criminal Justice Reform Law, courts are generally required to consider pretrial release for eligible defendants unless they pose a flight risk or danger to others. The proposed changes expand the list of offenses that disqualify defendants from this presumption, which includes serious crimes such as murder, aggravated assault, and robbery, among others. The bill emphasizes the need for courts to ensure that the release of defendants does not compromise the safety of the community or obstruct the criminal justice process.
Statutes affected: Introduced: 2A:162-17