This bill amends the current law regarding pretrial release by eliminating the presumption of release for defendants charged with repeat home invasion offenses. Specifically, it states that the presumption of pretrial release will not apply to defendants who have been previously convicted of home invasion burglary or burglary of a residence on one or more separate occasions. This change is intended to enhance public safety by allowing courts to exercise greater discretion in determining whether to grant pretrial release to individuals with a history of such offenses.
The bill also aligns with existing provisions under the Criminal Justice Reform Law, which allows for pretrial detention of defendants deemed a flight risk or a danger to others. Currently, the law already excludes certain serious offenses from the presumption of pretrial release, including murder and vehicle theft. By adding repeat home invasion and burglary offenses to this list, the bill aims to ensure that individuals with a history of these crimes are more closely monitored and potentially detained before trial, thereby addressing concerns about community safety and the integrity of the criminal justice process.
Statutes affected: Introduced: 2A:162-17