This bill amends the current law regarding pretrial release by eliminating the presumption of pretrial release for defendants charged with repeat home invasion offenses. Specifically, the bill stipulates that the presumption of pretrial release shall not apply to defendants who have been previously convicted of home invasion burglary or burglary of a residence on one or more prior and 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.
In addition to home invasion and burglary, the bill also maintains the existing provisions that exclude the presumption of pretrial release for defendants charged with other serious crimes, including murder and motor vehicle theft. The overall aim of the legislation is to ensure that courts can make informed decisions regarding pretrial release based on the defendant's criminal history and the potential risk to public safety, thereby aligning with the goals of the Criminal Justice Reform Law.
Statutes affected: Introduced: 2A:162-17