This bill amends existing law to require the Pretrial Services Program to recommend pretrial detention for certain repeat offenders charged with violent crimes. Specifically, it mandates that if a defendant has prior arrests and pending charges, and the current or at least one of the pending charges is for a serious crime (first or second degree under the No Early Release Act or any crime subject to an ordinary or extended term of life imprisonment), the Pretrial Services Program must recommend no release. Additionally, when a prosecutor files a motion for pretrial detention, this recommendation can serve as prima facie evidence to overcome the presumption of release.

The bill also establishes a rebuttable presumption against pretrial release for repeat offenders who have committed serious crimes, thereby increasing the likelihood that such individuals will be detained pending trial. The changes aim to enhance public safety by ensuring that those with a history of violent offenses are not released back into the community before their trial. The bill emphasizes the importance of assessing the risk posed by defendants and the potential for obstructing justice, thereby reinforcing the criteria under which pretrial detention may be ordered.

Statutes affected:
Introduced: 2A:162-19, 2A:162-20