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, with at least one pending charge at the time of the current complaint-warrant, and the current or pending charges involve serious offenses (first or second degree crimes or those subject to an ordinary or extended term of life imprisonment), the Pretrial Services Program must recommend no release. This recommendation can serve as prima facie evidence to counter the presumption of release when a prosecutor files a motion for pretrial detention.

Additionally, the bill establishes a rebuttable presumption against pretrial release for repeat offenders who have committed serious crimes, thereby increasing the likelihood of their detention pending trial. The criteria for pretrial detention include the nature of the crime, the defendant's criminal history, and the potential risk to public safety or the integrity of the judicial process. The overall aim of the bill is to enhance public safety by ensuring that repeat offenders charged with violent crimes are more likely to be detained before trial.

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