This bill amends the existing Criminal Justice Reform Law (CJR) in New Jersey to establish a rebuttable presumption of pretrial detention for defendants charged with specific crimes that indicate a potential flight risk. The bill expands the list of crimes for which this presumption applies to include obstructing the administration of law, resisting arrest, evading arrest, hindering apprehension or prosecution, and escape or absconding from parole. Under the current law, the presumption of pretrial detention applies primarily to serious offenses such as murder or crimes that could lead to life imprisonment. The bill allows the court to detain defendants if it finds clear and convincing evidence that no amount of bail or conditions would ensure their appearance in court or protect public safety.

Additionally, the bill outlines the procedures for pretrial detention hearings, emphasizing the rights of defendants to be represented by counsel and to present evidence. It specifies that the presumption of detention can be rebutted by the defendant through a preponderance of the evidence. The bill also includes provisions for expedited appeals of detention orders and mandates that if a court does not order detention, the defendant must be released. Overall, this legislation aims to enhance public safety by ensuring that individuals who pose a flight risk or danger to the community can be detained prior to trial.

Statutes affected:
Introduced: 2A:162-18, 2A:162-19