This bill amends existing New Jersey law to require Pretrial Services to recommend pretrial detention for defendants charged with specific firearms offenses, particularly those classified under the Graves Act. The Graves Act mandates minimum prison terms for certain firearm-related crimes, and the bill expands the scope of offenses for which Pretrial Services must recommend no release. This includes not only traditional Graves Act offenses but also additional crimes such as possession of destructive devices, firearms with unlawful purposes, community guns, and offenses involving ghost guns—firearms that are untraceable or undetectable.

The bill also modifies the legal framework surrounding pretrial detention by establishing a rebuttable presumption of detention for defendants charged with serious offenses, including those that could lead to life imprisonment. It specifies that if a prosecutor files a motion for pretrial detention, the court must hold a hearing to assess whether any conditions of release would ensure the defendant's appearance in court and protect public safety. The changes aim to enhance public safety by ensuring that individuals charged with serious firearm offenses are more likely to be detained pending trial, thereby addressing concerns about flight risk and community safety.

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