This bill aims to clarify the court's discretion regarding monetary conditions of bail and establishes a rebuttable presumption for pretrial detention of individuals charged with certain violent crimes. Specifically, it allows courts to impose a combination of monetary bail and non-monetary conditions to ensure a defendant's appearance in court, protect community safety, and prevent obstruction of justice, even when a prosecutor does not seek pretrial detention. Additionally, both the defendant and the prosecutor have the right to request the setting of monetary bail, which the court must duly consider.

Furthermore, the bill expands the circumstances under which a rebuttable presumption of pretrial detention applies. Currently, this presumption exists for defendants charged with murder or crimes subject to life imprisonment. The bill extends this presumption to include defendants charged with any crime of the first or second degree as outlined in specific legal statutes, which encompass serious offenses such as aggravated assault, robbery, and terrorism, among others. This change aims to enhance public safety by ensuring that individuals charged with severe crimes are more likely to be detained prior to trial.

Statutes affected:
Introduced: 2A:162-15, 2A:162-19