This bill amends existing law to establish a rebuttable presumption of pretrial detention for individuals charged with carjacking, theft of a motor vehicle, or burglary. Specifically, if a prosecutor demonstrates probable cause that a defendant committed these crimes, particularly if they have prior convictions or pending charges related to these offenses within the last 12 months, the court is required to presume that the defendant should be detained pending trial. This expands the current law, which only includes murder and crimes punishable by life imprisonment under the presumption of pretrial detention.
Additionally, the bill mandates that the Administrative Office of the Courts report to the Legislature and the Governor one year after the bill's enactment. This report will detail the number of individuals detained under the new presumption, the rehabilitation of offenders, and other relevant objectives of pretrial detention. The bill is set to take effect immediately and will expire one year after its enactment.
Statutes affected: Introduced: 2A:162-18, 2A:162-19