Bill Text: NJ A3375 | 2010-2011 | Regular Session | Introduced
Bill Title: Establishes "Pretrial Release Program" for certain defendants.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2010-10-07 - Introduced, Referred to Assembly Judiciary Committee [A3375 Detail]
Download: New_Jersey-2010-A3375-Introduced.html
Sponsored by:
Assemblywoman BONNIE WATSON COLEMAN
District 15 (Mercer)
Assemblyman ALBERT COUTINHO
District 29 (Essex and Union)
SYNOPSIS
Establishes "Pretrial Release Program" for certain defendants.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning pretrial release and supplementing Title 2A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. The Supreme Court may establish a Pretrial Release Program to be available to eligible defendants awaiting trial as an alternative to pretrial detention, release on recognizance, or release on full cash, surety bond or a bail bond.
2. a. Under a Pretrial Release Program established pursuant to this act, if the reviewing court determines that the pretrial release program is appropriate for an eligible defendant the court shall, in writing, order the method and terms of the monitoring and supervision of the defendant which may include:
(1) electronic monitoring;
(2) periods of home confinement;
(3) compliance with any court orders or special conditions including an order directing that no contact, direct or indirect, be made with the victim or forbidding entry upon, about, or near certain premises;
(4) restrictions on the use of alcohol or controlled substances;
(5) an order directing the accused to submit to tests of breath, blood or urine from time to time;
(6) travel restrictions;
(7) orders to attend educational, rehabilitative or treatment programs; and
(8) such other conditions that the court deems just and proper.
b. The court may revoke at any time the eligibility of any defendant to participate in the pretrial release program. If any defendant violates the terms of release under the pretrial release program or provides false or misleading information to the court regarding his eligibility or compliance with the program then the defendant's participation in the program shall be terminated immediately and, upon arrest for any such violation, the defendant shall be returned to custody and shall be ineligible for the pretrial release program for five years following the offense.
c. As used in this act "eligible defendant" means any defendant that the court deems unlikely to be a risk to the community and to be an appropriate candidate for release to the Pretrial Release Program. Any individual charged with a crime with bail restrictions as defined in subsection a. of section 1 of P.L.1994, c.144 (C.2A:162-12) or charged with any other first degree offense shall be ineligible for the Pretrial Release Program.
3. The Supreme Court may adopt Rules of Court and the Administrative Director of the Courts may issue directives to effectuate the purposes of this act.
4. This act shall take effect immediately.
STATEMENT
This bill would establish a Pretrial Release Program. The program would be intended to allow certain individuals to be released to a Pretrial Release Program until criminal proceedings against them are concluded and adjudication has been determined. This bill is intended to ensure the detention of individuals who pose a threat to the community, while also providing fair and equal access to pretrial release. The Pretrial Release Program would be available, at the discretion of the court, to eligible defendants awaiting trial as an alternative to pretrial detention, release on recognizance, or release on full cash, surety bond or a bail bond.
Under the bill, if the court determines that the pretrial release program is appropriate for an eligible defendant the court would, in writing, order the method and terms of the monitoring and supervision of the defendant which may include:
(1) electronic monitoring;
(2) periods of home confinement;
(3) compliance with any court orders or special conditions including an order directing that no contact, direct or indirect, be made with the victim or forbidding entry upon, about, or near certain premises;
(4) restrictions on the use of alcohol or controlled substances;
(5) an order directing the accused to submit to test of breath, blood or urine from time to time;
(6) travel restrictions;
(7) orders to attend educational, rehabilitative or treatment programs; and
(8) such other conditions that the court deems just and proper.
In addition, the bill provides that the court would be permitted to revoke, at any time, the eligibility of any defendant to participate in the pretrial release program. If any defendant violates the terms of release under the pretrial release program or provides false or misleading information to the court regarding their eligibility or compliance with the program the bill provides that the defendant's participation in the program would be terminated immediately and, upon arrest for any such violation, the defendant would be returned to custody and would be ineligible for the pretrial release program for five years following the offense.
The bill defines an "eligible defendant" as any defendant that the court deems unlikely to be a risk to the community and to be an appropriate candidate for release to the Pretrial Release Program. Any individual charged with a crime with bail restrictions as defined in subsection a. of section 1 of P.L.1994, c.144 (C.2A:162-12) or charged with any other first degree offense would be ineligible for the Pretrial Release Program. This definition is intended to ensure that individuals charged with more serious or violent offenses are not eligible for the Pretrial Release Program.
