Bill Text: NJ A4279 | 2016-2017 | Regular Session | Introduced
Bill Title: Revises temporay detention under bail reform statute.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-10-20 - Introduced, Referred to Assembly Judiciary Committee [A4279 Detail]
Download: New_Jersey-2016-A4279-Introduced.html
Sponsored by:
Assemblyman GORDON M. JOHNSON
District 37 (Bergen)
SYNOPSIS
Revises temporary detention under bail reform statute.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning bail and amending P.L.2014, c.31.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 2 of P.L.2014, c.31 (C.2A:162-16) is amended to read as follows:
2. a. (1) An eligible defendant, following the issuance of a complaint-warrant pursuant to the conditions set forth under subsection c. of this section, shall be temporarily detained to allow the Pretrial Services Program to prepare a risk assessment with recommendations on conditions of release pursuant to section 11 of P.L.2014, c.31 (C.2A:162-25) and for the court to issue a pretrial release decision.
(2) Notwithstanding the provisions of paragraph (1) of subsection a. of this section, upon application of the law enforcement officer who applied for the complaint-warrant, an eligible defendant shall not be transported to or temporarily detained at a county jail if a judge of the Superior Court or a municipal court judge, after considering the results of an automated preliminary risk assessment initiated by the law enforcement agency making the arrest or the prosecutor using a risk assessment instrument approved by the Administrative Director of the Courts pursuant to subsection c. of section 11 of P.L.2014, c.31 (C.2A:162-25), finds good cause to release the defendant from police custody pending the defendant's first appearance on recognizance, on execution of an unsecured appearance bond pursuant to subparagraph (a) of paragraph (2) of subsection b. of this section, or on a non-monetary condition or conditions pursuant to subparagraph (b) of paragraph (2) of subsection b. of this section. The application for release of an eligible defendant without temporary detention may be made and decided telephonically or by other electronic means as may be authorized by the Rules of Court. A law enforcement officer shall apply for release of an eligible defendant without temporary detention in accordance with guidelines issued by the Attorney General. At the eligible defendant's first appearance, the court may maintain, eliminate, or modify any condition of release initially imposed following the issuance of the complaint-warrant based on recommendations made by the Pretrial Services Program and any additional information provided by the prosecutor.
b. (1) Except as otherwise provided under sections 4 and 5 of P.L.2014, c.31 (C.2A:162-18 and C.2A:162-19), the court, pursuant to section 3 of P.L.2014, c.31 (C.2A:162-17), shall make a pretrial release decision for the eligible defendant without unnecessary delay, but in no case later than 48 hours after the eligible defendant's commitment to jail. The court shall consider the Pretrial Services Program's risk assessment and recommendations on conditions of release before making any pretrial release decision for the eligible defendant.
(2) After considering all the circumstances, the Pretrial Services Program's risk assessment and recommendations on conditions of release, and any information that may be provided by a prosecutor or the eligible defendant, the court shall order that the eligible defendant be:
(a) released on the eligible defendant's own recognizance or on execution of an unsecured appearance bond; or
(b) released on a non-monetary condition or conditions, with the condition or conditions being the least restrictive condition or combination of conditions that the court determines will reasonably assure the eligible defendant's appearance in court when required, the protection of the safety of any other person or the community, or that the eligible defendant will not obstruct or attempt to obstruct the criminal justice process; or
(c) released on monetary bail, other than an unsecured appearance bond, to reasonably assure the eligible defendant's appearance in court when required, or a combination of monetary bail and non-monetary conditions, to reasonably assure the eligible defendant's appearance in court when required, the protection of the safety of any other person or the community, or that the eligible defendant will not obstruct or attempt to obstruct the criminal justice process; or (d) detained in jail, upon motion of the prosecutor, pending a pretrial detention hearing pursuant to sections 4 and 5 of P.L.2014, c.31 (C.2A:162-18 and C.2A:162-19).
c. A law enforcement officer shall not apply for a complaint-warrant except in accordance with guidelines issued by the Attorney General, and a court may not issue a complaint-warrant except as may be authorized by the Rules of Court.
d. (1) A defendant who is charged on a complaint-summons shall be released from custody and shall not be subject to the provisions of sections 1 through 11 of P.L.2014, c.31 [(C.2A:162-15 et seq.)] (C.2A:162-15 through 2A:162-26) except as provided in subsection e. of this section.
(2) (a) If a defendant who was released from custody after being charged on a complaint summons pursuant to paragraph (1) of this subsection is subsequently arrested on a warrant for failure to appear in court when required, that defendant shall be eligible for release on personal recognizance or release on bail by sufficient sureties at the discretion of the court. If monetary bail was not set when an arrest warrant for the defendant was issued, the defendant shall have monetary bail set without unnecessary delay, but in no case later than 12 hours after arrest. Pursuant to the Rules of Court, if the defendant is unable to post monetary bail, the defendant shall have that bail reviewed promptly and may file an application with the court seeking a bail reduction, which shall be heard in an expedited manner.
(b) If the defendant fails to post the required monetary bail set by the court pursuant to this paragraph, the defendant may not be detained on the charge or charges contained in the complaint summons beyond the maximum term of incarceration or term of probation supervision for the offense or offenses charged.
e. Notwithstanding the provisions of paragraph (1) of subsection d. of this section, the trial court may impose any non-monetary condition of pretrial release in accordance with the provisions of section 3 of P.L.2014, c.31 (C.2A:162-17) on a defendant who initially was charged by complaint-summons, provided that the court finds on the record that imposition and monitoring of any release conditions is necessary to reasonably assure the defendant's appearance in court when required, the protection of the safety of any other person or the community, and that the eligible defendant will not obstruct or attempt to obstruct the criminal justice process.
(cf: P.L.2014, c.31, s.2).
2. This act shall take effect on January 1, 2017.
STATEMENT
This bill amends P.L.2014, c.162 (C.2C:162-15 et seq.), which reformed how bail determinations in criminal cases are made in this State.
Under section 2 of P.L.2014, c.31 (C.2A:162-16), an eligible defendant is to be temporarily detained following the issuance of a complaint-warrant, to allow the Pretrial Services Program to prepare a risk assessment with recommendations on conditions of release and for the court to issue a pretrial release decision. This bill provides for the defendant's release without temporary detention if a municipal or superior court judge finds good cause to release the defendant from police custody pending the defendant's first appearance on recognizance, on execution of an unsecured appearance bond, or on a non-monetary condition or conditions. The bill requires that application for the defendant's release be made by the law enforcement officer who applied for the complaint-warrant, in accordance with guidelines issued by the Attorney General. In determining whether an eligible defendant should be released without temporary detention, the judge is to consider the results of an automated preliminary risk assessment initiated by the law enforcement agency making the arrest or the prosecutor using a risk assessment instrument approved by the Administrative Director of the Courts.
The bill further provides that the application for release of the defendant without temporary detention may be made and decided telephonically or by other electronic means as authorized by the Rules of Court. At the eligible defendant's first appearance, the court may maintain, eliminate, or modify any condition of release imposed following the issuance of the complaint-warrant based on recommendations made by the Pretrial Services Program and any additional information provided by the prosecutor.
Current law provides that a person who is released under a complaint-summons is not to be temporarily detained. Under this bill, the trial court may impose any non-monetary condition of pretrial release pursuant to section 3 of P.L.2014, c.31 (C.2A:162-17) on a defendant who initially was charged by complaint-summons, provided that the court finds on the record that the imposition and monitoring of any release conditions is necessary to reasonably assure: 1) the defendant's appearance in court when required; 2) the protection of the safety of any other person or the community; and 3) that the eligible defendant will not obstruct or attempt to obstruct the criminal justice process.
