Bill Text: NJ A5104 | 2022-2023 | Regular Session | Introduced
Bill Title: Requires pretrial detention of defendant who violates conditions of pretrial release.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2023-01-23 - Introduced, Referred to Assembly Judiciary Committee [A5104 Detail]
Download: New_Jersey-2022-A5104-Introduced.html
Sponsored by:
Assemblywoman MARILYN PIPERNO
District 11 (Monmouth)
Assemblywoman KIM EULNER
District 11 (Monmouth)
SYNOPSIS
Requires pretrial detention of defendant who violates conditions of pretrial release.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning pretrial release and amending P.L.2014, c.31.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 10 of P.L.2014, c.31 (C.2A:162-24) is amended to read as follows:
10. a. Upon motion of a prosecutor, when an eligible defendant is released from custody before trial pursuant to section 3 or 8 of P.L.2014, c.31 (C.2A:162-17 or C.2A:162-22), the court, upon a finding that the eligible defendant while on release has violated a restraining order or condition of release, or upon a finding of probable cause to believe that the eligible defendant has committed a new crime while on release, [may not] shall revoke the eligible defendant's release and order that the eligible defendant be detained pending trial [unless the court, after considering all relevant circumstances including but not limited to the nature and seriousness of the violation or criminal act committed, finds clear and convincing evidence that no monetary bail, non-monetary conditions of release or combination of monetary bail and conditions would 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].
b. [A court shall not revoke an eligible defendant's release and order that the eligible defendant be detained pending trial based on manufacturing, distributing, or dispensing, or possessing or having under control with intent to manufacture, distribute, or dispense, marijuana or hashish in violation of paragraph (12) of subsection b. of N.J.S.2C:35-5, or possession of marijuana or hashish in violation of paragraph (3) of subsection a. of N.J.S.2C:35-10.] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)
(cf: P.L.2021, c.19, s.9)
2. This act shall take effect immediately.
STATEMENT
This bill requires pretrial detention of a defendant who violates the conditions of pretrial release.
Under P.L.2014, c.31, also known as the criminal justice reform law (CJR), criminal courts are authorized to order the pretrial release of a defendant pending further proceedings, or order pretrial detention of a defendant who is found to be a flight risk, a danger to another or the community, or likely to obstruct further criminal proceedings. Pretrial detention determinations are based on a risk assessment conducted by the Pretrial Services Program, which assesses each eligible defendant detained on a complaint-warrant and makes recommendations to the court as to an appropriate pretrial release decision.
Currently, the CJR establishes a rebuttable presumption for some form of pretrial release, except with respect to an eligible defendant charged with murder or other serious crimes. The CJR permits a court to revoke the release and order detention pending trial if a defendant violates a condition of release or commits a new crime while on release, but only if it finds by clear and convincing evidence that no monetary bail or conditions of release would reasonably assure the defendant's appearance in court and the public's safety, or that the eligible defendant will not obstruct or attempt to obstruct the criminal justice process. The CJR also currently provides that the lowest level distribution offenses involving marijuana or hashish, and possession of marijuana or hashish, are not to be considered a violation of the terms of pretrial release.
This bill provides that if a defendant violates any condition of pretrial release, or commits any crime while on release, the court is required to revoke the pretrial release and order the defendant to be detained pending trial. The bill also deletes the provision concerning marijuana and hashish distribution offenses. Thus, under the bill, the lowest level distribution and possession offenses involving marijuana and hashish may be considered violations of the terms of pretrial release.
