Bill Text: NJ S2079 | 2024-2025 | Regular Session | Introduced
Bill Title: Clarifies procedures for revocation of pretrial release for certain defendants.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced) 2024-05-16 - Referred to Senate Budget and Appropriations Committee [S2079 Detail]
Download: New_Jersey-2024-S2079-Introduced.html
STATE OF NEW JERSEY
221st LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
Sponsored by:
Senator VIN GOPAL
District 11 (Monmouth)
Senator BRIAN P. STACK
District 33 (Hudson)
SYNOPSIS
Clarifies procedures for revocation of pretrial release for certain defendants.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning revocation of 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] (1) Except
as otherwise provided in sections 1 through 11 of P.L.2014, c.31 (C.2A:162-15
et seq.), 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 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.
(2) Upon motion filed by a prosecutor pursuant to paragraph (1) of this subsection, the court may temporarily detain an eligible defendant, who has been arrested or otherwise taken into custody for an alleged violation of 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. A risk assessment with recommendations on the conditions of release, prepared pursuant to section 11 of P.L.2014, c.31 (C.2A:162-25) for any new charge that forms the basis of one or more violations, shall be considered by the court in making the decision to revoke the eligible defendant's release.
(3) When a motion is filed to revoke an eligible defendant's release because the defendant was arrested on a complaint-warrant for a new crime or offense after the eligible defendant was released from custody before trial, pursuant to section 3 or section 8 of P.L.2014, c.31 (C.2A:162-17 or C.2A:162-22), the Pretrial Services Program shall prepare a risk assessment with recommendations on the conditions of release, pursuant to section 11 of P.L.2014, c.31 (C.2A:162-25), for the new offense, and the court shall issue a pretrial release decision in accordance with the provisions of section 2 of P.L.2014, c.31 (C.2A:162-16) for a defendant who is temporarily detained pursuant to this subsection.
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.
(cf: P.L.2021, c.19, s.9)
2. This act shall take effect immediately.
STATEMENT
This bill concerns the temporary detention of a defendant who violates a condition of pretrial release, and clarifies the procedures for revocation of pretrial release for certain defendants.
Under current law 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. A court may revoke a defendant's pretrial release and order the defendant to be detained pending trial if the defendant violates a condition of release or commits a new crime while on release 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 reasonably prevent the defendant from the obstruction or attempted obstruction of the criminal justice process.
Under the bill, a court may, upon motion of a prosecutor, temporarily detain a defendant who has been arrested or otherwise taken into custody if the defendant violates a condition of pretrial release or commits a crime while on pretrial release. The bill further provides that the procedures under current law for determining whether an eligible defendant is to be detained pending trial would apply to defendants who are temporarily detained for violating a condition of pretrial release.
This bill encompasses Recommendation #22 of the Report of Reconvened Joint Committee on Criminal Justice Reform, issued on June 7, 2023.
