Bill > S821

Introduced Session

This bill clarifies the court's discretion in imposing monetary conditions of bail and establishes a rebuttable presumption that persons charged with certain violent crimes be detained prior to trial. Monetary Conditions of Bail The bill provides that, notwithstanding any provision of law, court rule, or directive to the contrary, when a prosecutor does not seek pretrial detention for a defendant pursuant to N.J.S.A.2A:162-19, the court may impose any combination of monetary bail and non-monetary conditions which would reasonably assure the defendant's appearance in court when required, protect the safety of any other person or the community, or prevent the person from obstructing or attempting to obstruct the criminal justice process. The bill also provides that the defendant or prosecutor shall have the right to request that a monetary condition of bail be set and shall receive the court's due consideration of such request. Pretrial Detention Under current law, upon motion by the prosecutor the court may order a defendant detained before trial under certain circumstances. In addition, if the court finds probable cause that the defendant committed murder or committed any crime for which the defendant would be subject to life imprisonment, there is a rebuttable presumption that the defendant be detained pending trial. This bill provides that the rebuttable presumption of pretrial detention would also apply to a defendant charged with any crime of the first or second degree enumerated under subsection d. of N.J.S.A.2C:43-7.2. These crimes include murder; aggravated manslaughter or manslaughter; vehicular homicide; aggravated assault; disarming a law enforcement officer; kidnapping; aggravated sexual assault; certain sexual assaults; robbery; carjacking; aggravated arson; burglary; extortion; booby traps in CDS manufacturing or distribution facilities; strict liability for drug induced deaths; terrorism; producing or possessing chemical weapons, biological agents or nuclear or radiological devices; racketeering, when it is a crime of the first degree; firearms trafficking; and causing or permitting a child to engage in a prohibited sexual act, knowing that the act may be reproduced or reconstructed or be part of an exhibition or performance.

AI Summary

Committee Categories

Bob Singer (R)*,  Mike Testa (R)*,  Edward Durr (R),  Jim Holzapfel (R), 

Introduced in the Senate, Referred to Senate Judiciary Committee (on 01/18/2022)

Official Document