Bill > A5104

Introduced Session

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.

AI Summary

Committee Categories

Kimberly Eulner (R)*,  Marilyn Piperno (R)*, 

Introduced, Referred to Assembly Judiciary Committee (on 01/23/2023)

Official Document