Bill > S4139

Introduced Session

This bill requires Pretrial Services to recommend pretrial detention of certain repeat offenders. Under P.L.2014, c.31, also known as the Criminal Justice Reform 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 person 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 assess each eligible defendant detained on a complaint-warrant and makes recommendations to the court as to an appropriate pretrial release decision. This bill requires Pretrial Services to recommend no release if:· the defendant has previously been arrested on two or more prior and separate occasions; and · the charges which are the subject of the prior arrests are pending at the time of issuance of the current complaint-warrant; and· the current charge or at least one of the pending prior charges is an initial charge for an indictable offense; or an initial charge for a disorderly persons offense involving domestic violence. The bill provides that when a prosecutor files a motion for pretrial detention, the no release recommendation made by Pretrial Services may serve as prima facie evidence to overcome the presumption of release. This bill encompasses Recommendation #23 of the Report of Reconvened Joint Committee on Criminal Justice Reform, issued on June 7, 2023.

AI Summary

Committee Categories

Vin Gopal (D)*,  Paul Sarlo (D)*, 

Introduced in the Senate, Referred to Senate Judiciary Committee (on 11/30/2023)

Official Document