Bill > A401

Introduced Session

This bill requires persons charged with a crime with bail restrictions or vehicular homicide who are not incarcerated prior to trial to be placed under pretrial home supervision. P.L.2014, c.31, also known as the "Criminal Justice Reform Law," implemented a recently approved constitutional amendment providing for pretrial detention of certain criminal defendants. (see N.J. Const. (1947), Article I, paragraph 11). Under P.L.2014, c.31, criminal courts are authorized to order the pretrial release of a defendant pending further proceedings, or order pretrial detention of defendants who are found to be a flight risk, a danger to another or the community, or likely to obstruct further criminal proceedings. A court that does not detain a defendant at the conclusion of a pretrial detention hearing is required to order the release of that defendant prior to trial with or without certain conditions placed on the defendant's release. Section 1 of P.L.1994, c.144 (C.2A:162-12) provides that a person charged with a crime with bail restrictions may only use full cash, certain surety bonds or certain bail bonds as a means of posting bail. These crimes include: murder; manslaughter; kidnapping; sexual assault; robbery; carjacking; arson; causing or risking widespread injury or damage; burglary, theft by extortion; endangering the welfare of a child; resisting arrest and eluding an officer; escape; corrupting or influencing a jury; possession of weapons for unlawful purposes; weapons training for illegal activities; soliciting or recruiting gang members; human trafficking; any first or second degree drug-related crimes; and certain domestic offenses. Persons charged with these enumerated crimes are not permitted to use the 10% cash option for posting bail. The bill includes vehicular homicide among the list of crimes. Under this bill, a court that releases a defendant charged with a crime with bail restrictions or vehicular homicide is required to place the defendant under pretrial home supervision as a condition of release. The court may determine whether the defendant is to be monitored with an electronic monitoring device.

AI Summary

Committee Categories

Bob Auth (R)*, 

Introduced, Referred to Assembly Judiciary Committee (on 01/09/2024)

Official Document