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Bill > A5427


NJ A5427

Eliminates presumption of pretrial release for sex offenses committed against minor.


summary

Introduced
02/27/2025
In Committee
05/08/2025
Crossed Over
Passed
Dead

Introduced Session

2024-2025 Regular Session

Bill Summary

This bill eliminates the presumption of pretrial release for defendants charged with a sex offense, if the alleged victim of the offense is a minor. 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 or the community, or likely to obstruct further criminal proceedings. Currently, the Criminal Justice Reform Law establishes a presumption for some form of pretrial release, except with respect to an eligible defendant charged with: murder; a crime for which the eligible defendant would be subject to an ordinary or extended term of life imprisonment; theft of or unlawful taking of a motor vehicle or receiving stolen property where the property involved is a motor vehicle under certain circumstances; or a crime under any statute of the United States, this State, or any other state that is substantially equivalent. Under the bill, the presumption of pretrial release also would not apply to an eligible defendant charged with a sex offense, as defined under Megan's Law pursuant to subsection b. of section 2 of P.L.1994, c.133 (C.2C:7-2), if the alleged victim is under 18 years of age.

AI Summary

This bill modifies New Jersey's Criminal Justice Reform Law by eliminating the presumption of pretrial release for defendants charged with sex offenses against minors. Specifically, the legislation amends existing law to remove the automatic presumption of release for eligible defendants who are accused of a sex offense as defined under Megan's Law (a state law requiring registration and community notification for sex offenders) when the alleged victim is under 18 years old. Under the current law, courts are required to make pretrial release decisions within 48 hours of a defendant's commitment to jail, considering factors such as the defendant's likelihood of appearing in court, community safety, and potential to obstruct criminal proceedings. The bill adds sex offenses involving minor victims to the list of exceptions where pretrial release is not automatically presumed, giving courts more discretion to detain defendants charged with such offenses. This change aims to provide additional protection for young victims by potentially keeping accused sex offenders in custody pending trial, depending on the court's assessment of the specific circumstances of each case.

Committee Categories

Budget and Finance, Justice

Sponsors (3)

Last Action

Reported and Referred to Assembly Appropriations Committee (on 05/08/2025)

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