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Bill > S5023
NJ S5023
NJ S5023Requires Pretrial Services to recommend pretrial detention of certain repeat offenders charged with violent crime.
summary
Introduced
12/22/2025
12/22/2025
In Committee
12/22/2025
12/22/2025
Crossed Over
Passed
Dead
01/12/2026
01/12/2026
Introduced Session
2024-2025 Regular Session
Bill Summary
This bill requires the Pretrial Services Program to recommend pretrial detention of certain repeat offenders charged with a violent crime. 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. Pretrial detention may be ordered if a defendant 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 assesses each eligible defendant detained on a complaint-warrant and makes recommendations to the court as to an appropriate pretrial release decision. This bill requires the Pretrial Services Program to recommend "no release" if:· the defendant has previously been arrested on one or more prior and separate occasions; and · one, or more, of the charges that are the subject of a prior arrest is 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 for any crime of the first or second degree enumerated under the No Early Release Act, N.J.S.2C:43-7.2, or any crime for which the eligible defendant would be subject to an ordinary or extended term of life imprisonment. The bill provides that when a prosecutor files a motion for pretrial detention, the no release recommendation made by the Pretrial Services Program may serve as prima facie evidence to overcome the presumption of release. The purpose of this bill is to increase the likelihood that repeat offenders who commit violent crimes will be detained pending trial. As such, the bill provides that there is a presumption against pretrial release if the defendant is a repeat offender who has committed:· a crime of the first or second degree enumerated in the No Early Release Act, for which a defendant, if convicted, is required to serve 85 percent of their sentence prior to being eligible for parole; or· a crime for which the defendant, if convicted, would be subject to an ordinary or extended term of life imprisonment.
AI Summary
This bill requires the Pretrial Services Program to recommend detention for certain repeat offenders charged with violent crimes by modifying existing criminal justice reform laws. Specifically, the bill mandates that Pretrial Services recommend "no release" for an eligible defendant who meets three conditions: (1) they have been previously arrested on separate occasions, (2) at least one prior charge is still pending at the time of the current complaint-warrant, and (3) the current charge or a pending prior charge is a first or second-degree crime under the No Early Release Act or a crime potentially punishable by life imprisonment. When a prosecutor files a motion for pretrial detention and these conditions are met, the "no release" recommendation from Pretrial Services can serve as prima facie evidence to overcome the standard presumption of release. The bill aims to increase the likelihood of pretrial detention for repeat offenders who have committed violent crimes, creating a legal framework that gives more weight to a defendant's criminal history when determining whether they should be held in custody before trial. This change is intended to enhance public safety by keeping potentially dangerous repeat offenders off the streets while awaiting trial.
Committee Categories
Justice
Sponsors (1)
Last Action
Introduced in the Senate, Referred to Senate Judiciary Committee (on 12/22/2025)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.njleg.state.nj.us/bill-search/2024/S5023 |
| BillText | https://pub.njleg.gov/Bills/2024/S5500/5023_I1.HTM |
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