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Bill > S1167


NJ S1167

NJ S1167
Establishes presumption of pretrial detention for persons who commit carjacking, theft of motor vehicle, or burglary.


summary

Introduced
01/13/2026
In Committee
01/13/2026
Crossed Over
Passed
Dead

Introduced Session

2026-2027 Regular Session

Bill Summary

This bill establishes a rebuttable presumption of pretrial detention for the crimes of car theft, carjacking, and burglary. The bill provides that if, upon motion by the prosecutor, the court finds probable cause a defendant committed: (1) theft of a motor vehicle or burglary in furtherance of car theft and the defendant has a prior conviction within the preceding 12 months or prior pending charges for any of those crimes; or (2) carjacking, there would be a rebuttable presumption that the person be detained pending trial. Under current law, the rebuttable presumption applies when the court finds probable cause that the defendant committed murder or any crime for which the defendant would be subject to an ordinary or extended term of life imprisonment. The bill would expand the rebuttable presumption of pretrial detention to car theft, carjackings, and burglary. Finally, the bill requires, after the one-year expiration of the bill, that the Administrative Office of the Courts (AOC) report to the Legislature and the Governor on the number of individuals detained under the presumption of pretrial detention after an individual commits the crime of car theft, carjacking, or burglary, the rehabilitation of offenders, and other related objectives of pretrial detention.

AI Summary

This bill establishes a rebuttable presumption of pretrial detention for individuals accused of carjacking, theft of a motor vehicle, or burglary, meaning that if a prosecutor shows probable cause that the defendant committed these crimes and meets certain conditions, the court will presume the defendant should be held in jail until their trial unless the defendant can prove otherwise. Specifically, for theft of a motor vehicle or burglary related to car theft, the presumption applies if the defendant has a recent prior conviction or pending charges for these offenses; for carjacking, the presumption applies simply upon a finding of probable cause. This expands the existing law, which currently only presumes pretrial detention for serious crimes like murder or those carrying a life sentence. The bill also mandates that one year after its enactment, the Administrative Office of the Courts (AOC) will report to the Legislature and the Governor on the impact of this new pretrial detention presumption, including data on detentions, offender rehabilitation, and other related objectives.

Committee Categories

Justice

Sponsors (2)

Last Action

Introduced in the Senate, Referred to Senate Judiciary Committee (on 01/13/2026)

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