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Bill > A2511


NJ A2511

NJ A2511
Requires Pretrial Services to recommend pretrial detention of certain repeat offenders.


summary

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

Introduced Session

2026-2027 Regular Session

Bill Summary

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

This bill requires Pretrial Services, a program that assesses defendants to recommend whether they should be released or detained before trial, to recommend that certain repeat offenders be held in pretrial detention. This change is part of the Criminal Justice Reform Law, which allows courts to order pretrial release or detention based on a defendant's risk of flight, danger to others, or obstruction of justice. Specifically, Pretrial Services must now recommend no release if a defendant faces a new charge that is an indictable offense (a more serious crime) or a domestic violence disorderly persons offense (a less serious crime involving domestic violence), and they have at least two prior arrests for separate offenses that are still pending. If a prosecutor seeks pretrial detention, this "no release" recommendation from Pretrial Services can be considered as strong evidence to overcome the usual presumption that a defendant should be released. This provision aligns with a recommendation from a joint committee on criminal justice reform.

Committee Categories

Justice

Sponsors (4)

Last Action

Introduced, Referred to Assembly Judiciary Committee (on 01/13/2026)

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