Bill > A2946

Introduced Session

This bill, designated as "Iryna's Law," establishes a process for evaluating the need for certain defendants to be involuntarily committed to treatment, rather than detained pretrial, and establishes a new aggravating factor for sentencing if a defendant is alleged to have committed an offense in a place of public accommodation or on public transportation. Under the bill, under certain circumstances, a defendant is to be transported to a screening service for an assessment to determine whether the defendant is in need of inpatient involuntary commitment to treatment, rather than pretrial detention or pretrial release. The screening service mental health provider will conduct an evaluation to determine if the defendant is a person whose mental illness causes the person to be a danger to self or danger to others or property. The defendant is to be transported to a screening service either upon a motion by the prosecutor, or if the defendant was previously involuntarily committed to treatment during the three-year period immediately preceding the defendant's arrest. A prosecutor may make a motion to transport the defendant to a screening service following the arrest of the defendant if, based on personal observation, the prosecutor, arresting law enforcement officer, or other person has reasonable cause to believe that the defendant is in need of involuntary commitment to treatment. A defendant who is transported to a screening service is to be evaluated pursuant to the provisions of law concerning involuntary commitment to treatment. If the screening service mental health providers determine that the defendant is in need of inpatient involuntary commitment to treatment, the defendant is to be committed to the Ann Klein Forensic Center or other secure psychiatric facility pending a hearing to determine the need for continued inpatient involuntary treatment, or until further order of the court. If screening service providers determine that the defendant is not in need of inpatient involuntary commitment to treatment, or is in need of outpatient treatment or treatment in a short-term care facility, the defendant is to be released from the screening service to the custody of a law enforcement officer and immediately transported to county jail where the defendant is to be temporarily detained to allow the Pretrial Services Program to prepare a risk assessment with recommendations on conditions of release. The bill further provides that, upon motion of the prosecutor, a defendant, who is deemed not to be in need of the involuntary commitment to treatment and is returned to custody for the purposes of conducting a risk assessment, is to be detained pending trial if a complaint-warrant was issued for the defendant for a charge involving a crime against person or property which creates a risk of causing bodily injury, unless the court finds evidence beyond a reasonable doubt that monetary bail, non-monetary conditions of release, or a combination of monetary bail and conditions would reasonably assure the defendant's appearance in court when required, the protection of the safety of any other person or the community, and that the defendant will not obstruct or attempt to obstruct the criminal justice process. Current law, N.J.S.A.2C:44-1, enumerates factors for consideration by a sentencing court in determining whether to withhold or impose a sentence of imprisonment. The criteria include the existence of certain aggravating and mitigating circumstances surrounding the commission of the crime or character of the defendant. This bill adds the aggravating factor of having committed an offense in a place of public accommodation or public transportation. This bill is based on legislation recently enacted in North Carolina titled "Iryna's Law." The recent enactment is named after Iryna Zarutska, a 23-year old Ukrainian refugee who, while traveling on a train, was brutally murdered by a person with a history of serious mental illness. The sponsor notes that the perpetrator had been arrested and released numerous times prior to the attack on Iryna. The sponsor further notes that the attack was unprovoked and occurred from behind. Iryna had fled Ukraine due to the Russian invasion and was described by those who knew her as a young woman with dreams of becoming a veterinarian assistant.

AI Summary

Committee Categories

Alex Sauickie (R)*, 

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

Official Document