Bill > A4372

Introduced Session

This bill restricts the pretrial release of certain defendants charged with a crime of the first degree and certain repeat offenders, and provides conditions for pretrial release of certain first-time offenders charged with lower-level crimes. It is the sponsor's intent to ensure more uniform application of the State's criminal laws, and reduce the number of defendants charged with violent crimes being released pending trial. Under P.L.2014, c.31, also known as the "Criminal Justice Reform Law" or "bail reform," 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. 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. Under current law, there is a rebuttable presumption for some form of pretrial release, except with respect to an eligible defendant charged with murder or a crime for which the eligible defendant would be subject to an ordinary or extended term of life imprisonment. This bill establishes a strict standard that must be met in order for a court to order the pretrial release of these defendants, as well as certain repeat offenders. The bill would also set conditions for the pretrial release of first-time offenders charged with less serious crimes. Under the bill, upon motion of the prosecutor: · a defendant charged with any crime of the first degree; or a crime of the second degree if the defendant has previously been convicted on one or more prior and separate occasions of an indictable offense, are to be detained pending trial 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 eligible defendant's appearance in court when required, the protection of the safety of any other person or the community, and that the eligible defendant will not obstruct or attempt to obstruct the criminal justice process;· a defendant charged with a crime of the second degree who has not previously been convicted on one or more prior and separate occasions of an indictable offense; or a crime of the third or fourth degree who has previously been convicted on two or more prior and separate occasions of an indictable offense is to be detained pending trial unless the court finds clear and convincing evidence that monetary bail, non-monetary conditions of release, or a combination of monetary bail and conditions would reasonably assure the eligible defendant's appearance in court when required, the protection of the safety of any other person or the community, and that the eligible defendant will not obstruct or attempt to obstruct the criminal justice process; and· an eligible defendant charged with a crime of the third or fourth degree who has not previously been convicted on one or more prior and separate occasions of an indictable offense is to be released pending trial unless the court finds clear and convincing evidence that no amount of monetary bail, non-monetary conditions of release, or a combination of monetary bail and conditions would reasonably assure the eligible defendant's appearance in court when required, the protection of the safety of any other person or the community, and that the eligible defendant will not obstruct or attempt to obstruct the criminal justice process; Current law also provides that a court may revoke a defendant's pretrial release and order detention pending trial if the defendant violates a condition of release or commits a new crime while on release, but only if it finds by clear and convincing evidence that no monetary bail or conditions of release would reasonably assure the defendant's appearance in court and the public's safety, or that the eligible defendant will not obstruct or attempt to obstruct the criminal justice process. Under current law, the lowest level distribution offenses involving marijuana or hashish, and possession of marijuana or hashish, are not to be considered a violation of the terms of pretrial release. This bill, instead, provides that if a defendant violates any condition of pretrial release, or commits any crime while on release, the court is required to revoke the pretrial release and order the defendant to be detained pending trial, unless it finds by clear and convincing evidence that monetary bail or conditions of release would reasonably assure the defendant's appearance in court and the public's safety, or that the eligible defendant will not obstruct or attempt to obstruct the criminal justice process.

AI Summary

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Alex Sauickie (R)*, 

Introduced, Referred to Assembly Judiciary Committee (on 02/19/2026)

Official Document