Bill
Bill > S3842
NJ S3842
NJ S3842Eliminates presumption of pretrial release for defendants charged with repeat home invasion offenses.
summary
Introduced
03/10/2026
03/10/2026
In Committee
03/10/2026
03/10/2026
Crossed Over
Passed
Dead
Introduced Session
2026-2027 Regular Session
Bill Summary
This bill eliminates the presumption of pretrial release for certain defendants who are charged with the crime of home invasion or burglary. Specifically, the presumption of pretrial release would not apply to a defendant who was previously convicted, on one or more prior and separate occasions, of home invasion or burglary of a residence. 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 the 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. Currently, the Criminal Justice Reform Law establishes a presumption for some form of pretrial release, except with respect to an eligible defendant charged with: murder; a crime for which the eligible defendant would be subject to an ordinary or extended term of life imprisonment; the theft of or unlawful taking of a motor vehicle; receiving stolen property where the property involved is a motor vehicle; or a crime under any statute of the United States, this State, or any other state that is substantially equivalent. Under the bill, the presumption of pretrial release also would not apply to an eligible defendant charged with home invasion or burglary of a residence if the defendant was previously convicted of these crimes on one or more prior and separate occasions.
AI Summary
This bill amends the Criminal Justice Reform Law, enacted in 2014, to remove the presumption of pretrial release for individuals charged with home invasion or burglary if they have a prior conviction for these offenses. Pretrial release, as established by the 2014 law, allows defendants to be released pending court proceedings, either on their own promise to appear or with conditions, unless they are deemed a flight risk, a danger to others or the community, or likely to obstruct justice. Currently, this presumption of release does not apply to certain serious crimes like murder or motor vehicle theft, and this bill adds repeat home invasion or burglary offenses to that list, meaning judges will no longer be presumed to release defendants with prior convictions for these specific crimes.
Committee Categories
Justice
Sponsors (1)
Last Action
Introduced in the Senate, Referred to Senate Judiciary Committee (on 03/10/2026)
Official Document
bill text
bill summary
Loading...
bill summary
Loading...
bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.njleg.state.nj.us/bill-search/2026/S3842 |
| BillText | https://pub.njleg.gov/Bills/2026/S4000/3842_I1.HTM |
Loading...