Establishes rebuttable presumption of pretrial detention and increases penalties for motor vehicle theft offenses; authorizes home detention for minors adjudicated delinquent for motor vehicle theft offenses; establishes Grants for Underage Auto-Theft Risk Deterrence Pilot Program in Juvenile Justice Commission; appropriates $7 million.

A112

ASSEMBLY, No. 112

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblyman AL BARLAS

District 40 (Bergen, Essex and Passaic)

Co-Sponsored by:

Assemblyman Auth

SYNOPSIS

���� Establishes rebuttable presumption of pretrial
detention and increases penalties for motor vehicle theft offenses; authorizes
home detention for minors adjudicated delinquent for motor vehicle theft
offenses; establishes Grants for Underage Auto-Theft Risk Deterrence Pilot
Program in Juvenile Justice Commission; appropriates $7 million.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act
concerning motor vehicle theft offenses; establishing
Grants
for Underage Auto-Theft Risk Deterrence Pilot Program
in Juvenile Justice Commission; amending P.L.2014,
c.31and
P.L.1991, c.83; and appropriating $7 million.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� Section 4 of P.L.2014,
c.31 (C.2A:162-18) is amended to read as follows:

���� 4.� a.� (1)� The court may
order, before trial, the detention of an eligible defendant charged with any
crime, or any offense involving domestic violence as defined in subsection a.
of section 3 of P.L.1991, c.261 (C.2C:25-19), enumerated in subsection a. of
section 5 of P.L.2014, c.31 (C.2A:162-19), if the prosecutor seeks the pretrial
detention of the eligible defendant under section 5 of P.L.2014, c.31
(C.2A:162-19) and after a hearing pursuant to� that section the court finds
clear and convincing evidence that no amount of monetary bail, non-monetary
conditions of pretrial release or 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.� The court may also order the pretrial detention of
an eligible defendant when the prosecutor moves for a pretrial detention hearing
and the eligible defendant fails to rebut a presumption of pretrial detention
that may be established for the crimes enumerated under subsection b. of
section 5 of P.L.2014, c.31 (C.2A:162-19).

���� (2)� For purposes of ordering
the pretrial detention of an eligible defendant pursuant to this section and
section 5 of P.L.2014, c.31 (C.2A:162-19) or pursuant to section 10 of
P.L.2014, c.31 (C.2A:162-24), when determining whether no amount of monetary
bail, non-monetary conditions or 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, or
that the eligible defendant will not obstruct or attempt to obstruct the
criminal justice process, the court may consider the amount of monetary bail
only with respect to whether it will, by itself or in combination with
non-monetary conditions, reasonably assure the eligible defendant's appearance
in court when required.

���� b.��� Regarding the pretrial
detention hearing moved for by the prosecutor, except for when an eligible
defendant is charged with a crime set forth under paragraph (1)
[
or
]
,
(2)
,
or (3)
of subsection b. of section 5 of P.L.2014, c.31 (C.2A:162-19), there
shall be a rebuttable presumption that some amount of monetary bail,
non-monetary conditions of pretrial release or 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.

���� c.��� An eligible defendant
may appeal an order of pretrial detention pursuant to the Rules of Court.� The
appeal shall be heard in an expedited manner.� The eligible defendant shall be
detained pending the disposition of the appeal.

���� d.��� If the court does not
order the pretrial detention of an eligible defendant at the conclusion of the
pretrial detention hearing under this section and section 5 of P.L.2014, c.31
(C.2A:162-19), the court shall order the release of the eligible defendant pursuant
to section 3 of P.L.2014, c.31 (C.2A:162-17).

(cf: P.L.2014, c.31, s.4)

���� 2.��� Section 5 of P.L.2014,
c.31 (C.2A:162-19) is amended to read as follows:

���� 5.� a.� A prosecutor may file
a motion with the court at any time, including any time before or after an
eligible defendant's release pursuant to section 3 of P.L.2014, c.31
(C.2A:162-17), seeking the pretrial detention of an eligible defendant for:

���� (1) any crime of the first or
second degree enumerated under subsection d. of section 2 of P.L.1997, c.117
(C.2C:43-7.2);

���� (2) any crime for which the
eligible defendant would be subject to an ordinary or extended term of life
imprisonment;

���� (3) any crime if the eligible
defendant has been convicted of two or more offenses under paragraph (1) or (2)
of this subsection;

���� (4) any crime enumerated under
paragraph (2) of subsection b. of section 2 of P.L.1994, c.133 (C.2C:7-2) or
crime involving human trafficking pursuant to section 1 of P.L.2005, c.77
(C.2C:13-8) or P.L.2013, c.51 (C.52:17B-237 et al.) when the victim is a minor,
or the crime of endangering the welfare of a child under

N.J.S.2C:24-4;

���� (5) any crime enumerated under
subsection c. of N.J.S.2C:43-6;

���� (6) any crime or offense
involving domestic violence as defined in subsection a. of section 3 of
P.L.1991, c.261 (C.2C:25-19);
[
or
]

���� (7) any other crime for which
the prosecutor believes there is a serious risk that:

���� (a) the eligible defendant
will not appear in court as required;

���� (b) the eligible defendant
will pose a danger to any other person or the community; or

���� (c) the eligible defendant
will obstruct or attempt to obstruct justice, or threaten, injure, or
intimidate, or attempt to threaten, injure or intimidate, a prospective witness
or juror
; or

����
(8)� theft of a motor
vehicle pursuant to section 1 of P.L.2023, c.101 (C.2C:20-10.1); receiving a
stolen motor vehicle pursuant to section 2 of P.L.2023, c.101 (C.2C:20-10.2);
or unlawful taking of a motor vehicle pursuant to P.L.1993, c.221 (C.2C:15-2)
.

���� b.��� When a motion for
pretrial detention is filed pursuant to subsection a. of this section, there
shall be a rebuttable presumption that the eligible defendant shall be detained
pending trial because no amount of monetary bail, non-monetary condition or 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, if the court
finds probable cause that the eligible defendant
committed
:

���� (1)
[
committed
]
murder
pursuant to N.J.S.2C:11-3;
[
or
]

���� (2)
[
committed
]
any crime for
which the eligible defendant would be subject to an ordinary or extended term
of life imprisonment
; or

����
(3) theft of a motor
vehicle pursuant to section 1 of P.L.2023, c.101 (C.2C:20-10.1); receiving a
stolen motor vehicle pursuant to section 2 of P.L.2023, c.101 (C.2C:20-10.2);
or unlawful taking of a motor vehicle pursuant to P.L.1993, c.221 (C.2C:15-2)
.

���� c.��� A court shall hold a
hearing to determine whether any amount of monetary bail or non-monetary
conditions or combination of monetary bail and conditions, including those set
forth under subsection b. of section 3 of P.L.2014, c.31

(C.2A:162-17) will 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.

���� d.� (1) Except as otherwise
provided in this subsection, the pretrial detention hearing shall be held no
later than the eligible defendant's first appearance unless the eligible
defendant, or the prosecutor, seeks a continuance.� If a prosecutor files a motion
for pretrial detention after the eligible defendant's first appearance has
taken place or if no first appearance is required, the court shall schedule the
pretrial detention hearing to take place within three working days of the date
on which the prosecutor's motion was filed, unless the prosecutor or the
eligible defendant seeks a continuance.� Except for good cause, a continuance
on motion of the eligible defendant may not exceed five days, not including any
intermediate Saturday, Sunday, or legal holiday.� Except for good cause, a
continuance on motion of the prosecutor may not exceed three days, not
including any intermediate Saturday, Sunday, or legal holiday.

���� (2) Upon the filing of a
motion by the prosecutor seeking the pretrial detention of the eligible
defendant and during any continuance that may be granted by the court, the
eligible defendant shall be detained in jail, unless the eligible defendant was
previously released from custody before trial, in which case the court shall
issue a notice to appear to compel the appearance of the eligible defendant at
the detention hearing.� The court, on motion of the prosecutor or sua sponte,
may order that, while in custody, an eligible defendant who appears to be a
drug-dependent person receive an assessment to determine whether that eligible
defendant is drug-dependent.

���� e.� (1) At the pretrial
detention hearing, the eligible defendant has the right to be represented by
counsel, and, if financially unable to obtain adequate representation, to have
counsel appointed.� The eligible defendant shall be afforded an opportunity to
testify, to present witnesses, to cross-examine witnesses who appear at the
hearing, and to present information by proffer or otherwise.� The rules
concerning admissibility of evidence in criminal trials shall not apply to the
presentation and consideration of information at the hearing.

���� (2) In pretrial detention
proceedings for which there is no indictment, the prosecutor shall establish
probable cause that the eligible defendant committed the predicate offense.� A
presumption of pretrial detention as provided in subsection b. of this section
may be rebutted by proof provided by the eligible defendant, the prosecutor, or
from other materials submitted to the court.� The standard of proof for a
rebuttal of the presumption of pretrial detention shall be a preponderance of
the evidence.� If proof cannot be established to rebut the presumption, the
court may order the eligible defendant's pretrial detention.� If the
presumption is rebutted by sufficient proof, the prosecutor shall have the
opportunity to establish that the grounds for pretrial detention exist pursuant
to this section.

���� (3) Except when an eligible
defendant has failed to rebut a presumption of pretrial detention pursuant to
subsection b. of this section, the court's finding to support an order of
pretrial detention pursuant to section 4 of P.L.2014, c.31 (C.2A:162-18) that
no amount of monetary bail, non-monetary conditions or combination of monetary
bail and conditions will 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 shall be supported by clear and
convincing evidence.

���� f.���� The hearing may be
reopened, before or after a determination by the court, at any time before
trial, if the court finds that information exists that was not known to the
prosecutor or the eligible defendant at the time of the hearing and that has a
material bearing on the issue of whether there are conditions of release that
will reasonably assure the eligible defendant's appearance in court when
required, the protection of the safety of any other person or the community, or
that the eligible defendant will not obstruct or attempt to obstruct the
criminal justice process.

���� g.��� When a motion for
pretrial detention is filed pursuant to subsection a. of this section, a
pretrial recommendation of no release pursuant to subsection f. of section 6 of
P.L.2014, c.31 (C.2A:162-20) may constitute prima facie evidence to overcome
the presumption of release as set forth in subsection b. of section 4 of
P.L.2014, c.31 (C.2A:162-18), if the court finds probable cause that the
eligible defendant committed any crime for which the eligible defendant would
be subject to a mandatory term of imprisonment pursuant to subsection c. of
N.J.S.2C:43-6 for a crime involving the use or possession of a firearm other
than a violation of:

���� (1) subsection a. or d. of
N.J.S.2C:39-3;

���� (2) paragraph (1) or (2) of
subsection a. of N.J.S.2C:39-4;

���� (3) subsection a. of section 1
of P.L. 1998, c.26 (C.2C:39-4.1); or

���� (4) paragraph (1) of
subsection b. or paragraph (1) or (2) of subsection c. of N.J.S.2C:39-5.

(cf: P.L.2022, c.43, s.1)

���� 3.��� Section 1 of P.L.1991,
c.83 (C.2C:20-2.1) is amended to read as follows:

���� 1. a. In addition to any other
disposition authorized by law, a person convicted under the provisions of this
chapter of
theft of a motor vehicle pursuant to section 1 of P.L.2023, c.101

(C.2C:20-10.1); receiving a stolen motor vehicle pursuant to section 2 of
P.L.2023, c.101 (C.2C:20-10.2);
or unlawful taking of a motor vehicle
pursuant
to P.L.1993, c.221 (C.2C:15-2)
shall be subject:

���� (1)� For the first offense, to
a penalty of $500, and the court, in its discretion, may suspend, revoke, or
postpone the person's driving privileges for a period not to exceed one year;

���� (2)� For a second offense, to
a penalty of $750, and the court, in its discretion, may suspend, revoke, or
postpone the person's driving privileges for a period not to exceed two years;
and

���� (3)� For a third or subsequent
offense, to a penalty of $1,000, and the court, in its discretion, may suspend,
revoke, or postpone the person's driving privileges for a period not to exceed
10 years.

���� In deciding the duration of
any suspension, revocation, or postponement of the person's driving privileges
pursuant to paragraphs (1), (2), and (3) of this subsection, the court shall
consider the circumstances of the theft
, receiving,
or unlawful taking
of the motor vehicle and whether the loss of driving privileges will result in
extreme hardship and alternative means of transportation are not readily
available.

���� b.��� The suspension or
postponement of the person's license to operate a motor vehicle pursuant to
subsection a. of this section shall commence on the day the sentence is
imposed.� In the case of any person who at the time of the imposition of
sentence is less than 17 years of age, the period of the suspension of driving
privileges authorized pursuant to this section, including a suspension of the
privilege of operating a motorized bicycle, shall commence on the day the
sentence is imposed and shall run for a period as fixed by the court not to
exceed one year for a first offense, two years for a second offense, or 10
years for a third offense calculated from the day after the day the person
reaches the age of 17 years.� If the driving privilege of any person is under
revocation, suspension, or postponement for a violation of any provision of
this Title or Title 39 of the Revised Statutes at the time of any conviction or
adjudication of delinquency for a violation of any offense defined in this
chapter or chapter 36 of this Title, the revocation, suspension, or
postponement period imposed pursuant to this section shall commence as of the
date of termination of the existing revocation, suspension, or postponement.

���� Upon conviction the court
shall collect forthwith the New Jersey driver's licenses of the person and
forward the license or licenses to the Chief Administrator of the New Jersey
Motor Vehicle Commission along with a report indicating the first and last day
of the suspension or postponement period imposed by the court pursuant to this
section. If the court is for any reason unable to collect the license or
licenses of the person, the court shall forward a report of the conviction or
adjudication of delinquency to be filed with the chief administrator.� That
report shall include the complete name, address, date of birth, eye color, and
sex of the person and shall indicate the first and last day of the suspension
or postponement period imposed by the court pursuant to this section.� The
court shall inform the person orally and in writing that if the person is
convicted of personally operating a motor vehicle during the period of license
suspension or postponement imposed pursuant to this section the person shall,
upon conviction, be subject to the penalties set forth in R.S.39:3-40.� A
person shall be required to acknowledge receipt of the written notice in
writing. Failure to receive a written notice or failure to acknowledge in
writing the receipt of a written notice shall not be a defense to a subsequent
charge of a violation of R.S.39:3-40.� If the person is the holder of a
driver's license from another jurisdiction, the court shall not collect the
license but shall notify the director who shall notify the appropriate
officials in the licensing jurisdiction. The court shall, however, in
accordance with the provisions of this section, revoke the person's
non-resident driving privileges in this State.�

���� c.��� All penalties provided
for in this section shall be collected as provided for the collection of fines
and restitutions in section 3 of P.L.1979, c.396 (C.2C:46-4), and shall be
distributed in accordance with the provisions of N.J.S.2C:64-6 as if the collected
monies were the proceeds of property forfeited pursuant to the provisions of
chapter 64.� However, the distributed monies are to be used for law enforcement
activities related to auto theft.

����
d.��� In addition to any
other disposition authorized by law, a person under 18 years of age who is
adjudicated delinquent for theft of a motor vehicle pursuant to section 1 of
P.L.2023, c.101 (C.2C:20-10.1), receiving a stolen motor vehicle pursuant to
section 2 of P.L.2023, c.101 (C.2C:20-10.2), or the unlawful taking of a motor
vehicle pursuant to P.L.1993, c.221 (C.2C:15-2) may be sentenced to a home
detention program pursuant to this subsection.�

����
e.��� A person under 18
years of age who is sentenced to a home detention program pursuant to this
section may leave the residence to: (1) attend in-person court appearances; (2)
attend in-person probation appointments; (3) attend in-person attorney
appointments, after providing proper notice; or (4) for any other reason
preapproved by court order.�

����
f.���� In the case of a
person who is less than 18 years of age and is arrested for a violation of theft
of a motor vehicle pursuant to section 1 of P.L.2023, c.101 (C.2C:20-10.1); receiving
a stolen motor vehicle pursuant to section 2 of P.L.2023, c.101

(C.2C:20-10.2); or unlawful taking of a motor vehicle pursuant to P.L.1993,
c.221 (C.2C:15-2) the court shall schedule a hearing within 48 hours of the
arrest of the person.

(cf: P.L.2019, c.276, s.3)

���� 4.��� Section 1 of P.L.2023,
c.101 (C.2C:20-10.1) is amended to read as follows:

����
1.��� a.�������� A
person commits the crime of theft of a motor vehicle if the person unlawfully
takes, or exercises unlawful control over, another person's motor vehicle with
the purpose to deprive that person of the motor vehicle.

���� b.��� Theft of a motor vehicle
constitutes a crime of the second degree
[
if
the value of the motor vehicle involved is $75,000 or more or if the theft
involved more than one motor vehicle, otherwise it is a crime of the third
degree
]
.�

���� c.���
[
The value of
the motor vehicle involved in the theft shall be determined by the trier of
fact.� The amount shall include, but not be limited to, the amount of any State
tax avoided, evaded, or otherwise unpaid, or improperly retained or disposed
of.� Amounts involved in thefts of motor vehicles committed pursuant to one
scheme or course of conduct, whether from the same person or several persons,
may be aggregated in determining the grade of the offense.
]

(Deleted
by amendment, P.L.��� , c.�� ) (pending before the Legislature as this bill)

(cf: P.L.2023, c.101, s.1)

���� 5.��� Section 2 of P.L.2023,
c.101 (C.2C:20-10.2) is amended to read as follows:

���� 2. a. A person is guilty of
receiving a stolen motor vehicle if the person knowingly receives or brings
into this State a motor vehicle that is the property of another knowing that it
has been stolen, or believing that it is probably stolen.� Receiving a stolen
motor vehicle is a crime of the second degree
[
if
the value of the motor vehicle is $75,000 or more, otherwise it is a crime of
the third degree
]
.

���� b.��� It is an affirmative
defense that the property was received with the purpose to restore it to the
owner.

���� c.��� Permissive inference.�
The requisite knowledge or belief may be inferred in the case of a person who:

���� (1) is found in possession or
control of two or more motor vehicles stolen on two or more separate occasions;
or

���� (2) has received a stolen
motor vehicle in another transaction within the year preceding the transaction
charged; or

���� (3) being a person in the
business of buying or selling motor vehicles, acquires the motor vehicle
without having ascertained by reasonable inquiry that the person from whom it
was obtained had a legal right to possess and dispose of it; or

���� (4) is found in possession of
a motor vehicle without proper documentation or other evidence of right to
possession.

���� For the purposes of this
section, "receiving" means acquiring possession, control or title, or
lending on the security of the motor vehicle.

(cf: P.L.2023, c.101, s.2)

���� 6.��� (New section) a.�������� There
is established in the Juvenile Justice Commission, created by section 2 of
P.L.1995, c.284 (C.52:17B-170), a two-year pilot program titled the �Grants for
Underage Auto-Theft Risk Deterrence Pilot Program.�� The purpose of the pilot
program is to reduce the incidence of motor vehicle thefts in this State by
providing services to juveniles intended to prevent them from engaging or
re-engaging with the criminal justice system.� Services are to be provided by
community service providers that receive grant monies pursuant to the pilot
program.� The services to be provided by a pilot program service provider shall
include, but not be limited to:

���� (1)� Mental health services;

���� (2)� Substance use disorder
treatment and recovery;

���� (3)� Education support;

���� (4)� Employment services;

���� (5)� Housing support;

���� (6)� Financial literacy and
debt support services;

���� (7)� Life skills support
services;

���� (8)� Social support services;
and

���� (9)� Preventative mentoring
services.

���� b.��� The Juvenile Justice
Commission shall administer the Grants for the pilot program and shall:

���� (1)� Set standards and
determine eligibility for pilot program grant funding;

���� (2)� Establish criteria and
procedures for grant applications and disbursement;

���� (3) Determine how best to
allocate pilot program grant funds;

���� (4) Set standards and
procedures for grant award eligibility, and program operation, supervision, and
evaluation;

���� (5) Award grants;

���� (6) Collect and provide
information about community-based services to be implemented by pilot program
service providers;

���� (7)� Establish suggested
training standards for pilot program service providers; and

���� (8) Monitor and evaluate
implementation and effectiveness of the provision of services pursuant to the
pilot program, particularly with regard to the impact of the program on the
reduction of motor vehicle thefts in the State.

���� c.��� Consistent with the
needs of each juvenile participating in the pilot program, a pilot program service
provider may provide the following services to juveniles participating in the
program, with the goal of reducing the commission of motor vehicle thefts by
juveniles in the State and preventing the juvenile from engaging or re-engaging
with the criminal justice system:

���� (1)� In order to increase a
juvenile�s participation in education, vocational programming, and employment,
a juvenile participating in the pilot program may receive academic support,
depending on personal development goals, and may be connected to secondary
schools, alternative schools, vocational schools, apprenticeship programs and
colleges and universities.� The pilot program service provider may collaborate
with local community college admissions and academic support programs, and
offer workshops that include financial aid planning.� Juveniles participating
in the pilot program who are seeking employment may be linked to vocational or
job readiness training.� The pilot program participants may be trained in and
utilize evidence-based and evidence-informed practices with respect to the
provision of their respective services.

���� (2)� In order to increase
participation in mental health and well-being programming, pilot program
service providers may employ trauma-informed practices and connect juveniles
participating in the pilot program to licensed outpatient mental health care
facilities and professionals, and services to address physical health, mental
health and substance use disorders.

���� (3)� Pilot program service
providers may employ trauma-informed practices, violence reduction, and services
and tools to address harmful and unlawful behavior, with a focus on addressing
behavior related to motor vehicle theft crimes.

���� (4) In order to improve the
behavioral responses of juveniles within communities and deter unlawful
behavior, particularly motor vehicle theft crimes, pilot program service
providers may take steps to increase the program participation rates of
juveniles in other community programs designed to prevent juveniles from
engaging or re-engaging in the criminal justice system. �

���� (5) Pilot program service providers
may collaborate with the service providers of any education pilot programs
operating in the participating jurisdiction during the time the pilot program
established by this act is operating, in order to incorporate services provided
pursuant to the Grants for Underage Auto-Theft Risk Deterrence Pilot Program
within that education pilot program.

���� d.��� Pilot program services
providers may seek additional monies from any public or private source to
further advance the goals of the pilot program.

���� 7.��� (New section) a.� There
is established within the General Fund a separate, temporary dedicated fund to
be known as the �Grants for Underage Auto-Theft Risk Deterrence Pilot Program
Fund,�� to be held separate and apart from all other funds of the State.� This
fund shall be administered and the monies in the fund distributed by the
Juvenile Justice Commission.� From the monies appropriated under the category
of juvenile grants-in-aid for the Department of Law and Public Safety in State
fiscal year 2024 and State fiscal year 2025, $3,500,000 in each fiscal year
shall be credited to this fund for a total of $7,000,000, and these monies, and
any interest or other income earned thereon, shall only be used for purposes
associated with the pilot program established pursuant to
P.L. , c.��� (C.������� ) (pending before the
Legislature as this bill).�

���� b.��� The fund shall be used
to provide grants to pilot program service providers selected by the Juvenile
Justice Commission through a competitive process established by the commission
pursuant to subsection b. of section 6 of P.L. ,
c.��� (C.������� ) (pending before the Legislature as this bill) to develop and
implement the pilot program.� Grant monies may be awarded to a service provider
located in a county having a population of not less than 300,000.�

���� c.��� No more than eight
percent of the monies in the fund shall be used by the Juvenile Justice
Commission for administrative purposes and no more than eight percent of the
monies in the fund shall be used by the pilot program service providers for
administrative purposes.

���� d.��� Monies in the fund
administered and distributed by the Juvenile Justice Commission shall not
replace any other funds administered and distributed by the commission,
including those administered and distributed through the State/Community
Partnership Grant Program established pursuant to P.L.1995, c.283 (C.52:17B-179
et al.).

���� e.��� The pilot program shall
operate for a period of two years, exclusive of the time required to implement
the grant application and award process, and to initiate the pilot program.� To
the extent necessary, funding distributed to the pilot program shall be carried
forward and used for its purposes regardless of whether the funds are expended
in the same fiscal year in which the funds were initially distributed.� At the
conclusion of the two-year pilot program, any monies remaining in the fund
shall be transferred to the Juvenile Justice Commission for use in
administering the State/Community Partnership Grant Program established
pursuant to P.L.1995, c.283 (C.52:17B-179 et al.), and funding grants
distributed through that program.

���� 8.��� (New section) The
Juvenile Justice Commission shall submit a report to the Governor and, pursuant
to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature at the
conclusion of the two-year pilot program, containing information on the
development and implementation of the pilot program, the effectiveness of the
program in reducing the incidence of motor vehicle thefts in the State and
preventing juveniles from engaging or re-engaging with the criminal justice
system, and the feasibility of expanding the program to other counties in the
State.� The report shall also include copies of any reports by service
providers selected to develop and implement the pilot program.

���� 9.��� (New section) The
Juvenile Justice Commission shall adopt such rules and regulations as the
commission deems necessary or proper to implement the provisions of
P.L. , c.��� (C.������� ) (pending before the
Legislature as this bill).

���� 10.� Sections 1 through 5 of
this act shall take effect immediately.� Sections 6 through 9 of this act shall
take effect immediately, and shall expire 30 days following the Juvenile
Justice Commission�s submission of the report to the Governor and Legislature
as required by section 8 of this act.

STATEMENT

���� This bill establishes a
rebuttable presumption of pretrial detention and increases penalties for motor
vehicle theft offenses; authorizes the issuance of an order of home detention
for minors adjudicated delinquent for motor vehicle theft offenses; and makes
any crime of theft of a motor vehicle or receiving a stolen motor vehicle a
crime of the second degree.� In addition, the bill establishes in the Juvenile
Justice Commission (JJC) a two-year pilot program titled the �Grants for
Underage Auto-Theft Risk Deterrence Pilot Program,� (GUARD) and appropriates $7
million to fund the pilot program.�

Changes to the Criminal Justice
Reform Law

���� Under P.L.2014, c.31, also
known as the �Criminal Justice Reform Law,� (CJR) courts are authorized to
order the pretrial release of a defendant pending further proceedings, or order
the 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.� For certain crimes, the CJR establishes a rebuttable presumption
that a defendant is to be detained pending trial because no amount of monetary
bail, non-monetary conditions of release, or combination thereof would
reasonably assure the safety of any other person or the community.� This
presumption may be rebutted by the defendant upon a showing of a preponderance
of the evidence.�

���� This rebuttable presumption
applies under current law when a prosecutor files a motion for the pretrial
detention of a defendant charged with murder or any crime for which the
defendant would be subject to an ordinary or extended term of life imprisonment.�
Under the bill, the rebuttable presumption also would apply when a prosecutor
files a motion for pretrial detention of a defendant charged with theft of a
motor vehicle, receiving a stolen motor vehicle, or the unlawful taking of a
motor vehicle.�

���� Under current law theft of a
motor vehicle is a crime of the third degree unless the value of the vehicle is
$75,000 or more, or the theft involved more than one motor vehicle, in which
case it is a crime of the second degree.� The act of receiving a stolen motor
vehicle under current law also is a crime of the third degree, unless the value
of the vehicle is $75,000 or more.� The bill makes any crime of theft of a
motor vehicle or receiving a stolen motor vehicle a crime of the second
degree.� A crime of the third degree is punishable by three to five years
imprisonment, a fine of up to $15,000, or both.� A crime of the second degree
is punishable by five to 10 years imprisonment, a fine of up to $150,000, or
both.

Additional Penalties for Motor
Vehicle Theft Offenses

���� The provisions of the bill
also provide that, in addition to any other disposition authorized by law, a
person convicted of theft of a motor vehicle, receiving a stolen motor vehicle,
or the unlawful taking of a motor vehicle is to be subject to a penalty and may
be ordered to a period of license suspension or revocation.� For the first
offense, the person is subject to a penalty of $500, and the court may suspend,
revoke, or postpone the person's driving privileges for a up to one year; for a
second offense, the defendant is subject to a penalty of $750, and the court
may suspend, revoke, or postpone the person's driving privileges for up to
exceed two years; and for a third or subsequent offense, the defendant is
subject to a penalty of $1,000, and the court may suspend, revoke, or postpone
the person's driving privileges for up to 10 years.

���� The provisions of the bill
authorize a court to order the home detention of a minor who is convicted of
theft of a motor vehicle, receiving a stolen motor vehicle, or the unlawful
taking of a motor vehicle.� A minor sentenced to home detention under the bill may
leave the residence to: attend in-person court appearances; attend in-person probation
appointments; attend in-person attorney appointments after providing proper
notice; or for any other reason authorized pursuant to a court order. The bill
requires courts to hear the case of a minor within 48 hours of an arrest for
theft of a motor vehicle theft, receiving a stolen motor vehicle, or the
unlawful taking of a motor vehicle.

Grants for Underage Auto-Theft
Risk Deterrence Pilot Program (GUARD)

���� This bill establishes in the Juvenile
Justice Commission (JJC) a two-year pilot program titled the �Grants for
Underage Auto-Theft Risk Deterrence Pilot Program,� (GUARD) and appropriates $7
million to fund the pilot program.� The purpose of the pilot program is to reduce
the incidence of motor vehicle thefts in this State by providing services to
juveniles intended to prevent them from engaging or re-engaging with the
criminal justice system.� Services are to be provided by pilot program service
providers awarded grant monies pursuant to the pilot program.

���� The services to be provided by
a pilot program service provider under the bill are to include, but not be
limited to:

�

Mental health services;

�

Substance use disorder treatment and recovery;

�

Education support;

�

Employment services;

�

Housing support;

�

Financial literacy and debt support services;

�

Life skills support services;

�

Social support services; and

�

Preventative mentoring services.

���� Under the bill, the JJC is
responsible for administering the pilot program, and is required to

�

Set standards and determine eligibility for pilot program grant
funding;

�

Establish criteria and procedures for grant applications and
disbursement;

�

Determine how best to allocate pilot program grant funds;

�

Set standards and procedures for grant award eligibility, and
program operation, supervision, and evaluation;

�

Award grants;

�

Collect and provide information about community-based services to
be implemented by pilot program service providers;

�

Establish suggested training standards for pilot program service
providers in accordance with the provisions of this section; and

�

Monitor and evaluate implementation and effectiveness of the
provision of services pursuant to the pilot program, particularly with regard
to the impact of the program on the reduction of motor vehicle thefts in the
State.

���� The provisions of the bill
also establish a non-exhaustive list of services that pilot program service
providers may provide.�

���� The bill establishes within
the General Fund a separate, temporary dedicated fund to be known as the
�Grants for Underage Auto-Theft Risk Deterrence Pilot Program Fund� to be
administered and the monies in the fund distributed by the JJC.� From the
monies appropriated under the category of juvenile grants-in-aid for the
Department of Law and Public Safety in State fiscal year 2024 and State fiscal
year 2025, $3,500,000 in each fiscal year is to be credited to the fund for a
total of $7,000,000.� These monies, and any interest or other income earned are
only to be used for purposes associated with the pilot program.� The fund is to
be used to provide grants to pilot program service providers selected by the JJC
through a competitive process established by the commission. �Grant monies may only
be awarded to a service provider located in a county having a population of not
less than 300,000.� No more than eight percent of the monies in the fund are to
be used by either the JJC pilot program service providers for administrative
purposes.

���� The pilot program established
under the bill will operate for a period of two years, exclusive of the time
required to implement the grant application and award process, and to initiate
the pilot program.� The JJC is required to submit a report to the Governor and
the Legislature at the conclusion of the two-year pilot program.� The report is
required to contain information on the development and implementation of the
pilot program, the effectiveness of the program in reducing the incidence of
motor vehicle thefts in the State and preventing juveniles from engaging or
re-engaging with the criminal justice system, and the feasibility of expanding
the program to other counties in the State.� The report is also required to connect
juveniles participating in the pilot program to licensed outpatient mental
health care facilities and professionals, and services to address physical
health, mental health and substance use disorders.