Eliminates presumption of pretrial release for sex offenses and certain violent crimes committed using a deadly weapon.

A1349

ASSEMBLY, No. 1349

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblyman CODY D. MILLER

District 4 (Atlantic, Camden and Gloucester)

Assemblyman DAN HUTCHISON

District 4 (Atlantic, Camden and Gloucester)

SYNOPSIS

���� Eliminates presumption of pretrial release for sex
offenses and certain violent crimes committed using a deadly weapon.

CURRENT VERSION OF TEXT

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

��

An Act
concerning
pretrial release and amending
P.L.2014, c.31.

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

���� 1.��� Section 3 of P.L.2014,
c.103 (C.2A:162-17) is amended to read as follows:

���� 2A:162-17. Consideration for
pretrial release.

���� 3.��� Except as otherwise
provided under sections 4 and 5 of P.L.2014, c.31 (C.2A:162-18 and C.2A:162-19)
concerning a hearing on pretrial detention, a court shall make, pursuant to
this section, a pretrial release decision for an eligible defendant without unnecessary
delay, but in no case later than 48 hours after the eligible defendant's
commitment to jail.

���� a.���� Except as otherwise
provided in
[
this
subsection
]

P.L.2014, c.31 (C.2A:162-15 et seq.)
, the court shall order the pretrial
release of the eligible defendant on personal recognizance or on the execution
of an unsecured appearance bond when, after considering all the circumstances,
the Pretrial Services Program's risk assessment and recommendations on
conditions of release prepared pursuant to section 11 of P.L.2014, c.31
(C.2A:162-25), and any information that may be provided by a prosecutor or the
eligible defendant, the court finds that the release 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 presumption of pretrial release pursuant to this subsection shall
not apply to an eligible defendant charged with
:

����
(1)
theft of or
unlawful taking of a motor vehicle or receiving stolen property where the
property involved is a motor vehicle if on one or more prior and separate
occasions within the 90-day-period preceding the charge, the defendant was
arrested for or convicted of 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 to any of the crimes enumerated in this
subsection
;

����
(2) 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), which involves the use of a deadly weapon as defined in subsection
c. of N.J.S.2C:11-1; or

����
(3) the commission of a sex
offense, as defined in subsection b. of section 2 of P.L.1994, c.133 (C.2C:7-2)
.

���� b. (1) If the court does not
find, after consideration, that the release described in subsection a. of this
section 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, the court may order the pretrial release
of the eligible defendant subject to the following:

���� (a) the eligible defendant
shall not commit any offense during the period of release;

���� (b) the eligible defendant
shall avoid all contact with an alleged victim of the crime;

���� (c) the eligible defendant
shall avoid all contact with all witnesses who may testify concerning the
offense that are named in the document authorizing the eligible defendant's
release or in a subsequent court order; and

���� (d) any one or more
non-monetary conditions as set forth in paragraph (2) of this subsection.

���� (2) The non-monetary condition
or conditions of a pretrial release ordered by the court pursuant to this
paragraph shall be the least restrictive condition, or combination of
conditions, that the court determines 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, which may include that the
eligible defendant:

���� (a) remain in the custody of a
designated person, who agrees to assume supervision and to report any violation
of a release condition to the court, if the designated person is able to
reasonably assure the court that the eligible defendant will appear in court
when required, will not pose a danger to the safety of any other person or the
community, and will not obstruct or attempt to obstruct the criminal justice
process;

���� (b) maintain employment, or,
if unemployed, actively seek employment;

���� (c) maintain or commence an
educational program;

���� (d) abide by specified
restrictions on personal associations, place of abode, or travel;

���� (e) report on a regular basis
to a designated law enforcement agency, or other agency, or pretrial services
program;

���� (f) comply with a specified
curfew;

���� (g) refrain from possessing a
firearm, destructive device, or other dangerous weapon;

���� (h) refrain from excessive use
of alcohol, or any unlawful use of a narcotic drug or other controlled
substance without a prescription by a licensed medical practitioner;

���� (i) undergo available medical,
psychological, or psychiatric treatment, including treatment for drug or
alcohol dependency, and remain in a specified institution if required for that
purpose;

���� (j) return to custody for
specified hours following release for employment, schooling, or other limited
purposes;

���� (k) be placed in a pretrial
home supervision capacity with or without the use of an approved electronic
monitoring device.� The court may order the eligible defendant to pay all or a
portion of the costs of the electronic monitoring, but the court may waive the
payment for an eligible defendant who is indigent and who has demonstrated to
the court an inability to pay all or a portion of the costs; or

���� (l) satisfy any other
condition that is necessary to 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, which shall not include any
prohibition or restriction concerning manufacturing, distributing, or
dispensing, or possessing or having under control with intent to manufacture,
distribute, or dispense, marijuana or hashish in violation of paragraph (12) of
subsection b. of N.J.S.2C:35-5, or possession of marijuana or hashish in
violation of paragraph (3) of subsection a. of N.J.S.2C:35-10.

���� c. (1) If the court does not
find, after consideration, that the release described in subsection a. or b. of
this section will reasonably assure the eligible defendant's appearance in
court when required, the court may order the pretrial release of the eligible
defendant on monetary bail, other than an unsecured appearance bond.� The court
may only impose monetary bail pursuant to this subsection to reasonably assure
the eligible defendant's appearance.� The court shall not impose the monetary
bail to reasonably assure 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, or for the purpose of preventing the
release of the eligible defendant.

���� (2) If the eligible defendant
is unable to post the monetary bail imposed by the court pursuant to this
subsection, and for that reason remains detained in jail, the provisions of
section 8 of P.L.2014, c.31 (C.2A:162-22) shall apply to the eligible defendant.

���� d. (1) If the court does not
find, after consideration, that the release described in subsection a., b., or
c. 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, the court may order the pretrial release of the
eligible defendant using a combination of non-monetary conditions as set forth
in subsection b. of this section, and monetary bail as set forth in subsection
c. of this section.

���� (2) If the eligible defendant
is unable to post the monetary bail imposed by the court in combination with
non-monetary conditions pursuant to this subsection, and for that reason
remains detained in jail, the provisions of section 8 of P.L.2014, c.31 (C.2A:162-22)
shall apply to the eligible defendant.

���� e.���� For purposes of the
court's consideration for pretrial release described in this section, with
respect to whether the particular method of release will reasonably assure that
the eligible defendant will not obstruct or attempt to obstruct the criminal justice
process, this reasonable assurance may be deemed to exist if the prosecutor
does not provide the court with information relevant to the risk of whether the
eligible defendant will obstruct or attempt to obstruct the criminal justice
process.

(cf: P.L.2023, c.103, s.1).

���� 2. This act shall take effect
immediately.

STATEMENT

���� This bill eliminates the
presumption of pretrial release for defendants charged with a sex offense or
certain violent crimes that were committed using a deadly weapon.�

���� 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 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; or the theft of or unlawful
taking of a motor vehicle or receiving stolen property where the property
involved is a motor vehicle under certain circumstances; 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: a 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), commonly referred to as the
No Early Release Act, which involves the use of a deadly weapon; or

a sex offense, as defined under Megan�s
Law pursuant to subsection b. of section 2 of P.L.1994, c.133 (C.2C:7-2).

���� The applicable crimes
enumerated under the No Early Release Act include, but are not limited to:
murder; aggravated manslaughter or manslaughter; vehicular homicide; aggravated
assault; disarming a law enforcement officer; kidnapping; aggravated sexual assault;
sexual assault; robbery; carjacking; aggravated arson; burglary; extortion;
booby traps in manufacturing or distribution facilities; strict liability for
drug induced deaths; terrorism; home invasion burglary; or residential
burglary.

���� �Deadly weapon� is defined to
mean any firearm or other weapon, device, instrument, material or substance,
whether animate or inanimate, which in the manner it is used or is intended to
be used, is known to be capable of producing death or serious bodily injury or
which in the manner it is fashioned would lead the victim reasonably to believe
it to be capable of producing death or serious bodily injury.