Requires court to provide certain defendants with referral for mental health and substance abuse evaluation.

A1804

ASSEMBLY, No. 1804

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblyman ANTHONY S. VERRELLI

District 15 (Hunterdon and Mercer)

Assemblyman STERLEY S. STANLEY

District 18 (Middlesex)

SYNOPSIS

���� Requires court to provide certain defendants with
referral for mental health and substance abuse evaluation.

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.31 (C.2A:162-17) is amended to read as follows:

���� 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.���� 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.

���� 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.

����
f.���� Upon ordering the
pretrial release of an eligible defendant under this section, the court shall
provide the eligible defendant with a referral for a psychological or
psychiatric evaluation and an evaluation for drug or alcohol dependency.� The
provider of the evaluation shall notify the court if the eligible defendant
completes the evaluation.�

����
The provisions of this
subsection shall not apply when the court orders the pretrial release of an
eligible defendant subject to the condition that the defendant undergo
available psychological or psychiatric treatment, including treatment for drug
or alcohol dependency, and remain in a specified institution if required for
that purpose pursuant to subparagraph (i) of paragraph (2) of subsection b. of
this section.

(cf: P.L.2021, c.19, s.7)

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

STATEMENT

���� This bill requires the court
to provide certain defendants with a referral for a mental health and substance
abuse evaluation.

���� Under current law, if certain
conditions are met, the court is required to order the pretrial release of
certain defendants.

���� Under the provisions of this
bill, upon ordering the pretrial release of a defendant, the court is to
provide the defendant with a referral for a psychological or psychiatric
evaluation and an evaluation for drug and alcohol dependency.� The provider of the
evaluation is to notify the court if the defendant completes the evaluation.�

���� However, under the bill, the
court is not required to provide a referral when the court orders the pretrial
release of an eligible defendant subject to the condition that the defendant
undergo available psychological or psychiatric treatment, including treatment
for alcohol or drug dependency, and remain in a specified institution if
required for that purpose.