Permits court to take additional time to consider pretrial release or pretrial detention when firearm offense is involved.

A2311

ASSEMBLY, No. 2311

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman LUANNE M. PETERPAUL

District 11 (Monmouth)

Assemblyman WILLIAM W. SPEARMAN

District 5 (Camden and Gloucester)

Assemblywoman ROSAURA "ROSY" BAGOLIE

District 27 (Essex and Passaic)

Co-Sponsored by:

Assemblywomen Reynolds-Jackson, Carter, Murphy, Swain and
Assemblyman Tully

SYNOPSIS

���� Permits court to take additional time to consider
pretrial release or pretrial detention when firearm offense is involved.

CURRENT VERSION OF TEXT

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

��

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

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

����� 1.�� Section
2 of P.L.2014, c.31 (C.2A:162-16) is amended to read as follows:

����� 2.
a. An eligible defendant, following the issuance of a complaint-warrant
pursuant to the conditions set forth under subsection c. of this section, shall
be temporarily detained to allow the Pretrial Services Program to prepare a
risk assessment with recommendations on conditions of release pursuant to
section 11 of P.L.2014, c.31 (C.2A:162-25) and for the court to issue a
pretrial release decision.

����� b.
(1) Except as otherwise provided under sections 4 and 5 of P.L.2014, c.31
(C.2A:162-18 and C.2A:162-19) the court, pursuant to section 3 of P.L.2014,
c.31 (C.2A:162-17), shall make a pretrial release decision for the eligible
defendant without unnecessary delay, but in no case later than 48 hours after
the eligible defendant's commitment to jail.� The court shall consider the
Pretrial Services Program's risk assessment and recommendations on conditions
of release before making any pretrial release decision for the eligible
defendant
; provided however, that upon request of the prosecutor, the court
may take additional time than established pursuant to this section if the
eligible defendant is charged with any crime or offense involving the use or
possession of a firearm, but the additional time provided for shall not exceed
such time as is reasonably necessary for a firearms ballistic analysis to be
conducted and immediately provided to the court, and in no event shall exceed
seven days
.

����� (2)� After
considering all the circumstances, the Pretrial Services Program's risk
assessment and recommendations on conditions of release, and any information
that may be provided by a prosecutor or the eligible defendant, the court shall
order that the eligible defendant be:

����� (a)� released
on the eligible defendant's own recognizance or on execution of an unsecured
appearance bond; or

����� (b)� released
on a non-monetary condition or conditions, with the condition or conditions
being 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, or that the eligible defendant will not obstruct or attempt to
obstruct the criminal justice process; or

����� (c)� released
on monetary bail, other than an unsecured appearance bond, to reasonably assure
the eligible defendant's appearance in court when required, or a combination of
monetary bail and non-monetary conditions, to 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; or

����� (d) detained
in jail, upon motion of the prosecutor, pending a pretrial detention hearing
pursuant to sections 4 and 5 of P.L.2014, c.31 (C.2A:162-18 and C.2A:162-19).

����� c.�� A
law enforcement officer shall not apply for a complaint-warrant except in
accordance with guidelines issued by the Attorney General, and a court may not
issue a complaint-warrant except as may be authorized by the Rules of Court.

����� d.
(1) A defendant who is charged on a complaint-summons shall be released from
custody and shall not be subject to the provisions of sections 1 through 11 of
P.L.2014, c.31 (C.2A:162-15 et seq.).

����� (2)
(a) If a defendant who was released from custody after being charged on a
complaint-summons pursuant to paragraph (1) of this subsection is subsequently
arrested on a warrant for failure to appear in court when required, that
defendant shall be eligible for release on personal recognizance or release on
bail by sufficient sureties at the discretion of the court.� If monetary bail
was not set when an arrest warrant for the defendant was issued, the defendant
shall have monetary bail set without unnecessary delay, but in no case later
than 12 hours after arrest.� Pursuant to the Rules of Court, if the defendant
is unable to post monetary bail, the defendant shall have that bail reviewed
promptly and may file an application with the court seeking a bail reduction,
which shall be heard in an expedited manner.

����� (b)� If
the defendant fails to post the required monetary bail set by the court
pursuant to this paragraph, the defendant may not be detained on the charge or
charges contained in the complaint-summons beyond the maximum term of
incarceration or term of probation supervision for the offense or offenses
charged.

(cf:
P.L.2014, c.31, s.2)

����� 2.�� 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
; provided however, that upon request
of the prosecutor, the court may take additional time than established pursuant
to this section if the eligible defendant is charged with any crime or offense
involving the use or possession of a firearm, but the additional time provided
for shall not exceed such time as is reasonably necessary for a firearms
ballistic analysis to be conducted and immediately

provided to the
court, and in no event shall exceed seven days
.

����� a.�� Except
as otherwise provided in this subsection, 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 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.

����� 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)

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

STATEMENT

����� This bill permits a court, when making a pretrial
detention determination, and upon the request of the prosecutor, to take more
time in such determination when the charged offense involves a firearm.

����� Under current law, a court is required to make 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.� Under the bill, the 48 hours would not apply in cases where an eligible
defendant is charged with any crime or offense involving the use or possession
of a firearm.� The additional time provided to the court would not exceed such
time as is reasonably necessary for a firearms ballistic analysis to be
conducted and immediately provided to the court, and in no event exceed seven
days.