"Ending the Criminal Revolving Door Act"; restricts pretrial release of certain defendants; sets conditions for pretrial release of certain first-time offenders; requires revocation of pretrial release under certain circumstances.

A4372

ASSEMBLY, No. 4372

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 19, 2026

Sponsored by:

Assemblyman� ALEX SAUICKIE

District 12 (Burlington, Middlesex, Monmouth and Ocean)

Assemblyman� JAY WEBBER

District 26 (Morris and Passaic)

SYNOPSIS

���� �Ending the Criminal Revolving Door Act�; restricts
pretrial release of certain defendants; sets conditions for pretrial release of
certain first-time offenders; requires revocation of pretrial release under
certain circumstances.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
concerning pretrial detention. designated as �Ending
the Criminal Revolving Door Act,� and amending P.L.2014, c.31.

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

���� 1.��� Section 1 of P.L.2014,
c.31 (C.2A:162-15) is amended to read as follows:

���� 1.��� The provisions of
sections 1 through 11 of P.L.2014, c.31 (C.2A:162-15 et seq.) shall be
liberally construed to effectuate the purpose of primarily relying upon
pretrial release by non-monetary means to reasonably assure an eligible
defendant's appearance in court when required, the protection of the safety of
any other person or the community, that the eligible defendant will not
obstruct or attempt to obstruct the criminal justice process, and that the
eligible defendant will comply with all conditions of release, while
authorizing the court, upon motion of a prosecutor, to order pretrial detention
of the eligible defendant when
, except as otherwise provided in sections 1
through 11 of P.L.2014, c.31 (C.2A:162-15 et seq.),
it finds clear and
convincing evidence that no condition or combination of conditions can
reasonably assure the effectuation of these goals. Monetary bail may be set for
an eligible defendant only when it is determined that no other conditions of
release will reasonably assure the eligible defendant's appearance in court
when required.

���� For the purposes of sections 1
through 11 of P.L.2014, c.31 (C.2A:162-15 et seq.), "eligible
defendant" shall mean a person for whom a complaint-warrant is issued for
an initial charge involving an indictable offense or a disorderly persons offense
unless otherwise provided in sections 1 through 11 of P.L.2014, c.31
(C.2A:162-15 et seq.).

(cf: P.L.2014, c.31, s.1)

���� 2.��� 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.

���� (2)�
[
After
]

Except as
otherwise provided in this section, 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).

����
(3)� Upon motion of the
prosecutor, unless the court finds clear and convincing evidence that no amount
of monetary bail, non-monetary conditions of release, or a 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, an eligible defendant for
whom a complaint-warrant is issued for an initial charge involving a crime of
the third or fourth degree who has not previously been convicted on one or more
prior and separate occasions of an indictable offense shall 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, and 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, and that the eligible defendant will not
obstruct or attempt to obstruct the criminal justice process.

����
(4)� Upon motion of the
prosecutor, an eligible defendant for whom a complaint-warrant is issued for an
initial charge involving a crime of the second degree who has not previously
been convicted on one or more prior and separate occasions of an indictable
offense; or for an initial charge involving a crime of the third or fourth
degree who has previously been convicted on two or more prior and separate
occasions of an indictable offense, shall be detained pending trial unless the
court finds clear and convincing evidence that monetary bail, non-monetary
conditions of release, or a 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.

����
(5)� Upon motion of the
prosecutor, an eligible defendant for whom a complaint-warrant is issued for an
initial charge involving a crime of the first degree, or a crime of the second
degree if the defendant has previously been convicted on one or more prior and
separate occasions of an indictable offense, shall be detained pending trial
unless the court finds evidence beyond a reasonable doubt that monetary bail,
non-monetary conditions of release, or a 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.��� 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)

���� 3.��� 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
]

Except as
otherwise provided in section 2 of P.L.2014, c.31 (C.2A:162-16), 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.

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

���� 4.��� 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
that
the conditions for pretrial release of an eligible defendant pursuant to
subsection b. of section 2 of P.L.2014, c.31 (C.2A:162-16), if applicable, are
not met, or 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) 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)

���� 5.��� 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;
]
�

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

���� (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.

���� 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:

���� (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
]
.

���� 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
]

as otherwise provided in this section and
subsection b. of
[
this section
]

section 2
of P.L.2014, c.31 (C.2A:162-16)
, 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)

���� 6.��� Section 7 of P.L.2014,
c.31 (C.2A:162-21) is amended to read as follows:

���� 7.� a.� In a pretrial
detention order issued pursuant to
section 2 of P.L.2014, c.31 (C.2A:162-16)
or
sections 4 and 5 of P.L.2014, c.31 (C.2A:162-18 and C.2A:162-19), the
court shall:

���� (1)� include written findings
of fact and a written statement of the reasons for the detention; and

���� (2)� direct that the eligible
defendant be afforded reasonable opportunity for private consultation with
counsel.

���� b.��� The court may, by
subsequent order, permit the temporary release of the eligible defendant
subject to appropriate restrictive conditions, which may include but shall not
be limited to pretrial supervision, to the extent that the court determines the
release to be necessary for preparation of the eligible defendant's defense or
for another compelling reason.

(cf: P.L.2014, c.31, s.7)

���� 7.��� Section 8 of P.L.2014,
c.31 (C.2A:162-22) is amended to read as follows:

���� 8. a. Concerning an eligible
defendant subject to pretrial detention as ordered by a court pursuant to
section
2 of P.L.2014, c.31 (C.2A:162-16) or
sections 4 and 5 of P.L.2014, c.31
(C.2A:162-18 and C.2A:162-19) or an eligible defendant who is detained in jail
due to the inability to post the monetary bail imposed by the court pursuant to
subsection c. or d. of section 3 of P.L.2014, c.31 (C.2A:162-17):

���� (1)� (a)� The eligible
defendant shall not remain detained in jail for more than 90 days, not counting
excludable time for reasonable delays as set forth in subsection b. of this
section, prior to the return of an indictment.� If the eligible defendant is
not indicted within that period of time, the eligible defendant shall be
released from jail unless, on motion of the prosecutor, the court finds that a
substantial and unjustifiable risk to the safety of any other person or the
community or the obstruction of the criminal justice process would result from
the eligible defendant's release from custody, so that no appropriate
conditions for the eligible defendant's release could reasonably address that
risk, and also finds that the failure to indict the eligible defendant in
accordance with the time requirement set forth in this subparagraph was not due
to unreasonable delay by the prosecutor.� If the court finds that a substantial
and unjustifiable risk to the safety of any other person or the community or the
obstruction of the criminal justice process would result, and also finds that
the failure to indict the eligible defendant in accordance with the time
requirement set forth in this subparagraph was not due to unreasonable delay by
the prosecutor, the court may allocate an additional period of time, not to
exceed 45 days, in which the return of an indictment shall occur.�
Notwithstanding the court's previous findings for ordering the eligible
defendant's pretrial detention, or if the court currently does not find a
substantial and unjustifiable risk or finds unreasonable delay by the
prosecutor as described in this subparagraph, the court shall order the release
of the eligible defendant pursuant to section 3 of P.L.2014, c.31
(C.2A:162-17).

���� (b)� If the eligible defendant
is charged or indicted on another matter resulting in the eligible defendant's
pretrial detention, the time calculations set forth in subparagraph (a) of this
paragraph for each matter shall run independently.

���� (2)� (a)� An eligible
defendant who has been indicted shall not remain detained in jail for more than
180 days on that charge following the return or unsealing of the indictment,
whichever is later, not counting excludable time for reasonable delays as set
forth in subsection b. of this section, before commencement of the trial.� If
the trial does not commence within that period of time, the eligible defendant
shall be released from jail unless, on motion of the prosecutor, the court
finds that a substantial and unjustifiable risk to the safety of any other
person or the community or the obstruction of the criminal justice process
would result from the eligible defendant's release from custody, so that no
appropriate conditions for the eligible defendant's release could reasonably
address that risk, and also finds that the failure to commence trial in
accordance with the time requirement set forth in this subparagraph was not due
to unreasonable delay by the prosecutor.� If the court finds that a substantial
and unjustifiable risk to the safety of any other person or the community or
the obstruction of the criminal justice process would result, and also finds
that the failure to commence trial in accordance with the time requirement set
forth in this subparagraph was not due to unreasonable delay by the prosecutor,
the court may allocate an additional period of time in which the eligible
defendant's trial shall commence. Notwithstanding the court's previous findings
for ordering the eligible defendant's pretrial detention, or if the court
currently does not find a substantial and unjustifiable risk or finds
unreasonable delay by the prosecutor as described in this subparagraph, the
court shall order the release of the eligible defendant pursuant to section 3 of
P.L.2014, c.31 (C.2A:162-17).� Notwithstanding any other provision of this
section, an eligible defendant shall be released from jail pursuant to section
3 of P.L.2014, c.31 (C.2A:162-17) after a release hearing if, two years after
the court's issuance of the pretrial detention order for the eligible
defendant, excluding any delays attributable to the eligible defendant, the
prosecutor is not ready to proceed to voir dire or to opening argument, or to
the hearing of any motions that had been reserved for the time of trial.

���� (b)� (i)� For the purposes of
this paragraph, a trial is considered to have commenced when the court
determines that the parties are present and directs them to proceed to voir
dire or to opening argument, or to the hearing of any motions that had been reserved
for the time of trial.

���� (ii)� The return of a
superseding indictment against the eligible defendant shall extend the time for
the trial to commence.

���� (iii)� If an indictment is
dismissed without prejudice upon motion of the eligible defendant for any
reason, and a subsequent indictment is returned, the time for trial shall begin
running from the date of the return of the subsequent indictment.

���� (iv) A trial ordered after a
mistrial or upon a motion for a new trial shall commence within 120 days of the
entry of the order of the court.� A trial ordered upon the reversal of a
judgment by any appellate court shall commence within 120 days of the service
of that court's trial mandate.

���� (c)�� If the eligible
defendant is indicted on another matter resulting in the eligible defendant's
pretrial detention, the time calculations set forth in this paragraph for each
matter shall run independently.

���� b.� (1)�� The following
periods shall be excluded in computing the time in which a case shall be
indicted or tried:

���� (a)�� The time resulting from
an examination and hearing on competency and the period during which the
eligible defendant is incompetent to stand trial or incapacitated;

���� (b)� The time from the filing
to the disposition of an eligible defendant's application for supervisory
treatment pursuant to N.J.S.2C:36A-1 or N.J.S.2C:43-12 et seq., special
probation pursuant to N.J.S.2C:35-14, drug or alcohol treatment as a condition
of probation pursuant to N.J.S.2C:45-1, or other pretrial treatment or
supervisory program;

���� (c)�� The time from the filing
to the final disposition of a motion made before trial by the prosecutor or the
eligible defendant;

���� (d)� The time resulting from a
continuance granted, in the court's discretion, at the eligible defendant's
request or at the request of both the eligible defendant and the prosecutor;

���� (e)�� The time resulting from
the detention of an eligible defendant in another jurisdiction provided the
prosecutor has been diligent and has made reasonable efforts to obtain the
eligible defendant's presence;

���� (f)�� The time resulting from
exceptional circumstances including, but not limited to, a natural disaster,
the unavoidable unavailability of an eligible defendant, material witness or
other evidence, when there is a reasonable expectation that the eligible defendant,
witness or evidence will become available in the near future;

���� (g)� On motion of the
prosecutor, the delay resulting when the court finds that the case is complex
due to the number of defendants or the nature of the prosecution;

���� (h)� The time resulting from a
severance of codefendants when that severance permits only one trial to
commence within the time period for trial set forth in this section;

���� (i)�� The time resulting from
an eligible defendant's failure to appear for a court proceeding;

���� (j)�� The time resulting from
a disqualification or recusal of a judge;

���� (k)� The time resulting from a
failure by the eligible defendant to provide timely and complete discovery;

���� (l) The time for other periods
of delay not specifically enumerated if the court finds good cause for the
delay; and

���� (m) Any other time otherwise
required by statute.

���� (2)� The failure by the
prosecutor to provide timely and complete discovery shall not be considered
excludable time unless the discovery only became available after the time set
for discovery.

(cf: P.L.2014, c.31, s.8)

���� 8.��� Section 10 of P.L.2014,
c.31 (C.2A:162-24) is amended to read as follows:

���� 10.� a.� Upon motion of a
prosecutor, when an eligible defendant is released from custody before trial
pursuant to
section 2 of P.L.2014, c.31 (C.2A:162-16),
section
3 of
P.L.2014, c.31 (C.2A:162-17),
or
section
8 of P.L.2014, c.31 (
[
C.2A:162-17 or
]
C.2A:162-22),
the court, upon a finding that the eligible defendant while on release has
violated a restraining order or condition of release, or upon a finding of
probable cause to believe that the eligible defendant has committed a new crime
while on release,
[
may
not
]

shall

revoke the eligible defendant's release and order that the eligible defendant
be detained pending trial unless the court, after considering all relevant
circumstances including but not limited to the nature and seriousness of the
violation or criminal act committed, finds clear and convincing evidence that
[
no
]
monetary
bail, non-monetary conditions of 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, or that the eligible defendant will not obstruct or attempt to
obstruct the criminal justice process.

���� b.��� A court shall not revoke
an eligible defendant's release and order that the eligible defendant be
detained pending trial based on 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.

(cf: P.L.2021, c.19, s.9)

���� 9.� This act shall take effect
on the first day of the fourth month next following the date of enactment.

STATEMENT

���� This bill restricts the
pretrial release of certain defendants charged with a crime of the first degree
and certain repeat offenders, and provides conditions for pretrial release of
certain first-time offenders charged with lower-level crimes.
It is the sponsor�s intent to ensure
more uniform application of the State�s criminal laws, and reduce the number of
defendants charged with violent crimes being released pending trial.

����
Under P.L.2014, c.31, also known as the �Criminal Justice
Reform Law� or �bail reform,� 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. Pretrial
detention determinations are based on a risk assessment conducted by the
Pretrial Services Program, which assesses each eligible defendant detained on a
complaint-warrant and makes recommendations to the court as to an appropriate
pretrial release decision. Under current law, there is a rebuttable presumption
for some form of pretrial release, except with respect to an eligible defendant
charged with murder or a crime for which the eligible defendant would be
subject to an ordinary or extended term of life imprisonment.

���� This bill establishes a strict standard that must be met
in order for a court to order the pretrial release of these defendants, as well
as certain repeat offenders.� The bill would also set conditions for the
pretrial release of first-time offenders charged with less serious crimes.�
Under the bill, upon motion of the prosecutor:

�

a
defendant charged with any crime of the first degree; or a crime of the second
degree if the defendant has previously been convicted on one or more prior and
separate occasions of an indictable offense, are to be detained pending trial
unless the court finds evidence beyond a reasonable doubt that monetary bail,
non-monetary conditions of release, or a 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;

�

a
defendant charged with a crime of the second degree who has not previously been
convicted on one or more prior and separate occasions of an indictable offense;
or a crime of the third or fourth degree who has previously been convicted on
two or more prior and separate occasions of an indictable offense is to be
detained pending trial unless the court finds clear and convincing evidence
that monetary bail, non-monetary conditions of release, or a 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; and

�

an
eligible defendant charged with a crime of the third or fourth degree who has
not previously been convicted on one or more prior and separate occasions of an
indictable offense is to be released pending trial unless the court finds clear
and convincing evidence that no amount of monetary bail, non-monetary
conditions of release, or a 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;

���� Current law also provides that
a court may revoke a defendant�s pretrial release and order detention pending
trial if the defendant violates a condition of release or commits a new crime
while on release, but only if it finds by clear and convincing evidence that no
monetary bail or conditions of release would reasonably assure the defendant's
appearance in court and the public�s safety, or that the eligible defendant
will not obstruct or attempt to obstruct the criminal justice process.
Under current law, the lowest level
distribution offenses involving marijuana or hashish, and possession of
marijuana or hashish, are not to be considered a violation of the terms of
pretrial release.

���� This bill, instead, provides that if a defendant
violates any condition of pretrial release, or commits any crime while on
release, the court is required to revoke the pretrial release and order the
defendant to be detained pending trial, unless it finds by clear and convincing
evidence that monetary bail or conditions of release would reasonably assure
the defendant's appearance in court and the public�s safety, or that the
eligible defendant will not obstruct or attempt to obstruct the criminal justice
process.