Permits pretrial detention for contempt violation of protective order issued under "Victim's Assistance and Survivor Protection Act."

A4835 1R

[First Reprint]

ASSEMBLY, No. 4835

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED MAY 4, 2026

Sponsored by:

Assemblyman� ANDREW MACURDY

District 21 (Middlesex, Morris, Somerset and Union)

Assemblywoman� LUANNE M. PETERPAUL

District 11 (Monmouth)

Assemblywoman� MARISA SWEENEY

District 25 (Morris and Passaic)

Co-Sponsored by:

Assemblywoman Haider, Assemblyman Auth, Assemblywomen
Bagolie, Park, Reynolds-Jackson, Carter, Assemblymen Freiman and Wainstein

SYNOPSIS

���� Permits pretrial detention for contempt violation of
protective order issued under "Victim's Assistance and Survivor Protection
Act."

CURRENT VERSION OF TEXT

���� As reported by the Assembly Appropriations Committee
on June 8, 2026, with amendments.

��

An Act
concerning 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 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) contempt enumerated
under subsection d. of N.J.S.2C:29-9 for a violation of an order entered under
the provisions of P.L.2015, c.147 (C.2C:14-13 et al.)
.

���� 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
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)

����
1
2.�� 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) 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).
1

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

����
1
[
2.
]

3.
1
� This
act shall take effect immediately.