Requires Pretrial Services to recommend pretrial detention of defendants charged with certain firearms offenses.

S3230

SENATE, No. 3230

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 2, 2026

Sponsored by:

Senator� SHIRLEY K. TURNER

District 15 (Hunterdon and Mercer)

SYNOPSIS

���� Requires Pretrial Services to recommend pretrial
detention of defendants charged with certain firearms offenses.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
concerning pretrial detention determinations 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.�

���� 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.��� W
hen 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
the following offenses:

����
(1)
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
]

; and

��
(2) subsections
k., l., m., and n. of N.J.S.2C:39-9
.

(cf:
P.L.2022, c.43
,
s.1)

���� 2.��� Section 6 of P.L.2014,
c.31 (C.2A:162-20) is amended to read as follows:����

���� 6.��� In determining in a
pretrial detention hearing 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 take into account information concerning:

���� a.���� The nature and
circumstances of the offense charged;

���� b.��� The weight of the
evidence against the eligible defendant, except that the court may consider the
admissibility of any evidence sought to be excluded;

���� c.���� The history and
characteristics of the eligible defendant, including:

���� (1)�� the eligible defendant's
character, physical and mental condition, family ties, employment, financial
resources, length of residence in the community, community ties, past conduct,
history relating to drug or alcohol abuse, criminal history, and record concerning
appearances at court proceedings, except with respect to these factors, the
court shall not consider 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; and

���� (2)�� whether, at the time of
the current offense or arrest, the eligible defendant was on probation, parole,
or on other release pending trial, sentencing, appeal, or completion of
sentence for an offense under federal law, or the law of this or any other state;

���� d.��� The nature and
seriousness of the danger to any other person or the community that would be
posed by the eligible defendant's release, if applicable;

���� e.���� The nature and
seriousness of the risk of obstructing or attempting to obstruct the criminal
justice process that would be posed by the eligible defendant's release, if
applicable; and

���� f.���� The release
recommendation of the pretrial services program obtained using a risk
assessment instrument under section 11 of P.L.2014, c.31 (C.2A:162-25).
Pretrial services shall recommend no
release when a defendant has been charged with
the following offenses:

����
(1)
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
]

; and

����
(2)
subsections k., l., m., and n. of N.J.S.2C:39-9
.

(cf:
P.L.2022, c.43
, s.2)

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

STATEMENT

����
This bill requires Pretrial Services to recommend
pretrial detention when a defendant has been charged with Graves Act offenses
pertaining to firearms and offenses involving untraceable or undetectable
firearms, also known as �ghost guns.��

���� Under P.L.2014, c.31 (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. 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,
Pretrial Services is required to
recommend no release when a defendant has been charged with certain Graves Act
offenses involving the use or possession of a firearm.
P.L.1981, c.31,
also known as the �Graves Act,� sets forth mandatory minimum terms of
imprisonment for individuals convicted of certain crimes involving firearms.
The no release recommendation made by Pretrial Services serves as prima facie
evidence to overcome the presumption of release if the court finds probable
cause that the eligible defendant is charged with certain firearm crimes for
which a mandatory term of imprisonment is imposed under the Graves Act.�
However, some Graves Act offenses involving firearm possession are excluded
under current law from this mandatory recommendation.�

���� This bill requires Pretrial
Services to make a recommendation of no release for all Graves Act offenses.�
The additional offenses would include:�

�

possession
of any destructive device or defaced firearm;

�

possession
of a firearm with an unlawful purpose;

�

possession
of a firearm that is transferred among, between, or within an association of
two or more people, known as a �community gun�;

�

possession
of a firearm while committing certain offenses involving a controlled dangerous
substance or a crime of bias intimidation; or ����

�

unlawful
possession of handguns, rifles, or shotguns.

���� In addition, the bill requires
Pretrial Services to make a recommendation of no release for firearm offenses
involving untraceable or undetectable firearms, also known as �ghost guns.��
These offenses would include:�

�

purchasing
firearm parts to manufacture a firearm without a serial number;

�

manufacturing a
firearm with a three-dimensional printer;

�

manufacturing a
covert or undetectable firearm; or

�

transporting a
manufactured firearm without a serial number.