Eliminates presumption of pretrial release for defendants charged with repeat home invasion offenses.

S3842

SENATE, No. 3842

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED MARCH 10, 2026

Sponsored by:

Senator� ANTHONY M. BUCCO

District 25 (Morris and Passaic)

SYNOPSIS

���� Eliminates presumption of pretrial release for
defendants charged with repeat home invasion offenses.

CURRENT VERSION OF TEXT

���� As introduced.

��

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.103 (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.���� 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
:

����
(1)
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
; or

����
(2)�� home invasion
burglary or burglary of a residence if, on one or more prior and separate
occasions, the defendant was arrested for or convicted of home invasion
burglary pursuant to section 1 of P.L.2024, c.83 (C.2C:18-2.1); residential
burglary pursuant to section 2 of P.L.2024, c.83 (C.2C:18-2.2); burglary of a
residential dwelling pursuant to N.J.S.2C:18-2; 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 paragraph
.

���� 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).

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

STATEMENT

���� This bill eliminates the
presumption of pretrial release for certain defendants who are charged with the
crime of home invasion or burglary.� Specifically, the presumption of pretrial
release would not apply to a defendant who was previously convicted, on one or
more prior and separate occasions, of home invasion or burglary of a
residence.�

���� Under P.L.2014, c.31, also
known as the Criminal Justice Reform Law, criminal courts are authorized to
order: the pretrial release of a defendant pending further proceedings; or the
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. Currently, the Criminal Justice Reform Law establishes a
presumption for some form of pretrial release, except with respect to an
eligible defendant charged with: murder; a crime for which the eligible
defendant would be subject to an ordinary or extended term of life
imprisonment; the 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.

���� Under the bill, the
presumption of pretrial release also would not apply to an eligible defendant
charged with home invasion or burglary of a residence if the defendant was
previously convicted of these crimes on one or more prior and separate
occasions.