A 2576 New Jersey General Assembly · 2024-2025 Regular Session

Establishes rebuttable presumption of pretrial detention for defendants subject to mandatory term or presumption of imprisonment.

This bill establishes a rebuttable presumption that defendants charged with specific serious crimes must remain in jail before trial, unless they prove otherwise. It directly affects individuals facing charges that carry mandatory prison terms (like certain firearms offenses under the Graves Act or 85% mandatory minimums under NERA), life imprisonment, or crimes with a presumption of imprisonment (such as murder, domestic violence, or human trafficking involving minors). If prosecutors file a motion for pretrial detention based on these charges, the court must detain the defendant unless they provide evidence meeting the "preponderance of the evidence" standard to overcome the presumption. The bill expands existing law, which previously only covered murder or life sentence crimes, to include additional offenses under New Jersey's sentencing statutes.
Bill status in committee 1 of 4 stages cleared
Introduction
Jan 2024
Committee Review
Floor Vote
Governor
Introduced Jan 9, 2024 Last action Jan 9, 2024
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Jan 9, 2024
Introduced
Introduced in the Assembly, Referred to Assembly Judiciary Committee
lower
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Erik Peterson
Erik Peterson
RRepublican
NJ
23