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
Floor votes
How they voted
No floor votes recorded yet.
Full legislative history
Actions timeline
Total actions
1
Key actions
0
Committee
0
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
Erik Peterson
RRepublican
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