Permits pretrial detention for contempt violation of protective order issued under "Victim's Assistance and Survivor Protection Act."
What changed between versions
The bill shifted from amending C.2A:162-19 (pretrial detention motions for specific contempt violations) to amending C.2A:162-18 (the general pretrial detention framework), making it a much broader structural change to how pretrial detention works in New Jersey.
The original bill's purpose statement described a narrow expansion allowing prosecutors to seek pretrial detention for VASPA contempt violations. The reprinted version removes that statement entirely, reflecting the broader scope of the amended text.
New section 4(a)(1) establishes that a court may order pretrial detention only after a hearing where the prosecutor presents clear and convincing evidence that no amount of bail or conditions would assure appearance, community safety, or non-obstruction. It also allows detention when a defendant fails to rebut a presumption for certain enumerated crimes.
New section 4(b) creates a rebuttable presumption that some amount of bail or conditions WOULD reasonably assure appearance, safety, and non-obstruction, except for the most serious enumerated crimes under subsection b. of section 5.
New section 4(d) requires that if the court does not order pretrial detention at the conclusion of the hearing, it must order release pursuant to section 3 of the Criminal Justice Reform Act.
New section 4(a)(2) clarifies that monetary bail may only be considered as it relates to assuring the defendant's appearance in court, not as a factor for community safety or non-obstruction determinations.
New section 4(c) grants an eligible defendant the right to appeal a pretrial detention order, with the appeal heard in an expedited manner while the defendant remains detained pending disposition.
Co-sponsors Reynolds-Jackson, Carter, Freiman, and Wainstein were added, and the effective date section was renumbered from Section 2 to Section 3 due to the addition of new sections.
