S2404

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 10 of P.L.2014, c.31 (C.2A:162-24) is amended to read as follows:

10. a. Upon motion of a prosecutor, when an eligible defendant is released from custody before trial pursuant to section 3 or 8 of P.L.2014, c.31 (C.2A:162-17 or C.2A:162-22), the court, upon a finding that the eligible defendant while on release has violated a restraining order or condition of release, or upon a finding of probable cause to believe that the eligible defendant has committed a new crime while on release, may not revoke the eligible defendant's release and order that the eligible defendant be detained pending trial unless the court, after considering all relevant circumstances including but not limited to the nature and seriousness of the violation or criminal act committed, finds clear and convincing evidence that no monetary bail, non-monetary conditions of release 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.

b. A court shall not revoke an eligible defendant's release and order that the eligible defendant be detained pending trial based on 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. Upon revoking an eligible defendant’s release, the court may, in lieu of ordering detention, permit an eligible defendant who voluntarily agrees, to enter, participate and complete drug, alcohol, or mental health treatment at an approved program or facility. If the court permits the eligible defendant to enter treatment as set forth in this subsection, the court shall require the approved program or facility to provide participation reports to the court. The eligible defendant shall agree to provide the approved program or facility with any release or authorization necessary to comply with the court’s reporting requirements.

(cf: P.L.2021, c.19, s.9)

2. This act shall take effect immediately.

STATEMENT

Currently, under N.J.S.A.2A:162-24, upon a motion of the prosecutor, a court can revoke the release of an eligible defendant who is released from custody pending trial upon a finding that the defendant, while on release, violated a restraining order or condition of release, or upon a finding of probable cause to believe that the eligible defendant has committed a new crime while on release. The court may not revoke the release unless the court finds by clear and convincing evidence that no monetary bail, non-monetary conditions of release 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.

This bill provides that the court may, after a finding for detention, permit an eligible defendant whose pretrial release has been revoked to voluntarily agree to enter, participate and complete drug, alcohol, or mental health treatment at an approved program or facility. The bill further requires that, if the court permits the eligible defendant to enter treatment under these circumstances, the court require the approved program or facility to provide participation reports to the court, and the eligible defendant agree to provide the approved program or facility with any release or authorization necessary to comply with the court’s reporting requirements.

It is ordinarily within the discretion of the court to require, as a non-monetary condition of pretrial release, that an eligible defendant take a specific action, including undergoing available medical, psychological, or psychiatric treatment, including treatment for drug or alcohol dependency. In this instance an eligible defendant whose pretrial release has been revoked would voluntarily agree to participate in treatment in lieu of detention and provide the court with necessary documentation of compliance with the order.

This bill complies with Recommendation #24 of the New Jersey Supreme Court Reconvened Joint Committee on Criminal Justice Reform.