New Jersey S 1035: Establishes rebuttable presumption of pretrial detention of defendants charged with certain crimes that indicate potential flight risk.

Bill Text

S1035 

SENATE, No. 1035 

STATE OF NEW JERSEY

222nd LEGISLATURE

� 

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Senator JON M. BRAMNICK

District 21 (Middlesex, Morris, Somerset and Union)

SYNOPSIS

���� Establishes rebuttable presumption of pretrial 
detention of defendants charged with certain crimes that indicate potential 
flight risk.

CURRENT VERSION OF TEXT 

���� Introduced Pending Technical Review by Legislative 
Counsel.

�� 

An Act concerning pretrial detention of certain 
defendants and amending P.L.2014, c.31. 

���� Be It 
Enacted by the Senate and General Assembly of 
the State of New Jersey:

���� 1.��� Section 4 of P.L.2014, 
c.31 (C.2A:162-18) is amended to read as follows:

���� 4.� a.� (1)� The court may 
order, before trial, the detention of an eligible defendant charged with any 
crime, or any offense involving domestic violence as defined in subsection a. 
of section 3 of P.L.1991, c.261 (C.2C:25-19), enumerated in subsection a. of 
section 5 of P.L.2014, c.31 (C.2A:162-19), if the prosecutor seeks the pretrial 
detention of the eligible defendant under section 5 of P.L.2014, c.31 
(C.2A:162-19) and after a hearing pursuant to� that section the court finds 
clear and convincing evidence that no amount of monetary bail, non-monetary 
conditions of pretrial 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, 
and that the eligible defendant will not obstruct or attempt to obstruct the 
criminal justice process.� The court may also order the pretrial detention of 
an eligible defendant when the prosecutor moves for a pretrial detention hearing 
and the eligible defendant fails to rebut a presumption of pretrial detention 
that may be established for the crimes enumerated under subsection b. of 
section 5 of P.L.2014, c.31 (C.2A:162-19).

���� (2)�� For purposes of ordering 
the pretrial detention of an eligible defendant pursuant to this section and 
section 5 of P.L.2014, c.31 (C.2A:162-19) or pursuant to section 10 of 
P.L.2014, c.31 (C.2A:162-24), when determining whether no amount of monetary 
bail, non-monetary conditions 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, the court may consider the amount of monetary bail 
only with respect to whether it will, by itself or in combination with 
non-monetary conditions, reasonably assure the eligible defendant's appearance 
in court when required.

���� b.��� Regarding the pretrial 
detention hearing moved for by the prosecutor, except for when an eligible 
defendant is charged with a crime set forth under [paragraph (1) or (2) of] subsection b. 
of section 5 of P.L.2014, c.31 (C.2A:162-19), there shall be a rebuttable 
presumption that some amount of monetary bail, non-monetary conditions of 
pretrial 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, and that the 
eligible defendant will not obstruct or attempt to obstruct the criminal 
justice process. 

���� c.���� An eligible defendant 
may appeal an order of pretrial detention pursuant to the Rules of Court.� The 
appeal shall be heard in an expedited manner.� The eligible defendant shall be 
detained pending the disposition of the appeal.

���� d.��� If the court does not 
order the pretrial detention of an eligible defendant at the conclusion of the 
pretrial detention hearing under this section and section 5 of P.L.2014, c.31 
(C.2A:162-19), the court shall order the release of the eligible defendant pursuant 
to section 3 of P.L.2014, c.31 (C.2A:162-17).

(cf: P.L.2014, c.31, s.4) 

���� 2.��� Section 5 of P.L.2014, 
c.31 (C.2A:162-19) is amended to read as follows:

���� 5.� a.� A prosecutor may file 
a motion with the court at any time, including any time before or after an 
eligible defendant's release pursuant to section 3 of P.L.2014, c.31 
(C.2A:162-17), seeking the pretrial detention of an eligible defendant for:

���� (1)� any crime of the first or 
second degree enumerated under subsection d. of section 2 of P.L.1997, c.117 
(C.2C:43-7.2);

���� (2)� any crime for which the 
eligible defendant would be subject to an ordinary or extended term of life 
imprisonment;

���� (3)� any crime if the eligible 
defendant has been convicted of two or more offenses under paragraph (1) or (2) 
of this subsection;

���� (4)� any crime enumerated 
under paragraph (2) of subsection b. of section 2 of P.L.1994, c.133 (C.2C:7-2) 
or crime involving human trafficking pursuant to section 1 of P.L.2005, c.77