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NJ A2576
Bill
Status
1/9/2024
Primary Sponsor
Erik Peterson
Click for details
AI Summary
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Expands the rebuttable presumption of pretrial detention to include defendants charged with crimes carrying mandatory prison terms under the "Graves Act" (firearms offenses) or the No Early Release Act (NERA, 85% mandatory minimum sentences)
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Adds defendants charged with crimes subject to a presumption of imprisonment to those who face a rebuttable presumption of pretrial detention
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Currently, rebuttable presumption of pretrial detention only applies to defendants charged with murder or crimes carrying ordinary or extended life imprisonment terms
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Prosecutors must still file a motion for pretrial detention, and defendants can rebut the presumption by preponderance of the evidence
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If the defendant successfully rebuts the presumption, the prosecutor retains the opportunity to establish other grounds for pretrial detention
Legislative Description
Establishes rebuttable presumption of pretrial detention for defendants subject to mandatory term or presumption of imprisonment.
Judiciary
Last Action
Introduced, Referred to Assembly Judiciary Committee
1/9/2024