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NJ A2576

Bill

Status

Introduced

1/9/2024

Primary Sponsor

Erik Peterson

Click for details

Origin

General Assembly

2024-2025 Regular Session

AI Summary

  • 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)

  • Adds defendants charged with crimes subject to a presumption of imprisonment to those who face a rebuttable presumption of pretrial detention

  • Currently, rebuttable presumption of pretrial detention only applies to defendants charged with murder or crimes carrying ordinary or extended life imprisonment terms

  • Prosecutors must still file a motion for pretrial detention, and defendants can rebut the presumption by preponderance of the evidence

  • 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

Committee Referrals

Judiciary1/9/2024

Full Bill Text

No bill text available