A 4835 — Permits pretrial detention for contempt violation of protective order issued under "Victim's Assistance and Survivor Protection Act."

A4835 1R [First Reprint] ASSEMBLY, No.

Assemblywoman Haider, Assemblyman Auth, Assemblywomen BagolieBagolie, Park, Reynolds-Jackson, Carter, Assemblymen Freiman and ParkWainstein         SYNOPSIS      Permits pretrial detention for contempt violation of protective order issued under "Victim's Assistance and Survivor Protection Act."   CURRENT VERSION OF TEXT      As introduced.reported by the Assembly Appropriations Committee on June 8, 2026, with amendments.

     c.   c.     A court shall hold a hearing to determine whether any amount of monetary bail or non-monetary conditions or combination of monetary bail and conditions, including those set forth under subsection b.

P.L.2022, c.43, s.1)      2. 12.   ThisSection actof shallP.L.2014, takec.31 effect(C.2A:162-18) immediately.is amended to read as follows:

    STATEMENT        This4. bill permits a prosecutor to file a motion for pretrial detention of an eligible defendant upon a contempt violation of an order entered under the “Victim’s Assistance and Survivor Protection Act” (VASPA).

    a. Under current law, a prosecutor is permitted to file a motion for pretrial detention under the Criminal Justice Reform Act (CJR) for a contempt violation of an order under the “Prevention of Domestic Violence Act of 1991,” (PDVA), N.J.S.A.2C:25-17 et seq.  Under the contempt statute, N.J.S.A.2C:29-9, a violation of an order under PDVA and VASPA are treated the same;

a(1) personThe iscourt guiltymay oforder, abefore crimetrial, of the fourthdetention degreeof ifan thateligible persondefendant purposelycharged orwith knowingly violates any provisioncrime[,] in an order entered under PDVA or VASPA,[any] when the conduct which constitutes the violation could also constitute a crime or a disorderly persons offense.  In all other cases, a person is guilty of a disorderly persons offense if[involving thatdomestic personviolence purposelyas ordefined knowinglyin violatessubsection ana. order entered under PDVA or VASPA.  However, N.J.S.A.2A:162-19 permits a prosecutor to make a motion for pretrial detention for a contempt violation under PDVA, but not VASPA.

     This bill expands N.J.S.A.2A:162-19 to permit a prosecutor to make a motion for pretrial detention for a violation of ansection order3 entered under the provisions of VASPA. P.L.1991, Ac.261 violation(C.2C:25-19),] ofenumerated thein contemptsubsection statutea. for VASPA is a crime of the fourth degree if the violation could also constitute a crime or offense;

otherwiseof itsection is5 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 disorderlyhearing personspursuant offense.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).1 (cf:

P.L.2014, c.31, s.4)        1[2.] 3.1  This act shall take effect immediately.