How S 4575 changes current law

Concerns consideration of factors by court at hearing for pretrial detention or violation of condition of pretrial release. · New Jersey

How this bill changes current law

3 changes

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This bill amends 3 section(s) of the New Jersey statutes: N.J.S.A. 2A:162-20; N.J.S.A. 2A:162-24; N.J.S.A. 2A:162-25.

  • N.J.S.A. 2A:162-20

    g. Pretrial services shall recommend no release of a defendant who has been extradited to this State from another jurisdiction if the court finds that, at the time of the extradition, the defendant was located in the other jurisdiction in order to avoid prosecution for a crime committed in this State or service of a criminal sentence imposed by a court of this State.

    amended

  • N.J.S.A. 2A:162-24

    Upon , or may not violation or no → Except as otherwise provided in this section, upon : (1) shall revoke the eligible defendant's release and order that the eligible defendant be detained pending trial: (1) for a period of not less than 30 days for a first violation; (2) for a period of not less than 60 days for a second violation; (3) for a period of not less than 120 days for a third violation; (4) pending the final disposition of the matter for a fourth violation; and (2) shall ,

    amended

  • N.J.S.A. 2A:162-25

    Under the approved risk assessment, a defendant's lack of significant ties to the State shall weigh in favor of pretrial detention. In evaluating whether a defendant has significant ties to the State, the Pretrial Services Program shall consider: i. the location of the defendant's family; ii. the length of time the defendant at any time was physically present in the State and the duration of any absence; iii. the location of the defendant's property; and iv. the extent to which the defendant has ties to the State such as voting registration, State or local tax return filing, vehicle registration, driver's license, social relationships, and receipt of services. The approved risk assessment instrument shall consider any prior charge, including any charge of delinquency, conviction, or adjudication of delinquency, or civil penalty. However, the e. The Pretrial Services Program shall compile its findings and issue an annual report to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature summarizing, for each case following a pretrial detention hearing, whether the defendant was detained or released pending trial and whether the court's decision to detain or release the defendant is in accordance with or contrary to the recommendation of the Pretrial Services Program. The report shall not include the personal identifying information of any defendant.

    amended

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