A 6168 New Jersey General Assembly · 2024-2025 Regular Session

Provides for presumption of pretrial detention of certain repeat offenders charged with first or second degree crime or crime of domestic violence.*

This bill requires Pretrial Services to recommend pretrial detention for repeat offenders charged with violent crimes who have prior convictions for two or more qualifying offenses, such as murder, life imprisonment crimes, or specific violent offenses. It creates a rebuttable presumption that such defendants must be detained without bail if they committed murder or a crime punishable by life imprisonment, unless the defendant can prove release with conditions would be safe. The bill mandates that courts hold a detention hearing within three working days of a prosecutor's motion, giving defendants the right to legal counsel and to present evidence challenging detention. This policy change directly affects repeat violent offenders in New Jersey and streamlines the pretrial detention process for these cases.
Sub-Topics: Domestic Violence
Bill status in committee 1 of 4 stages cleared
Introduction
Dec 2025
Committee Review
Floor Vote
Governor
Introduced Dec 8, 2025 Last action Jan 5, 2026
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What changed between versions

Introduced Version → Reprint AJU 1/5/26 1R · 6 edits
MODERATE
The Assembly Judiciary Committee substantially reworked this bill, shifting it from requiring Pretrial Services to recommend no-release for certain repeat violent offenders to creating a direct legal presumption of pretrial detention for a broader group of defendants. The revised version adds domestic violence crimes as a covered category and introduces a new provision targeting defendants who commit any crime while already on pretrial release for a first or second degree offense or domestic violence charge. The Pretrial Services recommendation mechanism and the related amendment to C.2A:162-20 were deleted entirely.
SCOPE

The bill's core mechanism changed from requiring Pretrial Services to recommend no-release (an administrative process) to establishing a direct rebuttable presumption of pretrial detention by the court (a legal standard). This makes detention more likely because it shifts the burden to the defendant to prove release is appropriate.

Section 2, which amended C.2A:162-20 (the statute governing Pretrial Services recommendations), was deleted in its entirety. This removes the bill's connection to the administrative pretrial services framework.

ELIGIBILITY

Domestic violence crimes (as defined in C.2C:25-19) are now explicitly included as a covered offense category throughout the bill, alongside first and second degree crimes. This broadens the population subject to the presumption of detention.

A new subsection a(8) adds as an eligible defendant anyone who commits a crime while on pretrial release for a pending first or second degree charge or domestic violence charge. A corresponding new subsection b(3) creates a presumption of detention if the court finds probable cause that the defendant is currently on pretrial release for such offenses and subsequently commits any crime.

REQUIREMENT

Subsection h, which allowed a Pretrial Services 'no release' recommendation to serve as prima facie evidence to overcome the presumption of release, was deleted. The entire mechanism tying the bill to the Pretrial Services Program's risk assessment process was removed.

DEFINITION

The synopsis was rewritten from 'Requires Pretrial Services to recommend pretrial detention of certain repeat offenders charged with violent crime' to 'Provides for presumption of pretrial detention of certain repeat offenders charged with first or second degree crime or crime of domestic violence,' reflecting the fundamental shift in approach.

Floor votes

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Full legislative history

Actions timeline

Total actions
2
Key actions
0
Committee
1
Jan 5, 2026
Committee
Reported out of Assembly Committee with Amendments and Referred to Assembly Appropriations Committee
lower
Dec 8, 2025
Introduced
Introduced in the Assembly, Referred to Assembly Judiciary Committee
lower
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Bill Spearman
Bill Spearman
DDemocratic
NJ
5