Concerns pretrail and post-trial considerations for certain crimes involving operation of vehicles, including rebuttable presumption for pretrial detention, pretial recommendation of no release from detention, suspension or revocation of license, and vehicle forfeiture.*
What changed between versions
New Section 4 amends C.2A:162-18 to establish the court's authority to order pretrial detention before trial, limits consideration of monetary bail to appearance-in-court purposes only, creates a rebuttable presumption in favor of release (except for enumerated crimes), and grants defendants the right to appeal detention orders on an expedited basis.
The bill title and synopsis were broadened from simply establishing a pretrial detention presumption for vehicular offenses to covering 'pretrial and post-trial considerations for certain crimes involving operation of vehicles, including rebuttable presumption for pretrial detention, pretrial recommendation of no release from detention, suspension or revocation of license, and vehicle forfeiture.'
New Section 6 amends C.2A:162-20 to require pretrial services to recommend NO RELEASE when a defendant is charged with knowingly leaving the scene of an accident resulting in death (C.2C:11-5.1), knowingly leaving the scene of a boating accident resulting in death graded as second degree (C.2C:11-5.2), or any crime carrying mandatory imprisonment for firearm use or possession (with specific exceptions for certain gun offenses).
The presumption of pretrial detention under C.2A:162-19 subsection b(3) was changed from applying when the defendant committed reckless vehicular homicide under 'subparagraphs (1) and (3)' to 'paragraph (1) or (3),' meaning the presumption now applies if either element is met rather than requiring both.
Section 3 (amending C.2A:162-17) changed the language from 'crimes established pursuant to paragraphs' to 'a crime set forth under paragraph' and removed the specific reference to 'section 5 of' before citing P.L.2014, c.31.
Section 1 (amending N.J.S.2C:11-5 subsection f) changed 'subparagraphs (1) and (3)' to 'paragraphs (1) and (3),' a technical correction aligning the language with the statute's actual structure.
