ASSEMBLY JUDICIARY COMMITTEE

STATEMENT TO

ASSEMBLY, No. 5427

STATE OF NEW JERSEY

DATED:  MAY 8, 2025

      The Assembly Judiciary Committee reports favorably Assembly Bill No. 5427.

      This bill eliminates the presumption of pretrial release for defendants charged with a sex offense, if the alleged victim of the offense is a minor. 

      Under P.L.2014, c.31, also known as the Criminal Justice Reform Law, criminal courts are authorized to order the pretrial release of a defendant pending further proceedings, or order pretrial detention of a defendant who is found to be a flight risk, a danger to another or the community, or likely to obstruct further criminal proceedings.  Currently, the Criminal Justice Reform Law establishes a presumption of pretrial release, except with respect to a defendant charged with: murder; a crime that would subject the defendant to an ordinary or extended term of life imprisonment; theft or unlawful taking of a motor vehicle, under certain circumstances; receiving stolen property where the property is a motor vehicle, under certain circumstances; or a crime under any statute of the United States, this State, or any other state that is substantially equivalent.

      Under the bill, the presumption of pretrial release also would not apply to a defendant charged with a sex offense, as defined under Megan’s Law pursuant to subsection b. of section 2 of P.L.1994, c.133 (C.2C:7-2), if the alleged victim is under 18 years of age.