ASSEMBLY JUDICIARY COMMITTEE

STATEMENT TO

ASSEMBLY, No. 6168

with committee amendments

STATE OF NEW JERSEY

DATED: JANUARY 5, 2026

      The Assembly Judiciary Committee reports favorably and with committee amendments Assembly Bill No. 6168.

      As amended, this bill allows a prosecutor to seek pretrial detention of a defendant charged with any new crime while already on pretrial release for a crime of the first or second degree or any offense involving domestic violence, and provides for a presumption of pretrial detention of those repeat offenders.

      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.  Pretrial detention may be ordered if a defendant is found to be a flight risk, a danger to another person or the community, or likely to obstruct further criminal proceedings.  A prosecutor may file a motion with the court seeking pretrial detention when a defendant is charged with certain violent crimes.  Under current law, when a motion for pretrial detention is filed, there is a presumption of pretrial detention if the defendant is charged with murder or any crime subject to an ordinary or extended term of life imprisonment.

      As amended, the bill provides that a prosecutor may file a motion for pretrial detention when a defendant, while already on pretrial release for a crime of the first or second degree or a crime or offense involving domestic violence, is charged with a new crime.  The bill also provides that the presumption of pretrial detention would apply when such a motion is filed by the prosecutor concerning such defendants.

COMMITTEE AMENDMENTS:

      The committee amended the bill to:

- Provide that the prosecutor may file a motion for pretrial detention when a defendant is currently on pretrial release for any crime of the first or second degree or any offense involving domestic violence and commits a subsequent crime;

- Provide that the presumption of pretrial detention will apply when a defendant is currently on pretrial release for any crime of the first or second degree or any offense involving domestic violence and commits a subsequent crime;

- Remove the provisions concerning recommendations of no release by the Pretrial Services Program; and

- Update the bill synopsis to read: “Provides for presumption of pretrial detention of certain repeat offenders charged with first or second crime or crime of domestic violence.”