New Jersey-2022-S3588-Amended

An Act concerning pretrial services, amending P.L.2014, c.31 and N.J.S.2C:44-1, and supplementing Title 2A of the New Jersey Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 3 of P.L.2014, c.31 (C.2A:162-17) is amended to read as follows:

3. Except as otherwise provided under sections 4 and 5 of P.L.2014, c.31 (C.2A:162-18 and C.2A:162-19) concerning a hearing on pretrial detention, a court shall make, pursuant to this section, a pretrial release decision for an eligible defendant without unnecessary delay, but in no case later than 48 hours after the eligible defendant's commitment to jail.

a. The court shall order the pretrial release of the eligible defendant on personal recognizance or on the execution of an unsecured appearance bond when, after considering all the circumstances, the Pretrial Services Program's risk assessment and recommendations on conditions of release prepared pursuant to section 11 of P.L.2014, c.31 (C.2A:162-25), and any information that may be provided by a prosecutor or the eligible defendant, the court finds that the release would reasonably assure the eligible defendant's appearance in court when required, the protection of the safety of any other person or the community, and that the eligible defendant will not obstruct or attempt to obstruct the criminal justice process.

b. (1) If the court does not find, after consideration, that the release described in subsection a. of this section will reasonably assure the eligible defendant's appearance in court when required, the protection of the safety of any other person or the community, and that the eligible defendant will not obstruct or attempt to obstruct the criminal justice process, the court may order the pretrial release of the eligible defendant subject to the following:

(a) the eligible defendant shall not commit any offense during the period of release;

(b) the eligible defendant shall avoid all contact with an alleged victim of the crime;

(c) the eligible defendant shall avoid all contact with all witnesses who may testify concerning the offense that are named in the document authorizing the eligible defendant's release or in a subsequent court order; and

(d) any one or more non-monetary conditions as set forth in paragraph (2) of this subsection.

(2) The non-monetary condition or conditions of a pretrial release ordered by the court pursuant to this paragraph shall be the least restrictive condition, or combination of conditions, that the court determines will reasonably assure the eligible defendant's appearance in court when required, the protection of the safety of any other person or the community, and that the eligible defendant will not obstruct or attempt to obstruct the criminal justice process, which may include that the eligible defendant:

(a) remain in the custody of a designated person, who agrees to assume supervision and to report any violation of a release condition to the court, if the designated person is able to reasonably assure the court that the eligible defendant will appear in court when required, will not pose a danger to the safety of any other person or the community, and will not obstruct or attempt to obstruct the criminal justice process;

(b) maintain employment, or, if unemployed, actively seek employment;

(d) abide by specified restrictions on personal associations, place of abode, or travel;

(e) report on a regular basis to a designated law enforcement agency, or other agency, or pretrial services program;

(f) comply with a specified curfew;

(g) refrain from possessing a firearm, destructive device, or other dangerous weapon;

(h) refrain from excessive use of alcohol, or any unlawful use of a narcotic drug or other controlled substance without a prescription by a licensed medical practitioner;

(i) undergo available medical, psychological, [or] ¹or¹ psychiatric treatment, including treatment for drug or alcohol dependency, or a biopsychosocial assessment and participation in¹[treatment] an orientation which offers these treatments¹ and responsive services provided by, or coordinated through, an approved pretrial community support provider as part of the "Pretrial Partnership for Community Support and Services Pilot Program" established pursuant to P.L. , c. (C. )(Pending before the Legislature as this bill), and remain in a specified institution if required for that purpose;

(j) return to custody for specified hours following release for employment, schooling, or other limited purposes;

(k) be placed in a pretrial home supervision capacity with or without the use of an approved electronic monitoring device. The court may order the eligible defendant to pay all or a portion of the costs of the electronic monitoring, but the court may waive the payment for an eligible defendant who is indigent and who has demonstrated to the court an inability to pay all or a portion of the costs; or

(l) satisfy any other condition that is necessary to reasonably assure the eligible defendant's appearance in court when required, the protection of the safety of any other person or the community, and that the eligible defendant will not obstruct or attempt to obstruct the criminal justice process, which shall not include any prohibition or restriction concerning manufacturing, distributing, or dispensing, or possessing or having under control with intent to manufacture, distribute, or dispense, marijuana or hashish in violation of paragraph (12) of subsection b. of N.J.S.2C:35-5, or possession of marijuana or hashish in violation of paragraph (3) of subsection a. of N.J.S.2C:35-10.

c. (1) If the court does not find, after consideration, that the release described in subsection a. or b. of this section will reasonably assure the eligible defendant's appearance in court when required, the court may order the pretrial release of the eligible defendant on monetary bail, other than an unsecured appearance bond. The court may only impose monetary bail pursuant to this subsection to reasonably assure the eligible defendant's appearance. The court shall not impose the monetary bail to reasonably assure the protection of the safety of any other person or the community or that the eligible defendant will not obstruct or attempt to obstruct the criminal justice process, or for the purpose of preventing the release of the eligible defendant.

(2) If the eligible defendant is unable to post the monetary bail imposed by the court pursuant to this subsection, and for that reason remains detained in jail, the provisions of section 8 of P.L.2014, c.31 (C.2A:162-22) shall apply to the eligible defendant.

d. (1) If the court does not find, after consideration, that the release described in subsection a., b., or c. will reasonably assure the eligible defendant's appearance in court when required, the protection of the safety of any other person or the community, and that the eligible defendant will not obstruct or attempt to obstruct the criminal justice process, the court may order the pretrial release of the eligible defendant using a combination of non-monetary conditions as set forth in subsection b. of this section, and monetary bail as set forth in subsection c. of this section.

(2) If the eligible defendant is unable to post the monetary bail imposed by the court in combination with non-monetary conditions pursuant to this subsection, and for that reason remains detained in jail, the provisions of section 8 of P.L.2014, c.31 (C.2A:162-22) shall apply to the eligible defendant.

e. For purposes of the court's consideration for pretrial release described in this section, with respect to whether the particular method of release will reasonably assure that the eligible defendant will not obstruct or attempt to obstruct the criminal justice process, this reasonable assurance may be deemed to exist if the prosecutor does not provide the court with information relevant to the risk of whether the eligible defendant will obstruct or attempt to obstruct the criminal justice process.

(cf: P.L.2021, c.19, s.7)

2. Section 6 of P.L.2014, c.31 (C.2A:162-20) is amended to read as follows:

6. In determining in a pretrial detention hearing whether no amount of monetary bail, non-monetary conditions or combination of monetary bail and conditions would reasonably assure the eligible defendant's appearance in court when required, the protection of the safety of any other person or the community, or that the eligible defendant will not obstruct or attempt to obstruct the criminal justice process, the court may take into account information concerning:

a. The nature and circumstances of the offense charged;

b. The weight of the evidence against the eligible defendant, except that the court may consider the admissibility of any evidence sought to be excluded;

c. The history and characteristics of the eligible defendant, including:

(1) the eligible defendant's character, physical and mental condition, family ties, employment, financial resources, length of residence in the community, community ties, past conduct, history relating to drug or alcohol abuse, criminal history, and record concerning appearances at court proceedings, except with respect to these factors, the court shall not consider manufacturing, distributing, or dispensing, or possessing or having under control with intent to manufacture, distribute, or dispense, marijuana or hashish in violation of paragraph (12) of subsection b. of N.J.S.2C:35-5, or possession of marijuana or hashish in violation of paragraph (3) of subsection a. of N.J.S.2C:35-10; and

(2) whether, at the time of the current offense or arrest, the eligible defendant was on probation, parole, or on other release pending trial, sentencing, appeal, or completion of sentence for an offense under federal law, or the law of this or any other state;

d. The nature and seriousness of the danger to any other person or the community that would be posed by the eligible defendant's release, if applicable;

e. The nature and seriousness of the risk of obstructing or attempting to obstruct the criminal justice process that would be posed by the eligible defendant's release, if applicable; [and]

f. The release recommendation of the pretrial services program obtained using a risk assessment instrument under section 11 of P.L.2014, c.31 (C.2A:162-25). Pretrial services shall recommend no release when a defendant has been charged with any crime for which the eligible defendant would be subject to a mandatory term of imprisonment pursuant to subsection c. of N.J.S.2C:43-6 for a crime involving the use or possession of a firearm other than a violation of:

(1) subsection a. or d. of N.J.S.2C:39-3;

(2) paragraph (1) or (2) of subsection a. of N.J.S.2C:39-4;

(3) subsection a. of section 1 of P.L. 1998, c.26 (C.2C:39-4.1); or

(4) paragraph (1) of subsection b. or paragraph (1) or (2) of subsection c. of N.J.S.2C:39-5; and

g. Whether the defendant undergoes a biopsychosocial assessment and participates in treatment and responsive services provided by, or coordinated through, an approved pretrial community support provider as part of the "Pretrial Partnership for Community Support and Services Pilot Program" established pursuant to P.L. , c. (C. )(Pending before the Legislature as this bill).

(cf: P.L.2022, c.43, s.2)

3. Section 11 of P.L.2014, c.31 (C.2A:162-25) is amended to read as follows:

11. a. The Administrative Director of the Courts shall establish and maintain a Statewide Pretrial Services Program which shall provide pretrial services to effectuate the purposes of sections 1 through 11 of P.L.2014, c.31 (C.2A:162-15 et seq.).

b. The Pretrial Services Program shall, after an eligible defendant is temporarily detained pursuant to subsection a. of section 2 of P.L.2014, c.31 (C.2A:162-16) following the issuance of a complaint-warrant, conduct a risk assessment on that eligible defendant for the purpose of making recommendations to the court concerning an appropriate pretrial release decision, including whether the eligible defendant shall be: released on the eligible defendant's own personal recognizance or on execution of an unsecured appearance bond; released on a non-monetary condition or conditions as set forth under subsection b. of section 3 of P.L.2014, c.31 (C.2A:162-17); released on monetary bail, other than an unsecured appearance bond; released on a combination of monetary bail and non-monetary conditions set forth under section 3 of P.L.2014, c.31 (C.2A:162-17); [or] any other conditions necessary to effectuate the purposes of sections 1 through 11 of P.L.2014, c.31 (C.2A:162-15 et seq.); or released to an approved pretrial services provider for purposes of participating in the "Pretrial Partnership for Community Support and Services Pilot Program" established pursuant to P.L. , c. (C. )(Pending before the Legislature as this bill). The risk assessment shall be completed and presented to the court so that the court can, without unnecessary delay, but in no case later than 48 hours after the eligible defendant's commitment to jail, make a pretrial release decision on the eligible defendant pursuant to section 3 of P.L.2014, c.31 (C.2A:162-17).

c. The pretrial risk assessment shall be conducted using a risk assessment instrument approved by the Administrative Director of the Courts that meets the requirements of this subsection.

(1) (a) The approved risk assessment instrument shall be objective, standardized, and developed based on analysis of empirical data and risk factors relevant to the risk of failure to appear in court when required and the danger to the community while on pretrial release. The risk assessment instrument shall not be required to include factors specifically pertaining to the risk for obstructing or attempting to obstruct the criminal justice process.

(b) The approved risk assessment instrument shall not consider a charge, including any charge of delinquency, conviction, or adjudication of delinquency, or civil penalty if the act was an unlawful act and not a crime or offense, based on a violation of any of the following, as risk factors relevant to the risk of failure to appear in court when required and the danger to the community while on pretrial release: manufacturing, distributing, or dispensing, or possessing or having under control with intent to manufacture, distribute, or dispense, marijuana or hashish in violation of paragraph (11) of subsection b. of N.J.S.2C:35-5,or a lesser amount of marijuana or hashish in violation of paragraph (12) of subsection b. of that section; or a violation of either of those paragraphs and a violation of subsection a. of section 1 of P.L.1987, c.101 (C.2C:35-7) or subsection a. of section 1 of P.L.1997, c.327 (C.2C:35-7.1) for distributing, dispensing, or possessing with intent to distribute or dispense, on or within 1,000 feet of any school property, or on or within 500 feet of the real property comprising a public housing facility, public park, or public building; or obtaining, possessing, using, being under the influence of, or failing to make lawful disposition of marijuana or hashish in violation of paragraph (3) or (4) of subsection a., or subsection b., or subsection c. of N.J.S.2C:35-10; or a violation involving marijuana or hashish as described herein and a violation of N.J.S.2C:36-2 for using or possessing with intent to use drug paraphernalia with that marijuana or hashish.

(2) The approved risk assessment instrument shall gather demographic information about the eligible defendant including, but not limited to, race, ethnicity, gender, financial resources, and socio-economic status. Recommendations for pretrial release shall not be discriminatory based on race, ethnicity, gender, or socio-economic status.

d. In addition to the pretrial risk assessments made pursuant to this section, the Pretrial Services Program shall monitor appropriate eligible defendants released on conditions as ordered by the court.

(cf: P.L.2021, c.19, s.10)

4. N.J.S.2C:44-1 is amended to read as follows:

2C:44-1. a. In determining the appropriate sentence to be imposed on a person who has been convicted of an offense, the court shall consider the following aggravating circumstances:

(1) The nature and circumstances of the offense, and the role of the actor in committing the offense, including whether or not it was committed in an especially heinous, cruel, or depraved manner;

(2) The gravity and seriousness of harm inflicted on the victim, including whether or not the defendant knew or reasonably should have known that the victim of the offense was particularly vulnerable or incapable of resistance due to advanced age, ill-health, or extreme youth, or was for any other reason substantially incapable of exercising normal physical or mental power of resistance;

(3) The risk that the defendant will commit another offense;

(4) A lesser sentence will depreciate the seriousness of the defendant's offense because it involved a breach of the public trust under chapters 27 and 30 of this title, or the defendant took advantage of a position of trust or confidence to commit the offense;

(5) There is a substantial likelihood that the defendant is involved in organized criminal activity;

(6) The extent of the defendant's prior criminal record and the seriousness of the offenses of which the defendant has been convicted;

(7) The defendant committed the offense pursuant to an agreement to either pay or be paid for the commission of the offense and the pecuniary incentive was beyond that inherent in the offense itself;

(8) The defendant committed the offense against a police or other law enforcement officer, correctional employee or firefighter, acting in the performance of the officer, employee, or firefighter duties while in uniform or exhibiting evidence of his authority; the defendant committed the offense because of the status of the victim as a public servant; or the defendant committed the offense against a sports official, athletic coach or manager, acting in or immediately following the performance of the person's duties or because of the person's status as a sports official, coach or manager;

(9) The need for deterring the defendant and others from violating the law;

(10) The offense involved fraudulent or deceptive practices committed against any department or division of State government;

(11) The imposition of a fine, penalty, or order of restitution without also imposing a term of imprisonment would be perceived by the defendant or others merely as part of the cost of doing business, or as an acceptable contingent business or operating expense associated with the initial decision to resort to unlawful practices;

(12) The defendant committed the offense against a person who the defendant knew or should have known was 60 years of age or older, or disabled;

(13) The defendant, while in the course of committing or attempting to commit the crime, including the immediate flight therefrom, used or was in possession of a stolen motor vehicle;

(14) The offense involved an act of domestic violence, as that term is defined in subsection a. of section 3 of P.L.1991, c.261 (C.2C:25-19), committed in the presence of a child under 16 years of age; and

(15) The offense involved an act of domestic violence, as that term is defined in subsection a. of section 3 of P.L.1991, c.261 (C.2C:25-19) and the defendant committed at least one act of domestic violence on more than one occasion.

b. In determining the appropriate sentence to be imposed on a person who has been convicted of an offense, the court may properly consider the following mitigating circumstances:

(1) The defendant's conduct neither caused nor threatened serious harm;

(2) The defendant did not contemplate that the defendant's conduct would cause or threaten serious harm;

(3) The defendant acted under a strong provocation;

(4) There were substantial grounds tending to excuse or justify the defendant's conduct, though failing to establish a defense;

(5) The victim of the defendant's conduct induced or facilitated its commission;

(6) The defendant has compensated or will compensate the victim of the defendant's conduct for the damage or injury that the victim sustained, or will participate in a program of community service;

(7) The defendant has no history of prior delinquency or criminal activity or has led a law-abiding life for a substantial period of time before the commission of the present offense;

(8) The defendant's conduct was the result of circumstances unlikely to recur;

(9) The character and attitude of the defendant indicate that the defendant is unlikely to commit another offense;

(10) The defendant is particularly likely to respond affirmatively to probationary treatment;

(11) The imprisonment of the defendant would entail excessive hardship to the defendant or the defendant's dependents;

(12) The willingness of the defendant to cooperate with law enforcement authorities;

(13) The conduct of a youthful defendant was substantially influenced by another person more mature than the defendant; [and]

(14) The defendant was under 26 years of age at the time of the commission of the offense; and

(15) For a defendant participating in the Pretrial Partnership for Community Support and Services Pilot Program established pursuant to P.L. , c. (pending before the Legislature as this bill), whether the defendant successfully completed the program and complied with the conditions of pretrial release established by the court and the approved pretrial services provider, as defined pursuant to section 4 of P.L. , c. (C. )(pending before the Legislature as this bill).

c. (1) A plea of guilty by a defendant or failure to so plead shall not be considered in withholding or imposing a sentence of imprisonment.

(2) When imposing a sentence of imprisonment the court shall consider the defendant's eligibility for release under the law governing parole, including time credits awarded pursuant to Title 30 of the Revised Statutes, in determining the appropriate term of imprisonment.

d. Presumption of imprisonment. The court shall deal with a person who has been convicted of a crime of the first or second degree, or a crime of the third degree where the court finds that the aggravating factor in paragraph (5), (14), or (15) of subsection a. of this section applies, by imposing a sentence of imprisonment unless, having regard to the character and condition of the defendant, it is of the opinion that the defendant's imprisonment would be a serious injustice which overrides the need to deter such conduct by others. Notwithstanding the provisions of subsection e. of this section, the court shall deal with a person who has been convicted of theft of a motor vehicle or of the unlawful taking of a motor vehicle and who has previously been convicted of either offense by imposing a sentence of imprisonment unless, having regard to the character and condition of the defendant, it is of the opinion that imprisonment would be a serious injustice which overrides the need to deter such conduct by others.

e. The court shall deal with a person convicted of an offense other than a crime of the first or second degree, who has not previously been convicted of an offense, without imposing a sentence of imprisonment unless, having regard to the nature and circumstances of the offense and the history, character, and condition of the defendant, it is of the opinion that imprisonment is necessary for the protection of the public under the criteria set forth in subsection a. of this section, except that this subsection shall not apply if the court finds that the aggravating factor in paragraph (5), (14) or (15) of subsection a. of this section applies or if the person is convicted of any of the following crimes of the third degree: theft of a motor vehicle; unlawful taking of a motor vehicle; eluding; strict liability vehicular homicide pursuant to section 1 of P.L.2017, c.165 (C.2C:11-5.3); if the person is convicted of a crime of the third degree constituting use of a false government document in violation of subsection c. of section 1 of P.L.1983, c.565 (C.2C:21-2.1); if the person is convicted of a crime of the third degree constituting distribution, manufacture or possession of an item containing personal identifying information in violation of subsection b. of section 6 of P.L.2003, c.184 (C.2C:21-17.3); if the person is convicted of a crime of the third or fourth degree constituting bias intimidation in violation of N.J.S.2C:16-1; if the person is convicted of a crime of the third degree under paragraph (12) of subsection b. of N.J.S.2C:12-1 or section 2 of P.L.1997, c.111 (C.2C:12-1.1); or if the person is convicted of a crime of the third or fourth degree under the provisions of section 1 or 2 of P.L.2007, c.341 (C.2C:33-29 or C.2C:33-30).

f. Presumptive Sentences. (1) Except for the crime of murder, unless the preponderance of aggravating or mitigating factors, as set forth in subsections a. and b. of this section, weighs in favor of a higher or lower term within the limits provided in N.J.S.2C:43-6, when a court determines that a sentence of imprisonment is warranted, it shall impose sentence as follows:

(a) To a term of 20 years for aggravated manslaughter or kidnapping pursuant to paragraph (1) of subsection c. of N.J.S.2C:13-1 when the offense constitutes a crime of the first degree;

(b) Except as provided in subparagraph (a) of this paragraph to a term of 15 years for a crime of the first degree;

(d) To a term of four years for a crime of the third degree; and

(e) To a term of nine months for a crime of the fourth degree.

In imposing a minimum term pursuant to subsection b. of N.J.S.2C:43-6, the sentencing court shall specifically place on the record the aggravating factors set forth in this section which justify the imposition of a minimum term.

Unless the preponderance of mitigating factors set forth in subsection b. weighs in favor of a lower term within the limits authorized, sentences imposed pursuant to paragraph (1) of subsection a. of N.J.S.2C:43-7 shall have a presumptive term of life imprisonment. Unless the preponderance of aggravating and mitigating factors set forth in subsections a. and b. of this section weighs in favor of a higher or lower term within the limits authorized, sentences imposed pursuant to paragraph (2) of subsection a. of N.J.S.2C:43-7 shall have a presumptive term of 50 years' imprisonment; sentences imposed pursuant to paragraph (3) of subsection a. of N.J.S.2C:43-7 shall have a presumptive term of 15 years' imprisonment; and sentences imposed pursuant to paragraph (4) of subsection a. of N.J.S.2C:43-7 shall have a presumptive term of seven years' imprisonment.

In imposing a minimum term pursuant to subsection b. of N.J.S.2C:43-7, the sentencing court shall specifically place on the record the aggravating factors set forth in this section which justify the imposition of a minimum term.

(2) In cases of convictions for crimes of the first or second degree where the court is clearly convinced that the mitigating factors substantially outweigh the aggravating factors and where the interest of justice demands, the court may sentence the defendant to a term appropriate to a crime of one degree lower than that of the crime for which the defendant was convicted. If the court does impose sentence pursuant to this paragraph, or if the court imposes a noncustodial or probationary sentence upon conviction for a crime of the first or second degree, the sentence shall not become final for 10 days in order to permit the appeal of the sentence by the prosecution.

g. Imposition of Noncustodial Sentences in Certain Cases. If the court, in considering the aggravating factors set forth in subsection a. of this section, finds the aggravating factor in paragraph (2), (5), (10), or (12) of subsection a. of this section and does not impose a custodial sentence, the court shall specifically place on the record the mitigating factors which justify the imposition of a noncustodial sentence.

h. Except as provided in section 2 of P.L.1993, c.123 (C.2C:43-11), the presumption of imprisonment as provided in subsection d. of this section shall not preclude the admission of a person to the Intensive Supervision Program, established pursuant to the Rules Governing the Courts of the State of New Jersey.

(cf: P.L.2020, c.110, s.1)

5. (New section) a. There is hereby established a one-year pilot program which shall be known as the "Pretrial Partnership for Community Support and Services Pilot Program" in Monmouth and Union Counties which shall provide and coordinate a biopsychosocial assessment, as well as appropriate case management, treatment, and other services for eligible defendant's on pretrial release to improve court appearance rates and enhance short-term and long-term public safety. The pilot program shall not accept new eligible defendants to participate in the program following the conclusion of its one-year duration, but may continue to offer services to any participating eligible defendant whose pretrial release period continues beyond the one-year duration of the program, notwithstanding the general conclusion thereof.

b. The Pretrial Partnership for Community Support and Services Commission shall approve a pretrial community support provider in accordance with section 9 of P.L. , c. (C. )(pending before the Legislature as this bill). At the conclusion of the pilot program, the Pretrial Partnership for Community Support and Services Commission shall prepare and submit to the Governor, the Administrative Office of the Courts, and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), the Legislature, a report and program data, as prepared and provided by an approved pretrial community support provider. The report shall include recommendations on whether to continue the pretrial pilot program, expand the program, or change the program, and what legislative, administrative, and judicial actions are necessary to effectuate the recommendations.

6. (New section) As used in this act:

"Approved pretrial community support provider" or "approved organization" means an organization approved by the "Pretrial Partnership for Community Support and Services Commission" pursuant to section 7 of P.L. , c. (C. )(pending before the Legislature as this bill) to establish and operate a comprehensive mental health, social needs, and substance use disorder treatment assessment, service program, and case management center for eligible defendants in each of Monmouth and Union Counties.

"Biopsychosocial assessment" means an assessment conducted by an approved pretrial community support provider, which evaluates biological, psychological, social, and any other relevant factors which may have contributed to the eligible defendant's alleged criminal conduct and which may be addressed during the period of pretrial release in order to meet the objectives of the pretrial pilot program.

"Commission" means the "Pretrial Partnership for Community Support and Services Commission" established pursuant to section 7 of P.L. , c. (C. )(pending before the Legislature as this bill).

"Eligible defendant" means a person who is arrested for a crime or offense in Monmouth or Union counties for whom the court, in accordance with section 3 of P.L.2014, c.31 (C.2A:162-17) and section 6 of P.L.2014, c.31 (C.2A:162-20), grants pretrial release conditioned on monitoring by pretrial services. "Eligible defendant" may also mean a defendant who would qualify under the risk assessment to be released on the defendant's own personal recognizance or on execution of an unsecured appearance bond, but who voluntarily agrees, upon petition to the court, to participate in the pretrial pilot program.

"Pretrial pilot program" means the Pretrial Partnership for Community Support and Services Pilot Program.

7. (New section) a. Notwithstanding any provisions of sections 4 and 5 of P.L.2014, c.31 (C.2A:162-18 and C.2A:162-19) to the contrary, and following the Pretrial Services Program's risk assessment and recommendations on conditions of release, the court may release an eligible defendant, after the eligible defendant is temporarily detained pursuant to subsection a. of section 2 of P.L.2014, c.31 (C.2A:162-16), following the issuance of a complaint-warrant, with a condition requiring completion of a biopsychosocial assessment and participation in responsive services provided by or coordinated through an approved pretrial community support provider as part of the pretrial pilot program established pursuant to P.L. , c. (Pending before the Legislature as this bill).

b. An eligible defendant may voluntarily request to participate in the pretrial pilot program established pursuant to P.L. , c. (C. )(Pending before the Legislature as this bill) upon petition to the court prior to a pretrial release decision pursuant to section 3 of P.L.2014, c.31 (C.2A:162-17). An eligible defendant voluntarily participating in the pretrial pilot program shall be subject to a condition of release requiring completion of a biopsychosocial assessment and participation in responsive services provided by or coordinated through an approved pretrial community support provider.

c. Successful participation by an eligible defendant with the approved pretrial community support provider shall be given due consideration by the prosecutor in making charging decisions and sentencing recommendations, and by courts in determining an appropriate sentence, as is set forth in subsection b. of section 11 of P.L.2014, c.31 (C.2A:162-25).

8. (New section) a. The approved pretrial community support provider shall conduct a biopsychosocial assessment of each eligible defendant required to undergo a biopsychosocial assessment pursuant to section 7 of P.L. , c. (C. )(pending before the Legislature as this bill) and shall be responsible for developing and implementing an individualized pretrial plan for each eligible defendant admitted to the pretrial pilot program.

b. The approved pretrial services provider shall establish a comprehensive assessment procedure that each eligible defendant shall be required to complete. The assessment shall include, but need not be limited to:

(1) a screening for substance use disorders;

(2) medical, mental health, and behavioral health assessments including an evaluation of the eligible defendant's medical needs; and

(3) an evaluation of the eligible defendant's employment readiness, capacity for independence, and ability to manage the eligible defendant's personal affairs.

c. The individualized pretrial plan shall include, but not be limited to, recommendations for community-based services prior to the eligible defendant's trial. One or more licensed professionals employed by the approved pretrial community support provider shall determine the medical, psychiatric, psychological, educational, vocational, substance abuse, and social rehabilitative services or needs that shall be incorporated into an eligible defendant's plan. Each plan shall be recorded by the approved pretrial community support provider and submitted to the court and the Pretrial Services Program.

d. The approved pretrial community support provider shall provide and coordinate services and treatment as deemed appropriated based upon the results of the eligible defendant's biopsychosocial assessment and pursuant to the responsive care plan.

¹[e. The approved pretrial community support provider shall submit to the court and Pretrial Services Program no later than every 120 days, a progress report on the eligible defendant required to participate in the pretrial pilot program as a condition of pretrial release, and appear or otherwise provide further information, as requested by the court, at hearings regarding the defendant.

f. The approved pretrial community support provider shall notify pretrial services if:

(1) a defendant required to participate in the pretrial pilot program as a condition of their release has failed to attend scheduled program-related appointments and has not been in contract with the approved pretrial community support provider for 30 days or longer; or

(2) the approved pretrial community support provider has reason to believe that a defendant required to participate in the pretrial pilot program as a condition of their release has had contact with an alleged victim, is in possession of a firearm, has committed a crime against a person, or for such other reason as the court, upon releasing the defendant, shall determine to pose a risk of danger to others or the community.

g. The court shall provide notice to the approved pretrial community support provider of all hearings pertaining to a defendant participating in the pretrial pilot program.]¹

9. (New section) a. There is hereby established a commission known as the Pretrial Partnership for Community Support and Services Commission. The commission shall consist of five members to be appointed as follows: one member who is appointed by the Governor based upon the recommendation of the Senate President; one member who is appointed by the Governor based upon the recommendation of the Speaker of the General Assembly; one member appointed by the Governor; and two public members with experience in the provision of assistance and services to defendants prior to, during, or after a period of incarceration, to be appointed by Governor. The commission shall organize no later than 30 days after the appointment of its members to begin identifying and approving a pretrial community support provider in Monmouth and Union Counties.

b. No later than 90 days after organizing, the commission shall approve an organization to act as an approved pretrial community support provider. An approved pretrial community support provider shall provide and coordinate biopsychosocial assessment, case management, and responsive treatment and services for eligible defendants. An approved organization shall be qualified to meet the unique needs of eligible defendants through the provision of services, either by itself or by referral to other services that may include, but are not limited to,:

(1) cognitive behavioral therapy;

(2) life skills and anger management;

(3) opportunities for mentorship and fellowship through partnerships with community organizations;

(4) support services to coordinate care between medication assisted treatment, behavioral health, and psychiatric and medical care providers; and

(5) legal services which include, but shall not be limited to:

(a) obtaining vital records;

(b) assistance with required court filings and processes; and

The approved pretrial community support provider shall be a non-profit or for-profit organization that has provided, for a period of at least two years prior to the initial implementation of the "Pretrial Partnership for Community Support and Services Pilot Program" pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill), comprehensive reentry services within this State for inmates released from prisons or jails, including medical, social, legal, and other support services that are similar to the services available for eligible defendants on pretrial release participating in the pretrial pilot program.

c. At the conclusion of the pilot program, the Commission shall prepare and submit to the Governor, Administrative Office of the Courts, and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), the Legislature, a report and program data, as prepared and provided by an approved pretrial community support provider. The Commission's report shall include recommendations on whether to continue the pilot program, expand the program, or change the program, and what legislative, administrative, or judicial actions are necessary to effectuate the recommendations.

d. The "Pretrial Partnership for Community Support and Services Commission" shall be in, but not of, the Department of Community Affairs.

10. (New section) The Administrative Office of the Courts may adopt guidance as necessary to effectuate the provisions of this act, but a failure by the office to adopt such guidance shall not delay the implementation of the pretrial pilot program.

11. No money shall be appropriated by the State to an approved pretrial community support provider to effectuate the purposes of the "Pretrial Partnership for Community Support and Services Pilot Program."

12. This act shall take effect immediately.