New Jersey Criminal Bail Reform Proposed

Gov. Chris Christie rolled out details Tuesday on his plan for bail reform, saying communities could be kept safer if violent offenders were kept locked up until their trials.

He proposed an amendment to the state constitution so that judges when deciding bail can consider the danger a defendant poses. Currently, the main purpose of bail is to ensure the defendant shows up in court.

The Republican governor’s proposals borrow from federal law. New Jersey’s constitution currently gives defendants the right to bail except in some capital offense cases.

“Keeping our residents and communities safe is the paramount role of government,” said Christie, flanked by six county prosecutors and Attorney General Jeffrey S. Chiesa in a show of support for the changes at a news conference. “Revising our bail procedures and allowing judges to consider certain factors, such as the dangerousness of the offender to the community before being released back into society, is just a simple common sense reform that is long overdue in this state.”

“It will help protect the public; it will enable every county prosecutor to do what they need to do to keep their county safe,” said Monmouth County Prosecutor Peter E. Warshaw Jr., who was present at the news conference. “Without question, I can think of cases where we would have sought to hold someone without bail. Prosecutors will act wisely and with careful discretion to make that decision. It’s a necessary tool.”

Christie in his State of the State speech in January identified bail reform as one of his 2012 priorities. He said national statistics show that, in pretrial releases, about one-third of released defendants were charged with one or more types of pretrial misconduct.2012 priority

Christie in his State of the State speech in January identified bail reform as one of his 2012 priorities. He said national statistics show that, in pretrial releases, about one-third of released defendants were charged with one or more types of pretrial misconduct.

Since he began pushing bail reform, Christie said he hasn’t run into much opposition.

Alexander Shalom, policy counsel for the ACLU of New Jersey, agrees changes should be considered but only if packaged with a commitment to speedy trials.

Shalom also said judges denying bail must be sure the dangers posed by a defendant are real and the likelihood of conviction is almost certain. He also said the state should come up with a smarter plan than simply warehousing no-bail defendants in jail.

“The ACLU of New Jersey is pleased that the governor is reviewing our bail system, which is in dramatic need of reform,” said Shalom, adding, “There is nothing inherently problematic about aligning state court bail rules with the federal system’s rules.”

But because of the presumption of innocence, “we must ensure safeguards are in place,” Shalom said.

Democrats also said broader criminal justice fixes should be looked at.

“Bail reform is just one aspect of what can be done to tackle the increasing concerns about crime,” Assembly Speaker Sheila Oliver, D-Essex, said. “What New Jersey truly needs is a comprehensive anti-crime package that also takes into account proper rehabilitation for nonviolent drug offenders, a commitment to anti-recidivism programs, (and) an open-minded look at what state aid cuts have done to police staffing throughout our state and anti-poverty efforts.”

An NJ Press Media review of 9,484 inmates at the Monmouth County Jail from May 2010 through January 2012 found that 297, or 3.1 percent, were charged with a violent crime after being released. Those include homicide, aggravated assault, arson, sex crimes, kidnapping, robbery and violent behavior. A total of 1,451 of the 9,484 inmates, or 15.3 percent, had repeat visits to the jail, the review found.

Chiesa said making the changes is a no-brainer.

“ If you’re the victim of a crime, you shouldn’t have to worry about whether or not a person is given bail without consideration if they pose a danger to you or your community,” he said.

This proposed constitutional amendment needs to be advanced by lawmakers and then would need voter approval.

Overview of Bail in New Jersey:

Bail is required to be set within twelve hours of the issuance of a complaint. All defendants have a right to bail under our New Jersey constitution. If bail is posted, defendants are released until the charges set forth in the complaint are resolved. Defendants can be required to post funds or property to assure that they will appear in court in the future. Put differently, bail is a promise to appear.

They may be required to deposit funds or property in exchange for a promise to appear. If defendants have significant ties to the community, or no criminal history, they may be considered for a Release on Own Recognizance, or R.O.R. This is an affidavit certifying that they are aware of the case against them and will appear in court to face the charges. Defendants may also be required to give a personal bond, which is a promise to appear or face a judgment, whereby a specified amount of money is forfeited.

Alternatively, some defendants choose to pay a bail bondsman to post funds on their behalf. These defendants may be ordered to post a higher bail, or have no bail set. As a result, these individuals will remain in jail until the case is over. If they are released and appear in court as required, bail money may be refunded in full upon case resolution or disposition. Once defendants are released, bail is discharged to the surety.

Bail investigations may be ordered by a Superior Court Judge of the Criminal Division. Criminal Division bail investigators or case supervisors gather information on the defendant’s ties or standing in the community. Identifying information is collected, including the names, addresses dates of birth, employment, criminal record, mental health and drug abuse history.
These investigations are conducted by professionals working for the court. They investigate and report on a defendant’s amenability to bail or bail supervision. Bail investigation reports consider the seriousness of the offense and the severity of punishment upon conviction, as well as the defendant’s family ties and financial status.

All of these factors are considered in light of the probability that the defendant will appear for trial or other court events. Case supervisors or bail investigators report to the Judge, who hears evidence from the defense and prosecution and decides the amount and form of bail to be set, if any.

The Mollo Law Firm, criminal defense lawyers, has experience handling bail matters and all criminal offenses at throughout New Jersey, including charges of theft, drug possession, DWI, assault, shoplifting and all other criminal and traffic matters. If you have any questions please contact our office at (732) 747-1844 or e-mail Al Mollo directly at amollo@mollolawfirm.com. You may also visit our website at www.mollolawfirm.com. Thank you.

From app.com, 2/15/12

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