Automatic “no release” for weapons, repeat offenses
TRENTON, N.J. (May 25, 2017) The state Supreme Court has approved changes to new bail reform protocols that had resulted in too many high risk defendants being released without bail.
The changes, which were announced last Thursday, May 25, are in response to a request from the New Jersey Administrative Office of the Courts. They had also been called for by the state Attorney General and by prosecutors in several counties as a way of keeping defendants charged with weapons offenses and repeat offenders in jail, and not on the streets.
“Based on a review of empirical data and the legitimate concerns raised by various segments of the criminal justice community, we concluded that it was necessary to change how the system treats defendants arrested for certain types of offenses,” Judge Glenn A. Grant, acting administrative director of the courts, said Thursday in a statement. “We are pleased that the Supreme Court has acted on our recommendation and we will continue to monitor Criminal Justice Reform data to determine if further revisions are needed.”
The court has changed the risk-assessment protocols by which special bail review officers decide whether bail must be posted. The decision is to be based on risk to the public, but since the bail reform standards approved by New Jersey voters were implemented Jan. 1, many defendants who have placed the public at risk have been released ROR, or on their own recognizance, with no bail required.
The revised protocols, court insiders say, should result in detention orders being issued by Superior Court judges more often than they have been in the first five months of the program.
The reforms implemented at the first of the year fundamentally changed the rules for requiring bail. Under the old rules factors included the nature of the crime a defendant is accused of, their risk of flight, and financial assets that might help them flee. The new standards rely strictly on risk to the public. Each defendant is investigated for risk, and may be released without bail under fairly liberal terms.
The reforms were supposed to avoid defendants sitting in jail for lengthy period of time solely because they couldn’t afford bail. In addition to more lenient bail requirements, the new standards include strict timelines for moving cases, including a speedy trial, for defendants were are being held in jail.
But critics including law enforcement professionals say the new rules resulted in many dangerous offenders being released.
Under the new protocols issued by the court, the state now can keep certain defendants in jail without bail for up to two years. The new system also provides for conditions of release that are non-financial for any newly arrested defendant who is neither a danger to the community or at risk of flight. The new system has made it unusual for new defendants to be held on bail, which was formerly standard procedure.
Decisions are made based on a Public Safety Assessment (PSA), a scoring system that assesses the risk of a defendant committing additional crimes, whether or not the defendant is likely to appear in court, and the possibility of witness tampering if the defendant is free and not in jail. The PSA assessment is performed by a unit called Pretrial Services.
Several defendants with multiple arrests or gun charges were recommended for release by Pretrial Services, bringing criticism to bear on the reforms. There have also been several high-profile gun crime arrests when prosecutors did not file detention motions. As a result, state Attorney General Christopher S. Porrino issued a directive last week that directed prosecutors to apply for pretrial detention for all firearms defendants.
Porrino also directed prosecutors to apply for pretrial detention for all defendants arrested for second-degree eluding police, while also creating a risk of death or injury.
Due to the difficulty of obtaining a detention order when Pretrial Services has recommended release, the Supreme Court approved the proposal of the Administrative Office of the Courts that directs Pretrial Services to issue a “no release” recommendation for any defendant charged with serious firearms offenses.
Likewise, under the changes the court announced, repeat offenders — those who have been arrested at least three times under the old system — will now automatically be given a “no release” recommendation.
