New Jersey Criminal Defense Attorney Blog Covering New Jersey and Federal Criminal Law and Procedure

Articles Posted in Criminal Justice Reform

Bail Reform went into effect in New Jersey almost two years ago.  Its stated goals included, among other things, a reduction in jail populations.  At the heart of this issue was the implementation of a screening tool known as a Public Safety Assessment, or “PSA”, which is prepared by Pre-Trial Services.  The PSA is basically a scoresheet that evaluates each defendant to determine what, if any, terms of pre-trial release should be imposed by the Court, or if the defendant should be remanded to a county jail.  The PSA is used on a State-wide basis.  In other words, it is used in all counties for all defendants in the Superior Court.

I have always believed that the PSA is problematic because of its “one-size-fits-all” approach to the State’s defendant population.  I also believe that this concern is supported by the fact that the algorithm underlying the PSA does not account for all individual variations that may exist between and among all defendants.  Given that we have now had some experience with bail reform and the PSA, this may be a good time to take a hard look at the new pre-trial release procedures to see how well they work within the larger context of our State’s criminal justice system.

We can all agree that every jurisdiction wants to reduce its jail population.  Toward that end, New Jersey has not been the only state to adopt some sort of bail reform.  States all over the country are doing the same thing for the same reasons.  This is not surprising given the national experience over the last several decades.  We know that inmate populations have been rising nationally for decades.  In 1970, daily local jail populations were at about 157,000 inmates.  By 2015, that number exceeded 700,000.  Close to 11,000,000 people are  admitted into jails annually in this country.  Given these staggering numbers, coupled with the costs associated with building and maintaining jails as well as the societal costs stemming from incarceration, we need to constantly ask if enough is being done to reduce our jail populations to the lowest possible levels. Continue reading

We recently passed the first anniversary of criminal justice reform in New Jersey.  As discussed regularly on this blog, these far-reaching changes to criminal practice and procedure in the State affect the handling of all criminal cases in the Superior Court.  The primary areas that these changes impact upon are bail reform and the speed with which criminal cases progress through the system.

As discussed in previous posts, the new procedures assume those charged with criminal offenses will not be incarcerated pending trial or other case disposition.  Prosecutors can, however, seek to detain a defendant while their case is pending before the court.  This is accomplished by means of a detention motion filed by the State, which is followed by a detention hearing.  After considering, among other things the arguments of counsel and the Public Safety Assessment (the “PSA” – a sort of score sheet that rates the defendant for risk of failure to appear in court in the future and likelihood of committing new offenses), the court decides whether to release the defendant with or without conditions, require the posting of a bail, or detain the defendant without bail.  The defendant can appeal an adverse detention decision.

SN was charged with sex offenses.  The PSA gave him the lowest possible scores for risk of committing additional offenses and risk of failure to appear, but still recommended detention regardless of the low scores.  The State sought pretrial detention, arguing that there was a serious risk that defendant would fail to appear in court, that he was a danger to the community, that he would intimidate the victim, her mother and other witnesses to obstruct justice, and that he was a flight risk because he had relatives living in another country. Continue reading