1. NJ Judiciary Criminal Justice Reform Presentation for NJSBA Trustees October 14, 2016

2. Introduction This presentation will:
Provide a brief introduction to a risk-based form of pretrial release.
Provide an overview of the Public Safety Assessment (PSA) and Decision Making Framework (DMF), the tools that Pretrial Services will use to measure and manage the risks that pretrial defendants present if released back into the community.
Review the law’s requirements regarding pretrial detention hearings.
Show current and proposed screens in eCourts to support the new processes in municipal and superior courts.
December 9, 2018

3. Risk-Based System of Pretrial Release
Two primary systems of pretrial release:
Resource-Based – release or detention is based on the defendant’s financial resources regardless of risk. (This is New Jersey’s current system of pretrial release.)
Risk-Based – release or detention is based on the risk posed regardless of the defendant’s financial resources. (This is the system that New Jersey will be moving to on January 1, 2017.)
December 9, 2018

4. Risk-Based System of Pretrial Release
A Risk-Based System of Pretrial Release is achieved by measuring and managing pretrial risk.
Measure Risk
Employ objective and research-based risk assessment to identify the risk to public safety and failure to appear in court (Public Safety Assessment)
Manage Risk
Preventive detention (Constitutional Amendment)
Implement supervision and services to mitigate the risk of pretrial failure for released defendants (Pretrial Services)
Pretrial recommendations based on the results of the risk assessment while considering the seriousness of the offense (Decision-Making Framework)
December 9, 2018

5. Risk-Based System of Pretrial Release
Public Safety Assessment (PSA)– Measures Risk
Separately predicts failure to appear, new criminal
activity, and new violent criminal activity
Decision Making Framework (DMF) – Manages Risk
Identifies a proposed release/detention recommendation designed to manage risk in the most effective manner
December 9, 2018

6. Public Safety Assessment (PSA) – Risk Factors
1. Age at current arrest
2. Current violent offense
2a. Current violent offense & 20 years old or younger
3. Pending charge at the time of the offense
4. Prior disorderly persons convictions
5. Prior indictable convictions (degrees 1 to 4)
5a. Prior conviction
6. Prior violent conviction
7. Prior failure to appear pretrial in past two years
8. Prior failure to appear pretrial older than two years
9. Prior sentence to incarceration
December 9, 2018

7. Weights (maximum of 7 points)
10/29/2015
PSA Weights & Scales
PSA – Weighting
Weights (points) assigned to each risk factor based on the strength of the relationship between the risk factor and the type of pretrial failure – FTA, NCA, NVCA
PSA – FTA Scale Weights
Risk Factor: FTA
Weights (maximum of 7 points)
Pending charge(s) at the time of the new offense
No = 0
Yes = 1
Prior conviction
Prior pretrial FTA in past two years
0 = 0
1 = 2
2 or more = 4
Prior pretrial FTA older than two years
FTA Total Weight
FTA Scale 1 2 3 4 5 6 7 7
CONFIDENTIAL - DO NOT DISTRIBUTE OUTSIDE OF THE NEW JERSEY COURTS

8. Weights (maximum of 13 points)
10/29/2015
PSA Weights & Scales
PSA - NCA Scale Weights
Risk Factor: NCA
Weights (maximum of 13 points)
Age at current arrest
22 or younger = 2
23 or older = 0
Pending charge(s) at the time of the new offense
No = 0
Yes = 3
Prior disorderly persons conviction
Yes = 1
Prior indictable conviction
Prior violent conviction
0 = 0
1 or 2 = 1
3 or more = 2
Prior pretrial FTA in past two years
1 = 1
2 or more = 2
Prior sentence to incarceration
Yes = 2
NCA Total Weight
NCA Scale 1 2 3 4 5 6 7 8
9-13 8
CONFIDENTIAL - DO NOT DISTRIBUTE OUTSIDE OF THE NEW JERSEY COURTS

9. Weights (maximum of 7 points)
10/29/2015
PSA Weights & Scales
PSA-NVCA Flag Weights
Risk Factor: NVCA
Weights (maximum of 7 points)
Current violent offense
No = 0
Yes = 2
Current violent offense and defendant is 20 years old or younger
Yes = 1
Pending charge(s) at the time of the new offense
Prior conviction
Prior violent conviction
0 = 0
1 or 2 = 1
3 or more = 2
NVCA Total Weight
NVCA Flag No 1 2 3 4
Yes 5 6 7 9
CONFIDENTIAL - DO NOT DISTRIBUTE OUTSIDE OF THE NEW JERSEY COURTS

10. Decision Making Framework
Decision Making Framework (“DMF”)
Tool used by Pretrial Services to make release recommendation
Intended to manage the risk that is identified by the PSA
DMF Instructions:
Step 1 – Complete the PSA to generate the FTA scale, NCA scale and NCVA flag
Step 2 – Determine if any of the circumstances or charges would generally require recommendation of preventative detention regardless of the PSA results
If no – continue to Step 3
If yes – “Release Not Recommended” and if released “Release with Maximum Conditions” is recommended
December 9, 2018

11. Decision Making Framework
DMF Instructions (cont.)
Current charge
- Escape (N.J.S.A. 2C:29-5.a)
- Murder, aggravated manslaughter, manslaughter (N.J.S.A.
2C:11-3, 11-4)
- Aggravated sexual assault, sexual assault (N.J.S.A. 2C:14-2a,
b, c.1)
- 1st Degree Robbery or carjacking (N.J.S.A. 2C:15-1, 15-2)
PSA resulted in an NVCA flag & one of the current offenses is violent
Step 3 – Apply the FTA and NCA scales to the DMF Matrix to determine risk level and preliminary recommendation
December 9, 2018

12. Decision Making Framework
DMF Matrix
December 9, 2018

13. Decision Making Framework
DMF Instructions – Step 4
Determine if current charge is No Early Release Act (NERA) not included in Step 2 or if the current charge includes an FTA for a NERA charge
If no, the preliminary recommendation identified in Step 3 is the final recommendation
If yes, increase the preliminary recommendation as shown below:
Release ROR = Release with PML 1
Release with PML 1 = Release with PML 2
Release with PML 2 = Release with PML 3
Release with PML 3 = Release with PML 3+ EM or HD
Release with PML 3+ EM or HD = Release not recommended
December 9, 2018

14. Decision Making Framework – Recommendation to Court
DMF – Risk Level Distribution
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15. Decision Making Framework – Recommendation to Court
Monitoring Level and Contacts by Risk Color
December 9, 2018

16. Pretrial Detention - Hearing
Before detention can occur:
The court must hold a hearing on the motion. N.J.S.A. 2A:162-19(c).
At the hearing the eligible defendant has the: right to counsel, right to testify, right to present witnesses, right to cross-examine witnesses who appear, and present information by proffer or otherwise. Rules of evidence for criminal trials don't apply. N.J.S.A. 2A:162-19(e)1.
3. If the detention motion is made pretrial, the prosecutor must establish probable cause that the eligible defendant committed the predicate offense.
NOTE: This hearing will be before a Superior Court judge.
December 9, 2018

17. Crimes Eligible for Detention:
1st or 2nd degree No Early Release Act (NERA) cases. N.J.S.A. 2A:162-19a(1).
any crime carrying an ordinary or extended term of life imprisonment. N.J.S.A. 2A:162-19a(2).
any crime if the defendant has been convicted 2 or more times under 1 or 2. N.J.S.A. 2A:162-19a(3).
any crime enumerated under paragraph 2 of subsection b of P.L. 1994, c.133 (Megan’s Law offenses), or any crime involving human trafficking when victim is a minor, or endangering under N.J.S.A. 2C:24-4. N.J.S.A. 2A:162-19a(4).
any Graves Act crime. N.J.S.A. 2A:162-19a(3).
December 9, 2018

18. Crimes Eligible for Detention – Cont.
any crime or offense involving domestic violence as defined in N.J.S.A. 2C: N.J.S.A. 2A:162-19a(6).
7. any other crime for which the prosecutor believes there is a serious risk that the eligible defendant:
(a) will not appear in court as required;
(b) will pose a danger to another or the community;
(c) will obstruct or attempt to obstruct justice, or threaten, injure, intimidate, or attempt to threaten, injure or intimidate, a prospective witness or juror. N.J.S.A. 2A:162-19a(7).
December 9, 2018

19. Detention Hearing – Cont.
An eligible defendant may appeal a detention order. It must be heard in an expedited manner. The defendant can be held pending disposition of the appeal. N.J.S.A. 2A:162-18c.
If the court doesn't order detention, the court is required to order release pursuant to the hierarchy provisions of the bail law. N.J.S.A. 2A:162-18d.
December 9, 2018

20. Pretrial Detention - Standard of Proof
Except where the defendant does not rebut a presumption for detention, the court must find by clear and convincing evidence that 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 won’t obstruct or attempt to obstruct the criminal justice process. N.J.S.A. 2A:162-19e(3).
December 9, 2018

21. Detention Order A Detention Order must:
Include written findings of fact and a written statement of reasons for detention. N.J.S.A. 2A:162-21a(1).
AND
2. Direct that the defendant be afforded a reasonable opportunity for private consultation with counsel. N.J.S.A. 2A:162-21a(2).
December 9, 2018

22. Criminal Division Pretrial Services Staff
Risk Assessment Alert Appears on eCourts Criminal Work List
Criminal Division Pretrial Services Staff
Risk Assessment appears on the eCourts Work List for Pretrial Services Staff to run the Risk Assessment tool
Time Remaining column will alert staff when the 48 hour timeframe to make a decision is in jeopardy of being exceeded
December 9, 2018

23. Risk Assessment Prepared – Automated Tool
Criminal Division Pretrial Services Staff
December 9, 2018

24. Public Defender Eligibility - 5A Interview
December 9, 2018

25. Judicial Decision Tab Judge
Judge reviews the proposed order containing the recommendations
Judge can either approve or modify the order
December 9, 2018

26. Speedy Trial - Time Standards
There are three different Speedy Trial time standards:
1. Pre-Indictment days not including excludable time.
Post-Indictment days not including excludable time.
Overall years not counting excludable time attributable to the defendant and the prosecutor is not ready to proceed to trial.
December 9, 2018

27. Speedy Trial - Open Case List
December 9, 2018

28. Speedy Trial - Open Case List
December 9, 2018

29. Case Jacket – Case Detail Section
December 9, 2018

30. NJ CCIS Generic Interface July 28, 2011
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