Pandemic Relief: The Supreme Court Provides Guidance for Pretrial Release

It has been over a year since criminal jury trials were suspended. During that time, defendants have been held without bail awaiting trial. In February 2021, the New Jersey Supreme Court acknowledged that the COVID-19 pandemic is a “change in circumstances” allowing defendants to revisit their detention status.

On February 11, 2021, in “In the Matter of the Request to Release Certain Pretrial Detainees”, the New Jersey Supreme Court rendered a decision that permits some pretrial detainees to reopen their detention hearings and be released. This case is significant because, with criminal jury trials suspended due to the COVID-19 pandemic, almost all persons in pretrial detention face extended and indefinite jail detention until their case is resolved.

As a result of the Court’s ruling, those detained for at least six months and not subject to a presumption of detention have the best opportunity to have their detention hearing reopened.

Under the Criminal Justice Reform Act (“CJRA”), persons not convicted of a crime may be subject to pretrial confinement until their charges are resolved. The suspension of jury trials has led to the indefinite incarceration of persons charged, but not convicted of any crime. This raises the significant issue of whether detainees are being denied their constitutional rights to Due Process and Speedy Trial.

Impacts of the NJ Supreme Court Decision

The Court’s decision provides a path for relief from indefinite pretrial detention for some, but not all, persons in pretrial detention. Individual defendants can apply to reopen detention hearings if they can present information that was not known at the time of an initial detention hearing and has a material bearing on the release decision.

The Supreme Court held that the unexpected duration of the pandemic coupled with the continued suspension of jury trials, with no clear end date for either, constitutes “new information” within the meaning of the CJRA.

Materiality presents a separate issue that depends on a pretrial detainee’s individual circumstances. To assess whether delays caused by the pandemic are material to the level of risk a defendant poses, the Court gave guidance to trial judges by providing the following factors to consider in release determinations:

• The length of a defendant’s detention to date and the projected length of ongoing detention;
• Whether a defendant has been or will be in detention longer than the likely amount of time they would actually spend in jail if convicted;
• The existence and nature of a plea offer;
• A defendant’s particularized health risks, if any, and whether they present a heightened risk to contract COVID-19, and;
• Other factors relevant to pretrial detention as provided by law.

Defendants who have been detained for at least six months, and can make a preliminary showing that they are entitled to relief based on one or more of the factors have the right to reopen their detention hearing. Reopened hearings are to be conducted on an expedited basis in the trial court and adverse decisions may be appealed. Defendants subject to a presumption of detention under the statute, such as those charged with murder or facing a sentence of life imprisonment, will likely not be eligible for new hearings.

This case is significant because it recognizes that the COVID-19 pandemic is a basis to reopen a detention hearing. With that finding, many pretrial detainees can reopen their detention hearing in the trial court and be placed on pretrial release while they defend their case.

Contact Us for Help

If you or someone you know has questions about detention motions, pretrial release, or criminal charges in New Jersey, contact the attorneys at Rosenberg | Perry & Associates. We provide free consultations and are here to help. We’ve got your back. That’s what we do.