TRENTON – Aiming to ensure courts have the time to fully consider all available evidence before making a pretrial release decision and protect the public from potential threats, the Senate Law and Public Safety Committee advanced legislation sponsored by Senator Troy Singleton that would permit the court to take the additional time necessary for a firearms ballistic analysis to be conducted and provided to the court before a pretrial release decision.

Firearms ballistic analyses can be critical to assessing the threat a defendant may pose to the public, and thus whether they should be subject to pretrial release or pretrial detainment. It can determine whether a firearm that was found on or with a defendant was used in the related crime, whether the firearm has been involved with previous crimes, if the firearm was obtained illegally, as well as other relevant factors.

“Decisions about pretrial release or detention should be conducted expeditiously, but with all the necessary information to properly protect the public from potential threats,” said Senator Singleton (D-Burlington). “The current 48 hour timeframe given to courts has proven to be insufficient to fully perform firearms ballistic analyses, especially for complex cases. By letting a full analysis take place before requiring the courts to make a decision our justice system will be more evidence-based and, ultimately, more effective for New Jerseyans.”

Current law requires a court to make a pretrial release decision for an eligible defendant no later than 48 hours after the defendant’s commitment to jail. The bill, S-3900, would permit a court to take additional time to make a pretrial release decision in cases involving a firearm. The additional time would be limited to such time as is reasonably necessary for a firearms ballistic analysis to be conducted and then provided to the court, and in no event exceed seven days.