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The Bail Reform and Speedy Trial Act, enacted on Jan 1, has resulted in significant changes to the criminal justice system, according to news release from the Monmouth County Prosecutor’s Office.

The new law eliminates the cash bail system to a risk-assessment model based on a defendant’s danger to the community and risk of flight. It also gives defendants a right to a speedy trial, officials said. New Jersey is one of the first state’s in the nation to adopt the Bail Reform and Speedy Trial Act. 

This week, a state appeals court decision sided with public defenders’ argument that clients are entitled to view evidence the state has put forth against them.

“If the prosecutor is seeking pretrial detention, the prosecutor shall provide the defendant with all statements or reports in its possession relating to the pretrial detention application” the decision reads. “All exculpatory evidence must be disclosed.”

In Monmouth County where 302 arrests were made and 546 summonses issued, the Prosecutor’s Office filed 45 detention motions that sought pretrial detainment. But of those 45 cases, 36 had a pretrial risk assessment [PSA] recommendation to deny release and 21 defendants contested the motion for detention and sought pretrial release, according to officials.

Under the new law, contesting the motion gives defendants the right to a ‘detention review hearing’ within five days of arrest. Officials said that of the 21 defendants contesting the motion, 15 were detained by the Monmouth County Superior Court.

Of the 15 detained defendants, 13 had PSA recommendations of ‘release not recommended,” one had a PSA recommendation for home detention with electronic monitoring and a weekly reporting to the Pretrial Services Unit, and one had a recommendation of monthly reporting to the Pretrial Services Unit.

The Monmouth County Prosecutor’s Office withdrew two of its initial detention motions and released the defendants on bail conditions. Also, six defendants were released on pretrial conditions by the Court over the Prosecutor’s Office objections, officials said.

Monmouth County officials said they will release the new law’s statistics on a quarterly fashion moving forward, with the reports being issued April 1, July 1, October 1, and January 1.  

At this time, 18 detention hearings remain pending, two defendants have appealed detention decisions, four cases with detention motions were resolved via guilty pleas prior to a detention hearing, and three defendants who were released violated pretrial release conditions, officials said. In those three cases, the Prosecutor’s office asked for increased pretrial conditions.

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