New Jersey v. S.N.

This appeal sought the proper standard for appellate review of pretrial detention decisions under the Criminal Justice Reform Act (CJRA), N.J.S.A. 2A:162-15 to -26. In a complaint-warrant, the State charged defendant S.N. with first-degree aggravated sexual assault on a person under the age of thirteen; fourth-degree lewdness; and second-degree child endangerment. Following defendant’s arrest, a pretrial services officer prepared a Public Safety Assessment (PSA) that rated defendant a 1 out of 6, the lowest possible risk score, for both failure to appear and new criminal activity. Despite the low risk scores, the PSA concluded “No Release Recommended.” The State then moved for pretrial detention. The prosecution certified that there was a “serious risk” that “defendant will not appear in court,” and “defendant will pose a danger to any other person or the community.” The certification stated, “[d]efendant’s victim is his step-daughter. Defendant is a risk to harm and intimidate his victim and her mother and to obstruct justice by interfering with the investigation and witnesses. Defendant is a risk of flight because his biological mother and sister live in Canada.” The trial court found that the State had established probable cause that defendant committed the charged offenses. The court specifically found that defendant was eligible for detention under the statute. The court gave “great weight to [the No Early Release Act]NERA, the fact that this is a NERA offense and first degree, the dual citizenship, due to the extensi[ve] exposure of incarceration if convicted, the fact that release was not recommended, and the fact that this is considered a violent offense.” The Appellate Division reversed and released defendant with conditions, finding the trial court abused its discretion by not considering defendant’s age, level of prior criminal involvement and ties to the community.” The Appellate Division required as part of defendant’s release that “defendant must report to pretrial detention as frequently as necessary to determine his compliance with restraining orders prohibiting him from having any contact with the victim or her family . . . . [and] must surrender his passport.” The Supreme Court agreed that the trial court abused its discretion, finding that the trial court’s decision rested on an “impermissible basis,” “fail[ed] to take into consideration all relevant factors,” including defendant’s characteristics as he stood before the court, and “reflects a clear error in judgment.” The next appropriate procedural step was to remand the matter to the trial court to determine the suitable conditions of release: Remand is required because the trial court has the opportunity at a detention hearing to “hear and see witnesses” and gain a “'feel’ of the case which a reviewing court cannot enjoy.” View "New Jersey v. S.N." on Justia Law