Senator Kevin O'Toole

February 15, 2012   

Contact: Jeremy Rosen / (609) 847-3600
Senator Kevin J. O'Toole

Senator Kevin O’Toole (R-40) urges the Legislature to pass a constitutional amendment with Gov. Chris Christie’s proposed common-sense bail reform. New Jersey lawmakers should, as Gov. Christie pushed Tuesday, establish pretrial detention at a judge’s discretion, consistent with a 28-year-old federal law.

“Repeat violent offenders in our state are free to terrorize crime victims, witnesses and communities while the judicial process plays out,” said O’Toole, a member of the Senate Judiciary Committee. “I look forward to working my colleagues in both houses to establish pretrial detention procedures that mirror federal laws and keep our citizens safe.”

Pretrial detention can be implemented in our state with a constitutional amendment modifying the right to bail. At least 13 other states have constitutional clauses or statutes allowing pretrial detainment under some circumstances. Texas, for example, has a constitutional provision allowing its judges to deny bail to defendants who have prior convictions.

The federal Bail Reform Act of 1984 permits federal courts to hold detention hearings in cases involving an alleged violent crime; a crime carrying a penalty of life imprisonment or death; a federal drug offense carrying a penalty of at least ten years; or any felony following multiple convictions of the aforementioned offenses. This Act, upheld by the Supreme Court, requires judges to heavily weigh a defendant’s criminal history in detention-bail decisions in order to protect communities and ensure defendants show up in court.

“This overdue reform will keep the most-dangerous people behind bars, off our streets and in compliance with the justice system. As legislators, our priority should be to keep our residents safe, and these reforms will ensure we do that,” O’Toole concluded.

Senator Kevin O’Toole (R-40) urges the Legislature to pass a constitutional amendment with Gov. Chris Christie’s proposed common-sense bail reform. New Jersey lawmakers should, as Gov. Christie pushed Tuesday, establish pretrial detention at a judge’s discretion, consistent with a 28-year-old federal law. “Repeat violent offenders in [...]