M-550-20

M-550-20 In the Matter of the Request to Release Certain Pretrial Detainees (085186)

Through this application, the Court considers a request by the Office of the Public Defender and the American Civil Liberties Union of New Jersey that seeks relief relating to the impact of the COVID-19 pandemic and the suspension of in-person criminal jury trials on defendants who have been detained pretrial. Specifically, the applicants seek: (1) the release of all defendants detained for six months or longer whose most serious charge is a second-degree offense or lower, with an opportunity for the State to object in individual cases and seek to justify continued detention under an enhanced burden of proof; and (2) new detention hearings for all defendants detained for six months or longer who are charged with a first-degree offense and entitled to a presumption of release.

• Order to Show Cause Filed : Dec. 16, 2020
• Argued: Jan. 20, 2021
• Decided: Feb. 11, 2021