Capitol Comments

Assemblyman Alex Sauickie

Something extraordinary happened in Trenton in 2014. A large, bipartisan coalition of lawmakers in a Legislature controlled by Democrats – working in the summer, no less – came together with Republican then-Governor Chris Christie and representatives of the state judiciary to devise and enact a monumental change in criminal law. This included a major amendment to the state constitution, which can only be done by the voters. The amendment was overwhelmingly approved by a vote of 62% to 38% after glowing editorial endorsements and little opposition.

The new law, commonly known as “bail reform,” was born of consensus and bipartisanship. But today, many are having second thoughts, at least about how some crimes should be handled.

The new law essentially ended the right to get out of jail before trial by posting cash bail. Instead, a system was created whereby arrested suspects are assessed on how likely they are to show up for their trials, to pose a threat to public safety, or to obstruct the criminal justice system. Based on the assessment, a recommendation is made to the judge on whether to hold or release the suspect.

The law requires the assessment to be done using a “risk assessment instrument.” New Jersey uses the Public Safety Assessment developed by the Laura and John Arnold Foundation, according to the state judiciary’s website. Stay tuned for a twist on this.

“Bail reform” is working extraordinarily