Facing criminal charges in New Jersey can be a daunting experience. One of the first and most important steps in the process is the determination of whether you will be released pending trial, and if so, under what conditions. This is where the Public Safety Assessment (PSA) comes into play. Brett M. Rosen, Esq. is an experienced New Jersey criminal defense attorney who understands the complexities of the PSA and bail reform. He will fight to secure your release and protect your rights throughout the process. Contact him today for a free consultation at 908-312-0368.

What is a Public Safety Assessment (PSA) in New Jersey?

New Jersey’s Criminal Justice Reform Act, effective January 1, 2017, significantly changed the state’s bail system. The traditional cash bail system was largely replaced with a risk-based system, relying heavily on the Public Safety Assessment (PSA).

The PSA is a risk assessment tool used to help judges make decisions about pre-trial release. It’s an algorithm-based system that uses nine risk factors to predict:

1. Risk of Failure to Appear (FTA): The likelihood that the defendant will not show up for future court dates.
2. Risk of New Criminal Activity (NCA): The likelihood that the defendant will commit a new crime while released.
3. Risk of New Violent Criminal Activity (NVCA): The likelihood that the defendant will commit a new violent crime while released.

The PSA generates scores for each of these risks, ranging from 1 to 6, with 6 being the highest risk. The nine risk factors are:

• Age at Current Arrest: Younger defendants are generally considered higher risk.
• Current Violent Offense: Whether the current charge is for a violent offense.
• Pending Charge at Time of Offense: Whether the defendant had other pending charges.
• Prior Misdemeanor Conviction: History of misdemeanor convictions.
• Prior Felony Conviction: History of felony convictions.
• Prior Violent Conviction: History of violent crime convictions.
• Prior Failure to Appear in Past 2 Years: Recent history of failing to appear in court.
• Prior Failure to Appear Older Than 2 Years: History of failing to appear in court more than two years ago.
• Prior Sentence to Incarceration: History of being sentenced to jail or prison.

The PSA does not consider factors like race, ethnicity, gender, religion, socioeconomic status, or geographic location.

How the PSA Impacts Pre-Trial Release Decisions

After an arrest on a warrant complaint, a PSA is generated. The prosecutor then has to make a decision. They can release a defendant on their own recognizance (ROR), release with conditions or they can move for pre-trial detention. A detention hearing is typically held within three (3) business days of the defendant’s arrest. At the hearing, the judge will consider the PSA scores, along with other relevant information, such as:

• The nature and circumstances of the offense.
• The weight of the evidence against the defendant.
• The defendant’s ties to the community (family, employment, residence).
• The defendant’s character and mental condition.
• Any statements made by the defendant.
• The victim’s safety.
• Any recommendations by pre-trial services.

The judge has several options:

• Release on Own Recognizance (ROR): Release without any conditions, based on a promise to appear in court.
• Release with Conditions: Release with specific conditions designed to mitigate the risks identified by the PSA. These conditions can range from minimal to very restrictive.
• Pre-Trial Detention: Holding the defendant in jail until trial. This is only permitted if the prosecutor files a motion for detention and the judge finds, by clear and convincing evidence, that no conditions of release will reasonably assure the defendant’s appearance in court, the safety of the community, or the integrity of the judicial process.

Pre-Trial Monitoring Levels in New Jersey

If a judge orders release with conditions, the conditions are often categorized into different levels of pre-trial monitoring. While the specific conditions can vary depending on the case, here’s a general overview of the typical levels:

Level I (Least Restrictive):

• Reporting Requirement: Requires once a month check-ins with Pretrial Services, typically by phone.
• Address Verification: Requirement to maintain a current address and notify Pretrial Services of any changes.

Level II:

• Increased Reporting: Bi-weekly check-ins with Pretrial Services, possibly in person.
• Travel Restrictions: May restrict travel outside of a specific area (e.g., the county or state).
• Curfew: May impose a curfew, requiring the defendant to be at home during certain hours.

Level III:

• Frequent In-Person Reporting: Requires weekly reporting, and they might be in-person meetings with Pretrial Services.
• Substance Abuse Testing: May require random drug and alcohol testing.
• Mental Health Treatment: May require participation in mental health counseling or treatment.
• Employment/Education Requirements: May require the defendant to maintain employment or attend school.

Level III+ (Most Restrictive):

• Electronic Monitoring (EM): Requires the defendant to wear an electronic monitoring device (ankle bracelet) to track their location.
• Home Detention/Confinement: Restricts the defendant to their home, except for approved activities (e.g., court appearances, medical appointments, attorney visits). This is often combined with electronic monitoring.
• No Contact Orders: Strict orders prohibiting any contact with the alleged victim or other specified individuals.

The level of monitoring is determined by the judge based on the PSA scores, the nature of the charges, and the defendant’s individual circumstances. Brett M. Rosen will advocate for the lowest level possible.

Frequently Asked Questions (FAQ)

Q: Can I challenge the PSA score?

A: While you can’t directly challenge the algorithm itself, your attorney can challenge the accuracy of the information used to generate the score. For example, if there are errors in your criminal history, your attorney can present evidence to correct those errors, potentially leading to a lower PSA score.

Q: What happens if I violate the conditions of my pre-trial release?

A: Violating the conditions of your release can result in a warrant being issued for your arrest, and you could be detained pending trial. The judge may also impose stricter conditions or revoke your release entirely.

Q: How long does pre-trial detention last?

A: There are strict timelines under New Jersey law. The Speedy Trial Act sets deadlines for bringing a case to trial. However, these deadlines can be extended under certain circumstances. If you are detained, your attorney will work to expedite your case.

Q: Can I get the Conditions of my Release changed after the initial hearing?

A: It is difficult, however a lawyer may argue a change in circumstances.

Q: Can my lawyer help me get released?

A: Absolutely. An experienced criminal defense attorney like Brett M. Rosen, Esq. can advocate for your release at the detention hearing, challenge the PSA score if appropriate, and negotiate for the least restrictive conditions of release.

Contact Brett M. Rosen, Esq. Today

If you or a loved one is facing criminal charges in New Jersey, understanding the Public Safety Assessment and the pre-trial release process is crucial. Contact Brett M. Rosen, Esq. for a confidential and free consultation. He will explain your rights, guide you through the process, and fight to protect your freedom.

908-312-0368 & brett@nynjcriminalcivilesq.com

Important Disclaimer: This information is for educational purposes only and does not constitute legal advice. Consult with a qualified attorney for specific legal guidance regarding your situation.