The sweeping changes took effect in New Jersey on Jan. 1, 2017.
NEW BRUNSWICK -- The sweeping bail reform rolled out statewide earlier this month has been a "challenge" for law enforcement and led to people being released that should remain jailed, the Middlesex County prosecutor said.
The new process, which went into effect Jan. 1, was enacted as a way to keep people out of jail who aren't a safety risk to the public and lack the financial means to put up bail.
"There are good ideas behind bail reform and we are trying to work out the kinks," Middlesex County Prosecutor Andrew Carey said. "But in my opinion, there are some inadequate resources being put towards this and law enforcement has an absolute challenge -- and to say a challenge is putting it mildly -- in order to protect the community."
On Friday, Middlesex County Superior Judge Alberto Rivas heard arguments from public defenders and the prosecutor's office for more than a dozen people facing charges during a pretrial detention hearing, a process that is now required within 48 hours of an arrest.
Some were released on supervised release, so they didn't miss a shift at work while awaiting trial. Some, specifically those charged with violent crimes, were sent back to jail. The process took at least 20 minutes for each defendant.
Judges base their decisions on the evidence presented by both sides, as well as on a scoring system that rates the person's likelihood to appear in court or to commit another crime if released. Defendants are given a numerical score from 1 to 6 by the trial court administrator, assessing the person a low, moderate or high risk, while also taking into account the prior record, if any.
The Middlesex County Prosecutor's Office had also filed a motion to revoke the release of a 23-year-old Plainfield man they say was picked up for a burglary three days after being released by a Middlesex County judge during a pre-bail hearing on a separate burglary charge.
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Pretrial services, the defense attorney and the prosecutor's office were unable to contact Ward about the hearing, and he did not appear in court.
"Here the phone number that was called, I'm aware, comes back to a business not related to this defendant," Assistant Prosecutor Vanessa Craveiro said in court Friday. "The fact that he has not provided pretrial services with a number that can reach him is also another violation, and calls made to his mother, the state is alleging, is enough notice for him to appear."
A bench warrant was issued for Ward, with bail set at $50,000. As part of any pre-bail release, the person facing charges is required to provide a working phone number and current address.
Without commenting on any specific case, Carey said people charged in low-level crimes, such as burglaries, pose a particular problem for local and county police in protecting the public.
"If there's a person out there committing burglary after burglary after burglary, and they are not doing what they need to, how is law enforcement supposed to protect the community?" he said. "How many times are we going to arrest the same person?"
The day prior, the Ocean County Prosecutor's Office fought the release of a convicted sex offender who was accused of trying to solicit sexual favors from a 12-year-old. A Superior Court judge ruled he didn't pose a threat and ordered him to stay away from the girl and wear a GPS monitoring bracelet.
The case will be taken to the state's Supreme Court.
Those released are required to meet their pretrial conditions, which can include a phone call checking in with authorities, electronic monitoring or house arrest.
Any one defendant returning to jail after the hearing will have their trial fast-tracked. Under the new policy, prosecutors have 90 days to seek an indictment and then 120 to take the person to trial.
"The time constraints are incredible," Carey said, describing the short turnaround from the person's arrest to presenting their case to a judge.
Superior Court judges now even hold hearings on the weekends to speed up the process with the prosecutors, attorneys and defendants appearing in an online courtroom.
State Supreme Court Chief Justice Stuart Rabner pushed for the sweeping changes, often citing statistics that one in 12 people remain in jail because they don't have the money to post $2,500 bail.
"Even if they pose a minimal risk of flight, they can sit in jails for weeks, months," Rabner said during a seminar in September.
While Carey agreed that "money bail needed to be done away with," he said the local agencies need more resources.
In December, a complaint filed by the New Jersey Association of Counties citing the costs of the reform was rejected by a state body that can nix laws if they put an unconstitutional burden on local agencies.
Craig McCarthy may be reached at CMcCarthy@njadvancemedia.com. Follow him on Twitter @createcraig and on Facebook here. Find NJ.com on Facebook.