Holland v. Rosen, No. 17-3104 (3d Cir. 2018)Annotate this Case
In 2017, New Jersey replaced its system of pretrial release, which had long relied on monetary bail, based on a finding that the system resulted in the release of defendants who could afford to pay for their release, even if they posed a substantial risk of flight or danger to others, and the detention of poorer defendants who presented minimal risk and were accused of less serious crimes. Following a constitutional amendment, the New Jersey Criminal Justice Reform Act, 3 N.J. Stat. 2A:162–15, created a new framework that prioritizes the use of non-monetary conditions of release over monetary bail. The Reform Act establishes a multi-step process the court must follow when deciding to release or detain an eligible defendant after considering multiple factors. Plaintiffs challenged the Act as a violation of the Eighth Amendment, the Due Process Clause, and the Fourth Amendment, seeking a preliminary injunction to prevent the state “from taking any actions to enforce statutory provisions [of the Act] . . . that allow imposition of severe restrictions on the pre-trial liberty of presumptively innocent criminal defendants without offering the option of monetary bail.” The Third Circuit affirmed the district court, finding that there is no federal constitutional right to deposit money or obtain a corporate surety bond to ensure a criminal defendant’s future appearance in court as an equal alternative to non-monetary conditions of pretrial release.