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State of New Jersey
OFFICE OF THE ATTORNEY GENERAL

CHRIS CHRISTIE
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DEPARTMENT OF LAW AND PUBLIC SAFETY
DIVISION OF CRIMINAL cTUSTICE
PO BOX 085
TRENTON, NJ 08625-0085

KIM GUADAGNO

Lt. Governor

CHRISTOPHER S. PORRINO
Attorney General
ELIE HONIG

Director

TELEpxorrE: (609) 984-6500

April 7, 2017

Dear Judge Grant:
As we have discussed at our regular monthly meetings, over the past several months, my
Office has remained in close contact with law enforcement officers across the State to elicit
feedback on the early phases of Criminal Justice Reform implementation. Specifically, we have
asked prosecutors and police for their assessment of the factors and processes employed in the
Public Safety Assessment ("PSA"). The responsive commentary has been thoughtful and
instructive. My purpose in writing is to share this information and request that the Courts
consider making certain modifications to the PSA and the Decision Making Framework
("DMF") employed by the Pretrial Services Program in formulating its pretrial release/detention
recommendation.
Specifically, law enforcement's position is that the PSA should be modified to include
the firearms and eluding offenses identified below among those offenses already categorized as
"violent" by the risk factor and outcome definitions. Moreover, the DMF should be modified so
that these firearms and eluding offenses, along with those cases in which an individual offends
while he is on pretrial release or post-conviction supervision, automatically will trigger a Pretrial
Services recommendation against release, regardless of an individual defendant's PSA scores.
Firearms Cases
Much of the criticism from law enforcement of the PSA and DMF has focused on cases
involving weapons—predominantly firearms. Perhaps the best examples are those cases in
which a defendant has a prior conviction for one or more specified offenses that make him/her a
"certain person not to possess firearms" under N.J.S.A. 2C:39-7b and those charges which
subject a defendant to the mandatory sentencing provisions of the Graves Act, N.J.S.A. 2C:436c.
The PSA's risk factors and formula and the DMF appear to undervalue the danger posed
by defendants in Graves Act cases involving unlawful possession of a firearm (N.J.S.A. 2C:395), possession of a firearm for an unlawful purpose (N.J.S.A. 2C:39-4a1), possession of a
firearms in the course of committing a CDS distribution offense (N.J.S.A. 2C:39-4.1a), and/or

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 Apri17, 2017
Page 2
certain persons not to have firearms (N.J.S.A. 2C:39-7b). Under the current system, none of
these charges—absent a significant prior criminal history or an additional qualifying charge—
triggers aNew Violent Criminal Activity ("NVCA") flag or a Pretrial Services recommendation
against release. Considering the serious nature of these crimes, the danger unlawful firearms
pose to the community, and the significant penalties associated with these offenses—including
mandatory sentences of imprisonment with mandatory minimum terms—we strongly
recommend that the PSA (in particular, the Violent Offense List Appendix)1 and/or the DMF be
supplemented and modified.
As Your Honor is aware, under the current DMF, the charges of escape (N.J.S.A. 2C:29S.a), murder, aggravated manslaughter, or manslaughter (N.J.S.A. 2C:11-3, 11-4), aggravated
sexual assault or sexual assault (N.J.S.A. 2C:14-2a, b, c.l), and robbery or carjacking (N.J.S.A.
2C:15-1, 15-2) will result in an automatic recommendation from Pretrial Services of "No Release
Recommended"—regardless of an individual defendant's PSA scores. In addition, if the PSA
resulted in a NVCA flag and the current charge is violent, the Pretrial Services recommendation
also will be against release. We respectfully submit that the above-referenced firearms offenses
likewise should trigger an NVCA flag or an automatic recommendation against release. For
example, a defendant who is a "certain person" under the law not to possess a firearm and who is
now charged with possession of such a weapon should automatically receive a recommendation
of "No Release Recommended," regardless of his PSA score.
Prosecutor's offices throughout New Jersey overwhelmingly have identified as a grave
concern the PSA's undervaluing of the danger associated with criminal firearms cases. The
following case summaries illustrate how the PSA and DMF underestimate the danger posed by
defendants charged with firearms offenses:
State v. Shakor Twitty (W-2017-000159-1602 Passaic): Defendant fled an area which
police were canvassing after a burglary. While fleeing, defendant discarded a backpack
that he had in his possession. The backpack was recovered, and a .45 caliber Ruger
semiautomatic handgun and a high capacity magazine were found inside. Defendant was
charged with, among other offenses, Possession of a Weapon for Unlawful Purpose
(N.J.S.A. 2C:39-4a1), Possession of Prohibited Weapons and Devices -Large Capacity
Magazine (N.J.S.A. 2C:39-3j), Unlawful Possession of a Weapon (N.J.S.A. 2C:39-Sbl),
and Certain Persons Not to Have Weapon (N.J.S.A. 2C:39-7b1). Defendant's PSA
scores were FTA 3, NCA 3 with no NVCA flag. The Pretrial Services recommendation
was "Release with Conditions —Monthly Reporting," and the judge so ordered.
State v. Austin Cha~oya (W-2017-000093-1607 Passaic): Defendant pointed a handgun
at the victim (the boyfriend of his step-daughter) while stating "I have this for you."
Defendant was charged with Aggravated Assault —Knowingly Pointing a Firearm at
Another (N.J.S.A. 2C:12-1b4), Terroristic Threats (N.J.S.A. 2C:12-3b), Possession of a
Weapon for an Unlawful Purpose (N.J.S.A. 2C:39-4a1) and Unlawful Possession of a
Weapon without a Permit (N.J.S.A. 2C:39-Sbl). The PSA scores were FTA 2, NCA 3,
with no NVCA flag. The recommendation of Pretrial Services was "Release with
' This list is annexed to the document entitled "Public Safety Assessment New Jersey Risk Factor and Outcome
Definitions Effective 3-1-2017."

 April 7, 2017
Page 3
Conditions —Monthly Reporting." The judge accepted Pretrial Services recommendation
and ordered monthly telephonic reporting.
State v. Kenneth Price (W-2017-000591-1608 Passaic): Defendant was observed by
undercover officers operating a motor vehicle with dark tinted window and no front
license plate in a high crime area in Paterson. The vehicle was stopped, and multiple
glassine wax folds were observed on back seat. Defendant was ordered out of the
vehicle, and he admitted to having a weapon (a handgun loaded with hollow point
bullets) in his possession. An occupant of the vehicle admitted that he visited Paterson
for the purpose of buying heroin. Defendant was charged with Possession of a Weapon
for an Unlawful Purpose (N.J.S.A. 2C:39-4a1), Unlawful Possession of a Weapon
(N.J.S.A. 2C:39-Sbl), and Prohibited Weapons and Devices (N.J.S.A. 2C:39-3f1).
Defendant's PSA scores were FTA 1, NCA 1, with no NVCA flag. The judge ordered
defendant released on his own recognizance in accordance with the Pretrial Services
recommendation.
It bears noting that in the each of the above matters, the State—despite the obvious
severity of the conduct—did not file motions for pretrial detention. In those cases, the low PSA
scores and Pretrial Services recommendations for release posed significant practical obstacles to
detention. Without modification of the PSA and/or DMF, our communities will face the dangers
of those who choose, among other things, to terrorize others by pointing firearms at them, engage
in illegal drug trade with firearms at their ready, and possess firearms when their prior illegal
conduct has rendered them ineligible to possess them.
2"d Degree Eluding Cases
Another offense meriting consideration for enhanced treatment for PSA and DMF
purposes is 2"d degree Eluding an Officer while Operating a Motor Vehicle with a Risk of Death
or Injury to any Person (N.J.S.A. 2C:29-2b). For law enforcement, it is disconcerting that a
defendant who has engaged in a dangerous police chase, which puts lives in jeopardy, ordinarily
would not be subject to pretrial detention.
A matter out of Union County serves as an example. In State v. David Crooks (W-2017000065-2019), a police officer observed a motor vehicle with the driver's side door lock hanging
out of the cylinder. After being advised by dispatch that the vehicle was stolen, the officer began
to follow the vehicle as it pulled off of a state highway and into the parking lot of a retail
establishment. When the driver of the vehicle noticed the marked patrol car behind him, he
exited the parking lot onto the state highway westbound, drove perpendicular in heavy traffic
across all lanes of travel, entered a gas station located in the center median, and exited the lot
onto the state highway eastbound. The officer then activated his overhead lights and audible
siren, in an attempt to conduct a stop of the vehicle. At this point, the defendant began to
accelerate, reaching speed of approximately 60 MPH when the posted speed limit was 45 MPH.
Another officer entered the pursuit, during which the driver passed multiple cars on the shoulder
and served around and cut off multiple cars—all of this during heavy traffic on the state
highway. While fleeing, the driver struck a sign at the entrance to the Garden State Parkway. The
sign subsequently flew into the roadway, almost striking one officer's vehicle. During the

 Apri17, 2017
Page 4
pursuit, the driver lost control of his vehicle on multiple occasions. Ultimately, the vehicle hit a
curb and careened across all lanes of travel of the state highway, spun out of control, slid
backwards, and came to rest against the curb on the shoulder near another commercial
establishment on the state highway.
Among other offenses, the defendant was charged with 2"a degree Eluding (N.J.S.A.
2C:29-2b). The defendant had numerous indictable and disorderly persons convictions with a
bevy of prior sentences to incarceration. The PSA scores were FTA 3, NCA 4 with no NVCA
flag. The recommendation of Pretrial Services was "Release with Conditions - Bi-Weekly
Reporting." The judge released the defendant and ordered telephonic and in-person reporting,
each once per month.
Again, in light of the dangerousness of defendant's actions it is proposed that the offense
of 2"d degree Eluding be considered a "violent" offense for PSA risk factor and outcome
purposes and that the DMF be modified to include this offense as one which would automatically
trigger a Pretrial Services recommendation of "No Release Recommended."
Crimes Committed While on Pretrial Release, Probation or Parole
The PSA's risk factors and outcome definitions and the DMF also fail to account for the
significance of crimes that are committed by an individual when he is on pretrial release for
another offense or while he is on some form ofpost-conviction supervision. Where an individual
chooses to ignore the most fundamental condition of pretrial release or post-conviction
supervision (i.e., not to commit any additional offenses), it appears axiomatic that there exists
exceptionally strong evidence that no conditions of release will ensure the protection of the
safety of the community, thus necessitating the individual's pretrial detention.
The following case summaries are offered to illustrate the lack of significance that the
PSA and DMF place upon those who offend while on pretrial release orpost-conviction
supervision:
State v. Juan M. Almonte-Peralta (W-2017-000265-102 Passaic): Defendant was
arrested on February 24, 2017, and charged with, among other offenses, Burglary
(N.J.S.A. 2C:18-2a1), Theft (N.J.S.A. 2C:20-3a), Impersonating a Law Enforcement
Officer (N.J.S.A. 2C:28-8), and Resisting Arrest (N.J.S.A. 2C:20-3a). At the time of this
arrest, defendant was out on monetary bail for pending charges from 2016 that included,
among others, 1St degree Robbery (N.J.S.A. 2C:15-1) and Aggravated Assault (N.J.S.A.
2C:12-1b2). Defendant also was on probation at the time of arrest. The PSA scores were
FTA 3, NCA 4, with no NVCA flag. Pretrial Services recommended "Release with
Conditions — Bi-Monthly Reporting (Twice per Month)." The State's motion for pretrial
detention was denied, and the judge released defendant on home supervision with
electronic monitoring.
State v. Denzel W. Johnson (W-2017-000064-1429 Morris): On February 4, 2017,
Defendant was charged with Burglary (N.J.S.A. 2C:18-2a1), Theft (N.J.S.A. 2C:20-3a),
and Hindering (2C:29-3b1). At the time of his arrest, defendant was on pretrial release

 Apri17, 2017
Page 5
for crimes including Receiving Stolen Property (N.J.S.A. 2C:20-7a), Possession of CDS
(N.J.S.A. 2C:35-l0al), Possession of CDS with Intent to Distribute (N.J.S.A. 2C:35Sb5), and Possession with Intent to Distribute within 500 Feet of Public Property
(N.J.S.A. 2C:35-7.1a). Those crimes were allegedly committed on January 20, 2017.
Defendant was also on probation in Passaic and Morris Counties for prior offenses
including Resisting Arrest/Eluding (N.J.S.A. 2C:29-2b), Possession of CDS with Intent
to Distribute (N.J.S.A. 2C:35-Sbl l), and Receiving Stolen Property (N.J.S.A. 2C:20-7).
Those offenses took place in 2014 and 2016. Defendant's PSA scores were FTA 3, NCA
5, with no NVCA flag. The Pretrial Services recommendation was "Release with
Conditions —Weekly Reporting." Defendant was released at first appearance with a
requirement that he report to Pretrial Services telephonically once every other week.
State v. Alize D. Nulls (W-2017-003411-0714 Essex): 21 year old Defendant committed
a robbery upon a victim and inflicted a deep laceration wound over victim's eye which
caused profuse bleeding. Defendant was on parole for an offense of Unlawful Possession
of a Weapon (handgun) (N.J.S.A. 2C:39-Sb) out of Essex County (he was sentenced on
January 22, 2016). Defendant has an extremely extensive juvenile history. Defendant's
PSA scores were FTA 2, NCA 4, with no NOVA flag. Pretrial Services recommended
"Release with Conditions —Weekly Reporting (NERA)". The State's motion for pretrial
detention was denied, and defendant was released and required to report to Pretrial
Services telephonically every other week.
State v. William C. McNeal (W-2017-000180-0514 Cape May): During the course of a
narcotics investigation, a search warrant was executed at Defendant's residence.
Marijuana packaged for distribution was located in the house. Defendant admitted to
being the owner/possessor of the marijuana. Among other offenses, defendant was
charged with 3ra degree Possessing/Distributing within 500 Feet of Certain Public
Property (N.J.S.A. 2C:35-7.1). Defendant has prior indictable convictions dating back to
1992, including two prior violent convictions for Aggravated Assault on a Police Officer
(N.J.S.A. 2C:12-1b5a). At the time of this arrest, defendant was on parole for prior
offenses. Defendant's PSA scores were FTA 3, NCA 4, with no NVCA flag. The
recommendation from Pretrial Services was "Release with Conditions — Bi-Monthly
Reporting (Twice Per Month)." The State's motion for pretrial detention was denied, and
defendant was released and required to report telephonically every other week.
Again, that an individual would choose to re-offend while on pretrial release monitoring
orpost-conviction supervision serves as a clear indicator that he is a significant risk to the safety
of the community. Accordingly, modifying the DMF to require an automatic Pretrial Services
recommendation against release is reasonable and appropriate.
We respectfully suggest that the modifications outlined above will enhance the ability of
law enforcement and the courts to identify and manage risk moving forward.

 Apri17, 2017
Page 6
I would like to thank Your Honor and Chief Justice Rabner for your ongoing partnership
in this vital reform effort.
Sin rel yours,
Elie Honig, irect
Division of Criminal Justice

cc:

Richard T. Burke, President, County Prosecutors Association of New Jersey
William Parenti, President, New Jersey State Association of Chiefs of Police
Joseph E. Krakora, Public Defender
Alexander Shalom, Senior Staff Attorney, ACLU of New Jersey