In this appeal, the court addresses whether, in a pretrial detention hearing, defendant's pregnancy should be given greater consideration than any other pretrial detention factor in a judge's assessment under the Criminal Justice Reform Act (Act), N.J.S.A. 2A:162-15 to -26.
At the detention hearing, the trial judge noted defendant's extensive juvenile history, current serious second-degree charges and multiple failures to appear, and considered the Pretrial Services recommendation for no release. Although stating that all pertinent factors under N.J.S.A. 2A:162-20 weighed in favor of detention, the judge concluded that defendant's eight-week pregnancy required her release with conditions.
Because the trial judge abused his discretion in giving defendant's pregnancy greater weight than all other pertinent factors in his determination to release her, we reverse. Pregnancy, like any other medical condition, is considered only for its impact on the risk of a defendant posing a danger to the community, obstructing justice or failing to appear in court. N.J.S.A. 2A:162-20.