Keep Convicted Car Theft Suspects In Jail, Says Democrat Vin Gopal

OAKHURST, NJ — On Thursday, the state Senator who represents southern Monmouth County introduced a bill package targeting the car theft epidemic that has hit New Jersey suburbs this year.

State Sen. Vin Gopal's legislation takes on bail reform: His bill proposed Thursday would keep someone charged with carjacking, car theft or burglary in jail until trial, if that suspect already has a prior conviction or pending charge for one of those crimes.

Gopal is a Democrat who represents southern Monmouth County. His legislation is similar to this proposed by a group of Monmouth County Republican lawmakers in May, who called for bringing back mandatory cash bail for those caught stealing a car.

But Gopal touts that his bill has caveats (it would only be in effect for one year), and that his legislation is bipartisan: Republican lawmakers Declan O'Scanlon and Bob Singer are sponsors of Gopal's bail reform package.

Many in New Jersey law enforcement have long complained that they arrest people suspected of carjacking or home invasion, only to release them from jail hours later.

This is because of bail reform.

Cash bail was basically eliminated in New Jersey in 2014: That year, then-Gov. Chris Christie signed a law that said only those accused of the most serious crimes — such as murder, aggravated assault and sex assault — can be held in jail until trial.

This was done under the argument that innocent or lower-income people were being held in jail for days, simply because they could not pay bail. Christie, a Republican, championed bail reform, as did many Democratic New Jersey lawmakers.

However since then, critics of bail reform — mostly in the law enforcement community — say it releases most offenders within hours of their arrest, or within a day. Monmouth County Sheriff Shaun Golden describes New Jersey's current system of policing as "catch and release."

Today, even some Democratic lawmakers are calling to bring back cash bail, especially for car thefts and gun crimes: As his city deals with skyrocketing shootings, Newark Mayor Ras Baraka said in February he wants people arrested on gun charges kept behind bars until trial. And State Sen. Joseph Cryan, a Democrat from Union County, re-introduced this bill in May, which would keep some people charged with gun crimes in jail until trial.

NJ Senate President Nick Scutari joined Gopal Thursday in a press conference in Oakhurst, in a display that there is strong support in Trenton for the bill to become law. PBA President Pat Colligan and Wayne Blanchard, President of the State Troopers Fraternal Association, were also on hand in support of the bill.

Gopal said his bill would specifically "allow law enforcement to detain repeat offenders."

Gov. Phil Murphy, who supported bail reform, has not given an immediate indication whether he supports Gopal's bill.

Legislation from the Monmouth County Republicans in May has not advanced in Trenton.

Gopal also pointed out that his bill was written in such a way that it would remain in effect for one year after enactment and then expire. He called it a "temporary" means of addressing the recent surge in auto thefts. After it expires, courts would be required to report to the Legislature and the Governor on the number of individuals kept in jail until trial under the bill.

"These crimes are especially disturbing because they are so close to home," said Gopal Thursday of why his bill is needed. "Criminals are burglarizing houses for key fobs, stealing cars right out of people’s driveways and using the vehicles to commit other crimes.”

Car theft in New Jersey is up nine percent this year compared to 2021, and up 41 percent from a record low in 2020, according to the New Jersey Attorney General's Office and State Police. Nationally, car theft is up 17 percent.

Monmouth County has seen a 104 percent increase in car thefts this year: Monmouth County logged 63 car thefts in the first quarter of 2021, and 129 car thefts the first quarter of 2022, according to county Sheriff Shaun Golden.

On this topic:

Reinstate Cash Bail For Car Theft, Burglary Suspects: Middletown Mayor (Sept. 2022)

Bring Back Bail For Car Thieves, Say NJ Republican Lawmakers (May 2022)

Growing Push To Change Bail In NJ; Lawmakers Want Some Kept In Jail (May 2022)

As NJ Car Thefts Surge, State Revises Policy To Allow Police Pursuit (April 2022)

Attempted Car Theft From Tinton Falls Driveway, With Child Inside (April 2022)

All four of these bills from Gopal will be considered by the Senate Judiciary Committee on Monday.

• S-3389 Increase criminal charges for car theft – Establishes crimes of theft of motor vehicle and receiving stolen motor vehicle as separate statutory provisions; provides extended sentences for certain persistent offenders. This bill establishes theft of a motor vehicle and receiving a stolen vehicle as separate offenses, which will facilitate the tracking of motor vehicle theft crimes and help crack down on persistent offenders with extended terms.

• S-3390 – Expands criminal penalties related to illegal use of motor vehicle "master key." This bill amends current law to make it a fourth-degree crime for a person to knowingly possess for an unlawful purpose a key fob that operates a vehicle owned by another person or possess a computer program commonly used to start a motor vehicle without an ignition key or key fob.

• S-3028 – Increases penalties for those who use teens and juveniles to steal cars. Strengthens penalties for adults and juveniles who commit auto theft crimes and establishes mandatory minimum sentences for adults who recruit juveniles to commit auto theft.

• S-3222 – Prohibits towing companies from requiring the owner of a stolen motor vehicle to pay a fee to release the vehicle from a storage facility. Under this bill, the “Predatory Towing Prevention Act” is amended to prohibit a towing company from charging fees to the owner of a stolen motor vehicle so long as the owner provides a copy of the stolen vehicle police report to the towing company.

“Car thefts are nothing new, but the problem has been taken to entirely new levels in recent years,” said Scutari Thursday. “We are seeing things we have not seen before, with organized car theft rings, catalytic converter theft rings, criminals breaking into homes to steal fobs, and the organized use of juveniles. It is clear that more has to be done to stop this surge and protect the safety and security of our communities.”