Voters in New Jersey today will be voting on a proposed constitutional amendment that, if approved, could fundamentally change how the state's bail bonds system works.

Ballot Question 1 proposes to alter the state Constitution to allow judges to implement no-bail holds on suspected violent offenders.  This means defendants who have been accused of heinous, serious crimes such as murder, homicide and others, can be denied bail.

Proponents point out that if the measure is passed, it will also pave the road for a second big change; namely, allowing judges the discretion to release certain, low-level offenders on their own recognizance.  A bond will not be required to get them out of jail.

The NJ American Civil Liberties Union has been among those who have been outspoken in their support. They see the passage of Ballot Question 1 as a way of preventing those who have been accused of minor crimes, but can't afford to hire a bondsman, from being stuck behind bars until their case is resolved.

The dissenting opinions

Criminal defense attorneys say they are wary about tying the two issues together; they're worried that some defendants will be "wrongly denied bail", and that NJ will not pay for the proper systems to monitor all those who have been released without needing to post bail bonds.

They feel that the state can figure out a way to release low-level offenders without bond without auto-passing a measure that will deny bail to others.

Pre-trial release measures need to be properly funded, they say, and one issue really has nothing to do with the other.

The ACLU on the other hand, has argued that not only is bail reform needed, it's long overdue.  Many of the state's poorest offenders are stuck in jail for 2+ years while they wait for their cases to be resolved, and it's unfair that they are kept from their jobs, their spouses and their families simply because they don't have the funds to hire a bondsman.

The 'need more time' argument

Some members of the legislature say that jumping into this type of change blindly could cause unintended consequences; they want more time to study the issues at hand.

NJ Governor Chris Christie, however, feels the time for action is now.  Supporters say that as long as politicians from both sides of the aisle work together, that true balance can be achieved.   Changing the jail release program from one that is means-based to one that is risk-based, some say, is in the best interest of New Jerseyans.

As it stands, they say, those who have money can currently get out of jail, regardless as to the type of crime they have been accused of, while those who are financially strapped have their hands tied.

Opponents say that a change in the law is unnecessary; judges already have the ability to set bail for alleged violent offenders so high that it's impossible for them to be released on bond.  They can also decide whether a defendant can or cannot be released on their own recognizance.

They point out that once this type of change is enacted it will be too late to go back, and that voters, and elected officials, need to take the notion of modifying the state Constitution very seriously.

If approved, Ballot Measure 1 will go into effect on January 1, 2017