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Kenneth Vercammen's Law office represents individuals
charged with juvenile and criminal offenses. We provide representation
throughout New Jersey. Criminal charges can cost you. If
convicted, you can face jail, fines, Probation and other penalties.
Don't give up! Our Law Office can provide experienced attorney
representation for criminal offenses in juvenile matters, and
other offenses. Our website www.njlaws.com provides information on criminal
offenses we can be retained to represent people. Our article Juvenile
Law provides more details on juvenile cases. http://www.njlaws.com/Juvenile%20Law.htm
Handling juvenile delinquency cases is becoming a sub-specialty that
requires special knowledge of the juvenile justice system. Juvenile
cases are difficult to handle for different reasons: (1) The juveniles
often refuse to admit to their attorney any participation in the offense
despite clear guilt. (2) The parents sometimes refuse to acknowledge
their child's involvement. (3) Different rules and court systems
are involved. By commitment and preparation, you can obtain excellent
results and satisfy clients. Too often lawyers throw up their
hands when a client presents a criminal charge. Rather than simply suggest
that a client plead guilty and avoid litigation, an attorney should
accept the challenge and apply his best legal talents to protect the
client's rights. We advise potential clients
of some of the mandatory penalties and incarceration or custodial terms
that the court could impose. This makes people realize the seriousness
of the charges against them. We direct them to bring in a copy
of the complaint, all their papers in connection with their case and
any documents they received from their state's Division of Motor Vehicles.
Oftentimes I will instruct them to write a narrative if it is
a case that is fact- specific or involves a great deal of detail, such
as an assault case. When the client is first
in the office, I have him fill out the Confidential New Criminal Case
Interview Sheet. We obtain background information such as their
name, address, the offenses charged, date of the person's arrest, other
witnesses, statements given to them by the police, their occupation
and information regarding prior criminal convictions. Our interview
sheet also asks if there is anything else important. The extent
to which the client fills out the form lets us know whether or not the
client will follow instructions and cooperate with us.
The following in the Juvenile Justice statute in New Jersey:
2A: 4A-20. Short title
This act shall be known and may be cited as the "New
Jersey Code of Juvenile Justice." 2A: 4A-21
Purposes.
2. Purposes. This act shall be construed so as to effectuate
the following purposes:
a. To preserve the unity of the family whenever possible and to provide
for the care, protection, and wholesome mental and physical development
of juveniles coming within the provisions of this act;
b. Consistent with the protection of the public interest, to remove
from children committing delinquent acts certain statutory consequences
of criminal behavior, and to substitute therefor an adequate program
of supervision, care and rehabilitation, and a range of sanctions designed
to promote accountability and protect the public;
c. To separate juveniles from the family environment only when necessary
for their health, safety or welfare or in the interests of public safety;
d. To secure for each child coming under the jurisdiction of the court
such care, guidance and control, preferably in his own home, as will
conduce to the child's welfare and the best interests of the State;
and when such child is removed from his own family, to secure for him
custody, care and discipline as nearly as possible equivalent to that
which should have been given by his parents;
e. To insure that children under the jurisdiction of the court are
wards of the State, subject to the discipline and entitled to the protection
of the State, which may intervene to safeguard them from neglect or
injury and to enforce the legal obligations due to them and from them;
and
f. Consistent with the protection of the public interest, to insure
that any services and sanctions for juveniles provide balanced attention
to the protection of the community, the imposition of accountability
for offenses committed, fostering interaction and dialogue between the
offender, victim and community and the development of competencies to
enable children to become responsible and productive members of the
community.
2A: 4A-22. General definitions 3. General definitions. As used
in this act:
a. "Juvenile" means an individual who is under the age of
18 years.
b. "Adult" means an individual 18 years of age or older.
c. "Detention" means the temporary care of juveniles in physically
restricting facilities pending court disposition.
d. "Shelter care" means the temporary care of juveniles in
facilities without physical restriction pending court disposition.
e. "Commit" means to transfer legal custody to an institution.
f. "Guardian" means a person, other than a parent, to whom
legal custody of the child has been given by court order or who is acting
in the place of the parent or is responsible for the care and welfare
of the juvenile.
g. "Juvenile-family crisis" means behavior, conduct or a
condition of a juvenile, parent or guardian or other family member which
presents or results in (1) a serious threat to the well-being and physical
safety of a juvenile, or (2) a serious conflict between a parent or
guardian and a juvenile regarding rules of conduct which has been manifested
by repeated disregard for lawful parental authority by a juvenile or
misuse of lawful parental authority by a parent or guardian, or (3)
unauthorized absence by a juvenile for more than 24 hours from his home,
or (4) a pattern of repeated unauthorized absences from school by a
juvenile subject to the compulsory education provision of Title 18A
of the New Jersey Statutes.
h. "Repetitive disorderly persons offense" means the second
or more disorderly persons offense committed by a juvenile on at least
two separate occasions and at different times.
i. "Court" means the Superior Court, Chancery Division, Family
Part unless a different meaning is plainly required.
j. "Commission" means the Juvenile Justice Commission established
pursuant to section 2 of P.L. 1995, c.284 (C. 52:17B-170).
2A: 4A-23 Definition of delinquency.
4. Definition of delinquency. As used in this act, "delinquency"
means the commission of an act by a juvenile which if committed by an
adult would constitute:
a. A crime;
b. A disorderly persons offense or petty disorderly persons offense;
or
c. A violation of any other penal statute, ordinance or regulation.
But, the commission of (1) an act which constitutes a violation of
chapter 3, 4, 6 or 8 of Title 39 of the Revised Statutes by a juvenile
of any age; (2) an act relating to the ownership or operation of a motorized
bicycle which constitutes a violation of chapter 3 or 4 of Title 39
of the Revised Statutes by a juvenile of any age; (3) an act which constitutes
a violation of article 3 or 6 of chapter 4 of Title 39 of the Revised
Statutes pertaining to pedestrians and bicycles, by a juvenile of any
age; (4) the commission of an act which constitutes a violation of P.L.
1981, c.318 (C. 26:3D-1 et seq.), P.L. 1981, c.319 (C. 26:3D-7 et seq.),
P.L. 1981, c.320 (C. 26:3D-15 et seq.), P.L. 1985, c.185 (C. 26:3E-7
et seq.), P.L. 1985, c.186 (C. 26:3D-32 et seq.), N.J.S. 2C:33-13, P.L.
1985, c.318 (C. 26:3D-38 et seq.), P.L. 1985, c.381 (C. 26:3D-46 et
seq.), or of any amendment or supplement thereof, by a juvenile of any
age;(5) an act which constitutes a violation of chapter 7 of Title 12
of the Revised Statutes relating to the regulation and registration
of power vessels, by a juvenile of any age or section 2 of P.L. 1987,
c.453 (C.12:7-61); or (6) an act which constitutes a violation of
a municipal ordinance enacted pursuant to section 2 of P.L. 1992,
c.132 (C.40:48-2.52) pertaining to curfew ordinances shall not constitute
delinquency as defined in this act. The municipal court having
jurisdiction over a case involving a violation by a juvenile of a section
of Title 26 listed in this subsection, Title 40 listed in this subsection
or N.J.S. 2C:33-13, shall forward a copy of the record of conviction
in that case to the Family Part intake service of the county where the
municipal court is located. If a municipal court orders detention
or imposes a term of imprisonment on a juvenile in connection with a
violation of Title 39 of the Revised Statutes, chapter 7 of Title 12
of the Revised Statutes, Title 40 of the Revised Statutes or N.J.S.
2C:33-13, that detention or term of imprisonment shall be served at
a suitable juvenile institution and not at a county jail or county workhouse.
2A: 4A-24. Exclusive jurisdiction of the court and nature of
jurisdiction a. Except as otherwise provided
by law, the court shall have exclusive jurisdiction in all cases where
it is charged that a juvenile has committed an act of delinquency and
over all matters relating to a juvenile-family crisis. Upon the determination
that a juvenile has committed an act of delinquency or that a juvenile-family
crisis exists, the court may impose such disposition or dispositions
over those persons subject to its jurisdiction consistent with the
purposes of this act.
Such jurisdiction shall extend in these matters over a
juvenile and his parent, guardian or any family member found by the
court to be contributing to a juvenile-family crisis. The court
shall, in accordance with the Rules of Court, clearly specify the responsibilities
of those subject to its jurisdiction with respect to the plan of rehabilitation
for the juvenile.
b. The court shall have jurisdiction in respect
to the custody of any juvenile who may be held as a material witness
in any case pending in the court. Whenever a juvenile is a material
witness in any other court, the procedures established by this act shall
be followed.
c. Juveniles who appear before the court in any
capacity shall be deemed to be wards of the court and protected
accordingly.
d. Nothing in this act shall affect the jurisdiction
of other courts over offenses committed after a juvenile under the jurisdiction
of the court reaches the age of 18 years.
2A: 4A-25. Transfer from other courts 6. Transfer from other
courts. Except as provided in section 4 of P.L. 1982, c.77 (C.
2A: 4A-23), and unless jurisdiction has been waived under section 7
of P.L. 1982, c.77 (C. 2A: 4A-26), if during the pendency in any other
court of a case charging a person with a crime, offense or violation,
it is ascertained that such person was a juvenile at the time of the
crime, offense or violation charged, such court shall immediately transfer
such case to the Superior Court, Chancery Division, Family Part. The
Family Part shall thereupon proceed in the same manner as if the case
had been instituted under this chapter in the first instance.
2A: 4A-26 Referral to another court without juvenile's consent.
7. Referral to another court without juvenile's consent.
a. On motion of the prosecutor, the court shall, without the consent
of the juvenile, waive jurisdiction over a case and refer that case
from the Superior Court, Chancery Division, Family Part to the appropriate
court and prosecuting authority having jurisdiction if it finds, after
hearing, that:
(1)The juvenile was 14 years of age or older at the time of the charged
delinquent act; and
(2)There is probable cause to believe that the juvenile committed a
delinquent act or acts which if committed by an adult would constitute:
(a)Criminal homicide other than death by auto, strict liability for
drug induced deaths, pursuant to N.J.S. 2C:35-9, robbery which would
constitute a crime of the first degree, carjacking, aggravated sexual
assault, sexual assault, aggravated assault which would constitute a
crime of the second degree, kidnapping or aggravated arson; or
(b)A crime committed at a time when the juvenile had previously been
adjudicated delinquent, or convicted, on the basis of any of the offenses
enumerated in subsection a.(2)(a); or
(c)A crime committed at a time when the juvenile had previously been
sentenced and confined in an adult penal institution; or
(d)An offense against a person committed in an aggressive, violent
and willful manner, other than an offense enumerated in subsection a.(2)(a)
of this section, or the unlawful possession of a firearm, destructive
device or other prohibited weapon, arson or death by auto if the juvenile
was operating the vehicle under the influence of an intoxicating liquor,
narcotic, hallucinogenic or habit producing drug; or
(e)A violation of N.J.S. 2C:35-3, N.J.S. 2C:35-4, or N.J.S. 2C:35-5;
or
(f)Crimes which are a part of a continuing criminal activity in concert
with two or more persons and the circumstances of the crimes show the
juvenile has knowingly devoted himself to criminal activity as a source
of livelihood; or
(g)An attempt or conspiracy to commit any of the acts enumerated in
paragraph (a), (d) or (e) of this subsection; or
(h)Theft of an automobile pursuant to chapter 20 of Title 2C of the
New Jersey Statutes; or
(i)Possession of a firearm with a purpose to use it unlawfully against
the person of another under subsection a. of N.J.S. 2C:39-4, or the
crime of aggravated assault, aggravated criminal sexual contact, burglary
or escape if, while in the course of committing or attempting to commit
the crime including the immediate flight therefrom, the juvenile possessed
a firearm; or
(j)Computer criminal activity which would be a crime of the first or
second degree pursuant to section 4 or section 10 of P.L. 1984. c.184
(C. 2C:20-25 or C. 2C:20-31); and
(3)Except with respect to any of the acts enumerated in subparagraph
(a), (i) or (j) of paragraph (2) of subsection a. of this section, or
with respect to any acts enumerated in subparagraph (e) of paragraph
(2) of subsection a. of this section which involve the distribution
for pecuniary gain of any controlled dangerous substance or controlled
substance analog while on any property used for school purposes which
is owned by or leased to any school or school board, or within 1,000
feet of such school property or while on any school bus, or any attempt
or conspiracy to commit any of those acts, the State has shown that
the nature and circumstances of the charge or the prior record of the
juvenile are sufficiently serious that the interests of the public require
waiver.
b.(Deleted by amendment, P.L. 1999, c.373).
c. An order referring a case shall incorporate therein not only the
alleged act or acts upon which the referral is premised, but also all
other delinquent acts arising out of or related to the same transaction.
d. A motion seeking waiver shall be filed by the prosecutor within
30 days of receipt of the complaint. This time limit shall not, except
for good cause shown, be extended.
e. If the juvenile can show that the probability of his rehabilitation
by the use of the procedures, services and facilities available to the
court prior to the juvenile reaching the age of 19 substantially outweighs
the reasons for waiver, waiver shall not be granted. This subsection
shall not apply with respect to a juvenile 16 years of age or older
who is charged with committing any of the acts enumerated in subparagraph
(a), (i) or (j) of paragraph (2) of subsection a. of this section or
with respect to a violation of N.J.S. 2C:35-3, N.J.S. 2C:35-4 or section
1 of P.L. 1998, c.26 (C. 2C:39-4.1).
f. The Attorney General shall develop for dissemination to the county
prosecutors those guidelines or directives deemed necessary or appropriate
to ensure the uniform application of this section throughout the State.
2A: 4A-27. Referral to other court at election of juvenile
Any juvenile 14 years of age or older charged with delinquency may elect
to have the case transferred to the appropriate court having jurisdiction.
Any juvenile under 14 years of age charged with an offense which,
if committed by an adult, would constitute murder under N.J.S.
2C:11-3 may elect to have the case transferred to the appropriate
court having jurisdiction.
2A: 4A-28. Effect of referral to other court 9. Effect of referral
to other court. Whenever a case is referred to another court as
provided by section 7 of P.L. 1982, c.77 (C. 2A: 4A-26) or section 8
of P.L. 1982, c.77 (C. 2A: 4A-27), that case shall thereafter proceed
in the same manner as if the case had been instituted in that court
in the first instance.
2A: 4A-29. Use of juvenile's testimony at referral hearing 10.
Use of juvenile's testimony at referral hearing. No testimony
of a juvenile at a hearing pursuant to section 7 of P.L. 1982, c.77
(C. 2A: 4A-26) or section 8 of P.L. 1982, c.77 (C. 2A: 4A-27) shall
be admissible for any purpose in any hearing to determine delinquency
or guilt of any offense.
2A: 4A-30. Complaints and petitions a.
Complaints charging delinquency may be signed by any person who has
knowledge of the facts alleged to constitute delinquency or is informed
of such facts and believes that they are true. The complaint
shall be filed with the clerk of the court and shall set forth:
(1) The name, address, and date of birth of the juvenile;
(2) The name and address of the juvenile's parents
or guardian and, if the juvenile is in custody of some other person,
the name and address of the custodian;
(3) The date, time, manner, and place of the acts alleged
as the basis of the complaint;
(4) A citation of the law or ordinance allegedly violated
by the juvenile; and
(5) The signature of the complainant.
b. Petitions alleging that a juvenile-family
crisis exists shall be signed by court intake services pursuant
to section 8 of P.L. 1982, c. 80 (C. 2A: 4A-83). The petition
shall be filed with the clerk of the court and shall set forth:
(1) The name, address, and date of birth of the juvenile;
(2) The name and address of the juvenile's parents
or guardian and, if the juvenile is in custody of some other person,
the name and address of the custodian;
(3) The date, time, manner, and place of the behavior,
conduct, or condition alleged as the basis of the petition;
and
(4) The signature of the petitioner.
c. Complaints and petitions shall be in such
form as prescribed by the Rules of Court.
2A: 4A-31. Taking into custody a. A juvenile
may be taken into custody:
(1) Pursuant to an order or warrant of any court having
jurisdiction; or
(2) For delinquency, when there has been no process
issued by a court, by a law enforcement officer, pursuant to the
laws of arrest and the Rules of Court.
b. Except where delinquent conduct is alleged, a
juvenile may be taken into short-term custody by a law enforcement
officer without order of the court when:
(1) The officer has reasonable grounds to believe that
the health and safety of the juvenile is seriously in danger and
taking into immediate custody is necessary for his protection;
(2) The officer has reasonable grounds to believe the
juvenile has left the home and care of his parents or guardian
without the consent of such persons; or
(3) An agency legally charged with the supervision of
a child has notified the law enforcement agency that the child has run
away from out of home placement, provided, however, that in any case
where the law enforcement officer believes that the juvenile is an
"abused or neglected child" as defined in section 1
of P.L. 1974, c. 119 (C. 9:6-8.21), the officer shall handle the case
pursuant to the procedure set forth in that act.
c. The taking of a juvenile into custody shall not
be construed as an arrest, but shall be deemed a measure to protect
the health, morals and well being of the juvenile.
2A: 4A-32. Short-term custody 13. Short-term custody.
a. Under no circumstances shall any juvenile taken into short-term
custody under section 12 of P.L. 1982, c.77 (C. 2A: 4A-31) be held more
than six hours. A juvenile taken into short-term custody shall
not be retained in a detention facility or jail. As used in this
section, the juvenile-family crisis intervention unit means that unit
established pursuant to P.L. 1982, c.80 (C. 2A: 4A-76 et seq.).
b. An officer taking a juvenile into short-term custody shall inform
the juvenile of the reason for custody and shall where possible transport,
or arrange to have the juvenile transported to his home. The officer
releasing a juvenile from such custody shall inform the juvenile's parents
or guardian and the juvenile-family crisis intervention unit of the
reason for taking the juvenile into custody and may, if he believes
further services are needed, inform the juvenile and his parents of
the nature and location of appropriate services.
c. A law enforcement officer taking a juvenile into short-term custody
may transport the juvenile to the home of a relative of the juvenile
or to the home of another responsible adult or make arrangement for
such transportation where the officer reasonably believes that the child
will be provided with adequate care and supervision and that the child
will remain in custody of the adult until such time as the juvenile-family
crisis intervention unit can bring about the child's return home or
an alternative living arrangement or out of home placement. A
law enforcement officer placing a juvenile with a relative or responsible
adult shall immediately notify the juvenile-family crisis intervention
unit of this fact and the reason for taking the juvenile into custody.
d. A law enforcement officer acting reasonably and in good faith pursuant
to this section in releasing a juvenile to a person other than a parent
of a juvenile is immune from civil or criminal liability for his action.
A person other than a parent of the juvenile who receives a child pursuant
to this section and who acts reasonably and in good faith in doing so
is immune from civil or criminal liability for the act of receiving
the child. Immunity shall not release a person from liability under
any other laws, including the laws regulating licensed child care or
prohibiting child abuse and neglect.
2A: 4A-33. Taking into custody; notice to parents
a. Any person taking a juvenile into custody shall immediately
notify the parents, or the juvenile's guardian, if any, that the juvenile
has been taken into custody.
2A: 4A-34. Criteria for placing juvenile in detention
Criteria for placing juvenile in detention.
a. Where it will not adversely
affect the health, safety or welfare of a juvenile, the juvenile shall
be released pending the disposition of a case, if any, to any person
or agency provided for in this section upon assurance being received
that such person or persons accept responsibility for the juvenile and
will bring him before the court as ordered.
b. No juvenile shall be placed in detention
without the permission of a judge or the court intake service.
c. A juvenile charged with delinquency may
not be placed or retained in detention under this act prior to disposition,
except as otherwise provided by law, unless:
(1) Detention is necessary to secure the presence
of the juvenile at the next hearing as evidenced by a demonstrable record
of recent willful failure to appear at juvenile court proceedings or
to remain where placed by the court or the court intake service; or
(2) The physical safety of persons or property of
the community would be seriously threatened if the juvenile were not
detained and the juvenile is charged with an offense which, if committed
by an adult would constitute a crime; or
(3) When the criteria for detention are met and
the juvenile is charged with an offense which, if committed by an adult,
would constitute a disorderly persons or petty disorderly persons offense,
the juvenile may be placed in detention temporarily. Police and
court intake personnel shall make all reasonable efforts to locate a
parent or guardian to accept custody of the juvenile prior to requesting
or approving the juvenile's placement in detention. If, after
the initial detention hearing, continued detention is necessary, the
juvenile shall not be detained in a secure facility but shall be transferred
to a shelter or other non-secure placement.
d. The judge or court intake officer prior
to making a decision of detention shall consider and, where appropriate,
employ any of the following alternatives:
(1) Release to parents;
(2) Release on juvenile's promise to appear
at next hearing;
(3) Release to parents, guardian or custodian upon
written assurance to secure the juvenile's presence at the next hearing;
(4) Release into care of a custodian or public or private
agency reasonably capable of assisting the juvenile to appear at the
next hearing;
(5) Release with imposition of restrictions on activities,
associations, movements and residence reasonably related to securing
the appearance of the juvenile at the next hearing;
(6) Release with required participation in
a home detention program;
(7) Placement in a shelter care facility; or
(8) Imposition of any other restrictions other than
detention or shelter care reasonably related to securing the appearance
of the juvenile.
e. In determining whether detention is appropriate
for the juvenile, the following factors shall be considered:
(1) The nature and circumstances of the offense
charged;
(2) The age of the juvenile;
(3) The juvenile's ties to the community;
(4) The juvenile's record of prior adjudications,
if any; and
(5) The juvenile's record of appearance or nonappearance
at previous court proceedings.
f. No juvenile 11 years of age or under shall
be placed in detention unless he is charged with an offense which, if
committed by an adult, would be a crime of the first or second degree
or arson.
g. If the court places a juvenile in detention,
the court shall state on the record its reasons for that detention.
2A: 4A-35. Release of juvenile on own recognizance
A juvenile charged with delinquency may be released at either the police
or court level on his own recognizance if all of the following
circumstances have been met:
a. The nature of the offense charged is not such
that a danger to the community would exist if the juvenile were released;
b. There is no parent, guardian or other appropriate
adult custodian to whom the juvenile could be released and all reasonable
measures have been exhausted by either police or court personnel to
locate and contact any such person;
c. The juvenile is at least 14 years of age;
d. The identity and address of the juvenile
are verified through a positive form of identification;
and
e. Reasonable certainty exists on the part
of the releasing authority that upon release, the juvenile will
return to school or home safely and will appear at his hearing.
2A: 4A-36. Detention of waiver cases a.
If the court waives jurisdiction over a case and refers that case to
the appropriate court and prosecuting authority, there shall be
a hearing before the court waiving jurisdiction to decide whether
to remand the juvenile to a juvenile or adult detention facility.
The decision shall be based on the best interests of the juvenile
and protection of the public, and shall take into account such
factors as the juvenile's age and maturity, the nature and circumstances
of the offense charged, the juvenile's prior offense history, the
programs at each of the detention facilities, and any other relevant
factors.
b. No juvenile who has been waived to an appropriate
adult court may be remanded to an adult detention facility prior to
the hearing provided for in subsection a.
2A: 4A-37 Place of detention or shelter.
18. Place of detention or shelter. a. The Juvenile Justice Commission
established pursuant to section 2 of P.L. 1995, c.284 (C. 52:17B-170)
shall specify the place where a juvenile may be detained; and the Department
of Human Services shall specify where a juvenile may be placed in shelter.
b. No juvenile shall be placed in detention or shelter care in any
place other than that specified by the Juvenile Justice Commission or
Department of Human Services as provided in subsection a.
c. A juvenile being held for a charge under this act or for a violation
of or contempt in connection with a violation of Title 39 of the Revised
Statutes, chapter 7 of Title 12 of the Revised Statutes or N.J.S. 2C:33-13,
including a juvenile who has reached the age of 18 years after being
charged, shall not be placed in any prison, jail or lockup nor detained
in any police station, except that if no other facility is reasonably
available a juvenile may be held in a police station in a place other
than one designed for the detention of prisoners and apart from any
adult charged with or convicted of a crime for a brief period if such
holding is necessary to allow release to his parent, guardian, other
suitable person, or approved facility. No juvenile shall be placed
in a detention facility which has reached its maximum population capacity,
as designated by the Juvenile Justice Commission.
d. No juvenile charged with delinquency shall be transferred to an
adult county jail solely by reason of having reached age 18. The
following standards shall apply to any juvenile who has been placed
on probation pursuant to section 24 of P.L. 1982, c.77 (C. 2A: 4A-43)
and who violates the conditions of that probation after reaching the
age of 18; who has been placed on parole pursuant to the provisions
of the "Parole Act of 1979," P.L. 1979, c.441 (C.30:4-123.45
et seq.) and who violates the conditions of that parole after reaching
the age of 18;or who is arrested after reaching the age of 18 on a warrant
emanating from the commission of an act of juvenile delinquency:
(1)In the case of a person 18 years of age but less than 20 years of
age, the court, upon application by any interested party, shall determine
the place of detention, taking into consideration the age and maturity
of the person, whether the placement of the person in a juvenile detention
facility would present a risk to the safety of juveniles residing at
the facility, the likelihood that the person would influence in a negative
manner juveniles incarcerated at the facility, whether the facility
has sufficient space available for juveniles and any other factor the
court deems appropriate. Upon application at any time by the juvenile
detention facility administrator or any other interested party, the
court may order that the person be relocated to the county jail.
The denial of an application shall not preclude subsequent applications
based on a change in circumstances or information that was not previously
made available to the court. The determination of the place of
detention shall be made in a summary manner;
(2)In the case of a person 20 years of age or older, the person shall
be incarcerated in the county jail unless good cause is shown.
e. (1) The Juvenile Justice Commission and the Department of Human
Services shall promulgate such rules and regulations from time to time
as deemed necessary to establish minimum physical facility and program
standards for juvenile detention facilities or shelters under their
respective supervision.
(2)The Juvenile Justice Commission and the Department of Human Services,
in consultation with the appropriate county administrator of the county
facility or shelter, shall assign a maximum population capacity for
each juvenile detention facility or shelter based on minimum standards
for these facilities.
f. (1) Where either the Juvenile Justice Commission or the Department
of Human Services determines that a juvenile detention facility or shelter
under its control or authority is regularly over the maximum population
capacity or is in willful and continuous disregard of the minimum standards
for these facilities or shelters, the commission or department may restrict
new admissions to the facility or shelter.
(2)Upon making such determination, the commission or department shall
notify the governing body of the appropriate county of its decision
to impose such a restriction, which notification shall include a written
statement specifying the reasons therefor and corrections to be made.
If the commission or department shall determine that no appropriate
action has been initiated by the administrator of the facility or shelter
within 60 days following such notification to correct the violations
specified in the notification, it shall order that such juvenile detention
facility or shelter shall immediately cease to admit juveniles.
The county shall be entitled to a hearing where such a restriction is
imposed by the commission or department.
(3)Any juvenile detention facility or shelter so restricted shall continue
under such order until such time as the commission or department determines
that the violation specified in the notice has been corrected or that
the facility or shelter has initiated actions which will ensure the
correction of said violations.
(4)Upon the issuance of an order to cease admissions to a juvenile
detention facility or shelter, the commission or department shall determine
whether other juvenile detention facilities or shelters have adequate
room for admitting juveniles and shall assign the juveniles to the facilities
or shelters on the basis of available space; provided that the department
shall not assign the juvenile to a facility or shelter where such facility
or shelter is at the maximum population. A juvenile detention
facility or shelter ordered to accept a juvenile shall do so within
five days following the receipt of an order to accept admission of such
juvenile.
(5)A juvenile detention facility or shelter restricted by an order
to cease admissions shall assume responsibility for the transportation
of a juvenile sent to another juvenile detention facility or shelter
so long as the order shall remain in effect.
(6)A facility or shelter receiving juveniles pursuant to paragraph
(4) of this subsection shall receive from the sending county a reasonable
and appropriate per diem allowance for each juvenile sent to the facility,
such allowance to be used for the custody, care, maintenance, and any
other services normally provided by the county to juveniles in the facility
or shelter and which reflects all county expenditures in maintaining
such juvenile, including a proportionate share of all buildings and
grounds costs, personnel costs, including fringe benefits, administrative
costs and all other direct and indirect costs.
(7)The governing body of a county whose juvenile detention facility
or shelter has been prohibited from accepting new admissions, and whose
juveniles have been assigned to other juvenile detention facilities
or shelters, shall appropriate an amount to pay the county receiving
such juveniles for all expenses incurred pursuant to paragraph (6) of
this subsection.
2A: 4A-38. Detention hearing 19. Detention hearing. a.
When a juvenile is taken into custody and detained a complaint shall
be filed forthwith as provided by the Rules of Court. The court shall
determine whether detention is required pursuant to the criteria provided
for in section 15 of P.L. 1982, c.77 (C. 2A: 4A-34).
b. Notice of the detention hearing, either oral or written, stating
the time, place, and purpose of the hearing shall be given to the juvenile
and to the juvenile's parent or parents, or guardian, if any, if they
can be contacted.
c. The detention hearing shall be conducted in accordance with the
Rules of Court and shall be attended by the juvenile and one or both
parents, or guardian, but may take place in the absence of parent or
guardian if such notice or process fails to produce their attendance.
d. When the judge finds that detention is not necessary or required,
the court shall order the juvenile's release and may place such conditions,
if any, upon release as are consistent with the purposes of this act,
the Rules of Court, and as are provided for in section 15 of P.L. 1982,
c.77 (C. 2A: 4A-34).
e. The initial detention hearing shall be held no later than the morning
following the juvenile's placement in detention including weekends and
holidays.
f. If a delinquency complaint has not been filed by the time the initial
detention hearing has been held, the juvenile shall be released from
custody immediately.
g. When the court determines that detention is necessary pursuant to
section 15 of P.L. 1982, c.77 (C. 2A: 4A-34), the court order continuing
the juvenile's detention shall be supported by reasons and findings
of fact on the record.
h. If the juvenile is not represented by counsel at the initial detention
hearing and if the court continues the juvenile's detention after the
hearing, the court shall forthwith schedule a second detention hearing
to be held within two court days thereafter at which time the juvenile
shall be represented by counsel as provided by the Rules of Court.
i. There shall be a probable cause determination where a juvenile has
been charged with delinquency and has been placed in detention, within
two court days after the initial hearing or, where a second detention
hearing is necessary pursuant to subsection h. of this section, at that
hearing.
j. A detention review hearing with counsel shall be held within 14
court days of the prior detention hearing and if detention is continued,
detention review hearings shall be held thereafter at intervals not
to exceed 21 court days.
k. When a juvenile is detained, an adjudicatory hearing shall be held
no later than 30 days from the date of detention. If no adjudicatory
hearing is held within 30 days, the court shall, within 72 hours of
a motion by the juvenile, fix a date certain for the adjudicatory hearing
unless an extension is granted by the court for good cause shown.
Written notice of any application for a postponement shall be sent to
the juvenile's counsel who shall have the right to be heard on the application.
l. When a juvenile has been adjudicated delinquent and is awaiting
transfer to a dispositional alternative that does not involve a secure
residential or out-of-home placement and continued detention is necessary,
the juvenile shall be transferred to a non-secure facility.
2A: 4A-39. Right to counsel a. A juvenile
shall have the right, as provided by the Rules of Court, to be represented
by counsel at every critical stage in the proceeding which, in the opinion
of the court may result in the institutional commitment of the juvenile.
b. During every court proceeding in a delinquency
case, the waiving of any right afforded to a juvenile shall be
done in the following manner:
(1) A juvenile who is found to be competent may not waive
any rights except in the presence of and after consultation with
counsel, and unless a parent has first been afforded a reasonable
opportunity to consult with the juvenile and the juvenile's counsel
regarding this decision. The parent or guardian may not
waive the rights of a competent juvenile.
(2) Any such waiver shall be executed in writing or recorded.
Before the court may accept a waiver, the court shall question the juvenile
and his counsel to determine if the juvenile is knowingly, willingly
and voluntarily waiving his right. If the court finds after questioning
the juvenile that the waiver is not being made voluntarily and intelligently,
the waiver shall be denied.
(3) An incompetent juvenile may not waive any right.
A guardian ad litem shall be appointed for the juvenile who may waive
rights after consultation with counsel for the juvenile, and the juvenile.
(4) Waivers shall be executed in the language regularly
spoken by the juvenile.
2A: 4A-40. Rights of juveniles All defenses
available to an adult charged with a crime, offense or violation shall
be available to a juvenile charged with committing an act of delinquency.
All rights guaranteed to criminal defendants by the Constitution
of the United States and the Constitution of this State, except the
right to indictment, the right to trial by jury and the right to bail,
shall be applicable to cases arising under this act.
2A: 4A-41. Dispositional hearing Where a juvenile
is adjudicated delinquent, the disposition of the case shall be entered
within 30 days of such adjudication if the juvenile has been placed
in a detention center or shelter-care facility. If the juvenile
is so placed and no disposition of the case is made after 30 days, the
court shall, upon motion of the juvenile, fix a date certain for the
dispositional hearing which shall be within 10 days of the motion, unless
an extension is granted by the court for good cause shown. Disposition
shall be made in all other cases within 60 days unless an extension
is granted by the court where good cause is shown. The court shall
provide written notice to the proper parties as to the date, time and
place of such hearing and do so sufficiently in advance of the hearing
to allow adequate time for preparation.
2A: 4A-42 Predispositional evaluation.
23. Predispositional evaluation. a. Before making a disposition, the
court may refer the juvenile to an appropriate individual, agency or
institution for examination and evaluation.
b. In arriving at a disposition, the court may also consult with such
individuals and agencies as may be appropriate to the juvenile's situation,
including the county probation division, the Division of Youth and Family
Services, the Juvenile Justice Commission established pursuant to section
2 of P.L. 1995, c.284 (C. 52:17B-170), the county youth services commission,
school personnel, clergy, law enforcement authorities, family members
and other interested and knowledgeable parties. In so doing, the
court may convene a predispositional conference to discuss and recommend
disposition.
c. The predisposition report ordered pursuant to the Rules of Court
may include a statement by the victim of the offense for which the juvenile
has been adjudicated delinquent or by the nearest relative of a homicide
victim. The statement may include the nature and extent of any physical
harm or psychological or emotional harm or trauma suffered by the victim,
the extent of any loss to include loss of earnings or ability to work
suffered by the victim and the effect of the crime upon the victim's
family. The probation division shall notify the victim or nearest
relative of a homicide victim of his right to make a statement for inclusion
in the predisposition report if the victim or relative so desires.
Any statement shall be made within 20 days of notification by the probation
division. The report shall further include information on the financial
resources of the juvenile. This information shall be made available
on request to the Victims of Crime Compensation Board established pursuant
to section 3 of P.L. 1971, c.317 (C. 52:4B-3) or to any officer authorized
under section 3 of P.L. 1979, c.396 (C. 2C:46-4) to collect payment
of an assessment, restitution or fine. Any predisposition report
prepared pursuant to this section shall include an analysis of the circumstances
attending the commission of the act, the impact of the offense on the
community, the offender's history of delinquency or criminality, family
situation, financial resources, the financial resources of the juvenile's
parent or guardian, and information concerning the parent or guardian's
exercise of supervision and control relevant to commission of the act.
Information concerning financial resources included in the report shall
be made available to any officer authorized to collect payment on any
assessment, restitution or fine.
2A: 4A-43 Disposition of delinquency cases.
24. Disposition of delinquency cases. a. In determining the appropriate
disposition for a juvenile adjudicated delinquent the court shall weigh
the following factors:
(1)The nature and circumstances of the offense;
(2)The degree of injury to persons or damage to property caused by
the juvenile's offense;
(3)The juvenile's age, previous record, prior social service received
and out-of-home placement history;
(4)Whether the disposition supports family strength, responsibility
and unity and the well-being and physical safety of the juvenile;
(5)Whether the disposition provides for reasonable participation by
the child's parent, guardian, or custodian, provided, however, that
the failure of a parent or parents to cooperate in the disposition shall
not be weighed against the juvenile in arriving at an appropriate disposition;
(6)Whether the disposition recognizes and treats the unique physical,
psychological and social characteristics and needs of the child;
(7)Whether the disposition contributes to the developmental needs of
the child, including the academic and social needs of the child where
the child has mental retardation or learning disabilities;
(8)Any other circumstances related to the offense and the juvenile's
social history as deemed appropriate by the court;
(9)The impact of the offense on the victim or victims;
(10) The impact of the offense on the community; and
(11) The threat to the safety of the public or any individual posed
by the child.
b. If a juvenile is adjudged delinquent, and except to the extent that
an additional specific disposition is required pursuant to subsection
e. or f. of this section, the court may order incarceration pursuant
to section 25 of P.L. 1982, c.77 (C. 2A: 4A-44) or any one or more of
the following dispositions:
(1)Adjourn formal entry of disposition of the case for a period not
to exceed 12 months for the purpose of determining whether the juvenile
makes a satisfactory adjustment, and if during the period of continuance
the juvenile makes such an adjustment, dismiss the complaint; provided
that if the court adjourns formal entry of disposition of delinquency
for a violation of an offense defined in chapter 35 or 36 of Title 2C
of the New Jersey Statutes the court shall assess the mandatory penalty
set forth in N.J.S. 2C:35-15 but may waive imposition of the penalty
set forth in N.J.S. 2C:35-16 for juveniles adjudicated delinquent;
(2)Release the juvenile to the supervision of the juvenile's parent
or guardian;
(3)Place the juvenile on probation to the chief probation officer of
the county or to any other suitable person who agrees to accept the
duty of probation supervision for a period not to exceed three years
upon such written conditions as the court deems will aid rehabilitation
of the juvenile;
(4)Transfer custody of the juvenile to any relative or other person
determined by the court to be qualified to care for the juvenile;
(5)Place the juvenile under the care of the Department of Human Services
under the responsibility of the Division of Youth and Family Services
pursuant to P.L. 1951, c.138 (C. 30:4C-1 et seq.) for the purpose of
providing services in or out of the home. Within 14 days, unless
for good cause shown, but not later than 30 days, the Department of
Human Services shall submit to the court a service plan, which shall
be presumed valid, detailing the specifics of any disposition order.
The plan shall be developed within the limits of fiscal and other resources
available to the department. If the court determines that the
service plan is inappropriate, given existing resources, the department
may request a hearing on that determination;
(6)Place the juvenile under the care and custody of the Commissioner
of the Department of Human Services for the purpose of receiving the
services of the Division of Developmental Disabilities of that department,
provided that the juvenile has been determined to be eligible for those
services under P.L. 1965, c.59, s.16 (C.30:4-25.4);
(7)Commit the juvenile, pursuant to applicable laws and the Rules of
Court governing civil commitment, to the Department of Human Services
under the responsibility of the Division of Mental Health Services for
the purpose of placement in a suitable public or private hospital or
other residential facility for the treatment of persons who are mentally
ill, on the ground that the juvenile is in need of involuntary commitment;
(8)Fine the juvenile an amount not to exceed the maximum provided by
law for such a crime or offense if committed by an adult and which is
consistent with the juvenile's income or ability to pay and financial
responsibility to the juvenile's family, provided that the fine is specially
adapted to the rehabilitation of the juvenile or to the deterrence of
the type of crime or offense. If the fine is not paid due to financial
limitations, the fine may be satisfied by requiring the juvenile to
submit to any other appropriate disposition provided for in this section;
(9)Order the juvenile to make restitution to a person or entity who
has suffered loss resulting from personal injuries or damage to property
as a result of the offense for which the juvenile has been adjudicated
delinquent. The court may determine the reasonable amount, terms
and conditions of restitution. If the juvenile participated in
the offense with other persons, the participants shall be jointly and
severally responsible for the payment of restitution. The court shall
not require a juvenile to make full or partial restitution if the juvenile
reasonably satisfies the court that the juvenile does not have the means
to make restitution and could not reasonably acquire the means to pay
restitution;
(10) Order that the juvenile perform community services under the supervision
of a probation division or other agency or individual deemed appropriate
by the court. Such services shall be compulsory and reasonable
in terms of nature and duration. Such services may be performed
without compensation, provided that any money earned by the juvenile
from the performance of community services may be applied towards any
payment of restitution or fine which the court has ordered the juvenile
to pay;
(11) Order that the juvenile participate in work programs which are
designed to provide job skills and specific employment training to enhance
the employability of job participants. Such programs may be without
compensation, provided that any money earned by the juvenile from participation
in a work program may be applied towards any payment of restitution
or fine which the court has ordered the juvenile to pay;
(12) Order that the juvenile participate in programs emphasizing self-reliance,
such as intensive outdoor programs teaching survival skills, including
but not limited to camping, hiking and other appropriate activities;
(13) Order that the juvenile participate in a program of academic or
vocational education or counseling, such as a youth service bureau,
requiring attendance at sessions designed to afford access to opportunities
for normal growth and development. This may require attendance
after school, evenings and weekends;
(14) Place the juvenile in a suitable residential or nonresidential
program for the treatment of alcohol or narcotic abuse, provided that
the juvenile has been determined to be in need of such services;
(15) Order the parent or guardian of the juvenile to participate in
appropriate programs or services when the court has found either that
such person's omission or conduct was a significant contributing factor
towards the commission of the delinquent act, or, under its authority
to enforce litigant's rights, that such person's omission or conduct
has been a significant contributing factor towards the ineffective implementation
of a court order previously entered in relation to the juvenile;
(16) (a) Place the juvenile in a nonresidential program operated by
a public or private agency, providing intensive services to juveniles
for specified hours, which may include education, counseling to the
juvenile and the juvenile's family if appropriate, vocational training,
employment counseling, work or other services;
(b)Place the juvenile under the custody of the Juvenile Justice Commission
established pursuant to section 2 of P.L. 1995, c.284 (C. 52:17B-170)
for placement with any private group home or private residential facility
with which the commission has entered into a purchase of service contract;
(17) Instead of or in addition to any disposition made according to
this section, the court may postpone, suspend, or revoke for a period
not to exceed two years the driver's license, registration certificate,
or both of any juvenile who used a motor vehicle in the course of committing
an act for which the juvenile was adjudicated delinquent. In imposing
this disposition and in deciding the duration of the postponement, suspension,
or revocation, the court shall consider the severity of the delinquent
act and the potential effect of the loss of driving privileges on the
juvenile's ability to be rehabilitated. Any postponement, suspension,
or revocation shall be imposed consecutively with any custodial commitment;
(18) Order that the juvenile satisfy any other conditions reasonably
related to the rehabilitation of the juvenile;
(19) Order a parent or guardian who has failed or neglected to exercise
reasonable supervision or control of a juvenile who has been adjudicated
delinquent to make restitution to any person or entity who has suffered
a loss as a result of that offense. The court may determine the
reasonable amount, terms and conditions of restitution; or
(20) Place the juvenile, if eligible, in an appropriate juvenile offender
program established pursuant to P.L. 1997, c.81 (C.30:8-61 et al.).
c. (1) Except as otherwise provided in subsections e. and f. of this
section, if the county in which the juvenile has been adjudicated delinquent
has a juvenile detention facility meeting the physical and program standards
established pursuant to this subsection by the Juvenile Justice Commission,
the court may, in addition to any of the dispositions not involving
placement out of the home enumerated in this section, incarcerate the
juvenile in the youth detention facility in that county for a term not
to exceed 60 consecutive days. Counties which do not operate their
own juvenile detention facilities may contract for the use of approved
commitment programs with counties with which they have established agreements
for the use of pre-disposition juvenile detention facilities. The Juvenile
Justice Commission shall promulgate such rules and regulations from
time to time as deemed necessary to establish minimum physical facility
and program standards for the use of juvenile detention facilities pursuant
to this subsection.
(2)No juvenile may be incarcerated in any county detention facility
unless the county has entered into an agreement with the Juvenile Justice
Commission concerning the use of the facility for sentenced juveniles.
Upon agreement with the county, the Juvenile Justice Commission shall
certify detention facilities which may receive juveniles sentenced pursuant
to this subsection and shall specify the capacity of the facility that
may be made available to receive such juveniles; provided, however,
that in no event shall the number of juveniles incarcerated pursuant
to this subsection exceed 50% of the maximum capacity of the facility.
(3)The court may fix a term of incarceration under this subsection
where:
(a)The act for which the juvenile was adjudicated delinquent, if committed
by an adult, would have constituted a crime or repetitive disorderly
persons offense;
(b)Incarceration of the juvenile is consistent with the goals of public
safety, accountability and rehabilitation and the court is clearly convinced
that the aggravating factors substantially outweigh the mitigating factors
as set forth in section 25 of P.L. 1982, c.77 (C. 2A: 4A-44); and
(c)The detention facility has been certified for admission of adjudicated
juveniles pursuant to paragraph (2).
(4)If as a result of incarceration of adjudicated juveniles pursuant
to this subsection, a county is required to transport a predisposition
juvenile to a juvenile detention facility in another county, the costs
of such transportation shall be borne by the Juvenile Justice Commission.
d. Whenever the court imposes a disposition upon an adjudicated delinquent
which requires the juvenile to perform a community service, restitution,
or to participate in any other program provided for in this section
other than subsection c., the duration of the juvenile's mandatory participation
in such alternative programs shall extend for a period consistent with
the program goal for the juvenile and shall in no event exceed one year
beyond the maximum duration permissible for the delinquent if the juvenile
had been committed to a term of incarceration.
e. In addition to any disposition the court may impose pursuant to
this section or section 25 of P.L. 1982, c.77 (C. 2A: 4A-44), the following
orders shall be included in dispositions of the adjudications set forth
below:
(1)An order of incarceration for a term of the duration authorized
pursuant to this section or section 25 of P.L. 1982, c.77 (C. 2A: 4A-44)
or an order to perform community service pursuant to paragraph (10)
of subsection b. of this section for a period of at least 60 days, if
the juvenile has been adjudicated delinquent for an act which, if committed
by an adult, would constitute the crime of theft of a motor vehicle,
or the crime of unlawful taking of a motor vehicle in violation of subsection
c. of N.J.S. 2C:20-10, or the third degree crime of eluding in violation
of subsection b. of N.J.S. 2C:29-2;
(2)An order of incarceration for a term of the duration authorized
pursuant to this section or section 25 of P.L. 1982, c.77 (C. 2A: 4A-44)
which shall include a minimum term of 60 days during which the juvenile
shall be ineligible for parole, if the juvenile has been adjudicated
delinquent for an act which, if committed by an adult, would constitute
the crime of aggravated assault in violation of paragraph (6) of subsection
b. of N.J.S. 2C:12-1, the second degree crime of eluding in violation
of subsection b. of N.J.S. 2C:29-2, or theft of a motor vehicle, in
a case in which the juvenile has previously been adjudicated delinquent
for an act, which if committed by an adult, would constitute unlawful
taking of a motor vehicle or theft of a motor vehicle;
(3)An order to perform community service pursuant to paragraph (10)
of subsection b. of this section for a period of at least 30 days, if
the juvenile has been adjudicated delinquent for an act which, if committed
by an adult, would constitute the fourth degree crime of unlawful taking
of a motor vehicle in violation of subsection b. of N.J.S. 2C:20-10;
(4)An order of incarceration for a term of the duration authorized
pursuant to this section or section 25 of P.L. 1982, c.77 (C. 2A: 4A-44)
which shall include a minimum term of 30 days during which the juvenile
shall be ineligible for parole, if the juvenile has been adjudicated
delinquent for an act which, if committed by an adult, would constitute
the crime of unlawful taking of a motor vehicle in violation of N.J.S.
2C:20-10 or the third degree crime of eluding in violation of subsection
b. of N.J.S. 2C:29-2, and if the juvenile has previously been adjudicated
delinquent for an act which, if committed by an adult, would constitute
either theft of a motor vehicle, the unlawful taking of a motor vehicle
or eluding.
f. (1) The minimum terms of incarceration required pursuant to subsection
e. of this section shall be imposed regardless of the weight or balance
of factors set forth in this section or in section 25 of P.L. 1982,
c.77 (C. 2A: 4A-44), but the weight and balance of those factors shall
determine the length of the term of incarceration appropriate, if any,
beyond any mandatory minimum term required pursuant to subsection e.
of this section.
(2)When a court in a county that does not have a juvenile detention
facility or a contractual relationship permitting incarceration pursuant
to subsection c. of this section is required to impose a term of incarceration
pursuant to subsection e. of this section, the court may, subject to
limitations on commitment to State correctional facilities of juveniles
who are under the age of 11 or developmentally disabled, set a term
of incarceration consistent with subsection c. which shall be served
in a State correctional facility. When a juvenile who because of age
or developmental disability cannot be committed to a State correctional
facility or cannot be incarcerated in a county facility, the court shall
order a disposition appropriate as an alternative to any incarceration
required pursuant to subsection e.
(3)For purposes of subsection e. of this section, in the event that
a "boot camp" program for juvenile offenders should be developed
and is available, a term of commitment to such a program shall be considered
a term of incarceration.
g. Whenever the court imposes a disposition upon an adjudicated delinquent
which requires the juvenile to perform a community service, restitution,
or to participate in any other program provided for in this section,
the order shall include provisions which provide balanced attention
to the protection of the community, accountability for offenses committed,
fostering interaction and dialogue between the offender, victim and
community and the development of competencies to enable the child to
become a responsible and productive member of the community.
2A: 4A-43.2. Additional penalty for juvenile adjudicated delinquent
5. In addition to any other penalty imposed by the court, any juvenile
adjudicated delinquent for an offense which, if committed by an adult,
would constitute criminal mischief pursuant to N.J.S. 2C:17-3, attempting
to put another in fear of bodily violence pursuant to section 1 of P.L.
1981, c.282 (C. 2C:33-10), or defacement of private property pursuant
to section 2 of P.L. 1981, c.282 (C. 2C:33-11), involving an act of
graffiti, may be required either to pay to the owner of the damaged
property monetary restitution in the amount of pecuniary damage caused
by the act of graffiti or to perform community service, which shall
include removing the graffiti from the property, if appropriate.
If community service is ordered, it shall be for either not less than
20 days or not less than the number of days necessary to remove the
graffiti from the property.
2A: 4A-43.3. Suspension, postponement of right to operate motor vehicle
6. Instead of or in addition to any other disposition ordered by the
court under section 24 of P.L. 1982, c.77 (C. 2A: 4A-43) for an initial
act of graffiti committed by a person at least 13 and under 18 years
of age, the court, considering the factors provided in paragraph (17)
of subsection b. of section 24 of P.L. 1983, c.77 (C. 2A: 4A-43), may
suspend or postpone for one year that person's right to operate a motor
vehicle including a motorized bicycle. In the case of a person
who at the time of the imposition of sentence is less than 17 years
of age, the period of the suspension of driving privileges authorized
herein, including a suspension of the privilege of operating a motorized
bicycle, shall commence on the day the sentence is imposed and shall
run for a period of one year after the day the person reaches the age
of 17 years. If the driving privilege of any person is under revocation,
suspension, or postponement for a violation of any provision of this
Title or Title 39 of the Revised Statutes at the time of any conviction
or adjudication of delinquency for a violation of any offense defined
in this section, the revocation, suspension, or postponement period
imposed herein shall commence as of the date of termination of the existing
revocation, suspension, or postponement.
A second or subsequent offense may result in the suspension or postponement
of the person's right to operate a motor vehicle for two years.
If a second or subsequent offense occurs during a period when the person
has had this right suspended or postponed, the person's right to operate
a motor vehicle may be suspended or postponed for an additional two
years to run consecutively.
The court before whom any person is convicted of or adjudicated delinquent
for a violation shall collect forthwith the New Jersey driver's license
or licenses of the person and forward such license or licenses to the
Director of the Division of Motor Vehicles along with a report indicating
the first and last day of the suspension or postponement period imposed
by the court pursuant to this section. If the court is for any reason
unable to collect the license or licenses of the person, the court shall
cause a report of the conviction or adjudication of delinquency to be
filed with the director. That report shall include the complete name,
address, date of birth, eye color, and sex of the person and shall indicate
the first and last day of the suspension or postponement period imposed
by the court pursuant to this section. The court shall inform
the person orally and in writing that if the person is convicted of
personally operating a motor vehicle during the period of license suspension
or postponement imposed pursuant to this section the person shall, upon
conviction, be subject to the penalties set forth in R.S. 39:3-40.
A person shall be required to acknowledge receipt of the written notice
in writing. Failure to receive a written notice or failure to acknowledge
in writing the receipt of a written notice shall not be a defense to
a subsequent charge of violation of R.S. 39:3-40. If the person
is the holder of a driver's license from another jurisdiction, the court
shall not collect the license but shall notify the director who shall
notify the appropriate officials in the licensing jurisdiction. The
court shall, however, in accordance with the provisions of this section,
revoke the person's non-resident driving privileges in this State.
2A: 4A-44 Incarceration -- aggravating and mitigating factors.
25. Incarceration--Aggravating and mitigating factors.
a. (1) Except as provided in subsections e. and f. of section 24 of
P.L. 1982, c.77 (C. 2A: 4A-43), in determining whether incarceration
is an appropriate disposition, the court shall consider the following
aggravating circumstances:
(a)The fact that the nature and circumstances of the act, and the role
of the juvenile therein, was committed in an especially heinous, cruel,
or depraved manner;
(b)The fact that there was grave and serious harm inflicted on the
victim and that based upon the juvenile's age or mental capacity the
juvenile knew or reasonably should have known that the victim was particularly
vulnerable or incapable of resistance due to advanced age, disability,
ill-health, or extreme youth, or was for any other reason substantially
incapable;
(c)The character and attitude of the juvenile indicate that the juvenile
is likely to commit another delinquent or criminal act;
(d)The juvenile's prior record and the seriousness of any acts for
which the juvenile has been adjudicated delinquent;
(e)The fact that the juvenile committed the act pursuant to an agreement
that the juvenile either pay or be paid for the commission of the act
and that the pecuniary incentive was beyond that inherent in the act
itself;
(f)The fact that the juvenile committed the act against a policeman
or other law enforcement officer, correctional employee or fireman,
acting in the performance of his duties while in uniform or exhibiting
evidence of his authority, or the juvenile committed the act because
of the status of the victim as a public servant;
(g)The need for deterring the juvenile and others from violating the
law;
(h)The fact that the juvenile knowingly conspired with others as an
organizer, supervisor, or manager to commit continuing criminal activity
in concert with two or more persons and the circumstances of the crime
show that he has knowingly devoted himself to criminal activity as part
of an ongoing business activity;
(i)The fact that the juvenile on two separate occasions was adjudged
a delinquent on the basis of acts which if committed by an adult would
constitute crimes;
(j)The impact of the offense on the victim or victims;
(k)The impact of the offense on the community; and
(l)The threat to the safety of the public or any individual posed by
the child.
(2)In determining whether incarceration is an appropriate disposition
the court shall consider the following mitigating circumstances:
(a)The child is under the age of 14;
(b)The juvenile's conduct neither caused nor threatened serious harm;
(c)The juvenile did not contemplate that the juvenile's conduct would
cause or threaten serious harm;
(d)The juvenile acted under a strong provocation;
(e)There were substantial grounds tending to excuse or justify the
juvenile's conduct, though failing to establish a defense;
(f)The victim of the juvenile's conduct induced or facilitated its
commission;
(g)The juvenile has compensated or will compensate the victim for the
damage or injury that the victim has sustained, or will participate
in a program of community service;
(h)The juvenile has no history of prior delinquency or criminal activity
or has led a law-abiding life for a substantial period of time before
the commission of the present act;
(i)The juvenile's conduct was the result of circumstances unlikely
to recur;
(j)The character and attitude of the juvenile indicate that the juvenile
is unlikely to commit another delinquent or criminal act;
(k)The juvenile is particularly likely to respond affirmatively to
non custodial treatment;
(l)The separation of the juvenile from the juvenile's family by incarceration
of the juvenile would entail excessive hardship to the juvenile or the
juvenile's family;
(m)The willingness of the juvenile to cooperate with law enforcement
authorities;
(n)The conduct of the juvenile was substantially influenced by another
person more mature than the juvenile.
b. (1) There shall be a presumption of non incarceration for any crime
or offense of the fourth degree or less committed by a juvenile who
has not previously been adjudicated delinquent or convicted of a crime
or offense.
(2)Where incarceration is imposed, the court shall consider the juvenile's
eligibility for release under the law governing parole.
c. The following juveniles shall not be committed to a State juvenile
facility:
(1)Juveniles age 11 or under unless adjudicated delinquent for the
crime of arson or a crime which, if committed by an adult, would be
a crime of the first or second degree; and
(2)Juveniles who are developmentally disabled as defined in paragraph
(1) of subsection a. of section 3 of P.L. 1977, c.82 (C. 30:6D-3).
d. (1) When the court determines that, based on the consideration of
all the factors set forth in subsection a., the juvenile shall be incarcerated,
unless it orders the incarceration pursuant to subsection c. of section
24 of P.L. 1982, c.77 (C. 2A: 4A-43), it shall state on the record the
reasons for imposing incarceration, including any findings with regard
to these factors, and commit the juvenile to the custody of the Juvenile
Justice Commission which shall provide for the juvenile's placement
in a suitable juvenile facility pursuant to the conditions set forth
in this subsection and for terms not to exceed the maximum terms as
provided herein for what would constitute the following crimes if committed
by an adult:
(a)Murder under 2C:11-3a(1) or (2)
20 years
(b)Murder under 2C:11-3a(3)10 years
(c)Crime of the first degree, except murder 4 years
(d)Crime of the second degree 3 years
(e)Crime of the third degree 2 years
(f)Crime of the fourth degree 1 year
(g)Disorderly persons offense 6 months
(2)Except as provided in subsection e. of section 24 of P.L. 1982,
c.77 (C. 2A: 4A-43), the period of confinement shall continue until
the appropriate paroling authority determines that such a person should
be paroled; except that in no case shall the period of confinement and
parole exceed the maximum provided by law for such offense. However,
if a juvenile is approved for parole prior to serving one-third of any
term imposed for any crime of the first, second or third degree, including
any extended term imposed pursuant to paragraph (3) or (4) of this subsection,
or one-fourth of any term imposed for any other crime the granting of
parole shall be subject to approval of the sentencing court.
Prior to approving parole, the court shall give the prosecuting attorney
notice and an opportunity to be heard. If the court denies the parole
of a juvenile pursuant to this paragraph it shall state its reasons
in writing and notify the parole board, the juvenile and the juvenile's
attorney. The court shall have 30 days from the date of notice of the
pending parole to exercise the power granted under this paragraph.
If the court does not respond within that time period, the parole will
be deemed approved.
Any juvenile committed under this act who is released on parole prior
to the expiration of the juvenile's maximum term may be retained under
parole supervision for a period not exceeding the unserved portion of
the term and any term of post-incarceration supervision imposed pursuant
to paragraph (5) of this subsection. The Parole Board, the juvenile,
the juvenile's attorney, the juvenile's parent or guardian or, with
leave of the court any other interested party, may make a motion to
the court, with notice to the prosecuting attorney, for the return of
the child from a juvenile facility prior to his parole and provide for
an alternative disposition which would not exceed the duration of the
original time to be served in the facility. Nothing contained in this
paragraph shall be construed to limit the authority of the Parole Board
as set forth in section 15 of P.L. 1979, c.441 (C.30:4-123.59).
(3)Upon application by the prosecutor, the court may sentence a juvenile
who has been convicted of a crime of the first, second, or third degree
if committed by an adult, to an extended term of incarceration beyond
the maximum set forth in paragraph (1) of this subsection, if it finds
that the juvenile was adjudged delinquent on at least two separate occasions,
for offenses which, if committed by an adult, would constitute a crime
of the first or second degree, and was previously committed to an adult
or juvenile facility. The extended term shall not exceed five
additional years for an act which would constitute murder and shall
not exceed two additional years for all other crimes of the first degree
or second degree, if committed by an adult, and one additional year
for a crime of the third degree, if committed by an adult.
(4)Upon application by the prosecutor, when a juvenile is before the
court at one time for disposition of three or more unrelated offenses
which, if committed by an adult, would constitute crimes of the first,
second or third degree and which are not part of the same transaction,
the court may sentence the juvenile to an extended term of incarceration
not to exceed the maximum of the permissible term for the most serious
offense for which the juvenile has been adjudicated plus two additional
years.
(5)Every disposition that includes a term of incarceration shall include
a term of post-incarceration supervision equivalent to one-third of
the term of incarceration imposed. During the term of post-incarceration
supervision the juvenile shall remain in the community and in the legal
custody of the Juvenile Justice Commission established pursuant to section
2 of P.L. 1995, c.284 (C. 52:17B-170) in accordance with the rules of
the parole board, unless the appropriate parole board panel determines
that post-incarceration supervision should be revoked and the juvenile
returned to custody in accordance with the procedures and standards
set forth in sections 15 through 21 of P.L. 1979, c.441 (C.30:4-123.59
through C.30:4-123.65). The term of post-incarceration supervision
shall commence upon release from incarceration or parole, whichever
is later. A term of post-incarceration supervision imposed pursuant
to this paragraph may be terminated by the appropriate parole board
panel if the juvenile has made a satisfactory adjustment in the community
while on parole or under such supervision, if continued supervision
is not required and if the juvenile has made full payment of any fine
or restitution.
2A: 4A-44.1. State incarceration of juveniles in county juvenile
detention facilities 1. The Juvenile Justice Commission established
pursuant to section 2 of P.L. 1995, c.284 (C. 52:17B-170) may enter
into an agreement with any county concerning the use of that county's
juvenile detention facility for the housing of juveniles the court has
placed under the custody of the commission for placement in State correctional
facilities only if the county's juvenile detention facility is not over
its maximum rated capacity.
Unless the contract otherwise provides or the commission so directs
in order to provide for the secure and orderly operation of the facility,
a juvenile placed in a county detention facility pursuant to the provisions
of this act shall not be segregated from the juveniles otherwise placed
in the county detention facility or excluded from any program or activity
offered in that facility.
Any contract entered into pursuant to this section shall ensure that
educational, vocational, mental health, health and rehabilitative services
are provided to the juveniles and that these services are, at minimum,
equivalent to those provided to adjudicated juveniles in State-operated
facilities.
2A: 4A-45. Retention of jurisdiction 26. Retention of jurisdiction.
a. The court shall retain jurisdiction over any case in which it has
entered a disposition under paragraph 7 of subsection b. or subsection
c. of section 24 of P.L. 1982, c.77 (C. 2A: 4A-43) or under section
25 of P.L. 1982, c.77 (C. 2A: 4A-44) for the duration of that disposition
of commitment or incarceration and may substitute any disposition otherwise
available to it under section 24 of P.L. 1982, c.77 (C. 2A: 4A-43) other
than incarceration.
b. Except as provided for in subsection a., the court shall retain
jurisdiction over any case in which it has entered a disposition under
section 24 of P.L. 1982, c.77 (C. 2A: 4A-43) and may at any time for
the duration of that disposition, if after hearing, and notice to the
prosecuting attorney, it finds violation of the conditions of the order
of disposition, substitute any other disposition which it might have
made originally.
c. The court may by its order retain jurisdiction in any other case.
2A: 4A-46. Disposition of juvenile-family crisis 27. Disposition
of juvenile-family crisis. a. The court may order any disposition
in a juvenile-family crisis provided for in paragraphs (2), (4), (5),
(6), (7) and (13) of subsection b. of section 24 of P.L. 1982, c.77
(C. 2A: 4A-43) or other disposition specifically provided for in P.L.
1982, c.80 (C. 2A: 4A-76 et seq.).
b. No juvenile involved in a juvenile-family crisis shall be committed
to or placed in any institution or facility established for the care
of delinquent children or in any facility, other than an institution
for the mentally retarded, a mental hospital or facility for the care
of persons addicted to controlled dangerous substances, which physically
restricts such juvenile committed to or placed in it.
2A: 4A-47. Termination of orders of disposition 28. a.
Any order of disposition entered in a case under this act shall terminate
when the juvenile who is the subject of the order attains the age of
18, or three years from the date of the order whichever is later unless
such order involves incarceration or is sooner terminated by its terms
or by order of the court.
b. Any agency providing services pursuant to any court ordered disposition
shall give prior notice to the court at least 30 days before terminating
these services which notice shall include the date of intended termination.
c. Upon termination of an order of disposition, maximum term, parole
or community supervision the court shall enter an order requiring payment
of any amounts owed by the juvenile or the parent or guardian of the
juvenile pursuant to the court ordered disposition and shall file a
copy of the order with the Clerk of the Superior Court who shall enter
the following information upon the record of docketed judgments;
(1)the name of the juvenile or the juvenile's parent or guardian as
judgment debtor;
(2)the amount of the assessment imposed pursuant to section 2 of P.L.
1979, c.396 (C. 2C:43-3.1) and the Victims of Crime Compensation Board
as a judgment creditor in that amount;
(3)the amount of any restitution ordered and the name of any person
entitled to receive payment as judgment creditors in the amount and
according to the priority set by the court;
(4)the amount of any fine and the governmental entity entitled to receive
payment pursuant to section 3 of P.L. 1979, c.396 (C. 2C:46-4.)
(5)the amount of the mandatory Drug Enforcement and Demand Reduction
penalty imposed;
(6)the amount of the forensic laboratory fee imposed; and
(7) the date of the order.
Where there is more than one judgment creditor the creditors shall
be given priority consistent with the provisions of section 13 of P.L.
1991, c.329 (C. 2C:46-4.1). These entries shall have the same
force as a civil judgment docketed in the Superior Court.
2A: 4A-48. Effect of disposition No disposition
under this act shall operate to impose any of the civil disabilities
ordinarily imposed by virtue of a criminal conviction, nor shall a
juvenile be deemed a criminal by reason of such disposition.
The disposition of a case under this act shall not be
admissible against the juvenile in any criminal or penal case
or proceeding in any other court except for consideration in
sentencing, or as otherwise provided by law.
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