Bill Text: NJ A5018 | 2024-2025 | Regular Session | Introduced
Bill Title: Concerns rights of juvenile defendants who elect to be tried as adults.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Engrossed) 2024-12-19 - Passed by the Assembly (65-7-0) [A5018 Detail]
Download: New_Jersey-2024-A5018-Introduced.html
Sponsored by:
Assemblywoman ELLEN J. PARK
District 37 (Bergen)
SYNOPSIS
Concerns rights of juvenile defendants who elect to be tried as adults.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning rights of juvenile defendants who elect to be tried as adults, and amending P.L.1982, c.77.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 8 of P.L.1982, c.77 (C.2A:4A-27), is amended to read as follows:
8. a. Any juvenile 14 years of age or older charged with delinquency may elect, subject to court approval, 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, subject to court approval, to have the case transferred to the appropriate court having jurisdiction.
b. In all cases where such election is sought, the court shall conduct a hearing pursuant to paragraph (2) of subsection b. of section 20 of P.L.1982, c.77 (C.2A:4A-39), to:
(1) inform the juvenile of the differences in the maximum sentence or disposition, and the differences in the consequences of magnitude, between the New Jersey Code of Criminal Justice and the New Jersey Code of Juvenile Justice, for the crimes, offenses, and delinquencies charged; and
(2) determine that an election under this section is made knowingly, willingly, and voluntarily.
c. Upon the granting of an election made under this section and transfer to the appropriate court having jurisdiction:
(1) the case shall proceed as if it originated in that court and shall be subject to the sentencing provisions available to that court; provided, however, there shall be a presumption that the juvenile shall serve any custodial sentence imposed in a State juvenile facility operated by the Juvenile Justice Commission until the juvenile reaches the age of 21, except that:
(a) a juvenile who has not reached the age of 21 may, in the discretion of the Juvenile Justice Commission, be transferred to the Department of Corrections in accordance with the plan established pursuant to subsection e. of section 7 of P.L.1995, c.284 (C.52:17B-175) and regulations adopted pursuant to that section; and
(b) a juvenile who has reached or exceeds the age of 21 may continue to serve a sentence in a State juvenile facility operated by the Juvenile Justice Commission in the discretion of the Juvenile Justice Commission and if the juvenile so consents; otherwise the juvenile shall serve the remainder of the custodial sentence in a State correctional facility;
(2) with the consent of the juvenile and the prosecutor, at any point in the proceedings subsequent to the election made pursuant to this section, the court may remand the case to the Superior Court, Chancery Division, Family Part if it appears that:
(a) the interests of the public and the best interests of the juvenile require access to programs or procedures uniquely available to that court; and
(b) the interests of the public are no longer served by the election.
(cf: P.L.1982, c.77, s.8)
2. This act shall take effect immediately.
STATEMENT
This bill provides that juvenile defendants who voluntarily elect to move their cases from the Family Part to the Criminal Part of the Superior Court in order to be tried as adults, pursuant to the waiver process set forth in section 8 of P.L.1982, c.77 (C.2A:4A-27), shall be granted the following procedural rights:
- a case would proceed as if it originated in the Criminal Part and be subject to applicable adult sentencing provisions, provided there would be a presumption that a convicted juvenile serve any custodial sentence imposed in a State juvenile facility operated by the Juvenile Justice Commission until reaching 21 years of age, except that: (1) a confined juvenile who has reached 18 years of age and whose continued presence in the juvenile facility threatens the safety of others, including other juvenile offenders, or the ability of the commission to operate juvenile programs at the facility, could be transferred to a State adult correctional facility; and (2) a juvenile who has reached or exceeds 21 years of age could continue to serve a sentence in the State juvenile facility at the discretion of the commission and with the consent of the juvenile; and
- at any point during the proceedings of the case, with the consent of the juvenile and prosecutor, the court could remand the case to the Family Part to continue as a juvenile adjudication if it appears that the interests of the public and the best interests of the juvenile require access to programs and procedures uniquely available through the juvenile adjudication process, and the interests of the public are no longer served by the juvenile's original voluntary waiver to the Criminal Part.
The above are similar to the procedural rights provided to juvenile defendants who are involuntarily waived by the prosecutor from the Family Part to the Criminal Part. See P.L.2015, c.89, s.1 (C.2A:4A-26.1).
Additionally, the bill would require the court to approve the juvenile's voluntary waiver, which it could do only after conducting a hearing. At the hearing, the court would inform the juvenile of the differences in the maximum sentencing or disposition between adults and juveniles for the offenses charged, and the differences "in the consequences of magnitude" between proceeding under the "New Jersey Code of Juvenile Justice" and the "New Jersey Code of Criminal Justice." A determination to approve the voluntary waiver would also require that the juvenile's action be found to be "knowingly, willingly, and voluntarily" made.
