Bill Text: NJ S1208 | 2020-2021 | Regular Session | Introduced
Bill Title: Requires law enforcement agencies to establish station house adjustment policy for certain first-time juvenile offenders.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-02-03 - Introduced in the Senate, Referred to Senate Law and Public Safety Committee [S1208 Detail]
Download: New_Jersey-2020-S1208-Introduced.html
Sponsored by:
Senator JOSEPH P. CRYAN
District 20 (Union)
SYNOPSIS
Requires law enforcement agencies to establish station house adjustment policy for certain first-time juvenile offenders.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning station house adjustments and supplementing Title 2A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in this act, "station house adjustment" means an immediate consequence imposed by a law enforcement officer at the police station upon a first-time juvenile offender who has committed a minor juvenile delinquency offense within the jurisdiction, and shall include, but not be limited to, community service or restitution.
2. Every State, county, and municipal law enforcement agency with patrol jurisdiction shall establish a station house adjustment policy in accordance with the provisions of this section.
a. A policy shall be implemented regardless of available resources.
b. A law enforcement officer shall warn the juvenile of the potential consequences of continued delinquent activity, including but not limited to:
(1) fines;
(2) probation;
(3) loss of driver's license;
(4) incarceration; and
(5) ramifications of a record of delinquency on future employment and educational opportunities.
c. The juvenile's parents or guardian shall be notified and the parent or guardian, or a designee chosen by the parent or guardian, shall attend the station house adjustment. If a parent or guardian does not respond to the notification, a designee shall not be chosen by the law enforcement agency or juvenile.
d. A known victim of the alleged offense shall be notified and agree to the station house adjustment.
(1) If appropriate, a victim shall be informed of the efficiency and expediency of locally resolving the juvenile matter through a station house adjustment.
(2) The station house adjustment may proceed without the victim's participation.
(3) The station house adjustment shall not proceed over the objection of a victim. A victim who objects to a station house adjustment shall be permitted to sign a juvenile delinquency complaint, unless the complaint is clearly frivolous or lacking in probable cause, in which case, the police officer may refuse to accept the complaint pursuant to subsection b. of N.J.S.2B:12-21.
e. The juvenile shall
agree not to reoffend and the parent, guardian, or designee shall be informed
that a subsequent offense,
or the failure to comply with the terms of the station house adjustment agreement, may result in the filing of a juvenile delinquency complaint for the offense which has been the subject of the station house adjustment.
f. The law enforcement officer shall complete a station house adjustment form, as prescribed by the Attorney General, which shall be signed by the juvenile and the parent, guardian, or designee.
3. A member of the law enforcement agency shall be designated as a juvenile officer who shall perform station house adjustments whenever possible. If the designated juvenile officer is unavailable, another officer shall conduct the station house adjustment.
4. Each law enforcement agency shall compile a list of referral agencies, contacts, and telephone numbers to which officers may refer juveniles. Referrals may be made in conjunction with a station house adjustment, but are not limited to the station house adjustment and may be provided immediately, before the process of the station house adjustment is completed.
5. a. A juvenile offender shall be eligible for a station house adjustment if the juvenile allegedly:
(1) violated a municipal ordinance;
(2) committed a petty disorderly persons offense or disorderly persons offense; or
(3) committed a crime of the fourth degree if the juvenile has no prior record known to the law enforcement agency.
b. The county prosecutor shall be required to approve a station house adjustment if the juvenile allegedly committed any of the following offenses:
(1) an offense involving the use or possession of a controlled substance or drug paraphernalia pursuant to chapters 35 or 36 of Title 2C of the New Jersey Statutes if the prosecutor concludes that intervention by the Family Court is not necessary to address a drug problem;
(2) bias offense;
(3) sexual offense;
(4) offense resulting in serious or significant bodily injury if the prosecutor concludes that the juvenile offender's criminal intent is in doubt and the injuries were unintended; and
(5) crime of the third degree.
c. A juvenile offender shall not be eligible for a station house adjustment and a juvenile delinquency complaint shall be filed if the:
(1) juvenile allegedly committed a crime of the first or second degree;
(2) law enforcement agency knows that the juvenile has other charges pending before the court; or
(3) juvenile currently is on probation, parole, home detention, or other court ordered disposition.
6. A law enforcement officer shall consider the following factors in determining whether a station house adjustment is appropriate for an eligible juvenile pursuant to section 5 of this act:
a. the age of the juvenile offender;
b. any record of prior juvenile complaints or station house adjustments and the seriousness of the alleged offenses;
c. the degree of cooperation and attitude of the juvenile offender; the parent, guardian, or designee; and victim.
7. Each law enforcement agency shall submit a quarterly report to the county prosecutor, or the Superintendent of State Police if appropriate, describing the station house adjustments conducted by the agency.
a. The report shall not contain any personal identifying information.
b. For each station house adjustment, the quarterly report shall contain:
(1) the juvenile's age at time of the offense;
(2) ethnicity as reported by the juvenile;
(3) gender;
(4) alleged offense; and
(5) reasons if a station house adjustment was not conducted.
c. The county prosecutor shall forward the quarterly reports to the Attorney General.
8. The Attorney General annually shall submit a summary report of the information received in the quarterly reports submitted by the county prosecutors pursuant to section 7 of this act to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1) and make the summary report available to the public on the Department of Law and Public Safety's Internet website.
9. The Attorney General shall issue guidelines governing the conducting of station house adjustments pursuant to the provisions of this act.
10. This act shall take
effect on the first day of the fourth month next following enactment, but the
Attorney General may take any anticipatory action necessary to implement the
provisions of this act.
STATEMENT
This bill requires every State, county, and municipal law enforcement agency to adopt a policy establishing station house adjustments for certain juvenile offenders. The bill defines a "station house adjustment" as an immediate consequence imposed by a law enforcement officer at the police station upon a first-time juvenile offender who has committed a minor juvenile delinquency offense within the jurisdiction, and includes, but is not limited to, community service or restitution. The policy is to be implemented regardless of the agency's available resources.
During the station house adjustment, the law enforcement officer is to warn the juvenile of the potential consequences of continued delinquent activity, such as fines, probation, loss of driver's license, and incarceration, and the ramifications of a record of delinquency on future employment and educational opportunities. A parent or guardian is to be notified and attend the meeting. The victim of the juvenile's alleged offense is required to agree to the meeting, but is not required to attend. A station house adjustment is not to be offered if the victim objects. The juvenile is to agree not to reoffend and the parent or guardian is to be advised that if the juvenile commits a subsequent offense or does not comply with the terms of the agreement, a juvenile delinquency complaint may be filed against the juvenile. The juvenile and parent or guardian are to sign a station house adjustment form.
The law enforcement agency is required to designate a specific juvenile officer to perform station house adjustments. Agencies also are to compile a list of referral agencies, contacts, and telephone numbers to which officers may refer juveniles.
Juveniles are eligible for a station house adjustment if they allegedly violated a municipal ordinance; committed a petty disorderly or disorderly persons offense; or committed a crime of the fourth degree, and the agency is not aware of the juvenile having a prior record. The county prosecutor is required to approve a station house adjustment if the juvenile allegedly committed a drug, bias, or sexual offense; an offense resulting in serious or significant bodily injury when the intent of the offender is in doubt and the injuries were unintended; or a crime of the third degree. Juvenile offenders are not eligible if they allegedly committed a crime of the first or second degree, the agency knows that the juvenile has other charges pending before the court, or the juvenile currently is on probation, parole, or home detention.
Factors to be considered by
law enforcement officers in deciding if a station house adjustment is
appropriate for an eligible offender include the age of the juvenile offender;
a record of prior juvenile complaints or station house adjustments and the
seriousness of
those offenses; and the degree of cooperation and attitude of the juvenile offender; the parent, guardian, or designee; and victim.
The bill further requires law enforcement agencies to submit a quarterly report to the county prosecutor describing the station house adjustments conducted by the agency. These reports are to include the juvenile's age, ethnicity, gender, alleged offense, and any instances where a station house adjustment was not conducted; they are not to contain any personal identifying information. The Attorney General annually shall submit a summary report of the information received from the county prosecutors in the quarterly reports to the Legislature and make the summary report available to the public on the Department of Law and Public Safety's Internet website.
Finally, the bill requires the Attorney General to issue guidelines governing the conduct of station house adjustments.
According to the sponsor, the purpose of a station house adjustment is to impose immediate consequences on the juvenile offender and provide to the victim a prompt and convenient resolution, while simultaneously benefitting the juvenile by avoiding the stigma of a formal juvenile delinquency record.
