GOVERNOR SIGNS BILL REFORMING STATE’S JUVENILE JUSTICE SYSTEM
2015 Juvenile Justice Reform Laws
New laws new law makes various changes to this State’s
juvenile justice system. The new law revamps the State’s law governing
waiver of juveniles to adult criminal court and increases certain extended
sentences for juveniles; requires due process before a juvenile can be
transferred to an adult correctional facility; and places limitations on the
use of room restriction to discipline incarcerated juveniles.
Under this State’s
current juvenile waiver statute, a juvenile’s case may be transferred to adult
criminal court under certain circumstances. Whether a juvenile’s case is waived
depends on the age of the juvenile and whether probable cause is established
that the juvenile committed the offense charged. In some instances,
waiver depends upon whether it can be shown that the interests of the public
require waiver and whether the juvenile can establish that the probability of
rehabilitation through the use of court services by the time the juvenile is 19
years old outweighs the reasons for waiver.
Currently, a prosecutor
has 30 days from the receipt of the complaint to file a waiver motion unless
good cause is shown to extend this time period. If a prosecutor motions
to waive the case of a juvenile who has reached the age of 16 or older and
establishes the requisite probable cause that the juvenile committed a serious
offense as enumerated in the statute, often referred to as a “chart 1 offense,”
the juvenile will automatically be waived to adult criminal court. This
is referred to as “prosecutorial discretionary waiver.” The chart 1 offenses
include such offenses as criminal homicide (excluding death by auto),
strict liability for drug-induced deaths, first degree robbery, aggravated
sexual assault and sexual assault, possession of a firearm with the purpose to
use it unlawfully against another person, leader of a narcotics trafficking
network, maintaining and operating a controlled dangerous substance production
facility, weapons possession while committing certain other controlled
dangerous substance offenses, and first or second degree computer criminal
activity.
Juveniles who are 14 or
15 years old and juveniles 16 years of age or older who are charged with less
serious offenses, often referred to as “chart 2 offenses,” will be waived to
adult criminal court if the State establishes that the nature of the charge
against the juvenile or the juvenile’s prior record is sufficiently serious
that waiver is in the public interest and if the juvenile fails to establish
during an “amenability hearing” that the probability of rehabilitation outweighs
the reasons for waiver. This is referred to as “judicial discretionary
waiver.”
The new law repeals the
current juvenile waiver statute and replaces it with a streamlined process for
determining whether a juvenile case should be transferred to an adult criminal
court. Under the new law, only juveniles who are 15 years of age and
older and who are charged with certain chart 1 offenses as enumerated in the new
law would be eligible for waiver. The new law increases the time allotted
to the prosecutor to file a waiver motion from 30 to 60 days after receiving
the complaint.
The new law requires
the waiver motion to be accompanied by a written statement from the prosecutor
clearly setting forth the facts used in assessing the waiver factors together
with an explanation as to how evaluation of those facts support waiver for each
particular juvenile. The new law directs the court to review during a hearing
whether the prosecution considered the waiver factors. The court may deny
the prosecutor’s waiver motion if the court is clearly convinced that the
prosecutor abused the prosecutor’s discretion in considering those factors.
The new law also
provides that a juvenile whose case was waived would serve the juvenile’s
sentence in a juvenile facility rather than an adult facility. The new
law directs that the juvenile’s case is to proceed in the adult criminal court
as if the case originated there, including through sentencing, but there is a
presumption that the juvenile will serve a custodial sentence in a juvenile facility
until the juvenile reaches the age of 21. Juveniles under 21 years of age
may be required to serve the sentence in a State correctional facility if the
Juvenile Justice Commission finds the juvenile’s continued presence in the
facility threatens the public safety, the safety of juvenile offenders, or the
operations of the commission. Also, a juvenile may continue to serve a
sentence in a juvenile facility after reaching the age of 21 in the discretion
of the commission and if the juvenile consents.
Also under the new law,
certain juvenile cases waived to an adult criminal court will be remanded to
the juvenile court for sentencing, which is referred to as “disposition under
the juvenile code.” Specifically, if a juvenile was not convicted of the offense
on which the waiver was based, but was convicted of another offense, the new
law directs that offense be deemed a juvenile adjudication and be remanded to
the juvenile court for a disposition, which may include incarceration.
The juvenile therefore would be subject to the penalties under the juvenile
code, rather than those under the adult criminal code.
In addition to
revamping the current juvenile waiver statute, the new law establishes a
presumption that a juvenile whose case has been waived is to be detained in a
juvenile facility pending resolution of the case and pending sentencing.
The new law changes the
current law governing extended sentences for juveniles. Currently, the
juvenile code provides for a custodial sentence of one year for a crime which,
if committed by an adult, constitutes a fourth degree crime; two years for a
third degree crime; three years for a second degree crime; four years for a
first degree crime other than murder; and either 10 or 20 years for murder,
depending on the circumstances. A prosecutor can apply for an extended
term of incarceration if the juvenile was adjudicated delinquent on two
separate occasions for a first or second degree crime and was previously
incarcerated. Extended terms consist of five years for murder, two years
for a crime of the first or second degree, and one year for a crime of the
third degree. Under the new law, the extended sentence remains five years
for murder, but increases from two to three years for all other first degree
crimes. The new law removes the requirement that the juvenile had to be
previously incarcerated to be eligible for an extended sentence.
The new law provides
that if the prosecutor and defense consent, at any point in the proceedings
subsequent to the decision granting waiver, the court may remand the case to
juvenile court if it appears the interests of the public and the best interests
of the juvenile require access to programs or procedures uniquely available to
that court and the interests of the public are no longer served by waiver to
the adult criminal court.
The new law establishes
data collection and reporting requirements concerning juvenile waiver; biennial
reports are to be published on the commission’s website and transmitted to the
Governor and the Legislature.
The new law makes
changes to the current law governing the transfer of juveniles from a juvenile
facility to a State correctional facility.
The new law places
limitations on the use of solitary confinement, or what is referred to in current
Juvenile Justice Commission (JJC) regulations as “room restriction,” in State
juvenile correctional facilities and juvenile detention centers. The new
law prohibits a juvenile from being subject to room restriction, unless the
juvenile poses an immediate and substantial risk of harm to others or to the
security of the facility, and all other less-restrictive options have been
exhausted.
The new law requires
that the use of room restriction be documented by the facility or center and
aggregate data is to be made available to the public under the State’s Open
Public Records Act. The new law requires the JJC to publish the aggregate
data on its website.
As reported by the
committee, this new law is identical to Assembly New law No. 4299 (ACS), as
also reported by the committee.
FISCAL IMPACT:
The new law requires certain data collection
and reporting requirements by the Juvenile Justice Commission, in cooperation
with the Administrative Office of the Courts, the Attorney General, and the
county prosecutors concerning waiver and room restriction. The new law
requires that reports be published on the Internet as well as provided to the
Governor and Legislature. The reporting requirements may require
additional manpower for collection, analysis, and creation of reports.
The new law adds to the list of serious
offenses for which a juvenile may be waived to adult court and to an adult
correctional facility; however, the new law provides a presumption juveniles
will serve custodial sentences in juvenile facilities which may lead to fewer
juveniles being sentenced to adult correctional facilities. According to
data provided in the Governor’s proposed budget, as of 2015 adult correctional facilities
such as Garden State Youth ($82.73 per day), Albert C. Wagner Youth ($140.10
per day), and Mountainview Youth ($115.97 per day) currently have a lower
operating budget that the Juvenile Justice Commission institutions ($611.61 per
day). The daily cost per inmate will fluctuate depending on how many juveniles
are sentenced to each of the respective facilities.
The new law revises the requirement that a
juvenile being transferred from a juvenile facility to an adult facility be
represented by the Office of the Public Defender, unless the juvenile chooses
to engage private counsel at the juvenile’s expense. It is unknown how
many juveniles will utilize the public defender versus engaging in private
counsel.
The new law revises
room restriction guidelines for juveniles of certain ages which may create a
minimal expense if there is a need to relocate juveniles to alternate
facilities to remedy issues such as inmate-to-inmate conflicts.
| Bill Number: | S2003 (Pou)/A4299 (Sumter) |
|---|---|
| Legislative Session: | 2014-2016 |
| ACLU-NJ Position: | Supports |
| Assembly: | Passed by Assembly |
| Senate: | Passed by Senate |
| Governor: | Signed into Law |
Raises the minimum age for waivers from 14 to 15; eliminates some less serious crimes from the list of offenses subject to waiver; creates presumption that waived juveniles remain housed with juveniles until age 21; provides right to counsel and enhances due process protections before juveniles can be transferred from juvenile detention centers to adult prisons; eliminates use of solitary confinement except to protect health, safety, or the operation of a facility; mandates data collection and public reporting regarding the use of waiver and solitary confinement.
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Assembly Republican Press Release -
Legislation sponsored by Assembly Republican Maria Rodriguez-Gregg to relieve an overburdened criminal justice system and rehabilitate young offenders was signed into law this week by Governor Christie.
Maria Rodriguez-Gregg
“Other states have been successful with similar reforms,” said Rodriguez-Gregg, R — Burlington, Atlantic and Camden. “These are common sense reforms that ensure fair treatment for juveniles without compromising public interest and safety.”
Texas and Georgia have made comparable changes. The reforms have been delivered measurable improvements to the corrections systems and been deemed successful.
“An overburdened corrections system means overburdened taxpayers, and it is that relief that makes this legislation a win-win package of reforms,” said Rodriguez-Gregg. “This is fiscally responsible reform.”
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