An Act concerning juvenile waiver and amending P.L.1982, c.77.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 7 of P.L.1982, c.77 (C.2A:4A-26) is amended to read as follows:

7. 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] 17 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, aggravated arson, or gang criminality pursuant to section 1 of P.L.2007, c.341 (C.2C:33-29) where the underlying crime is enumerated in this subparagraph or promotion of organized street crime pursuant to section 2 of P.L.2007, c.341 (C.2C:33-30) which would constitute a crime of the first or second degree which is enumerated in this subparagraph; 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[,] or 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] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill).

(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] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill).

(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)] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill); and

(3) Except with respect to any of the acts enumerated in subparagraph (a), or (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; and

(4) the juvenile had previously been adjudicated delinquent of an offense which if committed by an adult would constitute a crime of the first, second, or third degree.

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] 17 years of age or older who is charged with committing any of the acts enumerated in subparagraph (a)[,] or (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.

(cf: P.L.2007, c.341, s.3)

2. This act shall take effect immediately.

STATEMENT

This bill would limit the juvenile cases that could be transferred to adult court under this State's juvenile waiver statute.

Under current law, upon motion of the prosecutor, the Family Part of the Chancery Division of the Superior Court is required to waive jurisdiction over a juvenile's case and refer that case to the appropriate adult court and prosecuting authority, without that juvenile's consent, if the following conditions are met:

(1) the juvenile is 14 years of age or older; and

(2) there is probable cause that the juvenile committed a delinquent act which, if committed by an adult, would constitute one of the various crimes enumerated in the juvenile waiver statute; and

(3) 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.

Specifically, this bill would raise the age requirement for a juvenile case to be transferred from 14 years of age or older to 17 years of age or older. Also under the bill, certain juveniles who are first-time offenders would not be eligible for waiver. A juvenile's case could only be transferred if that juvenile has previously been adjudicated delinquent for an offense that would constitute a crime of the first, second, or third degree if committed by an adult.

Under current law, the court will not grant the request to waive the case to adult court if the juvenile is charged with less serious crimes enumerated in the waiver statute and the juvenile shows that the probability of rehabilitation before the age of 19 years, through use of resources available to the court, outweighs the reasons for waiver. This option currently is unavailable to juveniles 16 years of age or older who are charged with certain serious offenses. Under the bill, this age would be increased to 17 years of age or older.

The bill also would limit juvenile waiver to those cases in which the juvenile is charged with a violent crime. Under current law, there are several nonviolent crimes that make a juvenile eligible for transfer to adult court, including manufacturing or distribution of controlled dangerous substances; automobile theft; computer criminal activity; and crimes which are part of a continuing criminal activity in concert with two or more persons and in which it is shown the juvenile has turned to criminal activity as a source of livelihood. This bill removes these nonviolent crimes as a basis for transfer to adult court.

Finally, controlled dangerous substance offenses committed in a school zone would no longer be exceptions to the State's burden to show 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.