ASSEMBLY, No. 122

 

STATE OF NEW JERSEY

 

Introduced Pending Technical Review by Legislative Counsel

 

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

 

 

By Assemblyman JONES

 

 

An Act concerning the disclosure of the identity of juveniles and amending P.L.1982, c.79.

 

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

 

    1. Section 1 of P.L.1982, c.79 (C.2A:4A-60) is amended to read as follows:

    1. Disclosure of juvenile information; penalties for disclosure

    a. Social, medical, psychological, legal and other records of the court and probation department, and records of law enforcement agencies, pertaining to juveniles charged as a delinquent or found to be part of a juvenile-family crisis, shall be strictly safeguarded from public inspection. Such records shall be made available only to:

    (1) Any court or probation department;

    (2) The Attorney General or county prosecutor;

    (3) The parents or guardian and to the attorney of the juvenile;

    (4) The Division of Youth and Family Services, if providing care or custody of the juvenile;

    (5) Any institution to which the juvenile is currently committed; and

    (6) Any person or agency interested in a case or in the work of the agency keeping the records, by order of the court for good cause shown.

    b. Records of law enforcement agencies may be disclosed for law enforcement purposes to any law enforcement agency of this State.

    c. Information as to the identity of [a] the juvenile and of the juvenile's parents, the offense charged, the adjudication and disposition shall be disclosed to:

    (1) The victim or a member of the victim's immediate family;

    (2) Any law enforcement agency which investigated the offense, the person or agency which filed the complaint, and any law enforcement agency in the municipality where the juvenile resides; and

    (3) [On a confidential basis, the] The principal of the school where the juvenile is enrolled for use by the principal or his designee in planning programs relevant to the juvenile's educational and social development, which information shall not become part of the juvenile's permanent school records;

    (4) A party in a subsequent legal proceeding involving the juvenile, but only upon approval by the court and for the sole purpose of impeaching the juvenile as a witness;

    (5) Members of the news media.

    d. [There shall be a presumption that information as to the identity of a juvenile adjudicated delinquent, the offense, the adjudication and the disposition shall be disclosed to the public where the offense for which the juvenile has been adjudicated delinquent if committed by an adult, would constitute a crime of the first, second or third degree, or aggravated assault, destruction or damage to property to an extent of more than $500.00 or the manufacture or distribution of a narcotic drug, unless upon application at the time of disposition the juvenile can demonstrate a substantial likelihood that specific harm would result from such disclosure. Where the court finds that disclosure would be harmful to the juvenile, the reasons therefor shall be stated on the record.](Deleted by amendment P.L. , c. ) (now pending before the Legislature as this bill).

    e. Nothing in this section shall prohibit the establishment and maintaining of a central registry of the records of law enforcement agencies relating to juveniles for the purpose of exchange between State or local law enforcement agencies of this State.

    f. Whoever, except as provided by law, knowingly discloses, publishes, receives, or makes use of or knowingly permits the unauthorized use of information concerning a particular juvenile derived from records listed in subsection a. or acquired in the course of court proceedings, probation, or police duties, shall, upon conviction thereof, be guilty of a disorderly persons offense.

    g. The court may, upon application by the juvenile or his parent or guardian, the prosecutor or any other interested party, including the victim or complainant or members of the news media, permit public attendance during any court proceeding at a delinquency case, where it determines that a substantial likelihood that specific harm to the juvenile would not result.

    The court shall have the authority to limit and control the attendance in any manner and to the extent it deems appropriate.

(cf: P.L.1982, c.179, s.1)

 

    2. This act shall take effect immediately.


STATEMENT

 

    This bill provides for the disclosure to the news media of the identity of juveniles and their parents if a juvenile is charged with delinquency or adjudicated delinquent.

 

 

 

Provides for disclosure to the news media of the identities of juveniles and their parents in delinquency cases.