ASSEMBLY, No. 234

 

STATE OF NEW JERSEY

 

Introduced Pending Technical Review by Legislative Counsel

 

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

 

 

By Assemblyman GARCIA

 

 

An Act concerning statements by victims prior to disposition of juveniles and amending P.L.1982, c.77.

 

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

 

    1. Section 23 of P.L.1982, c.77 (C.2A:4A-42) is amended to read as follows:

    23. Predispositional evaluation. a. Before making a disposition, the court may refer the juvenile to an appropriate individual, agency or institution for examination and evaluation.

    b. In arriving at a disposition, the court may also consult with such individuals and agencies as may be appropriate to the juvenile's situation, including the county probation department, the Division of Youth and Family Services, school personnel, clergy, law enforcement authorities, family members and other interested and knowledgeable parties. In so doing, the court may convene a predispositional conference to discuss and recommend disposition.

    c. The predisposition report ordered pursuant to the Rules of Court may include a statement by the victim of the offense for which the juvenile has been adjudicated delinquent or by the nearest relative of a homicide victim. The statement may include the nature and extent of any physical harm or psychological or emotional harm or trauma suffered by the victim, the extent of any loss to include loss of earnings or ability to work suffered by the victim and the effect of the crime upon the victim's family. The probation department shall notify the victim or nearest relative of a homicide victim of his right to make a statement for inclusion in the predisposition report if the victim or relative so desires or his right to make an in-person statement, prior to or at the time of disposition, directly to the court. Any written statement shall be made within 20 days of notification by the probation department. Any in-person statement shall be at a time established by the court. A victim or the relative of a homicide victim may make both a written and in-person statement.

(cf: P.L.1986, c.85, s.2)

 

    2. This act shall take effect immediately and shall apply to all dispositions pending on the effective date.

 

 

STATEMENT

 

    This bill amends the "Code of Juvenile Justice" to permit the victim or nearest relative of a homicide victim to make an in-person statement to the court prior to the disposition of a juvenile matter. The bill amends section 23 of P.L.1982, c.77 (C.2A:4A-42) which presently permits the predisposition report to include a statement by the victim of the offense for which the juvenile has been adjudicated delinquent. The statement may include the nature and extent of any physical harm or psychological or emotional harm or trauma suffered by the victim, the extent of any loss to include loss of earnings or ability to work suffered by the victim and the effect of the crime upon the victim's family. This bill amends that section to add the option of making the statement in-person to the court prior to, or at the time of, disposition. The option to make a statement for inclusion in the presentence report continues and is not precluded by a victim's decision to make an in-person statement.

 

 

 

Permits victims to make in-person statements to the court in juvenile dispositions.