ASSEMBLY, No. 1184
STATE OF NEW JERSEY
Introduced Pending Technical Review by Legislative Counsel
PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION
By Assemblymen DALTON and DeCROCE
An Act concerning parental supervision and supplementing Title 2C of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. This act shall be known and may be cited as the "Parental Responsibility Act."
2. a. A parent or guardian is guilty of an offense if:
(1) The parent or guardian recklessly failed or recklessly neglected to exercise reasonable supervision or control over a juvenile who is convicted of a crime, or adjudicated delinquent for an act which if committed by an adult would constitute a crime; and
(2) Such failure or neglect substantially contributed to the commission of the delinquent act or the crime.
b. This offense is a crime of the fourth degree if the juvenile is convicted of, or adjudicated delinquent for, an act which if committed by an adult would constitute a crime of the third or fourth degree.
c. This offense is a crime of the third degree if the juvenile is convicted of, or adjudicated delinquent for, an act which if committed by an adult would constitute a crime of the first or second degree.
d. The court may order a parent or guardian convicted of an offense under this act to make restitution to any person or entity who has suffered a loss as a result of that offense. The court may determine the reasonable amount, terms and conditions of restitution. However, a parent or guardian who is ordered to make restitution pursuant to paragraph (19) of subsection b. of section 24 of P.L.1982, c.77 (C.2A:4A-43) in Family Part proceedings against the juvenile shall not be ordered to make restitution pursuant to this act.
e. The Department of Human Services shall designate and establish on a regional basis three Parenting Resource Centers. One center shall be located in the southern portion of the State; one in the central portion of the State, and one in the northern portion of the State. These centers shall have the capability of serving as community treatment referral centers for persons who seek such services as well as serving as court monitors of a person's compliance with the counseling and education ordered by the court pursuant to subsection f. of this section. All centers shall be required to develop individualized counseling and education plans for all persons attending the centers, provided that the duration of any ordered treatment or referral shall not exceed one year.
Parenting Resource Centers would also serve as sources of information and referral for other parents on various issues. The centers would contract out with private agencies to provide programs in the community in this regard.
Upon a person's failure to report to the center for any ordered referral or counseling session ordered by the court, the Parenting Resource Center shall promptly notify the sentencing court of the person's failure to comply.
Upon attendance at the Parenting Resource Center, a person shall be assessed a per diem fee of not more than $50.00, which shall be reduced on a sliding scale according to the person's income.
f. In addition to any other disposition, the court shall order a parent or guardian convicted of a violation of this act to participate in an appropriate program of counseling and education on parental skills, as determined by the court in conjunction with the Parenting Resource Center. The person shall participate in the program as a condition of parole, probation or a non-custodial sentence ordered by the court.
3. The Department of Human Services shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations necessary to implement this act.
4. There is appropriated the sum of $750,000.00 to the Department of Human Services to effectuate the purposes of this act.
5. This act shall take effect immediately.
STATEMENT
This bill would enact the "Parental Responsibility Act," making parents' or guardians' inadequate supervision of their children a crime under certain circumstances.
The bill provides that when a juvenile is convicted of a crime, or adjudicated delinquent for an act which if committed by an adult would constitute a crime, a parent or guardian who recklessly failed or neglected to exercise reasonable supervision or control over that juvenile might also be guilty of a crime. The parent or guardian would be guilty if his inadequate supervision substantially contributed to the juvenile's commission of the delinquent act or the crime.
The parent or guardian would be guilty of a crime of the fourth degree if the juvenile is convicted of, or adjudicated delinquent for, an act which if committed by an adult would constitute a crime of the third or fourth degree. The parent or guardian would be guilty of a crime of the third degree if the juvenile's conviction or delinquent act constituted a crime of the first or second degree.
A crime of the fourth degree is punishable by a term of imprisonment of up to 18 months or a fine of up to $7,500 or both. A crime of the third degree is punishable by a term of three to five years or a fine of up to $7,500 or both. A crime of the second degree is punishable by a term of five to 10 years or a fine of up to $100,000, or both. A crime of the first degree is punishable by a term of 10 to 20 years or a fine of up to $100,000, or both.
The bill also provides that, in addition to any other disposition, the court would be required to order the parent or guardian to participate in an appropriate program of counseling and education on parental skills.
The bill establishes Parenting Resource Centers, which would serve as community treatment referral centers for persons ordered to participate in these programs. The centers would be required to develop individualized counseling and education plans for all persons attending the centers. The centers would be funded by fees assessed on the persons ordered to attend. Each person would be assessed a per diem fee of not more than $50.00, which would be reduced on a sliding scale according to the person's income.
Participation in the program would be mandatory for all persons sentenced to probation or released from imprisonment and to participate in an appropriate program of counseling and education on parental skills, as determined by the court in conjunction with the Parenting Resource Center. The person would participate in the program as a condition of any probation or non-custodial sentence ordered by the court or, if the person is ordered to serve a term of imprisonment, upon the person's release.
The court could also order the parent to pay restitution to the victim for the damages caused by the juvenile.
In addition to serving those parents who are ordered to participate, the Parenting Resource Centers established by this bill are also intended to serve as sources of information and referral for other parents on various issues. The centers would contract out with private agencies to provide programs in the community in this regard.
The bill would appropriate $750,000 to the Department of Human Services to fund three regional Parenting Resource Centers in the State: one in South Jersey, one in Central Jersey and one in North Jersey.
Criminalizes inadequate parental supervision, under certain circumstances, when juveniles commit criminal acts; establishes Parenting Resource Centers and appropriates $750,000.