SENATE, No. 1198

 

STATE OF NEW JERSEY

 

INTRODUCED MAY 30, 1996

 

 

By Senator ZANE

 

 

An Act concerning juvenile crime and amending P.L.1982, c.77 and N.J.S.2B:12-17.

 

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

 

    1.    Section 5 of P.L.1982, c.77 (C.2A:4A-24) is amended to read as follows:

    5.    Exclusive jurisdiction of the court and nature of jurisdiction.    a.    Except as otherwise provided by N.J.S.2B:12-17 or any other provision of law, the court shall have exclusive jurisdiction in all cases where it is charged that a juvenile has committed an act of delinquency and over all matters relating to a juvenile-family crisis. Upon the determination that a juvenile has committed an act of delinquency or that a juvenile-family crisis exists, the court may impose such disposition or dispositions over those persons subject to its jurisdiction consistent with the purposes of this act.

    Such jurisdiction shall extend in these matters over a juvenile and his parent, guardian or any family member found by the court to be contributing to a juvenile-family crisis. The court shall, in accordance with the Rules of Court, clearly specify the responsibilities of those subject to its jurisdiction with respect to the plan of rehabilitation for the juvenile.

    b.    The court shall have jurisdiction in respect to the custody of any juvenile who may be held as a material witness in any case pending in the court. Whenever a juvenile is a material witness in any other court, the procedures established by this act shall be followed.

    c.    Juveniles who appear before the court in any capacity shall be deemed to be wards of the court and protected accordingly.

    d.    Nothing in this act shall affect the jurisdiction of other courts over offenses committed after a juvenile under the jurisdiction of the court reaches the age of 18 years.

(cf: P.L.1982, c.77, s.5)


    2.    N.J.S.2B:12-17 is amended to read as follows:

    2B:12-17. Jurisdiction of specified offenses. A municipal court has jurisdiction over the following cases within the territorial jurisdiction of the court:

    a.    Violations of municipal ordinances;

    b.    Violations of the motor vehicle and traffic laws;

    c.    Disorderly persons offenses, petty disorderly persons offenses and other non-indictable offenses except where exclusive jurisdiction is given to the Superior Court;

    d.    Violations of the fish and game laws;

    e.    Proceedings to collect a penalty where jurisdiction is granted by statute; [and]

    f.    Acts committed by juveniles which, if committed by adults, would constitute disorderly persons offenses or petty disorderly persons offenses; and

    g.    Any other proceedings where jurisdiction is granted by statute.

    The municipal court having jurisdiction over a case involving a juvenile pursuant to subsection f. of this section may order any disposition pursuant to section 24 of P.L.1982, c.77 (C.2A:4A-43) except incarceration and, in addition, shall order the following dispositions:

    (1) For a juvenile's first adjudication of delinquency pursuant to subsection f. of this section or pursuant to the "New Jersey Code of Juvenile Justice," P.L.1982, c.77 (C.2A:4A-20 et seq.), the court shall require the juvenile to make resitutition, pursuant to paragraph (9) of subsection b. of section 24 of P.L.1982, c.77 (C.2A:4A-43) to any person or entity who suffered loss as a result of the juvenile's offense, and shall also order the juvenile to perform community services pursuant to paragraph (10) of subsection b. of section 24 of P.L.1982, c.77 (C.2A:4A-43) for a minimum of one week;

    (2) For a juvenile's second adjudication of delinquency pursuant to subsection f. of this section or pursuant to the "New Jersey Code of Juvenile Justice," P.L.1982, c.77 (C.2A:4A-20 et seq.), the court shall require the juvenile to make resitutition, pursuant to paragraph (9) of subsection b. of section 24 of P.L.1982, c.77 (C.2A:4A-43), to any person or entity who suffered loss as a result of the juvenile's offense, and shall also order the juvenile to perform community services pursuant to paragraph (10) of subsection b. of section 24 of P.L.1982, c.77 (C.2A:4A-43) for a minimum of two weeks and shall order the juvenile to pay a fine of $50.00 pursuant to paragraph (8) of subsection b. of section 24 of P.L.1982, c.77. In addition, the court shall require any parent or guardian who has failed or neglected to exercise reasonable supervision or control over the juvenile to make restitution to any person or entity who has suffered a loss as a result of the juvenile's offense and to perform community services for a minimum of one week.

    (3) For a juvenile's third adjudication of delinquency pursuant to subsection f. of this section or pursuant to the "New Jersey Code of Juvenile Justice," P.L.1982, c.77 (C.2A:4A-20 et seq.), the court shall require the juvenile to make resitutition, pursuant to paragraph (9) of subsection b. of section 24 of P.L.1982, c.77 (C.2A:4A-43) to any person or entity who suffered loss as a result of the juvenile's offense, and shall also order the juvenile to perform community services pursuant to paragraph (10) of subsection b. of section 24 of P.L.1982, c.77 (C.2A:4A-43) for a minimum of two weeks and shall order the juvenile to pay a fine of $100.00 pursuant to paragraph (8) of subsection b. of section 24 of P.L.1982, c.77. In addition, the court shall require any parent or guardian who has failed or neglected to exercise reasonable supervision or control over the juvenile to make restitution to any person or entity who has suffered a loss as a result of the juvenile's offense and to perform community services for a minimum of one week.

    (4) For a juvenile's fourth adjudication of delinquency pursuant to subsection f. of this section or pursuant to the "New Jersey Code of Juvenile Justice," P.L.1982, c.77 (C.2A:4A-20 et seq.), the court shall waive jurisdiction over the case and refer the case to the Family Part of the Chancery Division, Superior Court, pursuant to section 3 of P.L. , c. (C. )(now pending before the Legislature as this bill).

(cf: P.L.1993, c.293, s.1)

 

    3.    (New section) The Family Part of the Chancery Division of the Superior Court shall have jurisdiction over any juvenile who receives a fourth or subsequent adjudication of delinquency pursuant to N.J.S.2B:12-17.

 

    4.    (New section) In addition to any other disposition ordered pursuant to section 24 of P.L.1982, c.77 (C.2A:4A-43), the Family Part shall order a juvenile who receives a fourth or subsequent adjudication of delinquency pursuant to N.J.S.2B:12-17 to:

    (a)  serve a period of incarceration of not less than 30 days pursuant to subsection c. of section 24 of P.L. 1982, c.77 (C.2A:4A-43);

    (b)  make resitutition, pursuant to paragraph (9) of subsection b. of section 24 of P.L.1982, c.77 (C.2A:4A-43), to any person or entity who suffered loss as a result of the juvenile's offense;

    (c)  perform community services pursuant to paragraph (10) of subsection b. of section 24 of P.L.1982, c.77 (C.2A:4A-43) for a minimum of two weeks; and

    (d)  pay a fine of $100.00 pursuant to paragraph (8) of subsection b. of section 24 of P.L.1982, c.77.

    In addition, the court shall require any parent or guardian who has failed or neglected to exercise reasonable supervision or control over the juvenile to make restitution to any person or entity who has suffered a loss as a result of the juvenile's offense and to perform community services for a minimum of one week.

 

    5.    Section 24 of P.L.1982, c.77 (C.2A:4A-43) is amended to read as follows:

    24.  Disposition of delinquency cases. a. In determining the appropriate disposition for a juvenile adjudicated delinquent the court shall weigh the following factors:

    (1)  The nature and circumstances of the offense;

    (2)  The degree of injury to persons or damage to property caused by the juvenile's offense;

    (3)  The juvenile's age, previous record, prior social service received and out-of-home placement history;

    (4)  Whether the disposition supports family strength, responsibility and unity and the well-being and physical safety of the juvenile;

    (5)  Whether the disposition provides for reasonable participation by the child's parent, guardian, or custodian, provided, however, that the failure of a parent or parents to cooperate in the disposition shall not be weighed against the juvenile in arriving at an appropriate disposition;

    (6)  Whether the disposition recognizes and treats the unique physical, psychological and social characteristics and needs of the child;

    (7)  Whether the disposition contributes to the developmental needs of the child, including the academic and social needs of the child where the child has mental retardation or learning disabilities; and

    (8)  Any other circumstances related to the offense and the juvenile's social history as deemed appropriate by the court.

    b.    If a juvenile is adjudged delinquent, and except to the extent that an additional specific disposition is required pursuant to subsection e. or f. of this section, the court may order incarceration pursuant to section 25 of P.L.1982, c.77 (C.2A:4A-44) or any one or more of the following dispositions:

    (1)  Adjourn formal entry of disposition of the case for a period not to exceed 12 months for the purpose of determining whether the juvenile makes a satisfactory adjustment, and if during the period of continuance the juvenile makes such an adjustment, dismiss the complaint; provided that if the court adjourns formal entry of disposition of delinquency for a violation of an offense defined in chapter 35 or 36 of Title 2C, of the New Jersey Statutes the court shall assess the mandatory penalty set forth in N.J.S.2C:35-15 but may waive imposition of the penalty set forth in N.J.S.2C:35-16 for juveniles adjudicated delinquent;

    (2)  Release the juvenile to the supervision of the juvenile's parent or guardian;

    (3)  Place the juvenile on probation to the chief probation officer of the county or to any other suitable person who agrees to accept the duty of probation supervision for a period not to exceed three years upon such written conditions as the court deems will aid rehabilitation of the juvenile;

    (4)  Transfer custody of the juvenile to any relative or other person determined by the court to be qualified to care for the juvenile;

    (5)  Place the juvenile under the care of the Department of Human Services under the responsibility of the Division of Youth and Family Services pursuant to P.L.1951, c.138 (C.30:4C-1 et seq.) for the purpose of providing services in or out of the home. Within 14 days, unless for good cause shown, but not later than 30 days, the Department of Human Services shall submit to the court a service plan, which shall be presumed valid, detailing the specifics of any disposition order. The plan shall be developed within the limits of fiscal and other resources available to the department. If the court determines that the service plan is inappropriate, given existing resources, the department may request a hearing on that determination;

    (6)  Place the juvenile under the care and custody of the Commissioner of the Department of Human Services for the purpose of receiving the services of the Division of Developmental Disabilities of that department, provided that the juvenile has been determined to be eligible for those services under P.L.1965, c.59, s.16 (C.30:4-25.4);

    (7)  Commit the juvenile, pursuant to applicable laws and the Rules of Court governing civil commitment, to the Department of Human Services under the responsibility of the Division of Mental Health Services for the purpose of placement in a suitable public or private hospital or other residential facility for the treatment of persons who are mentally ill, on the ground that the juvenile is in need of involuntary commitment;

    (8)     Fine the juvenile an amount not to exceed the maximum provided by law for such a crime or offense if committed by an adult and which is consistent with the juvenile's income or ability to pay and financial responsibility to the juvenile's family, provided that the fine is specially adapted to the rehabilitation of the juvenile or to the deterrence of the type of crime or offense. If the fine is not paid due to financial limitations, the fine may be satisfied by requiring the juvenile to submit to any other appropriate disposition provided for in this section;

    (9)     Order the juvenile to make restitution to a person or entity who has suffered loss resulting from personal injuries or damage to property as a result of the offense for which the juvenile has been adjudicated delinquent. The court may determine the reasonable amount, terms and conditions of restitution. If the juvenile participated in the offense with other persons, the participants shall be jointly and severally responsible for the payment of restitution. The court shall not require a juvenile to make full or partial restitution if the juvenile reasonably satisfies the court that the juvenile does not have the means to make restitution and could not reasonably acquire the means to pay restitution;

    (10)   Order that the juvenile perform community services under the supervision of a probation division or other agency or individual deemed appropriate by the court. Such services shall be compulsory and reasonable in terms of nature and duration. Such services may be performed without compensation, provided that any money earned by the juvenile from the performance of community services may be applied towards any payment of restitution or fine which the court has ordered the juvenile to pay;

    (11)   Order that the juvenile participate in work programs which are designed to provide job skills and specific employment training to enhance the employability of job participants. Such programs may be without compensation, provided that any money earned by the juvenile from participation in a work program may be applied towards any payment of restitution or fine which the court has ordered the juvenile to pay;

    (12)   Order that the juvenile participate in programs emphasizing self-reliance, such as intensive outdoor programs teaching survival skills, including but not limited to camping, hiking and other appropriate activities;

    (13)   Order that the juvenile participate in a program of academic or vocational education or counseling, such as a youth service bureau, requiring attendance at sessions designed to afford access to opportunities for normal growth and development. This may require attendance after school, evenings and weekends;

    (14)   Place the juvenile in a suitable residential or nonresidential program for the treatment of alcohol or narcotic abuse, provided that the juvenile has been determined to be in need of such services;

    (15)   Order the parent or guardian of the juvenile to participate in appropriate programs or services when the court has found either that such person's omission or conduct was a significant contributing factor towards the commission of the delinquent act, or, under its authority to enforce litigant's rights, that such person's omission or conduct has been a significant contributing factor towards the ineffective implementation of a court order previously entered in relation to the juvenile;

    (16)   (a) Place the juvenile in a nonresidential program operated by a public or private agency, providing intensive services to juveniles for specified hours, which may include education, counseling to the juvenile and the juvenile's family if appropriate, vocational training, employment counseling, work or other services;

    (b)     Place the juvenile under the custody of the Juvenile Justice Commission established pursuant to section 2 of P.L.1995, c.284 (C.52:17B-170) for placement with any private group home or private residential facility with which the commission has entered into a purchase of service contract;

    (17)   Instead of or in addition to any disposition made according to this section, the court may postpone, suspend, or revoke for a period not to exceed two years the driver's license, registration certificate, or both of any juvenile who used a motor vehicle in the course of committing an act for which the juvenile was adjudicated delinquent. In imposing this disposition and in deciding the duration of the postponement, suspension, or revocation, the court shall consider the severity of the delinquent act and the potential effect of the loss of driving privileges on the juvenile's ability to be rehabilitated. Any postponement, suspension, or revocation shall be imposed consecutively with any custodial commitment;

    (18)   Order that the juvenile satisfy any other conditions reasonably related to the rehabilitation of the juvenile; or    (19)   Order a parent or guardian who has failed or neglected to exercise reasonable supervision or control of a juvenile who has been adjudicated delinquent 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.

    c. (1) Except as otherwise provided in subsections e. and f. of this section, if the county in which the juvenile has been adjudicated delinquent has a juvenile detention facility meeting the physical and program standards established pursuant to this subsection by the Juvenile Justice Commission, the court may, in addition to any of the dispositions not involving placement out of the home enumerated in this section, incarcerate the juvenile in the youth detention facility in that county for a term not to exceed 60 consecutive days. Counties which do not operate their own juvenile detention facilities may contract for the use of approved commitment programs with counties with which they have established agreements for the use of pre-disposition juvenile detention facilities. The Juvenile Justice Commission shall promulgate such rules and regulations from time to time as deemed necessary to establish minimum physical facility and program standards for the use of juvenile detention facilities pursuant to this subsection.

    (2)     No juvenile may be incarcerated in any county detention facility unless the county has entered into an agreement with the Juvenile Justice Commission concerning the use of the facility for sentenced juveniles. Upon agreement with the county, the Juvenile Justice Commission shall certify detention facilities which may receive juveniles sentenced pursuant to this subsection and shall specify the capacity of the facility that may be made available to receive such juveniles; provided, however, that in no event shall the number of juveniles incarcerated pursuant to this subsection exceed 50% of the maximum capacity of the facility.

    (3)     The court may fix a term of incarceration under this subsection where:

    (a)     The act for which the juvenile was adjudicated delinquent, if committed by an adult, would have constituted a crime or repetitive disorderly persons offense;

    (b)     Incarceration of the juvenile is consistent with the goals of public safety, accountability and rehabilitation and the court is clearly convinced that the aggravating factors substantially outweigh the mitigating factors as set forth in section 25 of P.L.1982, c.77 (C.2A:4A-44); and

    (c)     The detention facility has been certified for admission of adjudicated juveniles pursuant to paragraph (2).

    (4)     If as a result of incarceration of adjudicated juveniles pursuant to this subsection, a county is required to transport a predisposition juvenile to a juvenile detention facility in another county, the costs of such transportation shall be borne by the Juvenile Justice Commission.

    (d).    Whenever the court imposes a disposition upon an adjudicated delinquent which requires the juvenile to perform a community service, restitution, or to participate in any other program provided for in this section other than subsection c., the duration of the juvenile's mandatory participation in such alternative programs shall extend for a period consistent with the program goal for the juvenile and shall in no event exceed one year beyond the maximum duration permissible for the delinquent if the juvenile had been committed to a term of incarceration.

    (e).    In addition to any disposition the court may impose pursuant to this section or section 25 of P.L.1982, c.77 (C.2A:4A-44), the following orders shall be included in dispositions of the adjudications set forth below:

    (1)     An order of incarceration for a term of the duration authorized pursuant to this section or section 25 of P.L.1982, c.77 (C.2A:4A-44) or an order to perform community service pursuant to paragraph (10) of subsection b. of this section for a period of at least 60 days, if the juvenile has been adjudicated delinquent for an act which, if committed by an adult, would constitute the crime of theft of a motor vehicle, or the crime of unlawful taking of a motor vehicle in violation of subsection c. of N.J.S.2C:20-10, or the third degree crime of eluding in violation of subsection b. of N.J.S.2C:29-2;

    (2)     An order of incarceration for a term of the duration authorized pursuant to this section or section 25 of P.L.1982, c.77 (C.2A:4A-44) which shall include a minimum term of 60 days during which the juvenile shall be ineligible for parole, if the juvenile has been adjudicated delinquent for an act which, if committed byan adult, would constitute the crime of aggravated assault in violation of paragraph (6) of subsection b. of N.J.S.2C:12-1, the second degree crime of eluding in violation of subsection b. of N.J.S.2C:29-2, or theft of a motor vehicle, in a case in which the juvenile has previously been adjudicated delinquent for an act, which if committed by an adult, would constitute unlawful taking of a motor vehicle or theft of a motor vehicle;

    (3)     An order to perform community service pursuant to paragraph (10) of subsection b. of this section for a period of at least 30 days, if the juvenile has been adjudicated delinquent for an act which, if committed by an adult, would constitute the fourth degree crime of unlawful taking of a motor vehicle in violation of subsection b. of N.J.S.2C:20-10;

    (4)     An order of incarceration for a term of the duration authorized pursuant to this section or section 25 of P.L.1982, c.77 (C.2A:4A-44) which shall include a minimum term of 30 days during which the juvenile shall be ineligible for parole, if the juvenile has been adjudicated delinquent for an act which, if committed by an adult, would constitute the crime of unlawful taking of a motor vehicle in violation of N.J.S.2C:20-10 or the third degree crime of eluding in violation of subsection b. of N.J.S.2C:29-2, and if the juvenile has previously been adjudicated delinquent for an act which, if committed by an adult, would constitute either theft of a motor vehicle, the unlawful taking of a motor vehicle or eluding.

    f. (1) The minimum terms of incarceration required pursuant to subsection e. of this section shall be imposed regardless of the weight or balance of factors set forth in this section or in section 25 of P.L.1982, c.77 (C.2A:4A-44), but the weight and balance of those factors shall determine the length of the term of incarceration appropriate, if any, beyond any mandatory minimum term required pursuant to subsection e. of this section.

    (2)     When a court in a county that does not have a juvenile detention facility or a contractual relationship permitting incarceration pursuant to subsection c. of this section is required to impose a term of incarceration pursuant to subsection e. of this section, the court may, subject to limitations on commitment to State correctional facilities of juveniles who are under the age of 11 or developmentally disabled, set a term of incarceration consistent with subsection c. which shall be served in a State correctional facility. When a juvenile who because of age or developmental disability cannot be committed to a State correctional facility or cannot be incarcerated in a county facility, the court shall order a disposition appropriate as an alternative to any incarceration required pursuant to subsection e.

    (3)     For purposes of subsection e. of this section, in the event that a "boot camp" program for juvenile offenders should be developed and is available, a term of commitment to such a program shall be considered a term of incarceration.

    g. In addition to any disposition the court may impose pursuant to this section or section 25 of P.L.1982, c.77 (C.2A:4A-44), the following orders shall be included in dispositions of the adjudications set forth below:

    (1) If the juvenile has been adjudicated delinquent for an act which, if committed by an adult, would constitute a crime of the fourth degree, the court's disposition shall include the following:

    (a) an order to perform community service pursuant to paragraph (10) of subsection b. of this section for a period of at least 30 days: and

    (b) an order to make restitution pursuant to paragraph (9) of subsection b. of this section to any person or entity who suffered loss as a result of the juvenile's offense.

    (2) If the juvenile is adjudicated delinquent on a second occasion for an act which, if committed by an adult, would constitute a crime of the fourth degree, the court shall, in addition to the provisions of subparagraph (b) of paragraph (1):

    (a) order the juvenile to perform community service for a period of at least 60 days;

    (b) order the juvenile to pay a fine of $50 pursuant to paragraph (8) of subsection b. of this section; and

    (c) if the court finds that any parent or guardian of the juvenile failed or neglected to exercise reasonable supervision or control over the juvenile, order that parent or guardian to make restitution to any person or entity who suffered a loss as a result of the juvenile's offense.

    (3) of the juvenile is adjudicated delinquent on a third or subsequent occasion for an act which, if committed by an adult, would constitute a crime of the fourth degree, the court shall, in addition to the provisions of subparagraphs (a) and (c) of paragraph (2), order the juvenile to pay a fine of $100.00.

    (4) If the juvenile is adjudicated delinquent for an act which, if committed by an adult, would constitute a crime of the third degree, the court's disposition shall include the following:

    (a) an order to perform community service pursuant to paragraph (10) of subsection b. of this section for a period of at least 60 days: and

    (b) an order to make restitution pursuant to paragraph (9) of subsection b. of this section to any person or entity who suffered loss as a result of the juvenile's offense.

    (5) If the juvenile is adjudicated delinquent on a second occasion for an act which, if committed by an adult, would constitute a crime of the third degree, the court shall, in addition to the provisions of subparagraph (b) of paragraph (4):

    (a) order the juvenile to perform community service for a period of at least 90 days;

    (b) order the juvenile to pay a fine of $100.00 pursuant to paragraph (8) of subsection b. of this section; and

    (c) of the court finds that any parent or guardian of the juvenile failed or neglected to exercise reasonable supervision or control over the juvenile, order that parent or guardian to make restitution to any person or entity who suffered a loss as a result of the juvenile's offense.

    (6) if the juvenile is adjudicated delinquent on a third or subsequent occasion for an act which, if committed by an adult, would constitute a crime of the third degree, the court shall, in addition to the provisions of subparagraph (a) and (c) of paragraph (5), order the juvenile to pay a fine of $150.00.

    (7) If the juvenile is adjudicated delinquent for an act which, if committed by an adult, would constitute a crime of the second degree, the court's disposition shall include the following:

    (a) an order of incarceration for a term of the duration authorized pursuant to this section or section 25 of P.L.1982, c.77 (C.2A:4A-44) which shall include a minimum term of 30 days during which the juvenile shall be ineligible for parole;

    (b) an order to perform community service for a period of at least 90 days: and

    (c) an order to make restitution pursuant to paragraph (9) of subsection b. of this section to any person or entity who suffered loss as a result of the juvenile's offense.

    (8) If the juvenile is adjudicated delinquent on a second occasion for an act which, if committed by an adult, would constitute a crime of the second degree, the court shall, in addition to the provisions of subparagraph (c) of paragraph (7):

    (a) issue an order of incarceration for a term of the duration authorized pursuant to this section or section 25 of P.L.1982, c.77 (C.2A:4A-44) which shall include a minimum term of 60 days during which the juvenile shall be ineligible for parole;

    (b) order the juvenile to perform community service for a period of at least 90 days;

    (c) order the juvenile to pay a fine of $150.00 pursuant to paragraph (8) of subsection b. of this section; and

    (d) if the court finds that any parent or guardian of the juvenile failed or neglected to exercise reasonable supervision or control over the juvenile, order that parent or guardian to make restitution to any person or entity who suffered a loss as a result of the juvenile's offense.

    (9) If the juvenile is adjudicated delinquent on a third or subsequent occasion for an act which, if committed by an adult, would constitute a crime of the second degree, the court shall, in addition to subparagraph (c) of the provisions of paragraph (7),

    (a) issue an order of incarceration for a term of the duration authorized pursuant to this section or section 25 of P.L.1982, c.77 (C.2A:4A-44) which shall include a minimum term of 180 days during which the juvenile shall be ineligible for parole;

    (b) order the juvenile to perform community service for a period of at least 90 days;

    (c) order the juvenile to pay a fine of $200.00 pursuant to paragraph (8) of subsection b. of this section; and

    (d) if the court finds that any parent or guardian of the juvenile failed or neglected to exercise reasonable supervision or control over the juvenile, order that parent or guardian to make restitution to any person or entity who suffered a loss as a result of the juvenile's offense.

    (10) If the juvenile is adjudicated delinquent for an act which, if committed by an adult, would constitute a crime of the first degree, the court's disposition shall include the following:

    (a) an order of incarceration for a term of the duration authorized pursuant to this section or section 25 of P.L.1982, c.77 (C.2A:4A-44) which shall include a minimum term of one year during which the juvenile shall be ineligible for parole;

    (b) an order to perform community service pursuant to paragraph (10) of subsection b. of this section for a period of at least 90 days: and

    (c) an order to make restitution pursuant to paragraph (9) of subsection b. of this section to any person or entity who suffered loss as a result of the juvenile's offense.

    (11) If the juvenile is adjudicated delinquent on a second occasion for an act which, if committed by an adult, would constitute a crime of the first degree, the court shall, in addition to the provisions of subparagraph (c) of paragraph (10):

    (a) issue an order of incarceration for a term of the duration authorized pursuant to this section or section 25 of P.L.1982, c.77 (C.2A:4A-44) which shall include a minimum term of three years during which the juvenile shall be ineligible for parole;

    (b) order the juvenile to perform community service for a period of at least 90 days;

    (c) order the juvenile to pay a fine of $250.00 pursuant to paragraph (8) of subsection b. of this section; and

    (d) if the court finds that any parent or guardian of the juvenile failed or neglected to exercise reasonable supervision or control over the juvenile, order that parent or guardian to serve a term of incarceration for a term of 30 days and order the parent or guardian to make restitution to any person or entity who suffered a loss as a result of the juvenile's offense.

    (12) If the juvenile is adjudicated delinquent on a third or subsequent occasion for an act which, if committed by an adult, would constitute a crime of the first degree, the court shall, in addition to the provisions subparagraph (c) of paragraph (10),

    (a) issue an order of incarceration for a term of the duration authorized pursuant to this section or section 25 of P.L.1982, c.77 (C.2A:4A-44) which shall include a minimum term of five years during which the juvenile shall be ineligible for parole;

    (b) order the juvenile to perform community service for a period of at least 90 days;

    (c) order the juvenile to pay a fine of $300.00 pursuant to paragraph (8) of subsection b. of this section; and

    (d) if the court finds that any parent or guardian of the juvenile failed or neglected to exercise reasonable supervision or control over the juvenile, order that parent or guardian to serve a term of incarceration for a term of 30 days and order the parent or guardian to make restitution to any person or entity who suffered a loss as a result of the juvenile's offense.

(cf: P.L.1995, c.280, s.10)

 

    6. This act shall take effect immediately.

 

 

STATEMENT

 

    This bill would impose mandatory dispositions on every juvenile who is adjudicated delinquent for an act which, if committed by an adult, would constitute a crime or a criminal offense. Parents and guardians of juveniles who fail or neglect to exercise reasonable supervision or control over the juveniles would also be subject to court sanctions depending on the severity of the juvenile's offense, ranging from community service to incarceration.

    The mandatory penalties increase in severity for every subsequent adjudication of delinquency.

    The bill also provides that municipal courts, rather than the family court, would handle cases involving juveniles who commit the equivalent of disorderly persons and petty disorderly persons offenses.

    Under the bill, in addition to any other remedies which can be ordered by the court under current law, a juvenile who is adjudicated delinquent for the first time for an offense which, if committed by an adult, would constitute a disorderly persons or petty disorderly persons offense, would be required to pay restitution to any victim of the offense he committed, and to perform community service for at least one week. Second adjudications would require the juvenile to also pay a fine of $50.00 to the court; third adjudications would also require a fine of $100 and, in addition, would require a parent or guardian who failed or neglected to exercise reasonable supervision or control over the juvenile to himself pay restitution and to perform one week's community service.

    The family court would handle all cases involving juveniles who are adjudicated delinquent on a fourth or subsequent occasion for petty disorderly persons and disorderly persons offenses. For a fourth adjudication, the court would be required to impose a term of 30 days' incarceration; require the juvenile to pay restitution to the victim; require the juvenile to serve two weeks' community service; and require him to pay a $100 fine. In addition, a parent or guardian of a fourth offender who failed or neglected to exercise reasonable supervision or control over the juvenile would himself be required to pay restitution and perform one week's community service.

    For juveniles who commit acts which are the equivalent of fourth, third, second and first degree crimes, this bill requires the family court, in addition to imposing any other penalties permitted by law, to impose mandatory minimum penalties as follows:

    Juveniles who commit the equivalent of crimes of the fourth degree:           A minimum of 30 days' community service and payment of restitution to the victim for first offenders. Second offenders would, in addition to these penalties, be required to perform community service for at least 60 days, pay a fine of $50, make payment of restitution and, if the court finds that a parent or guardian of the juvenile failed or neglected to exercise reasonable supervision or control over him, the parent or guardian would be required to pay restitution. Third offenders would be required to perform community service. The parent or guardian could be required to pay restitution and the juvenile would pay a fine of $100.00

    Juveniles who commit the equivalent of crimes of the third degree:          60 days' community service and restitution for a first offense. Second offenders would also serve community service for at least 90 days, pay a fine of $100.00, make a payment of restitution and their parent or guardian could be ordered to make restitution. Third offenders would be required to perform community service for a period of 90 days, the parent could be required to pay restitution and the juvenile could pay a fine of $150.00.

    Juveniles who commit the equivalent of crimes of the second degree:           Incarceration for at least 30 days during which the juvenile would be ineligible for parole; at least 90 days' community service; payment of restitution. Second offenders would serve a term of incarceration of at least 60 days without parole eligibility; perform at least 90 days' community service, make restitution, pay a fine of $150.00; and parents or guardians would be subject to payment of restitution. Third offenders would be required to serve at least 180 days' incarceration, perform 90 days' community service, make restitution, pay a $200 fine, and the juvenile's parent or guardian would be subject to payment of restitution.

    Juveniles who commit the equivalent of crimes of the first degree:           Incarceration for at least one year during which the juvenile would be ineligible for parole; community service for at least 90 days; payment of restitution. Second offenders would serve mandatory minimum terms of incarceration of at least three years, community service for a period of at least 90 days, pay a fine of $250.00, and make restitution, third offenders,would serve a minimum term of incarceration for at least five years, community service for at least 90 days, make restitution and a fine of $300. Parents of these offenders would be subject to a term of 30 days' incarceration as well as payment of restitution.

 

 

                             

Imposes mandatory dispositions and terms of incarceration on all juveniles adjudicated delinquent and on certain parents and guardians of such juveniles.