An Act concerning 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 15 of P.L.1982, c.77 (C.2A:4A-34) is amended to read as follows:

15. Criteria for placing juvenile in detention.

a. Except as otherwise provided in this section, a juvenile charged with an act of delinquency shall be released pending the disposition of a case, if any, to any person or agency provided for in this section upon assurance being received that such person or persons accept responsibility for the juvenile and will bring him before the court as ordered.

b. No juvenile shall be placed in detention without the permission of a judge or the court intake service.

c. A juvenile charged with delinquency may not be placed or retained in detention under this act prior to disposition, except as otherwise provided by law, unless:

(1) Detention is necessary to secure the presence of the juvenile at the next hearing as evidenced by a demonstrable record of recent willful failure to appear at juvenile court proceedings or to remain where placed by the court or the court intake service or the juvenile is subject to a current warrant for failure to appear at court proceedings which is active at the time of arrest; or

(2) The physical safety of persons or property of the community would be seriously threatened if the juvenile were not detained and the juvenile is charged with an offense which, if committed by an adult, would constitute a crime of the first, second or third degree or one of the following crimes of the fourth degree: aggravated assault; stalking; criminal sexual contact; bias intimidation; failure to control or report a dangerous fire; possession of a prohibited weapon or device in violation of N.J.S.2C:39-3; or unlawful possession of a weapon in violation of N.J.S.2C:39-5; or

(3) With respect to a juvenile charged with an offense which, if committed by an adult, would constitute a crime of the fourth degree other than those enumerated in paragraph (2) of this subsection, or a disorderly persons or petty disorderly persons offense, and with respect to a juvenile charged with an offense enumerated in subsection c. when the criteria for detention are not met, the juvenile may be temporarily placed in a shelter or other non-secure placement if a parent or guardian cannot be located or will not accept custody of the juvenile. Police and court intake personnel shall make all reasonable efforts to locate a parent or guardian to accept custody of the juvenile prior to requesting or approving the juvenile's placement in a shelter or other non-secure placement. If, after the initial detention hearing, continued placement is necessary, the juvenile shall be returned to a shelter or other non-secure placement.

d. The judge or court intake officer prior to making a decision of detention shall consider and, where appropriate, employ any of the following alternatives:

(1) Release to parents;

(2) Release on juvenile's promise to appear at next hearing;

(3) Release to parents, guardian or custodian upon written assurance to secure the juvenile's presence at the next hearing;

(4) Release into care of a custodian or public or private agency reasonably capable of assisting the juvenile to appear at the next hearing;

(5) Release with imposition of restrictions on activities, associations, movements and residence reasonably related to securing the appearance of the juvenile at the next hearing;

(6) Release with required participation in a home detention program;

(7) Placement in a shelter care facility; [or]

(8) Imposition of any other restrictions other than detention or shelter care reasonably related to securing the appearance of the juvenile;

(9) In the case of a juvenile who has been charged with an offense which, if committed by an adult, would constitute unlawful possession of a weapon pursuant to N.J.S.2C:39-5 or possession of a prohibited weapon or device pursuant to N.J.S.2C:39-3, placement in a residential reengagement center or a non-residential reengagement center program and a requirement for the parent or guardian of the juvenile or an appointed court official, as appropriate, to attend hearings conducted as part of this placement. In addition, a parent or guardian of the juvenile or an appointed court official, as appropriate, shall provide written assurance that the juvenile and parent, guardian, or appointed court official, as appropriate, will appear at the at the next hearing; or

(10) In the case of a juvenile who has been charged with an offense set forth in paragraph (2) of subsection c. of this section subsequent to being charged with an offense, which, if committed by an adult, would constitute unlawful possession of a weapon pursuant to N.J.S.2C:39-5 or possession of a prohibited weapon or device pursuant to N.J.S.2C:39-3, placement in a residential reengagement center or non-residential reengagement center program and a requirement for the parent or guardian of the juvenile or an appointed court official, as appropriate, to attend hearings and participate in programs conducted as part of this placement. In addition, a parent or guardian of the juvenile or an appointed court official, as appropriate, shall provide written assurance that the juvenile and parent, guardian, or appointed court official, as appropriate, will appear at the next hearing.

As used in this section, "reengagement center" means a facility that provides counseling, direct career placement services, self-improvement programs, school assistance, resources for enrolling in college preparation courses or vocational training, extracurricular activities, and information to assist the juvenile with re-enrolling in a high school or a General Educational Development (GED) program and that gives the juvenile an opportunity to reconnect with the community for the purpose of rehabilitation and prevention of future unlawful activity.

e. In determining whether detention is appropriate for the juvenile, the following factors shall be considered:

(1) The nature and circumstances of the offense charged;

(2) The age of the juvenile;

(3) The juvenile's ties to the community;

(4) The juvenile's record of prior adjudications, if any; and

(5) The juvenile's record of appearance or nonappearance at previous court proceedings.

f. No juvenile 11 years of age or under shall be placed in detention unless he is charged with an offense which, if committed by an adult, would be a crime of the first or second degree or arson.

g. If the court places a juvenile in detention, the court shall state on the record its reasons for that detention.

h. For purposes of this section, a failure to appear at juvenile court proceedings or to remain where placed by the court or the court intake service shall be deemed recent if it occurred within the 12 months immediately preceding the detention hearing, or if it occurred within the period of 12 to 24 months preceding the detention hearing and the juvenile is unable to demonstrate a record of voluntary compliance with any subsequent court appearance and placement requirements.

(cf: P.L.2005, c.361, s.1)

2. 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 intellectual disabilities or learning disabilities;

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

(9) The impact of the offense on the victim or victims;

(10) The impact of the offense on the community; and

(11) The threat to the safety of the public or any individual posed by the child.

b. If a juvenile is adjudged delinquent, and except to the extent that an additional specific disposition is required pursuant to this section, the court, in accordance with subsection i. of section 2 of P.L.1982, c.77 (C.2A:4A-21), may order incarceration pursuant to section 25 of P.L.1982, c.77 (C.2A:4A-44) or the court may order 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;

(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 and responsibility of the Department of Children and Families so that the commissioner may designate a division or organizational unit in the department 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 Children and Families 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 Children and Families for the purpose of receiving the services of the Division of Children's System of Care 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 Children and Families under the responsibility of the Division of Children's System of Care 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) (Deleted by amendment, P.L.2019, c.363)

(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 circumstances of the act for which the juvenile was adjudicated delinquent 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;

(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 and participate in the restitution process. The court may determine the reasonable amount, terms, and conditions of restitution; [or]

(20) Place the juvenile, if eligible, in an appropriate juvenile offender program established pursuant to P.L.1997, c.81 (C.30:8-61 et al.); or

(21) In the case of a juvenile who is adjudicated delinquent for an act which, if committed by an adult, would constitute unlawful possession of a weapon pursuant to N.J.S.2C:39-5 or possession of a prohibited weapon or device pursuant to N.J.S.2C:39-3, place the juvenile in a residential reengagement center or a non-residential reengagement center program and order the parent or guardian of the juvenile or an appointed court official, as appropriate, to attend hearings conducted as part of this placement.

c. (1) 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. The decision by the court to incarcerate a juvenile shall be made in accordance with subsection i. of section 2 of P.L.1982, c.77 (C.2A:4A-21). 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) A juvenile shall not 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 that is in accordance with subsection i. of section 2 of P.L.1982, c.77 (C.2A:4A-21) and:

(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

(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 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; and

(2) (Deleted by amendment, P.L.2019, c.363)

(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) (Deleted by amendment, P.L.2019, c.363)

f. (1) (Deleted by amendment, P.L.2019, c.363)

(2) (Deleted by amendment, P.L.2019, c.363)

(3) (Deleted by amendment, P.L.2019, c.363)

g. 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, the order shall include provisions which provide balanced attention to the protection of the community, accountability for offenses committed, fostering interaction and dialogue between the offender, victim, and community and the development of competencies to enable the child to become a responsible and productive member of the community.

(cf: P.L.2021, c.342, s.1)

3. This act shall take effect immediately.

STATEMENT

This bill concerns juveniles who are charged with or adjudicated delinquent for certain firearms offenses.

Under current law, a judge or court intake officer is required to consider and where appropriate, use certain alternatives to placing a juvenile who has been charged with certain offenses in a juvenile detention facility. In addition to those alternatives set forth under current law, this bill includes the following as alternatives to placing a juvenile in detention: 1) in the case of a juvenile who has been charged with an offense which, if committed by an adult, would constitute unlawful possession of a weapon or possession of a prohibited weapon or device, placement in a residential reengagement center or a non-residential reengagement center program and a requirement for the parent or guardian of the juvenile or an appointed court official, as appropriate, to attend hearings conducted as part of this placement; and 2) in the case of a juvenile who has been charged with an offense which, if committed by an adult, would constitute a crime of the first, second, or third degree, or one of the following fourth degree crimes: aggravated assault, stalking, criminal sexual contact, bias intimidation, failure to control or report a dangerous fire, possession of a prohibited weapon or device or unlawful possession of a weapon subsequent to being charged with an offense, which, if committed by an adult, would constitute unlawful possession of a weapon or possession of a prohibited weapon or device, placement in a residential reengagement center or a non-residential reengagement center program and a requirement for the parent or guardian of the juvenile or an appointed court official, as appropriate, to attend hearings and participate in programs conducted as part of this placement.

In both cases, a parent or guardian of the juvenile or an appointed court official, as appropriate, is required to provide written assurance that the juvenile and the parent, guardian, or appointed court official, as appropriate, will appear at the next hearing.

In addition, under current law, if a juvenile is adjudicated delinquent, the court, in accordance with certain principles, may order incarceration of the juvenile or may order certain other enumerated dispositions. Under this bill, in addition to the dispositions set forth under current law, the court may also order the following disposition: in the case of a juvenile who is adjudicated delinquent for an act, which if committed by an adult, would constitute unlawful possession of a weapon or possession of a prohibited weapon or device, place the juvenile in a residential reengagement center or a non-residential reengagement center program and order the parent or guardian of the juvenile or an appointed court official, as appropriate, to attend hearings conducted as part of this placement.

Further, under current law, one of the enumerated dispositions that a judge may order is a requirement for a parent or guardian of the juvenile to make restitution in certain cases. This bill clarifies that the parent or guardian is also required to participate in the restitution process.

Under the bill, "reengagement center" is defined as a facility that provides counseling, direct career placement services, self-improvement programs, school assistance, resources for enrolling in college preparation courses or vocational training, extracurricular activities, and information to assist the juvenile with re-enrolling in a high school or a General Educational Development (GED) program and that gives the juvenile an opportunity to reconnect with the community for the purpose of rehabilitation and prevention of future unlawful activity.