An Act concerning juvenile justice and amending and supplementing various parts of the statutory law.

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

1. Section 7 of P.L.1982, c.77 (C.2A:4A-26) is amended to read as follows:

7. a. On motion of the prosecutor, the court shall, without the consent of the juvenile, waive jurisdiction over a case and refer that case from the Superior Court, Chancery Division, Family Part to the appropriate court and prosecuting authority having jurisdiction if it finds, after hearing, that:

(1) The juvenile was [14] 16 years of age or older at the time of the charged delinquent act; and

(2) There is probable cause to believe that the juvenile committed a delinquent act or acts which if committed by an adult would constitute:

(a) Criminal homicide other than death by auto, strict liability for drug induced deaths, pursuant to N.J.S.2C:35-9, robbery which would constitute a crime of the first degree, carjacking, aggravated sexual assault, sexual assault, aggravated assault which would constitute a crime of the second degree, kidnapping, aggravated arson, or gang criminality pursuant to section 1 of P.L.2007, c.341 (C.2C:33-29) where the underlying crime is enumerated in this subparagraph or promotion of organized street crime pursuant to section 2 of P.L.2007, c.341 (C.2C:33-30) which would constitute a crime of the first or second degree which is enumerated in this subparagraph; or

(b) A crime committed at a time when the juvenile had previously been adjudicated delinquent, or convicted, on the basis of any of the offenses enumerated in subsection a.(2)(a); or

(c) A crime committed at a time when the juvenile had previously been sentenced and confined in an adult penal institution; or

(d) An offense against a person committed in an aggressive, violent and willful manner, other than an offense enumerated in subsection a.(2)(a) of this section, or the unlawful possession of a firearm, destructive device or other prohibited weapon, arson or death by auto if the juvenile was operating the vehicle under the influence of an intoxicating liquor, narcotic, hallucinogenic or habit producing drug; or

(e) A violation of N.J.S.2C:35-3, N.J.S.2C:35-4, or N.J.S.2C:35-5; or

(f) Crimes which are a part of a continuing criminal activity in concert with two or more persons and the circumstances of the crimes show the juvenile has knowingly devoted himself to criminal activity as a source of livelihood; or

(g) An attempt or conspiracy to commit any of the acts enumerated in paragraph (a), (d) or (e) of this subsection; or

(h) Theft of an automobile pursuant to chapter 20 of Title 2C of the New Jersey Statutes; or

(i) Possession of a firearm with a purpose to use it unlawfully against the person of another under subsection a. of N.J.S.2C:39-4, or the crime of aggravated assault, aggravated criminal sexual contact, burglary or escape if, while in the course of committing or attempting to commit the crime including the immediate flight therefrom, the juvenile possessed a firearm; or

(j) Computer criminal activity which would be a crime of the first or second degree pursuant to section 4 or section 10 of P.L.1984. c.184 (C.2C:20-25 or C.2C:20-31); and

(3) Except with respect to any of the acts enumerated in subparagraph (a), (i) or (j) of paragraph (2) of subsection a. of this section, or with respect to any acts enumerated in subparagraph (e) of paragraph (2) of subsection a. of this section which involve the distribution for pecuniary gain of any controlled dangerous substance or controlled substance analog while on any property used for school purposes which is owned by or leased to any school or school board, or within 1,000 feet of such school property or while on any school bus, or any attempt or conspiracy to commit any of those acts, the State has shown that the nature and circumstances of the charge or the prior record of the juvenile are sufficiently serious that the interests of the public require waiver.

b. (Deleted by amendment, P.L.1999, c.373).

c. An order referring a case shall incorporate therein not only the alleged act or acts upon which the referral is premised, but also all other delinquent acts arising out of or related to the same transaction.

d. A motion seeking waiver shall be filed by the prosecutor within [30] 60 days of receipt of the complaint. This time limit shall not, except for good cause shown, be extended.

e. [If the juvenile can show that the probability of his rehabilitation by the use of the procedures, services and facilities available to the court prior to the juvenile reaching the age of 19 substantially outweighs the reasons for waiver, waiver shall not be granted] A motion for waiver shall not be granted unless the prosecution proves, by clear and convincing evidence, that the reasons for waiver outweigh the probability of the juvenile's rehabilitation by the use of the procedures, services and facilities available to the court prior to the juvenile reaching the age of 26. This subsection shall not apply with respect to a juvenile 16 years of age or older who is charged with committing any of the acts enumerated in subparagraph (a), (i) or (j) of paragraph (2) of subsection a. of this section or with respect to a violation of N.J.S.2C:35-3, N.J.S.2C:35-4 or section 1 of P.L.1998, c.26 (C.2C:39-4.1).

f. The Attorney General shall develop for dissemination to the county prosecutors those guidelines or directives deemed necessary or appropriate to ensure the uniform application of this section throughout the State.

(cf: P.L.2007, c.341, s.3)

2. (New section) When the court imposes a term of incarceration pursuant to section 25 of P.L.1982, c.77 (C.2A:4A-44), it shall consider the rehabilitative, treatment, and educational needs of the juvenile and may order the Juvenile Justice Commission to provide the juvenile with the following services and assistance to address these needs:

a. Academic instruction and academic counseling, consistent with State and federal law;

b. Vocational education and training;

c. Post-secondary educational opportunities, including but not limited to enrollment assistance and college-level instruction;

d. A suitable program for the treatment of alcohol or narcotic abuse, provided that the juvenile has been determined to be in need of such services;

e. Mental health treatment or counseling;

f. Medical and dental care and treatment;

g. Regular contact through telephone calls and in-person visits with the juvenile's parents, guardians, and other family members, including transportation assistance upon showing a demonstrated need for this assistance;

h. Work programs that are designed to provide job skills and specific employment training to enhance the employment readiness of the juvenile;

i. Re-entry services to assist the juvenile in returning to the community; and

j. Any other services or assistance reasonably related to the rehabilitation of the juvenile.

3. Section 26 of P.L.1982, c.77 (C.2A:4A-45) is amended to read as follows:

26. Retention of jurisdiction.

a. The court shall retain jurisdiction over any case in which it has entered a disposition under paragraph 7 of subsection b. or subsection c. of section 24 of P.L.1982, c.77 (C.2A:4A-43) or under section 25 of P.L.1982, c.77 (C.2A:4A-44) for the duration of that disposition of commitment or incarceration and may substitute any disposition otherwise available to it under section 24 of P.L.1982, c.77 (C.2A:4A-43) other than incarceration.

b. Except as provided for in subsection a., the court shall retain jurisdiction over any case in which it has entered a disposition under section 24 of P.L.1982, c.77 (C.2A:4A-43) and may at any time for the duration of that disposition, if after hearing, and notice to the prosecuting attorney, it finds violation of the conditions of the order of disposition, substitute any other disposition which it might have made originally.

c. The court may by its order retain jurisdiction in any other case.

d. Notwithstanding the administrative grievance procedure set forth in regulations promulgated by the Executive Director of the Juvenile Justice Commission, the juvenile may petition the court for modification of the disposition pursuant to this section or to compel the Juvenile Justice Commission to comply with the terms and conditions of that disposition.

(cf: P.L.1995, c.280,s.13)

4. Section 7 of P.L.1995, c.284 (C.52:17B-175) is amended to read as follows:

7. a. Notwithstanding the Juvenile Justice Commission's responsibility for State secure juvenile facilities and State juvenile facilities and programs, the Department of Corrections, through agreement with the commission, shall provide central transportation, communication and other services required by the commission in connection with the operation of these facilities and the custody and care of juveniles confined in the facilities.

b. Notwithstanding the commission's responsibility for State secure juvenile facilities and State juvenile facilities, the Department of Children and Families shall provide care and custody for juveniles placed under the care and custody or committed to the department pursuant to paragraphs (5), (6) and (7) of subsection b. of section 24 of P.L.1982, c.77 (C.2A:4A-43).

c. The commission and the Commissioner of Children and Families shall formulate a plan to provide adequate and appropriate mental health services to juveniles in secure juvenile facilities and juvenile facilities operated by the commission. The commission and the Commissioner of Children and Families shall jointly adopt regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), establishing the procedures included in the plan. The plan shall include the following:

(1) Procedures for identifying juveniles in need of such services upon admission to and while in a facility, including procedures for evaluation;

(2) Procedures for providing appropriate and adequate treatment and for terminating treatment when it is no longer needed;

(3) Procedures for ensuring cooperation between employees of the commission and the Department of Children and Families; and

(4) Procedures for review and revision of the plan.

d. The commission, through agreement with the Attorney General, the Commissioner of Corrections or the Commissioner of Children and Families as appropriate, shall arrange to provide such other services as may be required by the commission and may enter into other agreements as authorized pursuant to R.S.52:14-1 et seq. or any other law of this State.

e. The commission and the Commissioner of [the Department of] Corrections shall, consistent with applicable State and federal standards, formulate a plan setting forth procedures for transferring custody of any juvenile incarcerated in a juvenile facility who has reached the age of [16] 18 during confinement and whose continued presence in the juvenile facility threatens the public safety, the safety of juvenile offenders, or the ability of the commission to operate the program in the manner intended. The commission and the Commissioner of [the Department of] Corrections shall jointly adopt regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), establishing the procedures included in the plan. At a minimum, the plan shall require that:

(1) the juvenile be notified, in writing, of the proposed transfer and the factual basis supporting the transfer;

(2) the juvenile be provided with the opportunity to be heard and to present opposition;

(3) the juvenile be represented by counsel;

(4) the decision to proceed with the transfer be made by an impartial person; and

(5) written findings of the facts supporting the decision to proceed with the transfer accompany the decision.

(cf: P.L.2006, c.47, s.193)

5. (New section) a. A juvenile detained in, or sentenced to, a State juvenile correctional facility or county juvenile detention center shall not be subject to solitary confinement unless the juvenile poses an immediate and substantial risk of harm to others or to the security of the facility, and all other less-restrictive options have been exhausted.

b. A juvenile may be subject to solitary confinement only for the minimum time required to address the safety risk and for a period that does not compromise the mental and physical health of the juvenile, but in no case shall a juvenile be held in solitary confinement for more than eight consecutive waking hours without being released for at least two hours for recreation and exercise.

c. A juvenile who is 15 years of age or younger shall not be held in solitary confinement for more than two consecutive days. A juvenile who is 16 years of age or older but younger than 18 years of age shall not be held in solitary confinement for more than three consecutive days. A juvenile who is 18 years of age or older shall not be held in solitary confinement for more than five consecutive days. A juvenile shall not be held in solitary confinement for more than 10 total days in a calendar month.

d. Juveniles subject to solitary confinement shall continue to receive health, mental health, and educational services.

e. Each State correctional facility or county juvenile detention facility shall document, in aggregate, the use of solitary confinement, including the dates and duration of each occurrence, the reason for placement in solitary confinement, and the race, age, and gender of the juvenile placed in solitary confinement. If any health or mental health clinical evaluations were performed, it shall be affirmatively certified that the results of those evaluations were considered in any decision to place the juvenile in solitary confinement or to continue solitary confinement.

The aggregate data compiled pursuant to this subsection shall be:

(1) made available for public inspection pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.), commonly known as the open public records act; and

(2) published on the official Internet website of the Juvenile Justice Commission.

f. This section shall not prohibit the use of single-person rooms or cells for the housing of juveniles in State correctional or county juvenile detention centers.

g. This section does not apply to juveniles in court holding facilities or adult facilities.

h. Nothing in this section shall be construed to conflict with any law providing greater or additional protections to juveniles.

i. For the purposes of this section, "solitary confinement" shall mean the placement of a juvenile in a State correctional facility or county juvenile detention center in a locked room or cell, alone or with one other person, for 22 to 24 hours per day. Solitary confinement shall not include confinement of a juvenile in a single-person room or cell for brief periods of locked-room confinement necessary for institutional operations, including, but not limited to, shift changes, showering, and unit movements.

6. This act shall take effect on the first day of the seventh month following enactment.

STATEMENT

This bill makes various changes to this State's juvenile justice system. Specifically, the bill revises the State's law governing waiver; expands the jurisdiction of the family court over juveniles placed in correctional facilities; requires due process before a juvenile can be transferred to an adult correctional facility; and imposes restrictions on the use of solitary confinement of juveniles.

Under the current juvenile waiver law, the Family Part of the Chancery Division of the Superior Court, upon motion of the prosecutor, must waive jurisdiction over a juvenile's case and refer that case to the appropriate adult court and prosecuting authority, without the juvenile's consent, if the following conditions are met:

(1) the juvenile is 14 years of age or older; and

(2) there is probable cause that the juvenile committed a delinquent act which, if committed by an adult, would constitute one of the crimes enumerated in the juvenile waiver statute; and

(3) the State establishes that the nature of the charge against the juvenile or the juvenile's prior record is sufficiently serious that waiver is in the public interest.

In accordance with these conditions, the court has discretion in determining whether the State has met it's burden of proving that waiver of the juvenile to adult criminal court is in the public interest. Waiver will not be granted by the court if a juvenile can show that the probability of rehabilitation through the use of court services by the time he or she is 19 years old outweighs the reasons for waiver.

Under the bill, the age requirement for a juvenile case to be transferred from family court to adult criminal court is raised from 14 years of age or older to 16 years of age or older. This is based on new research on adolescent brain development disproving the presumption that juveniles who commit crimes think like adults and cannot be rehabilitated.

The bill also raises the age by which the juvenile can be rehabilitated from 19 to 26. Also under the bill, the burden of proof would shift to the prosecution to prove, by clear and convincing evidence, that the reasons for waiver outweigh the probability of rehabilitation by age 26.

The bill increases the time allotted to file a waiver motion from 30 to 60 days after receiving the complaint to allow adequate time for investigation.

Current law requires the Juvenile Justice Commission (JJC) and the Department of Corrections to formulate a plan setting forth procedures for transferring juveniles from a juvenile facility to an adult correctional facility upon reaching the age of 18 if the juvenile poses a threat to the public safety or the safety of other juvenile offenders, or impedes JJC operations. This bill requires that plan to include specific provisions to ensure that: (1) the juvenile is notified, in writing, of the proposed transfer and the factual basis supporting the transfer; (2) the juvenile is provided with the opportunity to be heard and to present opposition; (3) the juvenile be represented by counsel; (4) the decision to proceed with the transfer is made by an impartial person; and (5) written findings of the facts supporting the decision to proceed with the transfer accompany the decision.

The bill also expands the jurisdiction of the family court over juvenile cases. Under the bill, a court that imposes a term of incarceration is required to consider the rehabilitative, treatment, and educational needs of the juvenile. The bill gives the court discretion to order the JJC to provide the juvenile services and assistance, such as (1) academic instruction and academic counseling, consistent with State and federal law; (2) vocational education and training; (3) post-secondary educational opportunities, including but not limited to enrollment assistance and college-level instruction; (4) a suitable program for the treatment of alcohol or narcotic abuse if the juvenile has been determined to be in need of these services; (5) mental health treatment or counseling; (6) medical and dental care and treatment; (7) regular contact through telephone calls and in-person visits with the juvenile's parents, guardians, and other family members, including transportation assistance upon showing a demonstrated need for this assistance; (8) work programs that are designed to provide job skills and specific employment training to enhance the employment readiness of the juvenile; (9) re-entry services to assist the juvenile in returning to the community; and (10) any other services or assistance reasonably related to the rehabilitation of the juvenile. The bill also authorizes the juvenile to petition the court for modification of the disposition or to compel the Juvenile Justice Commission to comply with the terms and conditions of that disposition.

Finally, the bill places restrictions on the use of solitary confinement in State correctional facilities and juvenile detention centers. The bill prohibits a juvenile from being held in solitary confinement, unless the juvenile poses an immediate and substantial risk of harm to others or to the security of the facility, and all other less-restrictive options have been exhausted.

The bill specifically prohibits a juvenile from being held in solitary confinement for more than eight consecutive waking hours without being released for at least two hours for recreation and exercise. Under the bill, 14 and 15 year old juveniles are prohibited from being held in solitary confinement for more than two consecutive days; 16 and 17 year olds are prohibited from being held in solitary confinement for more than three consecutive days; and juveniles 18 years of age or older are prohibited from being held in solitary confinement for more than five consecutive days. Juveniles, regardless of their age, may not be held in solitary confinement under the bill for more than 10 total days in a calendar month. Juveniles are to continue to receive health, mental health, and educational services when being held in solitary confinement.

The bill requires that the use of solitary confinement be documented by the facility or center. The information is to include the dates and duration of each occurrence, the reason for the placement, race, age, and gender of the juvenile, and if any health or mental health clinical evaluations were performed, that the results were considered in the decision to place the juvenile in confinement. The aggregate data is to be made available to the public under the State's Open Public Records Act. The Juvenile Justice Commission also is required to publish the aggregate data on its website.