Bill > A5495

This bill lowers the age at which the family court can waive jurisdiction in a juvenile delinquency case from 15 to 14 years old. Under the proposed legislation, if a 14-year-old is accused of committing specific serious crimes like criminal homicide, first-degree robbery, sexual assault, aggravated assault, or drug-related offenses, a prosecutor can file a motion requesting that the case be transferred from the juvenile justice system to adult criminal court. When considering such a motion, the court must evaluate multiple factors, including the nature of the offense, the juvenile's age and maturity, degree of criminal sophistication, prior delinquency history, and potential involvement with child welfare agencies. The bill maintains important protections for juveniles, such as preventing a juvenile's testimony at the waiver hearing from being used in subsequent proceedings and providing a presumption that if convicted, the juvenile would serve their sentence in a juvenile facility until age 21. Additionally, the bill requires the Juvenile Justice Commission to collect and publish biennial data on jurisdiction waivers, tracking demographics, case characteristics, processing times, and waiver rates to ensure transparency and potential future policy improvements.

Justice

https://www.njleg.state.nj.us/bill-search/2024/A5495