Bill
Bill > S4438
NJ S4438
Permits waiver of juvenile regardless of age under certain circumstances; makes juveniles eligible for waiver for terrorism and human trafficking.
summary
Introduced
05/19/2025
05/19/2025
In Committee
05/19/2025
05/19/2025
Crossed Over
Passed
Dead
Introduced Session
2024-2025 Regular Session
Bill Summary
This bill permits the waiver of juveniles regardless of age under certain circumstances and makes juveniles eligible for waiver for terrorism and human trafficking. Under current law, juveniles 15 years of age and older at the time of the alleged delinquent act who are charged with certain offenses, such as criminal homicide, other than death by auto; first degree robbery; carjacking; and aggravated sexual assault, are eligible to be waived to adult criminal court. Under the provisions of this bill, these juveniles also would be eligible to be waived to adult criminal court for terrorism or human trafficking. The bill further provides that a juvenile, regardless of age, who is charged with terrorism, human trafficking, or certain other offenses, as set forth under current law, is eligible to be waived to adult criminal court if the circumstances and severity of the offense warrant waiver.
AI Summary
This bill modifies New Jersey's juvenile justice law to expand the circumstances under which juveniles can be waived to adult criminal court. Currently, juveniles 15 years and older can be transferred to adult court for serious offenses like homicide, robbery, and aggravated sexual assault. The bill adds two new grounds for waiver: terrorism and human trafficking, and introduces a new provision allowing waiver for juveniles of any age if the circumstances and severity of the offense warrant it. The bill requires prosecutors seeking a waiver to file a motion within 60 days and provide a written statement explaining why waiver is appropriate, considering factors such as the nature of the offense, the juvenile's culpability, age, maturity, criminal history, and potential mental health issues. The court must review these factors and can deny a waiver if it believes the prosecutor has abused discretion. If waived, the juvenile will be prosecuted in adult court, with a presumption that any custodial sentence will be served in a juvenile facility until age 21. The bill also mandates the Juvenile Justice Commission to collect and publish biennial data on waiver decisions, including demographic information and case characteristics, to promote transparency and analysis of waiver practices.
Committee Categories
Justice
Sponsors (4)
Last Action
Introduced in the Senate, Referred to Senate Law and Public Safety Committee (on 05/19/2025)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.njleg.state.nj.us/bill-search/2024/S4438 |
| BillText | https://pub.njleg.gov/Bills/2024/S4500/4438_I1.HTM |
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