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Bill > A5721


NJ A5721

Permits waiver of juvenile regardless of age under certain circumstances; makes juveniles eligible for waiver for terrorism and human trafficking.


summary

Introduced
05/22/2025
In Committee
05/22/2025
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 circumstances under which juveniles can be waived from juvenile court to adult criminal court. Currently, juveniles 15 years and older can be transferred to adult court for serious offenses like homicide, robbery, and sexual assault. The new bill adds two significant categories of offenses for which juveniles can be waived to adult court: terrorism and human trafficking. Moreover, the bill introduces a new provision allowing juveniles of any age to be transferred to adult court if the circumstances and severity of the offense warrant such a transfer. When deciding whether to waive jurisdiction, courts must consider various factors including the nature of the offense, the juvenile's culpability, age, maturity, prior criminal history, and potential involvement with child welfare or mental health services. The bill also requires the Juvenile Justice Commission to collect and publish biennial data on waiver rates, including demographic information and case characteristics, to provide transparency and insight into how these waivers are being implemented. If a juvenile is waived to adult court, there is a presumption that they will serve any custodial sentence in a juvenile facility until age 21, with potential transfer to adult corrections depending on specific circumstances.

Committee Categories

Justice

Sponsors (1)

Last Action

Introduced, Referred to Assembly Judiciary Committee (on 05/22/2025)

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