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

A1171

ASSEMBLY, No. 1171

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblyman JOE DANIELSEN

District 17 (Middlesex and Somerset)

SYNOPSIS

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

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act
concerning juveniles and amending P.L.2015, c.89.

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

���� 1.��� Section 1 of P.L.2015,
c.89 (C.2A:4A-26.1) is amended to read as follows:

���� 1.��� a. A prosecutor seeking
waiver of jurisdiction of a juvenile delinquency case by the Superior Court,
Chancery Division, Family Part to an appropriate court and prosecuting
authority without the consent of the juvenile shall file a motion within 60
days after the receipt of the complaint, which time may be extended for good
cause shown.� The motion shall be accompanied by a written statement of reasons
clearly setting forth the facts used in assessing all factors contained in
paragraph (3) of subsection c. of this section, together with an explanation as
to how evaluation of those facts support waiver for each particular juvenile.

���� b.��� At a hearing, the court
shall receive the evidence offered by the State and by the juvenile.� The State
shall provide proof to satisfy the requirements set forth in paragraphs (1) and
(2)
or paragraph (4)
of subsection c. of this section.� The court also
shall review whether the State considered the factors set forth in paragraph
(3) of subsection c. of this section.

���� c.���� Except as provided in
paragraph (3) of this subsection, the court shall waive jurisdiction of a
juvenile delinquency case without the juvenile's consent and shall refer the
case to the appropriate court and prosecuting authority having jurisdiction if:

���� (1) The juvenile was 15 years
of age or older at the time of the alleged delinquent act; and

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

���� (a)�� criminal homicide, other
than death by auto;

���� (b)�� strict liability for
drug-induced deaths;

���� (c)�� irst degree robbery;

���� (d)�� carjacking;

���� (e)�� aggravated sexual
assault;

���� (f)�� sexual assault;

���� (g)�� second degree aggravated
assault;

���� (h)�� kidnapping;

���� (i)��� aggravated arson;

���� (j)��� 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 possession of a firearm while committing or
attempting to commit, including the immediate flight therefrom, aggravated assault,
aggravated criminal sexual contact, burglary, home invasion burglary,
residential burglary, or escape;

���� (k)�� a violation of
N.J.S.2C:35-3 (Leader of a Narcotics Trafficking Network);

���� (l)��� a violation of
N.J.S.2C:35-4 (Maintaining and Operating a CDS Production Facility);

���� (m)� a violation of section 1
of P.L.1998, c.26 (C.2C:39-4.1) (Weapons Possession while Committing certain
CDS Offenses);

���� (n)�� an attempt or conspiracy
to commit any of the crimes enumerated in subparagraphs (a) through (m)
, (p),
or (q)
of this paragraph;
[
or
]

���� (o)�� a crime committed at a
time when the juvenile previously had been sentenced and confined in an adult
correctional facility
;

����
(p)�� terrorism; or

����
(q)�� human trafficking
.

���� (3)�� The court may deny a
motion by the prosecutor to waive jurisdiction of a juvenile delinquency case
if it is clearly convinced that the prosecutor abused his discretion in
considering the following factors in deciding whether to seek a waiver:

���� (a)�� The nature and
circumstances of the offense charged;

���� (b)�� Whether the offense was
against a person or property, allocating more weight for crimes against the
person;

���� (c)�� Degree of the juvenile's
culpability;

���� (d)�� Age and maturity of the
juvenile;

���� (e)�� Any classification that
the juvenile is eligible for special education to the extent this information
is provided to the prosecution by the juvenile or by the court;

���� (f)�� Degree of criminal
sophistication exhibited by the juvenile;

���� (g)�� Nature and extent of any
prior history of delinquency of the juvenile and dispositions imposed for those
adjudications;

���� (h)�� If the juvenile
previously served a custodial disposition in a State juvenile facility operated
by the Juvenile Justice Commission, and the response of the juvenile to the
programs provided at the facility to the extent this information is provided to
the prosecution by the Juvenile Justice Commission;

���� (i)��� Current or prior
involvement of the juvenile with child welfare agencies;

���� (j)��� Evidence of mental
health concerns, substance use disorder, or emotional instability of the
juvenile to the extent this information is provided to the prosecution by the
juvenile or by the court;
[
and
]

���� (k)�� If there is an
identifiable victim, the input of the victim or victim's family
; and

����
(l)��� In the case of a
waiver sought pursuant to the provisions of paragraph (4) of this subsection,
the circumstances and severity of the offense charged
.

����
(4) In addition to the
provisions of paragraph (2) of this subsection and except as provided in
paragraph (3) of this subsection, the court shall waive jurisdiction of a
juvenile delinquency case without the juvenile's consent and shall refer the
case to the appropriate court and prosecuting authority having jurisdiction if
there is probable cause to believe that the juvenile, regardless of age,
committed a delinquent act which if committed by an adult would constitute any
of the offenses set forth in paragraph (2) of this subsection and the
circumstances and severity of the offense warrant waiver of jurisdiction and
referral to the appropriate court and prosecuting authority having
jurisdiction.

���� The Attorney General may
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.

���� d.��� An order waiving
jurisdiction over a case and referring the case to the appropriate court and
prosecuting authority shall specify the alleged act upon which the referral is
based and all other delinquent acts charged against the juvenile arising out of
or related to the same transaction.

���� e.���� Testimony of a juvenile
at a hearing to determine referral under this section shall not be admissible
for any purpose in any subsequent hearing to determine delinquency or guilt of
any offense.

���� f.���� Upon waiver of
jurisdiction and referral to the appropriate court and prosecuting authority
having jurisdiction:

���� (1)�� The case shall proceed
as if it originated in that court and shall be subject to the sentencing
provisions available to that court; provided, however, upon conviction for any
offense which is subject to waiver pursuant to paragraph (2) of subsection c. of
this section, there shall be a presumption that the juvenile shall serve any
custodial sentence imposed in a State juvenile facility operated by the
Juvenile Justice Commission until the juvenile reaches the age of 21, except
that:

���� (a)�� a juvenile who has not
reached the age of 21 may, in the discretion of the Juvenile Justice
Commission, be transferred to the Department of Corrections in accordance with
the plan established pursuant to subsection e. of section 7 of P.L.1995, c.284
(C.52:17B-175) and regulations adopted pursuant to that section; and

���� (b)�� a juvenile who has
reached or exceeds the age of 21 may continue to serve a sentence in a State
juvenile facility operated by the Juvenile Justice Commission in the discretion
of the Juvenile Justice Commission and if the juvenile so consents; otherwise the
juvenile shall serve the remainder of the custodial sentence in a State
correctional facility;

���� (2)�� If a juvenile is not
convicted of an offense set forth in paragraph (2) of subsection c. of this
section, a conviction for any other offense shall be deemed a juvenile
adjudication and be remanded to the Superior Court, Chancery Division, Family
Part for disposition, in accordance with the dispositional options available to
that court and all records related to the act of delinquency shall be subject
to the provisions of section 1 of P.L.1982, c.79 (C.2A:4A-60);

���� (3)�� With the consent of the
defense and the prosecutor, at any point in the proceedings subsequent to the
decision ordering waiver the court may remand to the Superior Court, Chancery
Division, Family Part if it appears that:

���� (a)�� the interests of the
public and the best interests of the juvenile require access to programs or
procedures uniquely available to that court; and

���� (b)�� the interests of the
public are no longer served by waiver.

���� g.��� (1) The Juvenile Justice
Commission, in consultation with the Attorney General, shall establish a
program to collect, record, and analyze data regarding waiver of jurisdiction
of a juvenile delinquency case by the Superior Court, Chancery Division, Family
Part to an appropriate court and prosecuting authority.� In furtherance of this
program, the Juvenile Justice Commission shall, in cooperation with the
Administrative Office of the Courts, Attorney General, and county prosecutors,
collect data related to the decision to seek waiver of jurisdiction of a
juvenile delinquency case, which shall include but not be limited to data
concerning:

���� (a)�� youth demographics,
including age, gender, race, and ethnicity;

���� (b)�� case characteristics,
including the degree of the offense waived, the degree of the offense
convicted, and the final court resolution;

���� (c)�� case processing times;
and

���� (d)�� waiver rates by race and
ethnicity.

���� (2)�� The commission shall
prepare and publish on its Internet website biennial reports summarizing the
data collected, recorded, and analyzed pursuant to paragraph (1) of this
subsection.

���� (3)�� The commission shall,
pursuant to section 2 of P.L. 1991, c.164 (C.52:14-19.1), biennially prepare
and transmit to the Governor and the Legislature the reports required in
paragraph (2) of this subsection, along with any recommendations the commission
may have for legislation concerning waiver of jurisdiction of juvenile
delinquency cases.

(cf: P.L.2024, c.83, s.3)

���� 2.��� This act shall take
effect immediately.

STATEMENT

���� 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.