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A1394
ASSEMBLY, No. 1394
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblywoman ELLEN J. PARK
District 37 (Bergen)
SYNOPSIS
���� Concerns parole for juvenile defendants.
CURRENT VERSION OF TEXT
���� Introduced Pending Technical Review by Legislative
Counsel.
��
An Act
concerning juveniles 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 25 of P.L.1982,
c.77 (C.2A:4A-44) is amended to read as follows:
���� 2A:4A-44.� Incarceration -
Aggravating and mitigating factors.
���� 25.� Incarceration--Aggravating
and mitigating factors�
���� a.� (1) In determining whether
incarceration is an appropriate disposition and in addition to the
considerations set forth in subsection i. of section 2 of P.L.1982, c.77
(C.2A:4A-21), the court shall consider the following aggravating
circumstances:�
���� (a)�� The fact that the nature
and circumstances of the act, and the role of the juvenile therein, was
committed in an especially heinous, cruel, or depraved manner;
���� (b)�� The fact that there was
grave and serious harm inflicted on the victim and that based upon the
juvenile's age or mental capacity the juvenile knew or reasonably should have
known that the victim was particularly vulnerable or incapable of resistance
due to advanced age, disability, ill-health, or extreme youth, or was for any
other reason substantially incapable;
���� (c)�� The character and
attitude of the juvenile indicate that the juvenile is likely to commit another
delinquent or criminal act;
���� (d)�� The juvenile's prior
record and the seriousness of any acts for which the juvenile has been
adjudicated delinquent;
���� (e)�� The fact that the
juvenile committed the act pursuant to an agreement that the juvenile either
pay or be paid for the commission of the act and that the pecuniary incentive
was beyond that inherent in the act itself;�
���� (f)�� The fact that the
juvenile committed the act against a policeman or other law enforcement
officer, correctional employee or fireman, acting in the performance of his
duties while in uniform or exhibiting evidence of his authority, or the
juvenile committed the act because of the status of the victim as a public
servant;
���� (g)�� The need for deterring
the juvenile and others from violating the law;
���� (h)�� The fact that the
juvenile knowingly conspired with others as an organizer, supervisor, or
manager to commit continuing criminal activity in concert with two or more
persons and the circumstances of the crime show that he has knowingly devoted
himself to criminal activity as part of an ongoing business activity;
���� (i)��� The fact that the
juvenile on two separate occasions was adjudged a delinquent on the basis of
acts which if committed by an adult would constitute crimes;
���� (j)��� The impact of the
offense on the victim or victims;
���� (k)�� The impact of the
offense on the community; and
���� (l)��� The threat to the
safety of the public or any individual posed by the child.�
���� (2)�� In determining whether
incarceration is an appropriate disposition the court shall consider the
following mitigating circumstances:�
���� (a)�� The child is under the
age of 14;
���� (b)�� The juvenile's conduct
neither caused nor threatened serious harm;
���� (c)�� The juvenile did not
contemplate that the juvenile's conduct would cause or threaten serious harm;
���� (d)�� The juvenile acted under
a strong provocation;
���� (e)�� There were substantial
grounds tending to excuse or justify the juvenile's conduct, though failing to
establish a defense;
���� (f)�� The victim of the
juvenile's conduct induced or facilitated its commission;
���� (g)�� The juvenile has
compensated or will compensate the victim for the damage or injury that the
victim has sustained, or will participate in a program of community service;
���� (h)�� The juvenile has no
history of prior delinquency or criminal activity or has led a law-abiding life
for a substantial period of time before the commission of the present act;
���� (i)��� The juvenile's conduct
was the result of circumstances unlikely to recur;
���� (j)��� The character and
attitude of the juvenile indicate that the juvenile is unlikely to commit
another delinquent or criminal act;
���� (k)�� The juvenile is
particularly likely to respond affirmatively to noncustodial treatment;
���� (l)��� The separation of the
juvenile from the juvenile's family by incarceration of the juvenile would
entail excessive hardship to the juvenile or the juvenile's family;
���� (m)� The willingness of the
juvenile to cooperate with law enforcement authorities;
���� (n)�� The conduct of the
juvenile was substantially influenced by another person more mature than the
juvenile.�
���� b.� (1)� There shall be a
presumption of nonincarceration for any crime or offense of the fourth degree
or less committed by a juvenile who has not previously been adjudicated
delinquent or convicted of a crime or offense.
���� (2)�� Where incarceration is
imposed, the court and a panel comprised of at least two members of the
Juvenile Justice Commission designated by the executive director and a member
of the State Parole Board designated by the chairman shall consider the
juvenile's eligibility for release pursuant to the provisions of subsection d.
of this section. �
The juvenile shall be represented by the Office of the
Public Defender at all parole proceedings, unless the juvenile chooses to be
represented by pro bono counsel or retains private counsel at the juvenile�s
expense.� If the juvenile is represented by pro bono counsel, the counsel
representing the juvenile shall have experience in juvenile justice.
���� c.���� The following juveniles
shall not be committed to a State juvenile facility:
���� (1)�� Juveniles age 11 or
under unless adjudicated delinquent for the crime of arson or a crime which, if
committed by an adult, would be a crime of the first or second degree; and
���� (2)�� Juveniles who are
developmentally disabled as defined in paragraph (1) of subsection a. of
section 3 of P.L.1977, c.82 (C.30:6D-3).
���� d.��� (1) When the court
determines that, based on the consideration of all the factors set forth in
subsection a., the juvenile shall be incarcerated, unless it orders the
incarceration pursuant to subsection c. of section 24 of P.L.1982, c.77
(C.2A:4A-43), it shall state on the record the reasons for imposing
incarceration, including any findings with regard to these factors, and commit
the juvenile to the custody of the Juvenile Justice Commission which shall
provide for the juvenile's placement in a suitable juvenile facility pursuant
to the conditions set forth in this subsection and for terms not to exceed the
maximum terms as provided herein for what would constitute the following crimes
if committed by an adult:
���� (a)�� Murder under 2C:11-3a(1)
or (2)����� ���������� 20 years
���� (b)�� Murder under 2C:11-3a(3)���������������������������� 10
years
���� (c)�� Crime of the first
degree, except murder����� 4 years
���� (d)�� Crime of the second
degree�������������������������� 3 years
���� (e)�� Crime of the third
degree����������������������������� 2 years
���� (f)�� Crime of the fourth
degree��������������������������� 1 year
���� (g)�� Disorderly persons
offense��������������������������� 6 months
���� (2)�� The period of
confinement shall continue until the panel established pursuant to subsection
b. of this section determines that the person is eligible for early release on
parole or until expiration of the term of confinement, whichever shall occur
first; except that in no case shall the period of confinement and parole exceed
the maximum provided by law for the offense.� A juvenile shall be granted early
release on parole when it appears that the juvenile has made substantial
progress toward positive behavioral adjustment and rehabilitative goals
articulated by the panel established pursuant to subsection b. of this section
to the juvenile.�
In making the determination of whether the juvenile shall
be granted early release on parole, the panel also shall consider any
additional evidence of maturity or rehabilitation presented by the juvenile or
the juvenile�s counsel and take into consideration the information provided
during the training required pursuant to subsection h. of this section regarding
the age-crime curve and aging out of crime.
� However, if a juvenile is
approved for parole by the panel established pursuant to subsection b. of this
section prior to serving one-third of any term imposed for any crime of the
first, second, or third degree, including any extended term imposed pursuant to
paragraph (3) or (4) of this subsection, or one-fourth of any term imposed for
any other crime the granting of parole shall be subject to approval of the
sentencing court.� Prior to approving parole, the court shall give the
prosecuting attorney notice and an opportunity to be heard.� If the court
denies the parole of a juvenile pursuant to this paragraph it shall state its
reasons in writing and notify the panel established pursuant to subsection b.
of this section, the juvenile, and the juvenile's attorney. The court shall
have 30 days from the date of notice of the pending parole to exercise the
power granted under this paragraph.� If the court does not respond within that
time period, the parole will be deemed approved.�
���� The panel established pursuant
to subsection b. of this section shall determine at the time of release the
conditions of parole, which shall be appropriately tailored to the needs of
each juvenile.� Any conditions imposed at the time of release or modified
thereafter as a graduated intervention in lieu of initiating parole revocation
proceedings shall constitute the least restrictive alternatives necessary to
promote the successful return of the juvenile to the community.� The juvenile
shall not be required to enter or complete a residential community release
program, residential treatment program, or other out-of-home placement as a
condition of parole unless it is determined that the condition is necessary to
protect the safety of the juvenile.
���� Any juvenile committed under
P.L.1982, c.77 (C.2A:4A-20 et seq.) who is released on parole prior to the
expiration of the juvenile's maximum term may be retained under parole
supervision for a period not exceeding the unserved portion of the term. The panel
established pursuant to subsection b. of this section, the juvenile, the
juvenile's attorney, the juvenile's parent or guardian or, with leave of the
court any other interested party, may make a motion to the court, with notice
to the prosecuting attorney, for the return of the juvenile from a juvenile
facility prior to the juvenile's parole and provide for an alternative
disposition which would not exceed the duration of the original time to be
served in the facility.�
���� (3)�� Upon application by the
prosecutor, the court may sentence a juvenile who has been convicted of a crime
of the first, second, or third degree if committed by an adult, to an extended
term of incarceration beyond the maximum set forth in paragraph (1) of this
subsection, if it finds that the juvenile was previously adjudged delinquent on
at least two separate occasions, for offenses which, if committed by an adult,
would constitute a crime of the first or second degree. The extended term shall
not exceed five additional years for an act which would constitute murder and
shall not exceed three additional years for all other crimes of the first
degree and shall not exceed two additional years for a crime of the second
degree, if committed by an adult, and one additional year for a crime of the
third degree, if committed by an adult.
���� (4)�� Upon application by the
prosecutor, when a juvenile is before the court at one time for disposition of
three or more unrelated offenses which, if committed by an adult, would
constitute crimes of the first, second or third degree and which are not part of
the same transaction, the court may sentence the juvenile to an extended term
of incarceration not to exceed the maximum of the permissible term for the most
serious offense for which the juvenile has been adjudicated plus two additional
years.
���� (5)�� The panel established
pursuant to subsection b. of this section may impose a term of
post-incarceration supervision following the juvenile's release from custody
only if it is deemed necessary to effectuate the juvenile's rehabilitation and
reintegration into society.� Post-incarceration supervision shall not exceed
six months, except the term may be extended for an additional six months if the
panel established pursuant to subsection b. of this section deems continuation
of the post-incarceration supervision necessary to effectuate the juvenile's
rehabilitation and reintegration into society.� Post-incarceration supervision
shall not exceed one year.� Post-incarceration supervision shall not be imposed
on any juvenile who has completed a period of parole supervision of six months
or more.� The term of post-incarceration supervision shall commence on the date
of the expiration of the juvenile's maximum sentence.� During the term of
post-incarceration supervision the juvenile shall remain in the community and
in the legal custody of the commission.� The juvenile shall not be required to
enter or complete a residential community release program, residential
treatment program, or other out-of-home placement as a condition of
post-incarceration supervision.� A term of post-incarceration supervision
imposed pursuant to this paragraph may be terminated by the panel established
pursuant to subsection b. of this section or court if the juvenile has made a
satisfactory adjustment in the community while under supervision and if
continued supervision is not required.
���� (6)�� The commission shall
review the case of each juvenile sentenced to a term of commitment with the
commission at least every three months and submit a status report to the court,
the prosecutor, and the counsel for the juvenile.� The commission's review and
status report shall include, but not be limited to:�
���� (a)�� information on the
treatment, care, and custody of the juvenile;
���� (b)�� whether the juvenile is
receiving the mental health, substance use disorder, educational, and other
rehabilitative services necessary to promote the juvenile's successful
reintegration into the community;
���� (c)�� any incidents of
violence involving the juvenile; and
���� (d)�� the juvenile's
eligibility for parole.
���� Counsel for the juvenile shall
have the opportunity to respond to the report required pursuant to this
paragraph.
���� The commission shall continue
to submit quarterly reports to the court until the juvenile is paroled or
released at the expiration of the term of incarceration and shall resume the
quarterly reviews if the juvenile is returned to the custody of the commission.�
The court may conduct a hearing at any time to determine whether commitment
with the commission continues to be appropriate pursuant to section 24 of
P.L.1982, c.77 (C.2A:4A-43) and section 25 of P.L.1982, c.77 (C.2A:4A-44), and
may release the juvenile or otherwise modify the dispositional order.� Nothing
in this paragraph shall abrogate the court's retention of jurisdiction pursuant
to section 26 of P.L.1982, c.77 (C.2A:4A-45).
���� e.���� If the panel
established pursuant to subsection b. of this section determines there is
probable cause to believe that the juvenile has seriously or persistently
violated the terms and conditions of parole, the commission shall conduct a
hearing to determine if the juvenile's parole should be revoked.� The juvenile
shall be represented by counsel at the hearing.� The hearing shall be conducted
by a hearing officer who is licensed as an attorney-at-law in this State.� The
juvenile shall not be incarcerated prior to the hearing unless the panel
established pursuant to subsection b. of this section determines by objective
and credible evidence that the juvenile poses an immediate and substantial
danger to public safety.� If the juvenile is incarcerated prior to the hearing,
the hearing shall be held within 72 hours of the juvenile's return to custody
and a written decision made and transmitted to the juvenile and the juvenile's
counsel within 48 hours of the hearing.� Upon request of counsel for the
juvenile, the hearing officer shall adjourn the hearing for not more than 72
hours.� Subsequent adjournments may be granted upon request of the juvenile and
good cause shown.�
���� The panel established pursuant
to subsection b. of this section shall not revoke the parole of a juvenile
unless the hearing officer determines, by clear and convincing evidence, that:
���� (1)�� the juvenile has
seriously or persistently violated the conditions of parole;
���� (2)�� the juvenile poses a
substantial danger to public safety and no form of community-based supervision
would alleviate that danger; and
���� (3)�� revocation is consistent
with the provisions of section 2 of P.L.1982, c.77 (C.2A:4A-21).
���� The procedures and standards
set forth in sections 15 through 21 of P.L.1979, c.441 (C.30:4-123.59 through
C.30:4-123.65) shall apply to juvenile parole revocation hearings, unless the
procedures and standards conflict with those set forth in this subsection.
���� Notwithstanding a
determination that the juvenile violated a condition of parole, the panel
established pursuant to subsection b. of this section may modify those
conditions.
���� f.���� The panel established
pursuant to subsection b. of this section may relieve a juvenile of any parole
conditions, and may permit a parolee to reside outside the State pursuant to
the provisions of the Interstate Compact on Juveniles, P.L.1955, c.55 (C.9:23-1
to 9:23-4), and after providing notice to the Attorney General, may consent to
the supervision of a parolee by the federal government pursuant to the federal
Witness Security Reform Act, Pub.L.98-473 (18 U.S.C. s.3521 et seq.). The panel
established pursuant to subsection b. of this section may revoke permission,
except in the case of a juvenile under the Witness Security Reform Act, or
reinstate relieved parole conditions for any period of time during which a
juvenile is under its jurisdiction.�
���� g.��� The commission shall
promulgate rules and regulations governing the commission's duties and
responsibilities concerning parole eligibility, supervision, and revocation.
���� h.���
[
The member of
the State Parole Board who is designated by the chairman to be on
]
Every
member of
the panel established pursuant to subsection b. of this section
shall
[
have
experience in juvenile justice or have
]
successfully
[
completed
]
complete
a juvenile justice training program to be established by the chairman.� The
training program shall be comprised of seven hours of instruction including,
but not limited to: emerging scientific knowledge concerning adolescent
development, particularly adolescent brain function and how adolescent
development relates to incarcerated youth, the influence of peer relationships
among adolescents and peer contagion effects,
[
and
]
the effects
of juvenile crime on victims
, and current research regarding the age-crime
curve, which demonstrates that criminal offending occurs in a bell curve and
aging out of crime, which demonstrates the low rate of reoffending as a person
grows older.
���� i.���� Any decision concerning
parole made by the panel established pursuant to subsection b. of this section
shall be unanimous.
(cf: P.L.2023, c.177, s.2)
���� 2.��� (New section)� a.� In
every case where the court waives jurisdiction of a juvenile delinquency case
pursuant to section 1 of P.L.2015, c.89 (C.2A:4A-26.1), the juvenile defendant
is tried as an adult and receives a sentence of incarceration, the defendant
shall be represented by the Office of the Public Defender at all parole
proceedings pursuant to the �Parole Act of 1979,� P.L.1979, c.441
(C.30:4-123.45 et seq.), unless the defendant chooses to be represented by pro
bono counsel or retains private counsel at the defendant�s expense.� If the
defendant is represented by pro bono counsel, the counsel representing the
defendant shall have experience in juvenile justice.
���� b.��� In addition to any other
considerations sets forth under current law, rule, or regulation, at the parole
hearing of the defendant, the State Parole Board shall consider any evidence of
maturity or rehabilitation presented by the defendant or the defendant�s
counsel and take into consideration the information provided during the
training required pursuant to subsection c. of this section regarding the
age-crime curve and aging out of crime.
���� c.���� Every member of the
State Parole Board who serves on a board panel that is considering the
eligibility for release of a defendant whose juvenile delinquency case was
waived pursuant to section 1 of P.L.2015, c.89 (C.2A:4A-26.1), who was tried as
an adult, and who received a sentence of incarceration shall successfully
complete the training program required pursuant to subsection h. of section 25
of P.L.1982, c.77 (C.2A:4A-44).
���� 3.��� Section 5 of P.L.1967,
c.43 (C.2A:158A-5) is amended to read as follows:
���� 5.��� It shall be the duty of
the Public Defender to provide for the legal representation of any indigent
defendant who is formally charged with the commission of an indictable offense
without expense to the defendant.
���� All necessary services and
facilities of representation (including investigation and other preparation)
shall be provided in every case.� The factors of need and real value to a
defense may be weighed against the financial constraints of the Public Defender's
office in determining what are the necessary services and facilities of
representation.
���� Representation as herein
provided for shall include any direct appeal from conviction and such
post-conviction proceedings as would warrant the assignment of counsel pursuant
to the court rules.
���� Representation for indigent
defendants (a) may be provided in any federal court in any matter arising out
of or relating to an action pending or recently pending in a court of criminal
jurisdiction of this State and (b) may be provided in any federal court in this
State where indigent defendants are charged with the commission of a federal
criminal offense and where the representation is under a plan adopted pursuant
to the Criminal Justice Act of 1964 (18 U.S.C. s. 3006A).
���� The Public Defender also shall
provide for the legal representation of any eligible inmate who is serving a
custodial prison sentence and requests assistance in petitioning the Superior
Court for compassionate release in accordance with section 1 of P.L.2020, c.106
(C.30:4-123.51e).
����
The Public Defender shall
provide for legal representation as set forth in paragraph (2) of subsection b.
of section 25 of P.L.1982, c.77 (C.2A:4A-44) and section 2 of P.L.��� , c.���
(C.������� ) (pending before the Legislature as this bill).
(cf: P.L.2023, c.69, s.1)
���� 4.��� This act shall take
effect on the first day of the sixth month after enactment.
STATEMENT
���� This bill concerns parole for
juvenile defendants.� Under the provisions of this bill, a juvenile is required
to be represented by the Office of the Public Defender at all parole
proceedings, unless the juvenile chooses to be represented by pro bono counsel
or retains private counsel at the juvenile�s expense.� If the juvenile is
represented by pro bono counsel, the counsel representing the juvenile is
required to have experience in juvenile justice.
���� Under current law, the panel,
who is comprised of at least two members of the Juvenile Justice Commission and
a member of the State Parole Board, is responsible for considering the
juvenile�s eligibility for release from incarceration.� Current law also requires
the member of the State Parole Board to have experience in juvenile justice or
successfully complete a juvenile justice training program.� This bill removes
the option for the member of the State Parole Board to have experience in
juvenile justice and requires all members of the panel to complete a juvenile
justice training.� The bill requires the juvenile justice training to include current
research regarding the age-crime curve, which demonstrates that criminal
offending occurs in a bell curve and aging out of crime, which demonstrates the
low rate of reoffending as a person grows older.
���� Further, current law provides
that a juvenile is to be granted early release on parole when it appears that
the juvenile has made substantial progress toward positive behavioral
adjustment and rehabilitative goals articulated by the panel.� Under the bill,
in
making the determination of whether the juvenile is to be granted
early release on parole, the panel also is required to consider any additional
evidence of maturity or rehabilitation presented by the juvenile or the
juvenile�s counsel and take into consideration the information provided during
the training required under the bill regarding the age-crime curve and aging
out of crime.
���� In addition, under the bill,
in every case where the court waives jurisdiction of a juvenile delinquency
case and the juvenile defendant is tried as an adult and receives a sentence of
incarceration, the defendant is required to be represented by the Office of the
Public Defender at all parole proceedings, unless the defendant chooses to be
represented by pro bono counsel or retains private counsel at the defendant�s
expense.� If the defendant is represented by pro bono counsel, the counsel
representing the defendant is required to have experience in juvenile justice.
���� The bill also requires every
member of the Parole Board who serves on a board panel that is considering the
eligibility for release of a defendant whose juvenile delinquency case was
waived to adult court, who was tried as an adult, and who received a sentence
of incarceration to successfully complete the juvenile justice training
program, which includes research regarding the age-crime curve and aging out of
crime.
���� Finally, the bill provides
that in addition to any other considerations sets forth under current law,
rule, or regulation, at the parole hearing of the defendant, the State Parole
Board is required to consider any evidence of maturity or rehabilitation
presented by the defendant or the defendant�s counsel and take into
consideration the information provided during the training required under the
bill regarding the age-crime curve and aging out of crime.