Concerns rights of juvenile defendants who elect to be tried as adults.

A1402

ASSEMBLY, No. 1402

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman ELLEN J. PARK

District 37 (Bergen)

Assemblyman ROBERT J. KARABINCHAK

District 18 (Middlesex)

Assemblywoman CAROL A. MURPHY

District 7 (Burlington)

SYNOPSIS

���� Concerns rights of juvenile defendants who elect to
be tried as adults.

CURRENT VERSION OF TEXT

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

��

An Act

concerning rights of juvenile defendants who
elect to be tried as adults, and amending P.L.1982, c.77.

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

���� 1.��� Section 8 of P.L.1982,
c.77 (C.2A:4A-27), is amended to read as follows:

���� 8.���
a.
Any juvenile
14 years of age or older charged with delinquency may elect
, subject to
court approval,
to have the case transferred to the appropriate court
having jurisdiction. �Any juvenile under 14 years of age charged with an
offense which, if committed by an adult, would constitute murder under
N.J.S.2C:11-3 may elect
, subject to court approval,
to have the case
transferred to the appropriate court having jurisdiction.

����
b.��� In all cases where
such election is sought, the court shall conduct a hearing pursuant to
paragraph (2) of subsection b. of section 20 of P.L.1982, c.77 (C.2A:4A-39),
to:

����
(1)�� inform the juvenile
of the differences in the maximum sentence or disposition, and the differences
in the consequences of magnitude, between the New Jersey Code of Criminal
Justice and the New Jersey Code of Juvenile Justice, for the crimes, offenses,
and delinquencies charged; and

���� (
2)�� determine that an
election under this section is made knowingly, willingly, and voluntarily.

����
c.���� Upon the granting of
an election made under this section and transfer to the appropriate court
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, 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)�� with the consent of
the juvenile and the prosecutor, at any point in the proceedings subsequent to
the election made pursuant to this section, the court may remand the case 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 the election.

(cf: P.L.1982, c.77, s.8)

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

STATEMENT

����
This bill requires that juvenile defendants who
voluntarily elect to be tried as adults have the same procedural rights as
juvenile defendants who are involuntarily waived by the prosecutor from the
Family Part to the Criminal Part of the Superior Court.�

���� Under current law, in cases in
which a prosecutor seeks to have a juvenile tried as an adult, the juvenile
still retains some of the rights afforded by the New Jersey Code of Juvenile
Justice, such as the right to be housed in a juvenile facility if convicted and
sentenced to imprisonment, the right to seek remand of the case back to the
Family Part if it is in the interests of justice, and, except for certain
violent crimes, the right to have the case remanded back to the Family Part for
sentencing after conviction.� In practice, a juvenile may voluntarily choose to
be tried as an adult as part of a plea agreement, or if the juvenile insists on
a trial by jury.� However, it is not clear whether current law allows a
juvenile who voluntarily chooses to be tried as an adult to retain those same
rights provided to juveniles who are involuntarily waived.

���� In addition to clarifying the
rights of juvenile defendants, this bill requires the court to determine that
an election by a juvenile to be tried as an adult is made knowingly, willingly,
and voluntarily, given the differential treatment under the law between
juveniles adjudicated delinquent and adults convicted of crimes.� As part of
making that determination, the court would be required to conduct a hearing
during which the juvenile would be informed of the differences in sentencing or
disposition between adults and juveniles for the offenses charged.