Concerns juveniles charged with or adjudicated delinquent for certain firearms offenses.

A2211

ASSEMBLY, No. 2211

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman SHANIQUE SPEIGHT

District 29 (Essex and Hudson)

SYNOPSIS

���� Concerns juveniles charged with or adjudicated
delinquent for certain firearms offenses.

CURRENT VERSION OF TEXT

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

��

An Act
concerning juveniles and amending P.L.1982, c.77.

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

���� 1.� Section 15 of P.L.1982,
c.77 (C.2A:4A-34) is amended to read as follows:

���� 15.� Criteria for placing
juvenile in detention.

���� a.���� Except as otherwise
provided in this section, a juvenile charged with an act of delinquency shall
be released pending the disposition of a case, if any, to any person or agency
provided for in this section upon assurance being received that such person or
persons accept responsibility for the juvenile and will bring him before the
court as ordered.

���� b.��� No juvenile shall be
placed in detention without the permission of a judge or the court intake
service.

���� c.���� A juvenile charged with
delinquency may not be placed or retained in detention under this act prior to
disposition, except as otherwise provided by law, unless:

���� (1)�� Detention is necessary
to secure the presence of the juvenile at the next hearing as evidenced by a
demonstrable record of recent willful failure to appear at juvenile court
proceedings or to remain where placed by the court or the court intake service
or the juvenile is subject to a current warrant for failure to appear at court
proceedings which is active at the time of arrest; or

���� (2)�� The physical safety of
persons or property of the community would be seriously threatened if the
juvenile were not detained and the juvenile is charged with an offense which,
if committed by an adult, would constitute a crime of the first, second or third
degree or one of the following crimes of the fourth degree:� aggravated
assault; stalking; criminal sexual contact; bias intimidation; failure to
control or report a dangerous fire; possession of a prohibited weapon or device
in violation of N.J.S.2C:39-3; or unlawful possession of a weapon in violation
of N.J.S.2C:39-5; or

���� (3)�� With respect to a
juvenile charged with an offense which, if committed by an adult, would
constitute a crime of the fourth degree other than those enumerated in
paragraph (2) of this subsection, or a disorderly persons or petty disorderly
persons offense, and with respect to a juvenile charged with an offense
enumerated in subsection c. when the criteria for detention are not met, the
juvenile may be temporarily placed in a shelter or other non-secure placement
if a parent or guardian cannot be located or will not accept custody of the
juvenile.� Police and court intake personnel shall make all reasonable efforts
to locate a parent or guardian to accept custody of the juvenile prior to
requesting or approving the juvenile's placement in a shelter or other
non-secure placement.� If, after the initial detention hearing, continued
placement is necessary, the juvenile shall be returned to a shelter or other
non-secure placement.

���� d.��� The judge or court
intake officer prior to making a decision of detention shall consider and,
where appropriate, employ any of the following alternatives:

���� (1)�� Release to parents;

���� (2)�� Release on juvenile's
promise to appear at next hearing;

���� (3)�� Release to parents,
guardian or custodian upon written assurance to secure the juvenile's presence
at the next hearing;

���� (4)�� Release into care of a
custodian or public or private agency reasonably capable of assisting the
juvenile to appear at the next hearing;

���� (5)�� Release with imposition
of restrictions on activities, associations, movements and residence reasonably
related to securing the appearance of the juvenile at the next hearing;

���� (6)�� Release with required
participation in a home detention program;

���� (7)�� Placement in a shelter
care facility;
[
or
]

���� (8)�� Imposition of any other
restrictions other than detention or shelter care reasonably related to
securing the appearance of the juvenile
;

����
(9)�� In the case of a
juvenile who has been charged with an offense which, if committed by an adult,
would constitute unlawful possession of a weapon pursuant to N.J.S.2C:39-5 or
possession of a prohibited weapon or device pursuant to N.J.S.2C:39-3, placement
in a residential reengagement center or a non-residential reengagement center
program and a requirement for the parent or guardian of the juvenile or an
appointed court official, as appropriate, to attend hearings conducted as part
of this placement.� In addition, a parent or� guardian of the juvenile or an
appointed court official, as appropriate, shall provide written assurance that
the juvenile and parent, guardian, or appointed court official, as appropriate,
will appear at the at the next hearing; or

����
(10) In the case of a
juvenile who has been charged with an offense set forth in paragraph (2) of
subsection c. of this section subsequent to being charged with an offense,
which, if committed by an adult, would constitute unlawful possession of a
weapon pursuant to N.J.S.2C:39-5 or possession of a prohibited weapon or device
pursuant to N.J.S.2C:39-3, placement in a residential reengagement center or
non-residential reengagement center program and a requirement for the parent or
guardian of the juvenile or an appointed court official, as appropriate, to
attend hearings and participate in programs conducted as part of this
placement.� In addition, a parent or guardian of the juvenile or an appointed
court official, as appropriate, shall provide written assurance that the
juvenile and parent, guardian, or appointed court official, as appropriate,
will appear at the next hearing
.

����
As used in this section,
�reengagement center� means a facility that provides counseling, direct career
placement services, self-improvement programs, school assistance, resources for
enrolling in college preparation courses or vocational training, extracurricular
activities, and information to assist the juvenile with re-enrolling in a high
school or a General Educational Development (GED) program and that gives the
juvenile an opportunity to reconnect with the community for the purpose of
rehabilitation and prevention of future unlawful activity.

���� e.���� In determining whether
detention is appropriate for the juvenile, the following factors shall be
considered:

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

���� (2)�� The age of the juvenile;

���� (3)�� The juvenile's ties to
the community;

���� (4)�� The juvenile's record of
prior adjudications, if any; and

���� (5)�� The juvenile's record of
appearance or nonappearance at previous court proceedings.

���� f.���� No juvenile 11 years of
age or under shall be placed in detention unless he is charged with an offense
which, if committed by an adult, would be a crime of the first or second degree
or arson.

���� g.��� If the court places a
juvenile in detention, the court shall state on the record its reasons for that
detention.

���� h.��� For purposes of this
section, a failure to appear at juvenile court proceedings or to remain where
placed by the court or the court intake service shall be deemed recent if it
occurred within the 12 months immediately preceding the detention hearing, or if
it occurred within the period of 12 to 24 months preceding the detention
hearing and the juvenile is unable to demonstrate a record of voluntary
compliance with any subsequent court appearance and placement requirements.

(cf: P.L.2005, c.361, s.1)

���� 2.��� Section 24 of P.L.1982,
c.77 (C.2A:4A-43) is amended to read as follows:

���� 24.� Disposition of
delinquency cases.� a.� In determining the appropriate disposition for a
juvenile adjudicated delinquent the court shall weigh the following factors:

���� (1)�� The nature and
circumstances of the offense;

���� (2)�� The degree of injury to
persons or damage to property caused by the juvenile's offense;

���� (3)�� The juvenile's age,
previous record, prior social service received, and out-of-home placement
history;

���� (4)�� Whether the disposition
supports family strength, responsibility, and unity and the well-being and
physical safety of the juvenile;

���� (5)�� Whether the disposition
provides for reasonable participation by the child's parent, guardian, or
custodian, provided, however, that the failure of a parent or parents to
cooperate in the disposition shall not be weighed against the juvenile in
arriving at an appropriate disposition;

���� (6)�� Whether the disposition
recognizes and treats the unique physical, psychological, and social
characteristics and needs of the child;

���� (7)�� Whether the disposition
contributes to the developmental needs of the child, including the academic and
social needs of the child where the child has intellectual disabilities or
learning disabilities;

���� (8)�� Any other circumstances
related to the offense and the juvenile's social history as deemed appropriate
by the court;

���� (9)�� The impact of the
offense on the victim or victims;

���� (10) The impact of the offense
on the community; and

���� (11) The threat to the safety
of the public or any individual posed by the child.

���� b.��� If a juvenile is
adjudged delinquent, and except to the extent that an additional specific
disposition is required pursuant to this section, the court, in accordance with
subsection i. of section 2 of P.L.1982, c.77 (C.2A:4A-21), may order
incarceration pursuant to section 25 of P.L.1982, c.77 (C.2A:4A-44) or the
court may order any one or more of the following dispositions:

���� (1)�� Adjourn formal entry of
disposition of the case for a period not to exceed 12 months for the purpose of
determining whether the juvenile makes a satisfactory adjustment, and if during
the period of continuance the juvenile makes such an adjustment, dismiss the
complaint;

���� (2)�� Release the juvenile to
the supervision of the juvenile's parent or guardian;

���� (3)�� Place the juvenile on
probation to the chief probation officer of the county or to any other suitable
person who agrees to accept the duty of probation supervision for a period not
to exceed three years upon such written conditions as the court deems will aid
rehabilitation of the juvenile;

���� (4)�� Transfer custody of the
juvenile to any relative or other person determined by the court to be
qualified to care for the juvenile;

���� (5)�� Place the juvenile under
the care and responsibility of the Department of Children and Families so that
the commissioner may designate a division or organizational unit in the
department pursuant to P.L.1951, c.138 (C.30:4C-1 et seq.) for the purpose of providing
services in or out of the home.� Within 14 days, unless for good cause shown,
but not later than 30 days, the Department of Children and Families shall
submit to the court a service plan, which shall be presumed valid, detailing
the specifics of any disposition order.� The plan shall be developed within the
limits of fiscal and other resources available to the department.� If the court
determines that the service plan is inappropriate, given existing resources,
the department may request a hearing on that determination;

���� (6)�� Place the juvenile under
the care and custody of the Commissioner of Children and Families for the
purpose of receiving the services of the Division of Children's System of Care
of that department, provided that the juvenile has been determined to be eligible
for those services under P.L.1965, c.59, s.16 (C.30:4-25.4);

���� (7)�� Commit the juvenile,
pursuant to applicable laws and the Rules of Court governing civil commitment,
to the Department of Children and Families under the responsibility of the
Division of Children's System of Care for the purpose of placement in a suitable
public or private hospital or other residential facility for the treatment of
persons who are mentally ill, on the ground that the juvenile is in need of
involuntary commitment;

���� (8)�� (Deleted by amendment,
P.L.2019, c.363)

���� (9)�� Order the juvenile to
make restitution to a person or entity who has suffered loss resulting from
personal injuries or damage to property as a result of the offense for which
the juvenile has been adjudicated delinquent.� The court may determine the reasonable
amount, terms, and conditions of restitution.� If the juvenile participated in
the offense with other persons, the participants shall be jointly and severally
responsible for the payment of restitution. The court shall not require a
juvenile to make full or partial restitution if the juvenile reasonably
satisfies the court that the juvenile does not have the means to make
restitution and could not reasonably acquire the means to pay restitution;

���� (10) Order that the juvenile
perform community services under the supervision of a probation division or
other agency or individual deemed appropriate by the court.� Such services
shall be compulsory and reasonable in terms of nature and duration.� Such services
may be performed without compensation, provided that any money earned by the
juvenile from the performance of community services may be applied towards any
payment of restitution or fine which the court has ordered the juvenile to pay;

���� (11) Order that the juvenile
participate in work programs which are designed to provide job skills and
specific employment training to enhance the employability of job participants.�
Such programs may be without compensation, provided that any money earned by
the juvenile from participation in a work program may be applied towards any
payment of restitution or fine which the court has ordered the juvenile to pay;

���� (12) Order that the juvenile
participate in programs emphasizing self-reliance, such as intensive outdoor
programs teaching survival skills, including but not limited to camping,
hiking, and other appropriate activities;

���� (13) Order that the juvenile
participate in a program of academic or vocational education or counseling,
such as a youth service bureau, requiring attendance at sessions designed to
afford access to opportunities for normal growth and development.� This may
require attendance after school, evenings, and weekends;

���� (14) Place the juvenile in a
suitable residential or nonresidential program for the treatment of alcohol or
narcotic abuse, provided that the juvenile has been determined to be in need of
such services;

���� (15) Order the parent or
guardian of the juvenile to participate in appropriate programs or services
when the court has found either that such person's omission or conduct was a
significant contributing factor towards the commission of the delinquent act,
or, under its authority to enforce litigant's rights, that such person's
omission or conduct has been a significant contributing factor towards the
ineffective implementation of a court order previously entered in relation to
the juvenile;

���� (16) (a) Place the juvenile in
a nonresidential program operated by a public or private agency, providing
intensive services to juveniles for specified hours, which may include
education, counseling to the juvenile and the juvenile's family if appropriate,
vocational training, employment counseling, work, or other services;

���� (b)�� Place the juvenile under
the custody of the Juvenile Justice Commission established pursuant to section
2 of P.L.1995, c.284 (C.52:17B-170) for placement with any private group home
or private residential facility with which the commission has entered into a
purchase of service contract;

���� (17) Instead of or in addition
to any disposition made according to this section, the court may postpone,
suspend, or revoke for a period not to exceed two years the driver's license,
registration certificate, or both of any juvenile who used a motor vehicle in
the course of committing an act for which the juvenile was adjudicated
delinquent. In imposing this disposition and in deciding the duration of the
postponement, suspension, or revocation, the court shall consider the
circumstances of the act for which the juvenile was adjudicated delinquent and
the potential effect of the loss of driving privileges on the juvenile's
ability to be rehabilitated.� Any postponement, suspension, or revocation shall
be imposed consecutively with any custodial commitment;

���� (18) Order that the juvenile
satisfy any other conditions reasonably related to the rehabilitation of the
juvenile;

���� (19) Order a parent or
guardian who has failed or neglected to exercise reasonable supervision or
control of a juvenile who has been adjudicated delinquent to make restitution
to any person or entity who has suffered a loss as a result of that offense
and
participate in the restitution process
.� The court may determine the
reasonable amount, terms, and conditions of restitution;
[
or
]

���� (20) Place the juvenile, if
eligible, in an appropriate juvenile offender program established pursuant to
P.L.1997, c.81 (C.30:8-61 et al.)
; or

����
(21) In the case of a
juvenile who is adjudicated delinquent for an act which, if committed by an
adult, would constitute unlawful possession of a weapon pursuant to
N.J.S.2C:39-5 or possession of a prohibited weapon or device pursuant to
N.J.S.2C:39-3, place the juvenile in a residential reengagement center or a
non-residential reengagement center program and order the parent or guardian of
the juvenile or an appointed court official, as appropriate, to attend hearings
conducted as part of this placement
.

����
As used in this section,
�reengagement center� means a facility that provides counseling, direct career
placement services, self-improvement programs, school assistance, resources for
enrolling in college preparation courses or vocational training, extracurricular
activities, and information to assist the juvenile with re-enrolling in a high
school or a General Educational Development (GED) program and that gives the
juvenile an opportunity to reconnect with the community for the purpose of
rehabilitation and prevention of future unlawful activity.

���� c.���� (1) If the county in
which the juvenile has been adjudicated delinquent has a juvenile detention
facility meeting the physical and program standards established pursuant to
this subsection by the Juvenile Justice Commission, the court may, in addition
to any of the dispositions not involving placement out of the home enumerated
in this section, incarcerate the juvenile in the youth detention facility in
that county for a term not to exceed 60 consecutive days.� The decision by the
court to incarcerate a juvenile shall be made in accordance with subsection i.
of section 2 of P.L.1982, c.77 (C.2A:4A-21).� Counties which do not operate
their own juvenile detention facilities may contract for the use of approved
commitment programs with counties with which they have established agreements
for the use of pre-disposition juvenile detention facilities.� The Juvenile
Justice Commission shall promulgate such rules and regulations from time to
time as deemed necessary to establish minimum physical facility and program
standards for the use of juvenile detention facilities pursuant to this
subsection.

���� (2)�� A juvenile shall not be
incarcerated in any county detention facility unless the county has entered
into an agreement with the Juvenile Justice Commission concerning the use of
the facility for sentenced juveniles. Upon agreement with the county, the Juvenile
Justice Commission shall certify detention facilities which may receive
juveniles sentenced pursuant to this subsection and shall specify the capacity
of the facility that may be made available to receive such juveniles; provided,
however, that in no event shall the number of juveniles incarcerated pursuant
to this subsection exceed 50% of the maximum capacity of the facility.

���� (3)�� The court may fix a term
of incarceration under this subsection that is in accordance with subsection i.
of section 2 of P.L.1982, c.77 (C.2A:4A-21) and:

���� (a)�� The act for which the
juvenile was adjudicated delinquent, if committed by an adult, would have
constituted a crime or repetitive disorderly persons offense;

���� (b)�� Incarceration of the
juvenile is consistent with the goals of public safety, accountability, and
rehabilitation and the court is clearly convinced that the aggravating factors
substantially outweigh the mitigating factors as set forth in section 25 of P.L.1982,
c.77 (C.2A:4A-44); and

���� (c)�� The detention facility
has been certified for admission of adjudicated juveniles pursuant to paragraph
(2).

���� (4)�� If as a result of
incarceration of adjudicated juveniles pursuant to this subsection, a county is
required to transport a predisposition juvenile to a juvenile detention
facility in another county, the costs of such transportation shall be borne by
the Juvenile Justice Commission.

���� d.��� Whenever the court
imposes a disposition upon an adjudicated delinquent which requires the
juvenile to perform a community service, restitution, or to participate in any
other program provided for in this section other than subsection c., the
duration of the juvenile's mandatory participation in such alternative programs
shall extend for a period consistent with the program goal for the juvenile and
shall in no event exceed one year beyond the maximum duration permissible for
the delinquent if the juvenile had been committed to a term of incarceration.

���� e.���� In addition to any
disposition the court may impose pursuant to this section or section 25 of
P.L.1982, c.77 (C.2A:4A-44), the following orders shall be included in
dispositions of the adjudications set forth below:

���� (1)�� An order to perform
community service pursuant to paragraph (10) of subsection b. of this section
for a period of at least 60 days, if the juvenile has been adjudicated
delinquent for an act which, if committed by an adult, would constitute the
crime of theft of a motor vehicle, or the crime of unlawful taking of a motor
vehicle in violation of subsection c. of N.J.S.2C:20-10, or the third degree
crime of eluding in violation of subsection b. of N.J.S.2C:29-2; and

���� (2)�� (Deleted by amendment,
P.L.2019, c.363)

���� (3)�� An order to perform
community service pursuant to paragraph (10) of subsection b. of this section
for a period of at least 30 days, if the juvenile has been adjudicated
delinquent for an act which, if committed by an adult, would constitute the
fourth degree crime of unlawful taking of a motor vehicle in violation of
subsection b. of N.J.S.2C:20-10.

���� (4)�� (Deleted by amendment,
P.L.2019, c.363)

���� f.� (1) (Deleted by amendment,
P.L.2019, c.363)

���� (2)�� (Deleted by amendment,
P.L.2019, c.363)

���� (3)�� (Deleted by amendment,
P.L.2019, c.363)

���� g.��� Whenever the court
imposes a disposition upon an adjudicated delinquent which requires the
juvenile to perform a community service, restitution, or to participate in any
other program provided for in this section, the order shall include provisions
which provide balanced attention to the protection of the community,
accountability for offenses committed, fostering interaction and dialogue
between the offender, victim, and community and the development of competencies
to enable the child to become a responsible and productive member of the
community.

(cf: P.L.2021, c.342, s.1)

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

STATEMENT

���� This bill concerns juveniles
who are charged with or adjudicated delinquent for certain firearms offenses.

���� Under current law, a judge or
court intake officer is required to consider and where appropriate, use certain
alternatives to placing a juvenile who has been charged with certain offenses
in a juvenile detention facility.� In addition to those alternatives set forth
under current law, this bill includes the following as alternatives to placing
a juvenile in detention: 1) in the case of a juvenile who has been charged with
an offense which, if committed by an adult, would constitute unlawful
possession of a weapon or possession of a prohibited weapon or device,
placement in a residential reengagement center or a non-residential
reengagement center program and a requirement for the parent or guardian of the
juvenile or an appointed court official, as appropriate, to attend hearings
conducted as part of this placement; and 2) in the case of a juvenile who has
been charged with an offense which, if committed by an adult, would constitute
a crime of the first, second, or third degree, or one of the following fourth
degree crimes: aggravated assault, stalking, criminal sexual contact, bias
intimidation, failure to control or report a dangerous fire, possession of a
prohibited weapon or device or unlawful possession of a weapon subsequent to
being charged with an offense, which, if committed by an adult, would
constitute unlawful possession of a weapon or possession of a prohibited weapon
or device, placement in a residential reengagement center or a non-residential
reengagement center program and a requirement for the parent or guardian of the
juvenile or an appointed court official, as appropriate, to attend hearings and
participate in programs conducted as part of this placement.�

���� In both cases, a parent or
guardian of the juvenile or an appointed court official, as appropriate, is
required to provide written assurance that the juvenile and the parent,
guardian, or appointed court official, as appropriate, will appear at the next hearing.

���� In addition, under current
law, if a juvenile is adjudicated delinquent, the court, in accordance with
certain principles, may order incarceration of the juvenile or may order
certain other enumerated dispositions.� Under this bill, in addition to the dispositions
set forth under current law, the court may also order the following
disposition: in the case of a juvenile who is adjudicated delinquent for an
act, which if committed by an adult, would constitute unlawful possession of a
weapon or possession of a prohibited weapon or device, place the juvenile in a
residential reengagement center or a non-residential reengagement center
program and order the parent or guardian of the juvenile or an appointed court
official, as appropriate, to attend hearings conducted as part of this
placement.

���� Further, under current law,
one of the enumerated dispositions that a judge may order is a requirement for
a parent or guardian of the juvenile to make restitution in certain cases.�
This bill clarifies that the parent or guardian is also required to participate
in the restitution process.

���� Under the bill, �reengagement
center� is defined as a facility that provides counseling, direct career
placement services, self-improvement programs, school assistance, resources for
enrolling in college preparation courses or vocational training,
extracurricular activities, and information to assist the juvenile with
re-enrolling in a high school or a General Educational Development (GED)
program and that gives the juvenile an opportunity to reconnect with the
community for the purpose of rehabilitation and prevention of future unlawful
activity.