Title 2A, Title 2A: ADMINISTRATION OF CIVIL AND CRIMINAL JUSTICE

2A:4A-24. Exclusive jurisdiction of the court and nature of jurisdiction a. Except as otherwise provided by law, the court shall have exclusive jurisdiction in all cases where it is charged that a juvenile has committed an act of delinquency and over all matters relating to a juv…

2A:4A-25. Transfer from other courts 6. Transfer from other courts. Except as provided in section 4 of P.L.1982, c.77 (C.2A:4A-23), and unless jurisdiction has been waived under section 7 of P.L.1982, c.77 (C.2A:4A-26), if during the pendency in any other court of a case charging…

2A:4A-26.1 Filing motion seeking waiver of jurisdiction; hearing. 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 ju…

2A:4A-27. Referral to other court at election of juvenile. 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 char…

2A:4A-28. Effect of referral to other court 9. Effect of referral to other court. Whenever a case is referred to another court as provided by section 7 of P.L.1982, c.77 (C.2A:4A-26) or section 8 of P.L.1982, c.77 (C.2A:4A-27), that case shall thereafter proceed in the same manne…

2A:4A-29. Use of juvenile's testimony at referral hearing 10. Use of juvenile's testimony at referral hearing. No testimony of a juvenile at a hearing pursuant to section 7 of P.L.1982, c.77 (C.2A:4A-26) or section 8 of P.L.1982, c.77 (C.2A:4A-27) shall be admissible for any purp…

2A:4A-30. Complaints and petitions a. Complaints charging delinquency may be signed by any person who has knowledge of the facts alleged to constitute delinquency or is informed of such facts and believes that they are true. The complaint shall be filed with the clerk of the cour…

2A:4A-31. Taking into custody a. A juvenile may be taken into custody: (1) Pursuant to an order or warrant of any court having jurisdiction; or (2) For delinquency, when there has been no process issued by a court, by a law enforcement officer, pursuant to the laws of arrest and …

2A:4A-32. Short-term custody 13. Short-term custody. a. Under no circumstances shall any juvenile taken into short-term custody under section 12 of P.L.1982, c.77 (C.2A:4A-31) be held more than six hours. A juvenile taken into short-term custody shall not be retained in a detenti…

2A:4A-33. Taking into custody; notice to parents a. Any person taking a juvenile into custody shall immediately notify the parents, or the juvenile's guardian, if any, that the juvenile has been taken into custody. L.1982, c. 77, s. 14, eff. Dec. 31, 1983.

2A:4A-34 Criteria for placing juvenile in detention. 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…

2A:4A-35. Release of juvenile on own recognizance A juvenile charged with delinquency may be released at either the police or court level on his own recognizance if all of the following circumstances have been met: a. The nature of the offense charged is not such that a danger to…

2A:4A-36 Detention of waiver cases. 17. a. If the court waives jurisdiction over a case and refers that case to the appropriate court and prosecuting authority, there shall be a hearing before the court waiving jurisdiction to decide whether to detain the juvenile pending resolut…

2A:4A-37 Place of detention or shelter. 18. Place of detention or shelter. a. The Youth Justice Commission established pursuant to section 2 of P.L.1995, c.284 (C.52:17B-170) shall specify the place where a juvenile may be detained; and the Department of Children and Families sha…

2A:4A-38. Detention hearing 19. Detention hearing. a. When a juvenile is taken into custody and detained a complaint shall be filed forthwith as provided by the Rules of Court. The court shall determine whether detention is required pursuant to the criteria provided for in sectio…

2A:4A-39 Right to counsel. 20. a. A juvenile shall have the right, as provided by the Rules of Court, to be represented by counsel at every critical stage of a court proceeding. For the purposes of this act "critical stage of a court proceeding" shall include, but not be limited …

2A:4A-40. Rights of juveniles All defenses available to an adult charged with a crime, offense or violation shall be available to a juvenile charged with committing an act of delinquency. All rights guaranteed to criminal defendants by the Constitution of the United States and th…

2A:4A-41. Dispositional hearing Where a juvenile is adjudicated delinquent, the disposition of the case shall be entered within 30 days of such adjudication if the juvenile has been placed in a detention center or shelter-care facility. If the juvenile is so placed and no disposi…

2A:4A-42 Predispositional evaluation. 23. Predispositional evaluation. a. Before making a disposition, the court may refer the juvenile to an appropriate individual, agency or institution for examination and evaluation. b. In arriving at a disposition, the court may also consult …

2A:4A-43 Disposition of delinquency cases. 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 inj…

2A:4A-43.1. Certain juveniles to submit to serological tests 3. In accordance with section 4 of P.L.1993, c.364 (C.2C:43-2.2) and in addition to any other disposition authorized pursuant to N.J.S.2A:4A-43, a court shall order a juvenile charged with delinquency or adjudicated del…

2A:4A-43.2. Additional penalty for juvenile adjudicated delinquent 5. In addition to any other penalty imposed by the court, any juvenile adjudicated delinquent for an offense which, if committed by an adult, would constitute criminal mischief pursuant to N.J.S.2C:17-3, attemptin…

2A:4A-43.4. Orders for certain serological testing of juveniles required under certain circumstances. 8. a. In addition to any other disposition made pursuant to law, a court shall order a juvenile charged with delinquency or adjudicated delinquent for an act which, if committed …

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, …

2A:4A-44.1. State incarceration of juveniles in county juvenile detention facilities 1. The Youth Justice Commission established pursuant to section 2 of P.L.1995, c.284 (C.52:17B-170) may enter into an agreement with any county concerning the use of that county's juvenile detent…

2A:4A-44.2 Application of public health emergency credits to juvenile. 2. a. Except as provided in subsection b. of this section, the award of public health emergency credits pursuant to section 1 of P.L.2020, c.111 (C.30:4-123.100) shall apply to any juvenile serving a sentence …

2A:4A-44.3 Identification of juveniles scheduled for release. 6. a. The Executive Director of the Youth Justice Commission shall immediately identify any juvenile who is scheduled to be released from the custody of the Youth Justice Commission within 365 days as a result of the a…

2A:4A-44.4 Actions of prosecutor, Attorney General. 7. Notwithstanding the provisions of any law to the contrary, upon receipt of notice from the Executive Director of the Youth Justice Commission that a juvenile is scheduled to be released from the custody of the Youth Justice C…

2A:4A-45. Retention of jurisdiction 26. Retention of jurisdiction. a. The court shall retain jurisdiction over any case in which it has entered a disposition under paragraph 7 of subsection b. or subsection c. of section 24 of P.L.1982, c.77 (C.2A:4A-43) or under section 25 of P.…

2A:4A-46 Disposition of juvenile-family crisis. 27. a. The court may order any disposition in a juvenile-family crisis provided for in paragraphs (2), (4), (5), (6), (7) and (13) of subsection b. of section 24 of P.L.1982, c.77 (C.2A:4A-43) or other disposition specifically provi…

2A:4A-47. Termination of orders of disposition 28. a. Any order of disposition entered in a case under this act shall terminate when the juvenile who is the subject of the order attains the age of 18, or three years from the date of the order whichever is later unless such order …

2A:4A-48. Effect of disposition No disposition under this act shall operate to impose any of the civil disabilities ordinarily imposed by virtue of a criminal conviction, nor shall a juvenile be deemed a criminal by reason of such disposition. The disposition of a case under this…

2A:4A-60 Disclosure of juvenile information; penalties for disclosure. 1. Disclosure of juvenile information; penalties for disclosure. a. Social, medical, psychological, legal and other records of the court and probation division, and records of law enforcement agencies, pertain…

2A:4A-60.1. Juvenile information, records; rules governing disclosure adoption 2. The Supreme Court of New Jersey may adopt Rules of Court governing the disclosure to State and local law enforcement agencies and prosecutors of information and records relating to juveniles in the …

2A:4A-60.2 Disclosure, use of juvenile's statement made in course of screening. 4. Except as otherwise required by law, any statement made by a juvenile in the course of a suicide or mental health screening, conducted with or without the juvenile's consent, or reports or records …

2A:4A-60.3 Disclosure of juvenile's information to court; conditions. 13. Reports or records relating to mental health services provided to a juvenile prior to an adjudication of delinquency or a finding of guilt, regardless of whether such mental health services were provided wi…

2A:4A-61. Fingerprint records; photographs of juveniles 2. Fingerprint records; photographs of juveniles. a. Fingerprints of a juvenile may be taken only in the following circumstances: (1) Where latent fingerprints are found during the investigation of an offense and a law enfor…

2A:4A-62. Sealing of records 3. Sealing of records. a. On motion of a person who has been the subject of a complaint filed under this act or on its own motion, the court may vacate its order and findings and order the nondisclosure of social, medical, psychological, legal and oth…

2A:4A-70. County court intake services County court intake services. a. Each county shall establish a court intake service which shall have among its responsibilities the screening of juvenile delinquency complaints and juvenile-family crisis referrals. The intake service shall o…

2A:4A-71 Review and processing of complaints. 2. Review and processing of complaints. a. The jurisdiction of the court in any complaint filed pursuant to section 11 of P.L.1982, c.77 (C.2A:4A-30) shall extend to the juvenile who is the subject of the complaint and his parents or …

2A:4A-71.1 Diversionary programs for certain juveniles. 2. a. Where a complaint against a juvenile pursuant to section 11 of P.L.1982, c.77 (C.2A:4A-30) alleges that the juvenile has committed an eligible offense as defined in subsection c. of this section and the court has appro…

2A:4A-72. Recommendation of diversion 3. a. Where court intake services recommends diverting the juvenile, the reasons for the recommendation shall be submitted by intake services and approved by the court before the case is deemed diverted. b. Where, in determining whether to re…

2A:4A-73. Diverting complaints a. The court may divert a complaint filed pursuant to section 11 of P.L.1982, c.77 (C.2A:4A-30) to intake conferences or juvenile conference committees. Where the complaint alleges a disorderly persons or petty disorderly persons offense the court m…

2A:4A-74 Court intake service conference. 5. Court intake service conference. a. Where the juvenile is diverted to a court intake service conference, notices of the conference shall be sent to the juvenile and his parents or guardian and to the complainant or victim. The parties …

2A:4A-75 Juvenile conference committees. 6. a. The court may appoint one or more juvenile conference committees for each county or municipality to hear and decide matters referred to it by the court. b. The method of appointment and terms of membership to the committees shall be …

2A:4A-76. Juvenile-family crisis intervention units established There shall be established in each county one or more juvenile-family crisis intervention units. Each unit shall operate either as a part of the court intake service, or where provided for by the county, through any …