S 1280

SENATE, No. 1280
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Senator LINDA R. GREENSTEIN
District 14 (Mercer and Middlesex)
SYNOPSIS
���� Makes various revisions to juvenile justice law.
CURRENT VERSION OF TEXT
���� Introduced Pending Technical Review by Legislative
Counsel.
��
An Act concerning juvenile justice and amending P.L.1982,
c.77 and P.L.2015, c.89.�
���� Be It
Enacted by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� Section 18 of P.L.1982,
c.77 (C.2A:4A-37) is amended to read as follows:
���� 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 shall specify where a
juvenile may be placed in shelter.
���� b.��� [No] Except as
set forth in subsection d. of this section, no juvenile shall be placed in
detention or shelter care in any place other than that specified by the Youth
Justice Commission or Department of Children and Families as provided in
subsection a.
���� c.��� [A] Except as
set forth in subsection d. of this section, a juvenile being held for a
charge under this act or for a violation of or contempt in connection with a
violation of Title 39 of the Revised Statutes, chapter 7 of Title 12 of the
Revised Statutes or N.J.S.2C:33-13, including a juvenile who has reached the
age of 18 years after being charged, shall not be placed in any prison, jail or
lockup nor detained in any police station, except that if no other facility is
reasonably available a juvenile may be held in a police station in a place
other than one designed for the detention of prisoners and apart from any adult
charged with or convicted of a crime for a brief period if such holding is
necessary to allow release to his parent, guardian, other suitable person, or
approved facility.� No juvenile shall be placed in a detention facility which
has reached its maximum population capacity, as designated by the Youth Justice
Commission.
���� d.��� No juvenile charged with
delinquency shall be transferred to an adult county jail solely by reason of
having reached age 18.� The following standards shall apply to any juvenile who
has been placed on probation pursuant to section 24 of P.L.1982, c.77 (C.2A:4A-43)
and who violates the conditions of that probation after reaching the age of 18[; who has been
placed on parole pursuant to the provisions of the "Parole Act of
1979," P.L.1979, c.441 (C.30:4-123.45 et seq.) and who violates the
conditions of that parole after reaching the age of 18;] or who is
arrested after reaching the age of 18 on a warrant emanating from the
commission of an act of juvenile delinquency:
���� (1)� In the case of a person
18 years of age but less than 20 years of age, the court[, upon
application by any interested party, shall determine the place of detention,
taking into consideration the age and maturity of the person, whether the
placement of the person in a juvenile detention facility would present a risk
to the safety of juveniles residing at the facility, the likelihood that the
person would influence in a negative manner juveniles incarcerated at the
facility, whether the facility has sufficient space available for juveniles and
any other factor the court deems appropriate]
shall hold a hearing to determine whether it is in the interest of justice
to detain the person in a county juvenile detention facility, an adult county
jail, or a secure facility operated by the Youth Justice Commission.� Upon
application at any time by the juvenile detention facility administrator or any
other interested party, the court may order that the person be relocated to the
county jail.� The denial of an application shall not preclude subsequent
applications based on a change in circumstances or information that was not
previously made available to the court.� The determination of the place of
detention shall be made in a summary manner; and
���� (2)� In the case of a person
20 years of age or older, the person shall be incarcerated in the county jail
unless good cause is shown.
���� (3)� When a juvenile who is
detained in a county juvenile detention facility reaches the age of 18, the
court shall hold a hearing to determine whether it is in the interest of
justice to continue to detain the person in the county juvenile detention
facility or transfer the person to an adult county jail or a secure facility
operated by the Youth Justice Commission.
���� (4)� At the hearing
required pursuant to paragraphs (1) and (3) of this subsection, the court shall
determine the place of detention, taking into consideration the following
factors:
���� (a)�� the physical and
mental danger the person presents to other juveniles;
���� (b)� known gang
affiliations of the person;
���� (c)�� the nature of the
alleged crimes committed by the person;
���� (d)� the history of prior
delinquent acts committed by the person;
���� (e)�� the physical and
mental maturity of the person;
���� (f)�� when the person
presents any imminent risk of self-harm; and
���� (g)� any other aggravating
or mitigating factors the court deems appropriate.
���� (5)� Notwithstanding any
provisions of law to the contrary, a juvenile may be detained in a secure
facility operated by the Youth Justice Commission pursuant to the provisions of
this subsection.
���� e.��� (1) The Youth Justice
Commission and the Department of Children and Families shall promulgate such
rules and regulations from time to time as deemed necessary to establish
minimum physical facility and program standards for juvenile detention
facilities or shelters under their respective supervision.
���� (2)� The Youth Justice
Commission and the Department of�� Children and Families, in consultation with
the appropriate county administrator of the county facility or shelter, shall
assign a maximum population capacity for each juvenile detention facility or shelter
based on minimum standards for these facilities.
���� f.���� (1) Where either the
Youth Justice Commission or the Department of Children and Families determines
that a juvenile detention facility or shelter under its control or authority is
regularly over the maximum population capacity or is in willful and continuous
disregard of the minimum standards for these facilities or shelters, the
commission or department may restrict new admissions to the facility or
shelter.
���� (2)� Upon making such
determination, the commission or department shall notify the governing body of
the appropriate county of its decision to impose such a restriction, which
notification shall include a written statement specifying the reasons therefor
and corrections to be made. If the commission or department shall determine
that no appropriate action has been initiated by the administrator of the
facility or shelter within 60 days following such notification to correct the
violations specified in the notification, it shall order that such juvenile
detention facility or shelter shall immediately cease to admit juveniles.� The
county shall be entitled to a hearing where such a restriction is imposed by
the commission or department.
���� (3)� Any juvenile detention
facility or shelter so restricted shall continue under such order until such
time as the commission or department determines that the violation specified in
the notice has been corrected or that the facility or shelter has initiated
actions which will ensure the correction of said violations.
���� (4)� Upon the issuance of an
order to cease admissions to a juvenile detention facility or shelter, the
commission or department shall determine whether other juvenile detention
facilities or shelters have adequate room for admitting juveniles and shall
assign the juveniles to the facilities or shelters on the basis of available
space; provided that the department shall not assign the juvenile to a facility
or shelter where such facility or shelter is at the maximum population.� A
juvenile detention facility or shelter ordered to accept a juvenile shall do so
within five days following the receipt of an order to accept admission of such
juvenile.
���� (5)� A juvenile detention
facility or shelter restricted by an order to cease admissions shall assume
responsibility for the transportation of a juvenile sent to another juvenile
detention facility or shelter so long as the order shall remain in effect.
���� (6)� A facility or shelter
receiving juveniles pursuant to paragraph (4) of this subsection shall receive
from the sending county a reasonable and appropriate per diem allowance for
each juvenile sent to the facility, such allowance to be used for the custody,
care, maintenance, and any other services normally provided by the county to
juveniles in the facility or shelter and which reflects all county expenditures
in maintaining such juvenile, including a proportionate share of all buildings
and grounds costs, personnel costs, including fringe benefits, administrative
costs and all other direct and indirect costs.
���� (7)� The governing body of a
county whose juvenile detention facility or shelter has been prohibited from
accepting new admissions, and whose juveniles have been assigned to other
juvenile detention facilities or shelters, shall appropriate an amount to pay the
county receiving such juveniles for all expenses incurred pursuant to paragraph
(6) of this subsection.
(cf:� P.L.2025, c.35, s.4)
���� 2.��� 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.� A
juvenile who is detained pursuant to section 18 of P.L.1982, c.77 (C.2A:4A-37)
for the period of time prior to the filing of the motion by the prosecutor
shall be credited with time served following a final disposition resulting in
detention.�
���� 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) 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)�� first 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) 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.
���� (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 Youth 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 Youth 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.�
���� 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 Youth
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 Youth 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 Youth Justice Commission in the discretion of
the Youth 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 Youth 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 Youth 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.2025, c.35, s.3)
���� 3.��� 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.
���� 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.
���� i.� A trial of final
disposition of a juvenile pursuant to this title shall take place no later than
two years following the intake of that juvenile pursuant to section 12 of
P.L.1982, c.77 (C.2A:4A-31), excluding any delays attributable to the
juvenile.�
(cf: P.L.2005, c.361, s.1)
���� 4.��� This act shall take
effect immediately.�
STATEMENT
���� This bill makes various
revisions to the statutes governing juvenile justice.�
���� Under current law, the
following standards apply to any juvenile who has been placed on probation and
who violates the conditions of that probation after reaching the age of 18; who
has been placed on parole and who violates the conditions of that parole after
reaching the age of 18; or who is arrested after reaching the age of 18 on a
warrant emanating from the commission of an act of juvenile delinquency: 1) in
the case of a person 18 years of age but less than 20 years of age, the court,
upon application by any interested party, is to determine the place of
detention, taking into consideration certain factors; and 2) in the case of a
person 20 years of age or older, the person is to be incarcerated in the county
jail unless good cause is shown.
���� Under the provisions of this
bill, the following standards apply to any juvenile who has been placed on
probation and violates the conditions of that probation after reaching the age
of 18 or who is arrested after reaching the age of 18 on a warrant emanating
from the commission of an act of juvenile delinquency: 1) in the case of a
person 18 years of age but less than 20 years of age, the court is required to hold
a hearing to determine whether it is in the interest of justice to detain the
juvenile in the county juvenile detention facility, an adult county jail, or a
secure facility operated by the Youth Justice Commission; and 2) in the case of
a person 20 years of age or older, the person is to be incarcerated in the
county jail unless good cause is shown, as provided under current law.
���� In addition, when a juvenile
who is detained in a county juvenile detention facility reaches the age of 18,
the court is required to hold a hearing to determine whether it is in the
interest of justice to continue to detain the person in the county juvenile
detention facility or transfer the person to an adult county jail or a secure
facility operated by the Youth Justice Commission.�
���� At the hearing required
pursuant to the bill�s provisions, the court is required to determine the place
of detention taking into consideration the following factors: 1) the physical
and mental danger the person presents to other juveniles; 2) known gang affiliations
of the person; 3) the nature of the alleged crimes committed by the person; 4)
the history of prior delinquent acts committed by the person; 5) the physical
and mental maturity of the person; 6) whether the person presents any imminent
risk of self-harm; and 7) any other aggravating or mitigating factors the court
deems appropriate.
���� The bill provides that notwithstanding
any provisions of law to the contrary, a juvenile may be detained in a secure
facility operated by the Youth Justice Commission pursuant to the bill�s
provisions.
���� In addition, the bill also
grants a credit for time served in certain instances and establishes a
limitation on the amount of time between a juvenile�s intake and final
disposition.� Under current law, a prosecutor seeking to waive jurisdiction of
a juvenile delinquency case from family court to adult criminal court is
required to file a motion within 60 days, which time may be extended for good
cause.� This bill provides that a juvenile who is detained for the period of time
taken by the prosecutor to file the motion is to be credited with the time
served following the juvenile�s final disposition resulting in detention.� The
bill also requires that a trial of final disposition is to take place within
two years following the juvenile�s intake.�