This bill amends existing law to clarify the rights of juvenile defendants who choose to be tried as adults. It allows any juvenile aged 14 or older, as well as those under 14 charged with murder, to elect to have their case transferred to the appropriate court, subject to court approval. The bill mandates that the court conduct a hearing to ensure that the juvenile's election is made knowingly, willingly, and voluntarily, and to inform them of the differences in sentencing and consequences between the adult and juvenile justice systems.

Additionally, the bill establishes that upon approval of the election, the case will proceed as if it originated in the adult court, with a presumption that any custodial sentence will be served in a juvenile facility until the age of 21, unless certain conditions apply. It also allows for the possibility of remanding the case back to the Family Part if it is deemed in the best interests of the juvenile and the public. Overall, the legislation aims to ensure that juveniles who voluntarily opt for adult trials retain similar rights to those whose cases are involuntarily transferred by prosecutors.

Statutes affected:
Introduced: 2A:4A-27