This bill amends existing law to clarify the rights of juvenile defendants who choose to be tried as adults. Specifically, 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 once a juvenile's election to be tried as an adult is granted, the case will proceed as if it originated in that court, with a presumption that any custodial sentence will be served in a juvenile facility until the age of 21, unless certain conditions apply. The court may also remand the case back to the Family Part if it is deemed in the best interests of the juvenile and the public. Overall, this legislation aims to ensure that juvenile defendants who voluntarily choose to be tried as adults retain similar rights to those who are involuntarily waived to adult court.

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