This bill amends existing law regarding the rights of juvenile defendants who choose to be tried as adults. It allows juveniles aged 14 and older, as well as those under 14 charged with murder, to elect to transfer their cases to the appropriate court with jurisdiction, subject to court approval. The court is required to conduct a hearing to inform the juvenile about the differences in sentencing and consequences between the adult and juvenile justice systems, ensuring that the election is made knowingly, willingly, and voluntarily.
Upon approval of the transfer, the case will proceed as if it originated in the Criminal Part, with a presumption that any custodial sentence will be served in a juvenile facility until the age of 21. However, there are provisions for transferring older juveniles to adult facilities if necessary for safety reasons, and for allowing those over 21 to remain in juvenile facilities at the discretion of the Juvenile Justice Commission. Additionally, the bill permits the court to remand the case back to the Family Part if it is determined that the juvenile's best interests and public interests would be better served by accessing juvenile programs.
Statutes affected: Introduced: 2A:4A-27