This bill amends Section 8 of P.L.1982, c.77 (C.2A:4A-27) to enhance 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 transfer their case to the appropriate court, subject to court approval. The court is required to conduct a hearing to ensure that the juvenile understands the differences in sentencing and consequences between the adult and juvenile justice systems, and that the election is made knowingly 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, unless certain conditions warrant a transfer to an adult facility. Additionally, the bill allows for the possibility of remanding 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. These provisions align with the rights afforded to juveniles who are involuntarily waived to adult court.
Statutes affected: Introduced: 2A:4A-27