This bill amends Section 8 of P.L.1982, c.77 (C.2A:4A-27) to clarify the rights of juvenile defendants who elect to be tried as adults. It allows any juvenile aged 14 or older, as well as those under 14 charged with murder, to voluntarily choose 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 New Jersey Code of Criminal Justice and the New Jersey Code of Juvenile Justice.

Additionally, the bill establishes that upon granting the election and transferring the case, the juvenile will be subject to the sentencing provisions of the adult court, with a presumption that any custodial sentence will be served in a juvenile facility until the age of 21. 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 bill aims to ensure that juveniles who choose to be tried as adults retain certain procedural rights similar to those of juveniles who are involuntarily waived to adult court.

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