This bill amends existing law to enhance the rights of juvenile defendants who choose to be tried as adults. Specifically, 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, contingent upon court approval. The bill mandates that a hearing be conducted to inform the juvenile of the differences in sentencing and consequences between the juvenile and adult justice systems, ensuring that the election is made knowingly, willingly, and voluntarily.

Furthermore, 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. The bill also allows for the possibility of remanding the case back to the Family Part if it is determined that the best interests of the juvenile and public are better served through juvenile adjudication. These provisions align with the rights afforded to juveniles who are involuntarily waived to adult court, thereby creating a more equitable legal framework for juvenile defendants.

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