Bill Text: NJ A3117 | 2022-2023 | Regular Session | Amended
Bill Title: Clarifies juvenile's right to attorney representation.
Spectrum: Partisan Bill (Democrat 10-0)
Status: (Passed) 2024-01-12 - Approved P.L.2023, c.257. [A3117 Detail]
Download: New_Jersey-2022-A3117-Amended.html
[Third Reprint]
ASSEMBLY, No. 3117
STATE OF NEW JERSEY
220th LEGISLATURE
INTRODUCED MARCH 7, 2022
Sponsored by:
Assemblyman RAJ MUKHERJI
District 33 (Hudson)
Assemblyman WILLIAM W. SPEARMAN
District 5 (Camden and Gloucester)
Assemblyman REGINALD W. ATKINS
District 20 (Union)
Co-Sponsored by:
Assemblywoman Jasey, Assemblyman Stanley, Assemblywomen Park and McKnight
SYNOPSIS
Clarifies juvenile's right to attorney representation.
CURRENT VERSION OF TEXT
As amended by the Senate on December 21, 2023.
An Act concerning juvenile justice and amending P.L.1982, c.77.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 20 of P.L.1982, c.77 (C.2A:4A-39) is amended to read as follows:
20. a. A juvenile shall have the right, as provided by the Rules of Court, to be represented by counsel at every critical stage [in the] of a court proceeding [which, in the opinion of the court may result in the institutional commitment of the juvenile]. For the purposes of this act "critical stage of a court proceeding" shall include 1[but not be limited to]1 3, but not be limited to3: every court appearance by the juvenile 1, including all post dispositional appearances1; 1and1 any interrogation, identification procedure, or other investigative activity involving the juvenile undertaken by law enforcement or prosecutorial personnel subsequent to the filing of the complaint1[; and the duration of any dispositional order entered by the court]1.
b. During every critical stage of a court proceeding in a delinquency case provided under subsection a. of this section, the waiving of any right afforded to a juvenile shall be accomplished in the following manner:
(1) A juvenile who is found to have mental capacity may not waive any rights except in the presence of and after consultation with counsel, and unless a parent has first been afforded a reasonable opportunity to consult with the juvenile and the juvenile's counsel regarding this decision. The parent or guardian may not waive the rights of a juvenile found to have mental capacity.
(2) Any such waiver shall be executed in writing or recorded. Before the court may accept a waiver, the court shall question the juvenile and the juvenile's counsel to determine if the juvenile is knowingly, willingly, and voluntarily waiving any right. If the court finds after questioning the juvenile that the waiver is not being made voluntarily and intelligently, the waiver shall be denied.
(3) A juvenile who is found to lack mental capacity may not waive any right. A guardian ad litem shall be appointed for the juvenile who may waive rights after consultation with the juvenile and the juvenile's counsel.
(4) Waivers shall be executed in the language regularly spoken by the juvenile.
(cf: P.L.2013, c.103, s.1)
2[2. Section 26 of P.L.1982, c.77 (C.2A:4A-45) is amended to read as follows:
26. Retention of jurisdiction.
a. The court shall retain jurisdiction over any case in which it has entered a disposition under paragraph 7 of subsection b. or subsection c. of section 24 of P.L.1982, c.77 (C.2A:4A-43) or under section 25 of P.L.1982, c.77 (C.2A:4A-44) for the duration of that disposition of commitment or incarceration and may substitute any disposition otherwise available to it under section 24 of P.L.1982, c.77 (C.2A:4A-43) other than incarceration.
b. Except as provided for in subsection a., the court shall retain jurisdiction over any case in which it has entered a disposition under section 24 of P.L.1982, c.77 (C.2A:4A-43) and may at any time for the duration of that disposition, if after hearing, and notice to the prosecuting attorney, it finds violation of the conditions of the order of disposition, substitute any other disposition which it might have made originally.
c. The court may by its order retain jurisdiction in any other case.
d. Notwithstanding the provisions of subsection a. of this section, whenever the court has entered a disposition directing the out-of-home placement of the juvenile pursuant to subsection b. or subsection c. of section 24 of P.L.1982, c.77 (C.2A:4A-43) or section 25 of P.L.1982, c.77 (C.2A:4A-44), the court shall conduct a placement review 1[hearing]1 no later than 12 months after entry of the dispositional order 1and may conduct a formal hearing if so requested by the juvenile or ordered by the court1. During this 1[hearing] review,1 the court shall, at a minimum, review the treatment, care, and custody status of the juvenile 1[; determine whether the placement agency is providing those] , including the1 mental health, substance abuse, educational, and other rehabilitative services 1[necessary] provided1 to promote the juvenile's successful reintegration into the community; determine whether the placement continues to be consistent with the factors enumerated in subsection a. of section 24 of P.L.1982, c.77 (C.2A:4A-43); and, if necessary, modify the 1[dispositional order] disposition to either reduce the term of incarceration or substitute the placement with any other disposition provided for pursuant to subsection b. of section 24 of P.L.1982, c.77 (C.2A:4A-43),1 in accordance with those factors. Subsequent placement 1[review hearings shall] reviews may1 be conducted by the court at least once every 12 months throughout the duration of any out-of-home placement ordered by the court 1if so requested by the juvenile1.
e. The Supreme Court of New Jersey may adopt Rules of Court
governing the conduct of the placement review hearings mandated by subsection d. of this section.
(cf: P.L.1995, c.280, s.13)]2
2[3.] 2.2 This act shall take effect immediately.
