NJ A1402

Juveniles aged 14 and older who elect to be tried as adults would now require court approval for that transfer, with the court conducting a hearing to ensure the election is knowing, willing, and voluntary.

Courts must inform juveniles of the differences in maximum sentences and consequences between the adult criminal justice system and juvenile justice system before approving the transfer.

Juveniles who elect adult trial would retain the presumptive right to serve custodial sentences in State juvenile facilities until age 21, similar to protections for juveniles involuntarily waived to adult court.

With consent of both the juvenile and prosecutor, cases can be remanded back to Family Part at any point if juvenile-specific programs would better serve public interests and the juvenile's best interests.

The bill extends to voluntary transfer cases the same procedural rights currently provided to juveniles involuntarily waived by prosecutors, including potential juvenile facility housing and remand options.