(Sponsorship Updated As Of: 3/7/2024)
SENATE, No. 2423
STATE OF NEW JERSEY
221st LEGISLATURE
INTRODUCED JANUARY 29, 2024
Sponsored by:
Senator NELLIE POU
District 35 (Bergen and Passaic)
Senator ANGELA V. MCKNIGHT
District 31 (Hudson)
SYNOPSIS
Renames Juvenile Justice Commission as Youth Justice Commission.
CURRENT VERSION OF TEXT
As reported by the Senate Law and Public Safety Committee with technical
review.
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EXPLANATION – Matter enclosed in bold-faced brackets [thus] in the above bill is
not enacted and is intended to be omitted in the law.
Matter underlined thus is new matter.
AN ACT renaming the Juvenile Justice Commission and amending 1
the various parts of the statutory law. 2
3
BE IT ENACTED by the Senate and General Assembly of the State 4
of New Jersey: 5
6
1. Section 1 of P.L.1982, c.77 (C.2A:4A-20) is amended to 7
read as follows: 8
1. This act shall be known and may be cited as the "New Jersey 9
Code of [Juvenile] Youth Justice." 10
(cf: P.L.1982, c.77, s.1) 11
12
2. Section 3 of P.L.1982, c.77 (C.2A:4A-22) is amended to 13
read as follows: 14
3. General definitions. As used in this act: 15
a. "Juvenile" means an individual who is under the age of 18 16
years. 17
b. "Adult" means an individual 18 years of age or older. 18
c. "Detention" means the temporary care of juveniles in 19
physically restricting facilities pending court disposition. 20
d. "Shelter care" means the temporary care of juveniles in 21
facilities without physical restriction pending court disposition. 22
e. "Commit" means to transfer legal custody to an institution. 23
f. "Guardian" means a person, other than a parent, to whom 24
legal custody of the child has been given by court order or who is 25
acting in the place of the parent or is responsible for the care and 26
welfare of the juvenile. 27
g. "Juvenile-family crisis" means behavior, conduct or a 28
condition of a juvenile, parent or guardian or other family member 29
which presents or results in (1) a serious threat to the well-being 30
and physical safety of a juvenile, or (2) a serious conflict between a 31
parent or guardian and a juvenile regarding rules of conduct which 32
has been manifested by repeated disregard for lawful parental 33
authority by a juvenile or misuse of lawful parental authority by a 34
parent or guardian, or (3) unauthorized absence by a juvenile for 35
more than 24 hours from his home, or (4) a pattern of repeated 36
unauthorized absences from school by a juvenile subject to the 37
compulsory education provision of Title 18A of the New Jersey 38
Statutes, or (5) an act which if committed by an adult would 39
constitute prostitution in violation of N.J.S.2C:34-1 or any offense 40
which the juvenile alleges is related to the juvenile being a victim 41
of human trafficking. 42
h. "Repetitive disorderly persons offense" means the second or 43
more disorderly persons offense committed by a juvenile on at least 44
two separate occasions and at different times. 45
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i. "Court" means the Superior Court, Chancery Division, 1
Family Part unless a different meaning is plainly required. 2
j. "Commission" means the [Juvenile] Youth Justice 3
Commission established pursuant to section 2 of P.L.1995, c.284 4
(C.52:17B-170). 5
(cf: P.L.2011, c.195, s.2) 6
7
3. Section 1 of P.L.2015, c.89 (C.2A:4A-26.1) is amended to read 8
as follows: 9
1. a. A prosecutor seeking waiver of jurisdiction of a juvenile 10
delinquency case by the Superior Court, Chancery Division, Family 11
Part to an appropriate court and prosecuting authority without the 12
consent of the juvenile shall file a motion within 60 days after the 13
receipt of the complaint, which time may be extended for good cause 14
shown. The motion shall be accompanied by a written statement of 15
reasons clearly setting forth the facts used in assessing all factors 16
contained in paragraph (3) of subsection c. of this section, together 17
with an explanation as to how evaluation of those facts support waiver 18
for each particular juvenile. 19
b. At a hearing, the court shall receive the evidence offered by the 20
State and by the juvenile. The State shall provide proof to satisfy the 21
requirements set forth in paragraphs (1) and (2) of subsection c. of this 22
section. The court also shall review whether the State considered the 23
factors set forth in paragraph (3) of subsection c. of this section. 24
c. Except as provided in paragraph (3) of this subsection, the 25
court shall waive jurisdiction of a juvenile delinquency case without 26
the juvenile's consent and shall refer the case to the appropriate court 27
and prosecuting authority having jurisdiction if: 28
(1) The juvenile was 15 years of age or older at the time of the 29
alleged delinquent act; and 30
(2) There is probable cause to believe that the juvenile committed 31
a delinquent act which if committed by an adult would constitute: 32
(a) criminal homicide, other than death by auto; 33
(b) strict liability for drug-induced deaths; 34
(c) first degree robbery; 35
(d) carjacking; 36
(e) aggravated sexual assault; 37
(f) sexual assault; 38
(g) second degree aggravated assault; 39
(h) kidnapping; 40
(i) aggravated arson; 41
(j) possession of a firearm with a purpose to use it unlawfully 42
against the person of another under subsection a. of N.J.S.2C:39-4, or 43
possession of a firearm while committing or attempting to commit, 44
including the immediate flight therefrom, aggravated assault, 45
aggravated criminal sexual contact, burglary, or escape; 46
(k) a violation of N.J.S.2C:35-3 (Leader of a Narcotics Trafficking 47
Network); 48
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(l) a violation of N.J.S.2C:35-4 (Maintaining and Operating a 1
CDS Production Facility); 2
(m) a violation of section 1 of P.L.1998, c.26 (C.2C:39-4.1) 3
(Weapons Possession while Committing certain CDS Offenses); 4
(n) an attempt or conspiracy to commit any of the crimes 5
enumerated in subparagraphs (a) through (m) of this paragraph; or 6
(o) a crime committed at a time when the juvenile previously had 7
been sentenced and confined in an adult correctional facility. 8
(3) The court may deny a motion by the prosecutor to waive 9
jurisdiction of a juvenile delinquency case if it is clearly convinced 10
that the prosecutor abused his discretion in considering the following 11
factors in deciding whether to seek a waiver: 12
(a) The nature and circumstances of the offense charged; 13
(b) Whether the offense was against a person or property, 14
allocating more weight for crimes against the person; 15
(c) Degree of the juvenile's culpability; 16
(d) Age and maturity of the juvenile; 17
(e) Any classification that the juvenile is eligible for special 18
education to the extent this information is provided to the prosecution 19
by the juvenile or by the court; 20
(f) Degree of criminal sophistication exhibited by the juvenile; 21
(g) Nature and extent of any prior history of delinquency of the 22
juvenile and dispositions imposed for those adjudications; 23
(h) If the juvenile previously served a custodial disposition in a 24
State juvenile facility operated by the [Juvenile] Youth Justice 25
Commission, and the response of the juvenile to the programs 26
provided at the facility to the extent this information is provided to the 27
prosecution by the [Juvenile] Youth Justice Commission; 28
(i) Current or prior involvement of the juvenile with child welfare 29
agencies; 30
(j) Evidence of mental health concerns, substance use disorder, or 31
emotional instability of the juvenile to the extent this information is 32
provided to the prosecution by the juvenile or by the court; and 33
(k) If there is an identifiable victim, the input of the victim or 34
victim's family. 35
The Attorney General may develop for dissemination to the county 36
prosecutors those guidelines or directives deemed necessary or 37
appropriate to ensure the uniform application of this section 38
throughout the State. 39
d. An order waiving jurisdiction over a case and referring the case 40
to the appropriate court and prosecuting authority shall specify the 41
alleged act upon which the referral is based and all other delinquent 42
acts charged against the juvenile arising out of or related to the same 43
transaction. 44
e. Testimony of a juvenile at a hearing to determine referral under 45
this section shall not be admissible for any purpose in any subsequent 46
hearing to determine delinquency or guilt of any offense. 47
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f. Upon waiver of jurisdiction and referral to the appropriate 1
court and prosecuting authority having jurisdiction: 2
(1) The case shall proceed as if it originated in that court and shall 3
be subject to the sentencing provisions available to that court; 4
provided, however, upon conviction for any offense which is subject to 5
waiver pursuant to paragraph (2) of subsection c. of this section, there 6
shall be a presumption that the juvenile shall serve any custodial 7
sentence imposed in a State juvenile facility operated by the 8
[Juvenile] Youth Justice Commission until the juvenile reaches the 9
age of 21, except that: 10
(a) a juvenile who has not reached the age of 21 may, in the 11
discretion of the [Juvenile] Youth Justice Commission, be transferred 12
to the Department of Corrections in accordance with the plan 13
established pursuant to subsection e. of section 7 of P.L.1995, c.284 14
(C.52:17B-175) and regulations adopted pursuant to that section; and 15
(b) a juvenile who has reached or exceeds the age of 21 may 16
continue to serve a sentence in a State juvenile facility operated by the 17
[Juvenile] Youth Justice Commission in the discretion of the 18
[Juvenile] Youth Justice Commission and if the juvenile so consents; 19
otherwise the juvenile shall serve the remainder of the custodial 20
sentence in a State correctional facility; 21
(2) If a juvenile is not convicted of an offense set forth in 22
paragraph (2) of subsection c. of this section, a conviction for any 23
other offense shall be deemed a juvenile adjudication and be remanded 24
to the Superior Court, Chancery Division, Family Part for disposition, 25
in accordance with the dispositional options available to that court and 26
all records related to the act of delinquency shall be subject to the 27
provisions of section 1 of P.L.1982, c.79 (C.2A:4A-60); 28
(3) With the consent of the defense and the prosecutor, at any point 29
in the proceedings subsequent to the decision ordering waiver the court 30
may remand to the Superior Court, Chancery Division, Family Part if 31
it appears that: 32
(a) the interests of the public and the best interests of the juvenile 33
require access to programs or procedures uniquely available to that 34
court; and 35
(b) the interests of the public are no longer served by waiver. 36
g. (1) The [Juvenile] Youth Justice Commission, in consultation 37
with the Attorney General, shall establish a program to collect, record, 38
and analyze data regarding waiver of jurisdiction of a juvenile 39
delinquency case by the Superior Court, Chancery Division, Family 40
Part to an appropriate court and prosecuting authority. In furtherance 41
of this program, the [Juvenile] Youth Justice Commission shall, in 42
cooperation with the Administrative Office of the Courts, Attorney 43
General, and county prosecutors, collect data related to the decision to 44
seek waiver of jurisdiction of a juvenile delinquency case, which shall 45
include but not be limited to data concerning: 46
(a) youth demographics, including age, gender, race, and ethnicity; 47
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(b) case characteristics, including the degree of the offense waived, 1
the degree of the offense convicted, and the final court resolution; 2
(c) case processing times; and 3
(d) waiver rates by race and ethnicity. 4
(2) The commission shall prepare and publish on its Internet 5
website biennial reports summarizing the data collected, recorded, and 6
analyzed pursuant to paragraph (1) of this subsection. 7
(3) The commission shall, pursuant to section 2 of P.L. 1991, 8
c.164 (C.52:14-19.1), biennially prepare and transmit to the Governor 9
and the Legislature the reports required in paragraph (2) of this 10
subsection, along with any recommendations the commission may 11
have for legislation concerning waiver of jurisdiction of juvenile 12
delinquency cases. 13
(cf: P.L.2023, c.177, s.1) 14
15
4. Section 18 of P.L.1982, c.77 (C.2A:4A-37) is amended to 16
read as follows: 17
18. Place of detention or shelter. a. The [Juvenile] Youth 18
Justice Commission established pursuant to section 2 of P.L.1995, 19
c.284 (C.52:17B-170) shall specify the place where a juvenile may 20
be detained; and the Department of Children and Families shall 21
specify where a juvenile may be placed in shelter. 22
b. No juvenile shall be placed in detention or shelter care in 23
any place other than that specified by the [Juvenile] Youth Justice 24
Commission or Department of Children and Families as provided 25
in subsection a. 26
c. A juvenile being held for a charge under this act or for a 27
violation of or contempt in connection with a violation of Title 39 28
of the Revised Statutes, chapter 7 of Title 12 of the Revised Statutes 29
or N.J.S.2C:33-13, including a juvenile who has reached the age of 30
18 years after being charged, shall not be placed in any prison, jail 31
or lockup nor detained in any police station, except that if no other 32
facility is reasonably available a juvenile may be held in a police 33
station in a place other than one designed for the detention of 34
prisoners and apart from any adult charged with or convicted of a 35
crime for a brief period if such holding is necessary to allow release 36
to his parent, guardian, other suitable person, or approved facility. 37
No juvenile shall be placed in a detention facility which has reached 38
its maximum population capacity, as designated by the [Juvenile] 39
Youth Justice Commission. 40
d. No juvenile charged with delinquency shall be transferred to 41
an adult county jail solely by reason of having reached age 18. The 42
following standards shall apply to any juvenile who has been placed 43
on probation pursuant to section 24 of P.L.1982, c.77 (C.2A:4A-43) 44
and who violates the conditions of that probation after reaching the 45
age of 18; who has been placed on parole pursuant to the provisions 46
of the "Parole Act of 1979," P.L.1979, c.441 (C.30:4-123.45 et seq.) 47
and who violates the conditions of that parole after reaching the age 48
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of 18; or who is arrested after reaching the age of 18 on a warrant 1
emanating from the commission of an act of juvenile delinquency: 2
(1) In the case of a person 18 years of age but less than 20 years 3
of age, the court, upon application by any interested party, shall 4
determine the place of detention, taking into consideration the age 5
and maturity of the person, whether the placement of the person in a 6
juvenile detention facility would present a risk to the safety of 7
juveniles residing at the facility, the likelihood that the person 8
would influence in a negative manner juveniles incarcerated at the 9
facility, whether the facility has sufficient space available for 10
juveniles and any other factor the court deems appropriate. Upon 11
application at any time by the juvenile detention facility 12
administrator or any other interested party, the court may order that 13
the person be relocated to the county jail. The denial of an 14
application shall not preclude subsequent applications based on a 15
change in circumstances or information that was not previously 16
made available to the court. The determination of the place of 17
detention shall be made in a summary manner; 18
(2) In the case of a person 20 years of age or older, the person 19
shall be incarcerated in the county jail unless good cause is shown. 20
e. (1) The [Juvenile] Youth Justice Commission and the 21
Department of Children and Families shall promulgate such rules 22
and regulations from time to time as deemed necessary to establish 23
minimum physical facility and program standards for juvenile 24
detention facilities or shelters under their respective supervision. 25
(2) The [Juvenile] Youth Justice Commission and the 26
Department of Children and Families, in consultation with the 27
appropriate county administrator of the county facility or shelter, 28
shall assign a maximum population capacity for each juvenile 29
detention facility or shelter based on minimum standards for these 30
facilities. 31
f. (1) Where either the [Juvenile] Youth Justice Commission or 32
the Department of Children and Families determines that a juvenile 33
detention facility or shelter under its control or authority is 34
regularly over the maximum population capacity or is in willful and 35
continuous disregard of the minimum standards for these facilities 36
or shelters, the commission or department may restrict new 37
admissions to the facility or shelter. 38
(2) Upon making such determination, the commission or 39
department shall notify the governing body of the appropriate 40
county of its decision to impose such a restriction, which 41
notification shall include a written statement specifying the reasons 42
therefor and corrections to be made. If the commission or 43
department shall determine that no appropriate action has been 44
initiated by the administrator of the facility or shelter within 60 45
days following such notification to correct the violations specified 46
in the notification, it shall order that such juvenile detention facility 47
or shelter shall immediately cease to admit juveniles. The county 48
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shall be entitled to a hearing where such a restriction is imposed by 1
the commission or department. 2
(3) Any juvenile detention facility or shelter so restricted shall 3
continue under such order until such time as the commission or 4
department determines that the violation specified in the notice has 5
been corrected or that the facility or shelter has initiated actions 6
which will ensure the correction of said violations. 7
(4) Upon the issuance of an order to cease admissions to a 8
juvenile detention facility or shelter, the commission or department 9
shall determine whether other juvenile detention facilities or 10
shelters have adequate room for admitting juveniles and shall assign 11
the juveniles to the facilities or shelters on the basis of available 12
space; provided that the department shall not assign the juvenile to 13
a facility or shelter where such facility or shelter is at the maximum 14
population. A juvenile detention facility or shelter ordered to 15
accept a juvenile shall do so within five days following the receipt 16
of an order to accept admission of such juvenile. 17
(5) A juvenile detention facility or shelter restricted by an order 18
to cease admissions shall assume responsibility for the 19
transportation of a juvenile sent to another juvenile detention 20
facility or shelter so long as the order shall remain in effect. 21
(6) A facility or shelter receiving juveniles pursuant to 22
paragraph (4) of this subsection shall receive from the sending 23
county a reasonable and appropriate per diem allowance for each 24
juvenile sent to the facility, such allowance to be used for the 25
custody, care, maintenance, and any other services normally 26
provided by the county to juveniles in the facility or shelter and 27
which reflects all county expenditures in maintaining such juvenile, 28
including a proportionate share of all buildings and grounds costs, 29
personnel costs, including fringe benefits, administrative costs and 30
all other direct and indirect costs. 31
(7) The governing body of a county whose juvenile detention 32
facility or shelter has been prohibited from accepting new 33
admissions, and whose juveniles have been assigned to other 34
juvenile detention facilities or shelters, shall appropriate an amount 35
to pay the county receiving such juveniles for all expenses incurred 36
pursuant to paragraph (6) of this subsection. 37
(cf: P.L.2006, c.47, s.16) 38
39
5. Section 23 of P.L.1982, c.77 (C.2A:4A-42) is amended to 40
read as follows: 41
23. Predispositional evaluation. a. Before making a disposition, 42
the court may refer the juvenile to an appropriate individual, agency 43
or institution for examination and evaluation. 44
b. In arriving at a disposition, the court may also consult with 45
such individuals and agencies as may be appropriate to the 46
juvenile's situation, including the county probation division, the 47
Department of Children and Families, the [Juvenile] Youth Justice 48
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Commission established pursuant to section 2 of P.L.1995, c.284 1
(C.52:17B-170), the county youth services commission, school 2
personnel, clergy, law enforcement authorities, family members and 3
other interested and knowledgeable parties. In so doing, the court 4
may convene a predispositional conference to discuss and 5
recommend disposition. 6
c. (1) The predisposition report ordered pursuant to the Rules of 7
Court may include a statement by the victim of the offense for 8
which the juvenile has been adjudicated delinquent or by the nearest 9
relative of a homicide victim. The statement may include the nature 10
and extent of any physical harm or psychological or emotional harm 11
or trauma suffered by the victim, the extent of any loss to include 12
loss of earnings or ability to work suffered by the victim and the 13
effect of the crime upon the victim's family. The probation division 14
shall notify the victim or nearest relative of a homicide victim of his 15
right to make a statement for inclusion in the predisposition report 16
if the victim or relative so desires. Any statement shall be made 17
within 20 days of notification by the probation division. The report 18
shall further include information on the financial resources of the 19
juvenile. This information shall be made available on request to the 20
Victims of Crime Compensation [Board] Office established 21
pursuant to section 3 of P.L.1971, c.317 (C.52:4B-3) or to any 22
officer authorized under section 3 of P.L.1979, c.396 (C.2C:46-4) to 23
collect payment of an assessment, restitution or fine. 24
(2) Any predisposition report prepared pursuant to this section 25
shall include: 26
(a) an analysis of the circumstances attending the commission of 27
the act; 28
(b) the impact of the offense on the community; 29
(c) the offender's history of delinquency or criminality; 30
(d) the offender's family situation; 31
(e) the offender's financial resources; 32
(f) the financial resources of the juvenile's parent or guardian; 33
(g) the information concerning the parent or guardian's exercise 34
of supervision and control relevant to commission of the act; and 35
(h) in any case where the juvenile is charged with an act which 36
if committed by an adult would constitute prostitution in violation 37
of N.J.S.2C:34-1 or any offense which the juvenile alleges is related 38
to the juvenile being a victim of human trafficking, the 39
predisposition report may include any information relevant to the 40
commission of the act. 41
Information concerning financial resources included in the report 42
shall be made available to any officer authorized to collect payment 43
on any assessment, restitution or fine. 44
(cf: P.L.2011, c.195, s.3) 45
46
6. Section 24 of P.L.1982, c.77 (C.2A:4A-43) is amended to 47
read as follows: 48
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24. Disposition of delinquency cases. a. In determining the 1
appropriate disposition for a juvenile adjudicated delinquent the 2
court shall weigh the following factors: 3
(1) The nature and circumstances of the offense; 4
(2) The degree of injury to persons or damage to property 5
caused by the juvenile's offense; 6
(3) The juvenile's age, previous record, prior social service 7
received, and out-of-home placement history; 8
(4) Whether the disposition supports family strength, 9
responsibility, and unity and the well-being and physical safety of 10
the juvenile; 11
(5) Whether the disposition provides for reasonable 12
participation by the child's parent, guardian, or custodian, provided, 13
however, that the failure of a parent or parents to cooperate in the 14
disposition shall not be weighed against the juvenile in arriving at 15
an appropriate disposition; 16
(6) Whether the disposition recognizes and treats the unique 17
physical, psychological, and social characteristics and needs of the 18
child; 19
(7) Whether the disposition contributes to the developmental 20
needs of the child, including the academic and social needs of the 21
child where the child has intellectual disabilities or learning 22
disabilities; 23
(8) Any other circumstances related to the offense and the 24
juvenile's social history as deemed appropriate by the court; 25
(9) The impact of the offense on the victim or victims; 26
(10) The impact of the offense on the community; and 27
(11) The threat to the safety of the public or any individual 28
posed by the child. 29
b. If a juvenile is adjudged delinquent, and except to the extent 30
that an additional specific disposition is required pursuant to this 31
section, the court, in accordance with subsection i. of section 2 of 32
P.L.1982, c.77 (C.2A:4A-21), may order incarceration pursuant to 33
section 25 of P.L.1982, c.77 (C.2A:4A-44) or the court may order 34
any one or more of the following dispositions: 35
(1) Adjourn formal entry of disposition of the case for a period 36
not to exceed 12 months for the purpose of determining whether the 37
juvenile makes a satisfactory adjustment, and if during the period of 38
continuance the juvenile makes such an adjustment, dismiss the 39
complaint; 40
(2) Release the juvenile to the supervision of the juvenile's 41
parent or guardian; 42
(3) Place the juvenile on probation to the chief probation officer 43
of the county or to any other suitable person who agrees to accept 44
the duty of probation supervision for a period not to exceed three 45
years upon such written conditions as the court deems will aid 46
rehabilitation of the juvenile; 47
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(4) Transfer custody of the juvenile to any relative or other 1
person determined by the court to be qualified to care for the 2
juvenile; 3
(5) Place the juvenile under the care and responsibility of the 4
Department of Children and Families so that the commissioner may 5
designate a division or organizational unit in the department 6
pursuant to P.L.1951, c.138 (C.30:4C-1 et seq.) for the purpose of 7
providing services in or out of the home. Within 14 days, unless for 8
good cause shown, but not later than 30 days, the Department of 9
Children and Families shall submit to the court a service plan, 10
which shall be presumed valid, detailing the specifics of any 11
disposition order. The plan shall be developed within the limits of 12
fiscal and other resources available to the department. If the court 13
determines that the service plan is inappropriate, given existing 14
resources, the department may request a hearing on that 15
determination; 16
(6) Place the juvenile under the care and custody of the 17
Commissioner of Children and Families for the purpose of 18
receiving the services of the Division of Children's System of Care 19
of that department, provided that the juvenile has been determined 20
to be eligible for those services under P.L.1965, c.59, s.16 21
(C.30:4-25.4); 22
(7) Commit the juvenile, pursuant to applicable laws and the 23
Rules of Court governing civil commitment, to the Department of 24
Children and Families under the responsibility of the Division of 25
Children's System of Care for the purpose of placement in a suitable 26
public or private hospital or other residential facility for the 27
treatment of persons who are mentally ill, on the ground that the 28
juvenile is in need of involuntary commitment; 29
(8) (Deleted by amendment, P.L.2019, c.363) 30
(9) Order the juvenile to make restitution to a person or entity 31
who has suffered loss resulting from personal injuries or damage to 32
property as a result of the offense for which the juvenile has been 33
adjudicated delinquent. The court may determine the reasonable 34
amount, terms, and conditions of restitution. If the juvenile 35
participated in the offense with other persons, the participants shall 36
be jointly and severally responsible for the payment of restitution. 37
The court shall not require a juvenile to make full or partial 38
restitution if the juvenile reasonably satisfies the court that the 39
juvenile does not have the means to make restitution and could not 40
reasonably acquire the means to pay restitution; 41
(10) Order that the juvenile perform community services under 42
the supervision of a probation division or other agency or individual 43
deemed appropriate by the court. Such services shall be 44
compulsory and reasonable in terms of nature and duration. Such 45
services may be performed without compensation, provided that any 46
money earned by the juvenile from the performance of community 47
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12
services may be applied towards any payment of restitution or fine 1
which the court has ordered the juvenile to pay; 2
(11) Order that the juvenile participate in work programs which 3
are designed to provide job skills and specific employment training 4
to enhance the employability of job participants. Such programs 5
may be without compensation, provided that any money earned by 6
the juvenile from participation in a work program may be applied 7
towards any payment of restitution or fine which the court has 8
ordered the juvenile to pay; 9
(12) Order that the juvenile participate in programs emphasizing 10
self-reliance, such as intensive outdoor programs teaching survival 11
skills, including but not limited to camping, hiking, and other 12
appropriate activities; 13
(13) Order that the juvenile participate in a program of academic 14
or vocational education or counseling, such as a youth service 15
bureau, requiring attendance at sessions designed to afford access to 16
opportunities for normal growth and development. This may 17
require attendance after school, evenings, and weekends; 18
(14) Place the juvenile in a suitable residential or nonresidential 19
program for the treatment of alcohol or narcotic abuse, provided 20
that the juvenile has been determined to be in need of such services; 21
(15) Order the parent or guardian of the juvenile to participate in 22
appropriate programs or services when the court has found either 23
that such person's omission or conduct was a significant 24
contributing factor towards the commission of the delinquent act, 25
or, under its authority to enforce litigant's rights, that such person's 26
omission or conduct has been a significant contributing factor 27
towards the ineffective implementation of a court order previously 28
entered in relation to the juvenile; 29
(16) (a) Place the juvenile in a nonresidential program operated 30
by a public or private agency, providing intensive services to 31
juveniles for specified hours, which may include education, 32
counseling to the juvenile and the juvenile's family if appropriate, 33
vocational training, employment counseling, work, or other 34
services; 35
(b) Place the juvenile under the custody of the [Juvenile] Youth 36
Justice Commission established pursuant to section 2 of P.L.1995, 37
c.284 (C.52:17B-170) for placement with any private group home 38
or private residential facility with which the commission has 39
entered into a purchase of service contract; 40
(17) Instead of or in addition to any disposition made according 41
to this section, the court may postpone, suspend, or revoke for a 42
period not to exceed two years the driver's license, registration 43
certificate, or both of any juvenile who used a motor vehicle in the 44
course of committing an act for which the juvenile was adjudicated 45
delinquent. In imposing this disposition and in deciding the duration 46
of the postponement, suspension, or revocation, the court shall 47
consider the circumstances of the act for which the juvenile was 48
S2423 POU, MCKNIGHT
13
adjudicated delinquent and the potential effect of the loss of driving 1
privileges on the juvenile's ability to be rehabilitated. Any 2
postponement, suspension, or revocation shall be imposed 3
consecutively with any custodial commitment; 4
(18) Order that the juvenile satisfy any other conditions 5
reasonably related to the rehabilitation of the juvenile; 6
(19) Order a parent or guardian who has failed or neglected to 7
exercise reasonable supervision or control of a juvenile who has 8
been adjudicated delinquent to make restitution to any person or 9
entity who has suffered a loss as a result of that offense. The court 10
may determine the reasonable amount, terms, and conditions of 11
restitution; or 12
(20) Place the juvenile, if eligible, in an appropriate juvenile 13
offender program established pursuant to P.L.1997, c.81 (C.30:8-61 14
et al.). 15
c. (1) If the county in which the juvenile has been adjudicated 16
delinquent has a juvenile detention facility meeting the physical and 17
program standards established pursuant to this subsection by the 18
[Juvenile] Youth Justice Commission, the court may, in addition to 19
any of the dispositions not involving placement out of the home 20
enumerated in this section, incarcerate the juvenile in the youth 21
detention facility in that county for a term not to exceed 60 22
consecutive days. The decision by the court to incarcerate a 23
juvenile shall be made in accordance with subsection i. of section 2 24
of P.L.1982, c.77 (C.2A:4A-21). Counties which do not operate 25
their own juvenile detention facilities may contract for the use of 26
approved commitment programs with counties with which they 27
have established agreements for the use of pre-disposition juvenile 28
detention facilities. The [Juvenile] Youth Justice Commission 29
shall promulgate such rules and regulations from time to time as 30
deemed necessary to establish minimum physical facility and 31
program standards for the use of juvenile detention facilities 32
pursuant to this subsection. 33
(2) A juvenile shall not be incarcerated in any county detention 34
facility unless the county has entered into an agreement with the 35
[Juvenile] Youth Justice Commission concerning the use of the 36
facility for sentenced juveniles. Upon agreement with the county, 37
the [Juvenile] Youth Justice Commission shall certify detention 38
facilities which may receive juveniles sentenced pursuant to this 39
subsection and shall specify the capacity of the facility that may be 40
made available to receive such juveniles; provided, however, that in 41
no event shall the number of juveniles incarcerated pursuant to this 42
subsection exceed [50%] 50 percent of the maximum capacity of 43
the facility. 44
(3) The court may fix a term of incarceration under this 45
subsection that is in accordance with subsection i. of section 2 of 46
P.L.1982, c.77 (C.2A:4A-21) and: 47
S2423 POU, MCKNIGHT
14
(a) The act for which the juvenile was adjudicated delinquent, if 1
committed by an adult, would have constituted a crime or repetitive 2
disorderly persons offense; 3
(b) Incarceration of the juvenile is consistent with the goals of 4
public safety, accountability, and rehabilitation and the court is 5
clearly convinced that the aggravating factors substantially 6
outweigh the mitigating factors as set forth in section 25 of 7
P.L.1982, c.77 (C.2A:4A-44); and 8
(c) The detention facility has been certified for admission of 9
adjudicated juveniles pursuant to paragraph (2). 10
(4) If as a result of incarceration of adjudicated juveniles 11
pursuant to this subsection, a county is required to transport a 12
predisposition juvenile to a juvenile detention facility in another 13
county, the costs of such transportation shall be borne by the 14
[Juvenile] Youth Justice Commission. 15
d. Whenever the court imposes a disposition upon an 16
adjudicated delinquent which requires the juvenile to perform a 17
community service, restitution, or to participate in any other 18
program provided for in this section other than subsection c., the 19
duration of the juvenile's mandatory participation in such 20
alternative programs shall extend for a period consistent with the 21
program goal for the juvenile and shall in no event exceed one year 22
beyond the maximum duration permissible for the delinquent if the 23
juvenile had been committed to a term of incarceration. 24
e. In addition to any disposition the court may impose pursuant 25
to this section or section 25 of P.L.1982, c.77 (C.2A:4A-44), the 26
following orders shall be included in dispositions of the 27
adjudications set forth below: 28
(1) An order to perform community service pursuant to 29
paragraph (10) of subsection b. of this section for a period of at 30
least 60 days, if the juvenile has been adjudicated delinquent for an 31
act which, if committed by an adult, would constitute the crime of 32
theft of a motor vehicle, or the crime of unlawful taking of a motor 33
vehicle in violation of subsection c. of N.J.S.2C:20-10, or the third 34
degree crime of eluding in violation of subsection b. of 35
N.J.S.2C:29-2; and 36
(2) (Deleted by amendment, P.L.2019, c.363) 37
(3) An order to perform community service pursuant to 38
paragraph (10) of subsection b. of this section for a period of at 39
least 30 days, if the juvenile has been adjudicated delinquent for an 40
act which, if committed by an adult, would constitute the fourth 41
degree crime of unlawful taking of a motor vehicle in violation of 42
subsection b. of N.J.S.2C:20-10. 43
(4) (Deleted by amendment, P.L.2019, c.363) 44
f. (1) (Deleted by amendment, P.L.2019, c.363) 45
(2) (Deleted by amendment, P.L.2019, c.363) 46
(3) (Deleted by amendment, P.L.2019, c.363) 47
S2423 POU, MCKNIGHT
15
g. Whenever the court imposes a disposition upon an 1
adjudicated delinquent which requires the juvenile to perform a 2
community service, restitution, or to participate in any other 3
program provided for in this section, the order shall include 4
provisions which provide balanced attention to the protection of the 5
community, accountability for offenses committed, fostering 6
interaction and dialogue between the offender, victim, and 7
community and the development of competencies to enable the 8
child to become a responsible and productive member of the 9
community. 10
(cf: P.L.2021, c.342, s.1) 11
12
7. Section 8 of P.L.1996, c.115 (C.2A:4A-43.4) is amended to 13
read as follows: 14
8. a. In addition to any other disposition made pursuant to law, 15
a court shall order a juvenile charged with delinquency or 16
adjudicated delinquent for an act which, if committed by an adult 17
would constitute a crime, a disorderly persons offense or a petty 18
disorderly persons offense, to submit to an approved serological test 19
for acquired immune deficiency syndrome (AIDS) or infection with 20
the human immunodeficiency virus (HIV) or any other related virus 21
identified as a probable causative agent of AIDS if: 22
(1) in the course of the commission of the act, including the 23
immediate flight thereafter or during any investigation or arrest 24
related to that act, a law enforcement officer, the victim or other 25
person suffered a prick from a hypodermic needle, provided there is 26
probable cause to believe that the juvenile is an intravenous user of 27
controlled dangerous substances; or 28
(2) in the course of the commission of the act, including the 29
immediate flight thereafter or during any investigation or arrest 30
related to that act, a law enforcement officer, the victim or other 31
person had contact with the juvenile which involved or was likely to 32
involve the transmission of bodily fluids. 33
The court may order a juvenile to submit to an approved 34
serological test for AIDS or infection with the HIV or any other 35
related virus identified as a probable causative agent of AIDS if in 36
the course of the performance of any other law enforcement duties, 37
a law enforcement officer suffers a prick from a hypodermic needle, 38
provided that there is probable cause to believe that the defendant is 39
an intravenous user of controlled dangerous substances, or had 40
contact with the defendant which involved or was likely to involve 41
the transmission of bodily fluids. The court shall issue such an 42
order only upon the request of the law enforcement officer, victim 43
of the offense or other affected person made at the time of 44
indictment, charge or conviction. If a county prosecutor declines to 45
make such an application within 72 hours of being requested to do 46
so by the law enforcement officer, the law enforcement officer may 47
appeal to the Division of Criminal Justice in the Department of Law 48
S2423 POU, MCKNIGHT
16
and Public Safety for that officer to bring the application. The 1
juvenile shall be ordered by the court to submit to such repeat or 2
confirmatory tests as may be medically necessary. 3
b. A court order issued pursuant to subsection a. of this section 4
shall require testing to be performed as soon as practicable by the 5
Executive Director of the [Juvenile] Youth Justice Commission 6
pursuant to authority granted to the executive director by sections 6 7
and 10 of P.L.1976, c.98 (C.30:1B-6 and 30:1B-10) or by a provider 8
of health care or at a health care facility licensed pursuant to section 9
12 of P.L.1971, c.136 (C.26:2H-12). The order shall also require 10
that the results of the test be reported to the offender, the 11
appropriate Office of Victim-Witness Advocacy if a victim of an 12
offense is tested, and the affected law enforcement officer. Upon 13
receipt of the result of a test ordered pursuant to subsection a. of 14
this section, the Office of Victim-Witness Advocacy shall provide 15
the victim with appropriate counseling, referral for counseling and 16
if appropriate, referral for health care. The office shall notify the 17
victim or make appropriate arrangements for the victim to be 18
notified of the test result. 19
c. (Deleted by amendment, P.L.2021, c.342) 20
d. The result of a test ordered pursuant to subsection a. of this 21
section shall be confidential and health care providers and 22
employees of the [Juvenile] Youth Justice Commission, the Office 23
of Victim-Witness Advocacy, a health care facility or counseling 24
service shall not disclose the result of a test performed pursuant to 25
this section except as authorized herein or as otherwise authorized 26
by law or court order. The provisions of this section shall not be 27
deemed to prohibit disclosure of a test result to the person tested. 28
e. Persons who perform tests ordered pursuant to subsection a. 29
of this section in accordance with accepted medical standards for 30
the performance of such tests shall be immune from civil and 31
criminal liability arising from their conduct. 32
f. This section shall not be construed to preclude or limit any 33
other testing for AIDS or infection with the HIV or any other 34
related virus identified as a probable causative agent of AIDS which 35
is otherwise permitted by statute, court rule or common law. 36
(cf: P.L.2021, c.342, s.2) 37
38
8. Section 25 of P.L.1982, c.77 (C.2A:4A-44) is amended to read 39
as follows: 40
25. Incarceration--Aggravating and mitigating factors 41
a. (1) In determining whether incarceration is an appropriate 42
disposition and in addition to the considerations set forth in subsection 43
i. of section 2 of P.L.1982, c.77 (C.2A:4A-21), the court shall consider 44
the following aggravating circumstances: 45
(a) The fact that the nature and circumstances of the act, and the 46
role of the juvenile therein, was committed in an especially heinous, 47
cruel, or depraved manner; 48
S2423 POU, MCKNIGHT
17
(b) The fact that there was grave and serious harm inflicted on the 1
victim and that based upon the juvenile's age or mental capacity the 2
juvenile knew or reasonably should have known that the victim was 3
particularly vulnerable or incapable of resistance due to advanced age, 4
disability, ill-health, or extreme youth, or was for any other reason 5
substantially incapable; 6
(c) The character and attitude of the juvenile indicate that the 7
juvenile is likely to commit another delinquent or criminal act; 8
(d) The juvenile's prior record and the seriousness of any acts for 9
which the juvenile has been adjudicated delinquent; 10
(e) The fact that the juvenile committed the act pursuant to an 11
agreement that the juvenile either pay or be paid for the commission of 12
the act and that the pecuniary incentive was beyond that inherent in the 13
act itself; 14
(f) The fact that the juvenile committed the act against a 15
policeman or other law enforcement officer, correctional employee or 16
fireman, acting in the performance of his duties while in uniform or 17
exhibiting evidence of his authority, or the juvenile committed the act 18
because of the status of the victim as a public servant; 19
(g) The need for deterring the juvenile and others from violating 20
the law; 21
(h) The fact that the juvenile knowingly conspired with others as 22
an organizer, supervisor, or manager to commit continuing criminal 23
activity in concert with two or more persons and the circumstances of 24
the crime show that he has knowingly devoted himself to criminal 25
activity as part of an ongoing business activity; 26
(i) The fact that the juvenile on two separate occasions was 27
adjudged a delinquent on the basis of acts which if committed by an 28
adult would constitute crimes; 29
(j) The impact of the offense on the victim or victims; 30
(k) The impact of the offense on the community; and 31
(l) The threat to the safety of the public or any individual posed by 32
the child. 33
(2) In determining whether incarceration is an appropriate 34
disposition the court shall consider the following mitigating 35
circumstances: 36
(a) The child is under the age of 14; 37
(b) The juvenile's conduct neither caused nor threatened serious 38
harm; 39
(c) The juvenile did not contemplate that the juvenile's conduct 40
would cause or threaten serious harm; 41
(d) The juvenile acted under a strong provocation; 42
(e) There were substantial grounds tending to excuse or justify the 43
juvenile's conduct, though failing to establish a defense; 44
(f) The victim of the juvenile's conduct induced or facilitated its 45
commission; 46
S2423 POU, MCKNIGHT
18
(g) The juvenile has compensated or will compensate the victim 1
for the damage or injury that the victim has sustained, or will 2
participate in a program of community service; 3
(h) The juvenile has no history of prior delinquency or criminal 4
activity or has led a law-abiding life for a substantial period of time 5
before the commission of the present act; 6
(i) The juvenile's conduct was the result of circumstances unlikely 7
to recur; 8
(j) The character and attitude of the juvenile indicate that the 9
juvenile is unlikely to commit another delinquent or criminal act; 10
(k) The juvenile is particularly likely to respond affirmatively to 11
noncustodial treatment; 12
(l) The separation of the juvenile from the juvenile's family by 13
incarceration of the juvenile would entail excessive hardship to the 14
juvenile or the juvenile's family; 15
(m) The willingness of the juvenile to cooperate with law 16
enforcement authorities; 17
(n) The conduct of the juvenile was substantially influenced by 18
another person more mature than the juvenile. 19
b. (1) There shall be a presumption of nonincarceration for any 20
crime or offense of the fourth degree or less committed by a juvenile 21
who has not previously been adjudicated delinquent or convicted of a 22
crime or offense. 23
(2) Where incarceration is imposed, the court and a panel 24
comprised of at least two members of the [Juvenile] Youth Justice 25
Commission designated by the executive director and a member of the 26
State Parole Board designated by the chairman shall consider the 27
juvenile's eligibility for release pursuant to the provisions of 28
subsection d. of this section. 29
c. The following juveniles shall not be committed to a State 30
juvenile facility: 31
(1) Juveniles age 11 or under unless adjudicated delinquent for the 32
crime of arson or a crime which, if committed by an adult, would be a 33
crime of the first or second degree; and 34
(2) Juveniles who are developmentally disabled as defined in 35
paragraph (1) of subsection a. of section 3 of P.L.1977, c.82 (C.30:6D-36
3). 37
d. (1) When the court determines that, based on the consideration 38
of all the factors set forth in subsection a., the juvenile shall be 39
incarcerated, unless it orders the incarceration pursuant to subsection 40
c. of section 24 of P.L.1982, c.77 (C.2A:4A-43), it shall state on the 41
record the reasons for imposing incarceration, including any findings 42
with regard to these factors, and commit the juvenile to the custody of 43
the [Juvenile] Youth Justice Commission which shall provide for the 44
juvenile's placement in a suitable juvenile facility pursuant to the 45
conditions set forth in this subsection and for terms not to exceed the 46
maximum terms as provided herein for what would constitute the 47
following crimes if committed by an adult: 48
S2423 POU, MCKNIGHT
19
(a) Murder under 2C:11-3a(1) or (2) 20 years 1
(b) Murder under 2C:11-3a(3) 10 years 2
(c) Crime of the first degree, except murder 4 years 3
(d) Crime of the second degree 3 years 4
(e) Crime of the third degree 2 years 5
(f) Crime of the fourth degree 1 year 6
(g) Disorderly persons offense 6 months 7
(2) The period of confinement shall continue until the panel 8
established pursuant to subsection b. of this section determines that the 9
person is eligible for early release on parole or until expiration of the 10
term of confinement, whichever shall occur first; except that in no case 11
shall the period of confinement and parole exceed the maximum 12
provided by law for the offense. A juvenile shall be granted early 13
release on parole when it appears that the juvenile has made 14
substantial progress toward positive behavioral adjustment and 15
rehabilitative goals articulated by the panel established pursuant to 16
subsection b. of this section to the juvenile. However, if a juvenile is 17
approved for parole by the panel established pursuant to subsection b. 18
of this section prior to serving one-third of any term imposed for any 19
crime of the first, second, or third degree, including any extended term 20
imposed pursuant to paragraph (3) or (4) of this subsection, or one-21
fourth of any term imposed for any other crime the granting of parole 22
shall be subject to approval of the sentencing court. Prior to approving 23
parole, the court shall give the prosecuting attorney notice and an 24
opportunity to be heard. If the court denies the parole of a juvenile 25
pursuant to this paragraph it shall state its reasons in writing and notify 26
the panel established pursuant to subsection b. of this section, the 27
juvenile, and the juvenile's attorney. The court shall have 30 days from 28
the date of notice of the pending parole to exercise the power granted 29
under this paragraph. If the court does not respond within that time 30
period, the parole will be deemed approved. 31
The panel established pursuant to subsection b. of this section shall 32
determine at the time of release the conditions of parole, which shall 33
be appropriately tailored to the needs of each juvenile. Any conditions 34
imposed at the time of release or modified thereafter as a graduated 35
intervention in lieu of initiating parole revocation proceedings shall 36
constitute the least restrictive alternatives necessary to promote the 37
successful return of the juvenile to the community. The juvenile shall 38
not be required to enter or complete a residential community release 39
program, residential treatment program, or other out-of-home 40
placement as a condition of parole unless it is determined that the 41
condition is necessary to protect the safety of the juvenile. 42
Any juvenile committed under P.L.1982, c.77 (C.2A:4A-20 et 43
seq.) who is released on parole prior to the expiration of the juvenile's 44
maximum term may be retained under parole supervision for a period 45
not exceeding the unserved portion of the term. The panel established 46
pursuant to subsection b. of this section, the juvenile, the juvenile's 47
attorney, the juvenile's parent or guardian or, with leave of the court 48
S2423 POU, MCKNIGHT
20
any other interested party, may make a motion to the court, with notice 1
to the prosecuting attorney, for the return of the juvenile from a 2
juvenile facility prior to the juvenile's parole and provide for an 3
alternative disposition which would not exceed the duration of the 4
original time to be served in the facility. 5
(3) Upon application by the prosecutor, the court may sentence a 6
juvenile who has been convicted of a crime of the first, second, or 7
third degree if committed by an adult, to an extended term of 8
incarceration beyond the maximum set forth in paragraph (1) of this 9
subsection, if it finds that the juvenile was previously adjudged 10
delinquent on at least two separate occasions, for offenses which, if 11
committed by an adult, would constitute a crime of the first or second 12
degree. The extended term shall not exceed five additional years for an 13
act which would constitute murder and shall not exceed three 14
additional years for all other crimes of the first degree and shall not 15
exceed two additional years for a crime of the second degree, if 16
committed by an adult, and one additional year for a crime of the third 17
degree, if committed by an adult. 18
(4) Upon application by the prosecutor, when a juvenile is before 19
the court at one time for disposition of three or more unrelated 20
offenses which, if committed by an adult, would constitute crimes of 21
the first, second or third degree and which are not part of the same 22
transaction, the court may sentence the juvenile to an extended term of 23
incarceration not to exceed the maximum of the permissible term for 24
the most serious offense for which the juvenile has been adjudicated 25
plus two additional years. 26
(5) The panel established pursuant to subsection b. of this section 27
may impose a term of post-incarceration supervision following the 28
juvenile's release from custody only if it is deemed necessary to 29
effectuate the juvenile's rehabilitation and reintegration into society. 30
Post-incarceration supervision shall not exceed six months, except the 31
term may be extended for an additional six months if the panel 32
established pursuant to subsection b. of this section deems 33
continuation of the post-incarceration supervision necessary to 34
effectuate the juvenile's rehabilitation and reintegration into society. 35
Post-incarceration supervision shall not exceed one year. Post-36
incarceration supervision shall not be imposed on any juvenile who 37
has completed a period of parole supervision of six months or more. 38
The term of post-incarceration supervision shall commence on the date 39
of the expiration of the juvenile's maximum sentence. During the term 40
of post-incarceration supervision the juvenile shall remain in the 41
community and in the legal custody of the commission. The juvenile 42
shall not be required to enter or complete a residential community 43
release program, residential treatment program, or other out-of-home 44
placement as a condition of post-incarceration supervision. A term of 45
post-incarceration supervision imposed pursuant to this paragraph may 46
be terminated by the panel established pursuant to subsection b. of this 47
section or court if the juvenile has made a satisfactory adjustment in 48
S2423 POU, MCKNIGHT
21
the community while under supervision and if continued supervision is 1
not required. 2
(6) The commission shall review the case of each juvenile 3
sentenced to a term of commitment with the commission at least every 4
three months and submit a status report to the court, the prosecutor, 5
and the counsel for the juvenile. The commission's review and status 6
report shall include, but not be limited to: 7
(a) information on the treatment, care, and custody of the juvenile; 8
(b) whether the juvenile is receiving the mental health, substance 9
use disorder, educational, and other rehabilitative services necessary to 10
promote the juvenile's successful reintegration into the community; 11
(c) any incidents of violence involving the juvenile; and 12
(d) the juvenile's eligibility for parole. 13
Counsel for the juvenile shall have the opportunity to respond to 14
the report required pursuant to this paragraph. 15
The commission shall continue to submit quarterly reports to the 16
court until the juvenile is paroled or released at the expiration of the 17
term of incarceration and shall resume the quarterly reviews if the 18
juvenile is returned to the custody of the commission. The court may 19
conduct a hearing at any time to determine whether commitment with 20
the commission continues to be appropriate pursuant to section 24 of 21
P.L.1982, c.77 (C.2A:4A-43) and section 25 of P.L.1982, c.77 22
(C.2A:4A-44), and may release the juvenile or otherwise modify the 23
dispositional order. Nothing in this paragraph shall abrogate the 24
court's retention of jurisdiction pursuant to section 26 of P.L.1982, 25
c.77 (C.2A:4A-45). 26
e. If the panel established pursuant to subsection b. of this section 27
determines there is probable cause to believe that the juvenile has 28
seriously or persistently violated the terms and conditions of parole, 29
the commission shall conduct a hearing to determine if the juvenile's 30
parole should be revoked. The juvenile shall be represented by 31
counsel at the hearing. The hearing shall be conducted by a hearing 32
officer who is licensed as an attorney-at-law in this State. The juvenile 33
shall not be incarcerated prior to the hearing unless the panel 34
established pursuant to subsection b. of this section determines by 35
objective and credible evidence that the juvenile poses an immediate 36
and substantial danger to public safety. If the juvenile is incarcerated 37
prior to the hearing, the hearing shall be held within 72 hours of the 38
juvenile's return to custody and a written decision made and 39
transmitted to the juvenile and the juvenile's counsel within 48 hours 40
of the hearing. Upon request of counsel for the juvenile, the hearing 41
officer shall adjourn the hearing for not more than 72 hours. 42
Subsequent adjournments may be granted upon request of the juvenile 43
and good cause shown. 44
The panel established pursuant to subsection b. of this section shall 45
not revoke the parole of a juvenile unless the hearing officer 46
determines, by clear and convincing evidence, that: 47
S2423 POU, MCKNIGHT
22
(1) the juvenile has seriously or persistently violated the conditions 1
of parole; 2
(2) the juvenile poses a substantial danger to public safety and no 3
form of community-based supervision would alleviate that danger; and 4
(3) revocation is consistent with the provisions of section 2 of 5
P.L.1982, c.77 (C.2A:4A-21). 6
The procedures and standards set forth in sections 15 through 21 of 7
P.L.1979, c.441 (C.30:4-123.59 through C.30:4-123.65) shall apply to 8
juvenile parole revocation hearings, unless the procedures and 9
standards conflict with those set forth in this subsection. 10
Notwithstanding a determination that the juvenile violated a 11
condition of parole, the panel established pursuant to subsection b. of 12
this section may modify those conditions. 13
f. The panel established pursuant to subsection b. of this section 14
may relieve a juvenile of any parole conditions, and may permit a 15
parolee to reside outside the State pursuant to the provisions of the 16
Interstate Compact on Juveniles, P.L.1955, c.55 (C.9:23-1 to 9:23-4), 17
and after providing notice to the Attorney General, may consent to the 18
supervision of a parolee by the federal government pursuant to the 19
federal Witness Security Reform Act, Pub.L.98-473 (18 U.S.C. s.3521 20
et seq.). The panel established pursuant to subsection b. of this section 21
may revoke permission, except in the case of a juvenile under the 22
Witness Security Reform Act, or reinstate relieved parole conditions 23
for any period of time during which a juvenile is under its jurisdiction. 24
g. The commission shall promulgate rules and regulations 25
governing the commission's duties and responsibilities concerning 26
parole eligibility, supervision, and revocation. 27
h. The member of the State Parole Board who is designated by 28
the chairman to be on the panel established pursuant to subsection b. 29
of this section shall have experience in juvenile justice or have 30
successfully completed a juvenile justice training program to be 31
established by the chairman. The training program shall be comprised 32
of seven hours of instruction including, but not limited to: emerging 33
scientific knowledge concerning adolescent development, particularly 34
adolescent brain function and how adolescent development relates to 35
incarcerated youth, the influence of peer relationships among 36
adolescents and peer contagion effects, and the effects of juvenile 37
crime on victims. 38
i. Any decision concerning parole made by the panel established 39
pursuant to subsection b. of this section shall be unanimous. 40
(cf: P.L.2023, c.177, s.2) 41
42
9. Section 1 of P.L.1992, c.211 (C.2A:4A-44.1) is amended to 43
read as follows: 44
1. The [Juvenile] Youth Justice Commission established 45
pursuant to section 2 of P.L.1995, c.284 (C.52:17B-170) may enter 46
into an agreement with any county concerning the use of that 47
county's juvenile detention facility for the housing of juveniles the 48
S2423 POU, MCKNIGHT
23
court has placed under the custody of the commission for placement 1
in State correctional facilities only if the county's juvenile detention 2
facility is not over its maximum rated capacity. 3
Unless the contract otherwise provides or the commission so 4
directs in order to provide for the secure and orderly operation of 5
the facility, a juvenile placed in a county detention facility pursuant 6
to the provisions of this act shall not be segregated from the 7
juveniles otherwise placed in the county detention facility or 8
excluded from any program or activity offered in that facility. 9
Any contract entered into pursuant to this section shall ensure 10
that educational, vocational, mental health, health and rehabilitative 11
services are provided to the juveniles and that these services are, at 12
minimum, equivalent to those provided to adjudicated juveniles in 13
State-operated facilities. 14
(cf: P.L.1995, c.280, s.12) 15
16
10. Section 2 of P.L.2020, c.111 (C.2A:4A-44.2) is amended to 17
read as follows: 18
2. a. Except as provided in subsection b. of this section, the 19
award of public health emergency credits pursuant to section 1 of 20
P.L.2020, c.111 (C.30:4-123.100) shall apply to any juvenile 21
serving a sentence in a State correctional facility operated by the 22
[Juvenile] Youth Justice Commission who due to the expiration of 23
the juvenile's term of commitment is scheduled to be released from 24
custody within 365 days . 25
b. Public health emergency credits shall not be awarded to any 26
juvenile serving a sentence in a State correctional facility operated 27
by the [Juvenile] Youth Justice Commission for: 28
(1) murder pursuant to N.J.S.2C:11-3; 29
(2) aggravated sexual assault pursuant to subsection a. of 30
N.J.S.2C:14-2; or 31
(3) any offense enumerated in N.J.S.2C:47-1 and who is deemed 32
a repetitive, compulsive sex offender. 33
c. A juvenile who was serving a sentence in a State 34
correctional facility operated by the [Juvenile] Youth Justice 35
Commission during the Public Health Emergency and State of 36
Emergency declared by the Governor in Executive Order 103 of 37
2020 concerning the coronavirus disease 2019 pandemic shall 38
receive public health emergency credits in accordance with section 39
1 of P.L.2020, c.111 (C.30:4-123.100). 40
d. A juvenile scheduled to be released from the custody of the 41
[Juvenile] Youth Justice Commission following an award of public 42
health emergency credits pursuant to section 1 of P.L.2020, c.111 43
(C.30:4-123.100) shall be released on the scheduled release date 44
based on the award of public health emergency credits. 45
e. (1) Notwithstanding the provisions of subsection d. of this 46
section, a juvenile scheduled to be released from the custody of the 47
S2423 POU, MCKNIGHT
24
[Juvenile] Youth Justice Commission following an award of public 1
health emergency credits pursuant to section 1 of P.L.2020, c.111 2
(C.30:4-123.100) whose scheduled release date is less than 45 days 3
after the effective date of P.L.2020, c.111 (C.30:4-123.100 et al.) 4
shall be released within 45 days after the effective date, in order to 5
allow the [Juvenile] Youth Justice Commission to devise and 6
implement a release plan for the juvenile and arrange for services to 7
be provided to the juvenile upon release. 8
(2) A juvenile who is released from custody following an award 9
of public health emergency credits pursuant to this section shall be 10
prohibited from making contact with a victim as set forth in section 11
5 of P.L.2020, c.111 (C.30:4-123.103), which prohibition shall 12
remain in force until the time that the juvenile was scheduled to be 13
released prior to the award of public health emergency credits . 14
f. Prior to releasing a juvenile from the custody of the 15
[Juvenile] Youth Justice Commission following an award of public 16
health emergency credits pursuant to section 1 of P.L.2020, c.111 17
(C.30:4-123.100), the Executive Director of the [Juvenile] Youth 18
Justice Commission shall: 19
(1) notify the juvenile in writing of the prohibition against 20
making contact with any victim of the crime for which the juvenile 21
was serving a sentence pursuant to section 5 of P.L.2020, c.111 22
(C.30:4-123.103); 23
(2) notify the juvenile that a violation of the prohibition against 24
contact with the victim is a crime of the fourth degree; and 25
(3) require the juvenile to acknowledge in writing the receipt of 26
the notifications provided pursuant to this subsection . 27
(cf: P.L.2020, c.111, s.2) 28
29
11. Section 6 of P.L.2020, c.111 (C.2A:4A-44.3) is amended to 30
read as follows: 31
6. a. The Executive Director of the [Juvenile] Youth Justice 32
Commission shall immediately identify any juvenile who is 33
scheduled to be released from the custody of the [Juvenile] Youth 34
Justice Commission within 365 days as a result of the award of 35
public health emergency credits pursuant to section 1 of P.L.2020, 36
c.111 (C.30:4-123.100). 37
b. Notwithstanding any provisions of law to the contrary, the 38
Executive Director of the [Juvenile] Youth Justice Commission 39
shall provide notice to the prosecutor of the county in which the 40
juvenile was adjudicated delinquent or the Attorney General if the 41
matter was prosecuted by the Attorney General. The notice shall 42
include: 43
(1) the name of any juvenile who, due to the expiration of the 44
juvenile's term of commitment, is scheduled to be released from the 45
custody of the [Juvenile] Youth Justice Commission within 365 46
days as a result of the award of public health emergency credits; 47
S2423 POU, MCKNIGHT
25
(2) the date on which the juvenile is scheduled to be released 1
from custody based on the award of public health emergency 2
credits; and 3
(3) the date on which the juvenile was scheduled to be released 4
from custody prior to the award of public health emergency credits. 5
c. The Executive Director of the [Juvenile] Youth Justice 6
Commission shall make available to the public on the Internet 7
website of the [Juvenile] Youth Justice Commission, in both 8
English and Spanish, information concerning: 9
(1) the procedures for filing an application for a restraining 10
order pursuant to the "Prevention of Domestic Violence Act of 11
1991," P.L.1991, c.261 (C.2C:25-17 et seq.); 12
(2) resources for victims of domestic violence; and 13
(3) procedures for filing with the court a petition to dissolve the 14
prohibition established pursuant to section 5 of P.L.2020, c.111 15
(C.30:4-123.103) prohibiting a juvenile from making contact with 16
any victim of the crime for which the juvenile was serving a 17
sentence. 18
(cf: P.L.2020, c.111, s.6) 19
20
12. Section 7 of P.L.2020, c.111 (C.2A:4A-44.4) is amended to 21
read as follows: 22
7. Notwithstanding the provisions of any law to the contrary, 23
upon receipt of notice from the Executive Director of the 24
[Juvenile] Youth Justice Commission that a juvenile is scheduled 25
to be released from the custody of the [Juvenile] Youth Justice 26
Commission within 365 days based on the award of public health 27
emergency credits pursuant to section 1 of P.L.2020, c.111 (C.30:4-28
123.100), the prosecutor or Attorney General, prior to the juvenile's 29
scheduled release date, may: 30
a. use any reasonable means available to notify any identifiable 31
victim of the crime for which the juvenile is serving a sentence in a 32
State correctional facility operated by the [Juvenile] Youth Justice 33
Commission of the juvenile's scheduled release date; 34
b. notify the identifiable victim that the law prohibits the 35
juvenile from having any contact with the victim unless a petition is 36
filed with the court to dissolve the prohibition in accordance with 37
the procedures established by the court; 38
c. notify the victim of the duration of the prohibition against 39
the juvenile having contact with the victim; 40
d. notify the victim of the penalties imposed for the juvenile's 41
violation of the prohibition against contact; 42
e. provide information to the victim concerning how a petition 43
may be filed with the court to dissolve the prohibition against the 44
juvenile having contact with the victim; and 45
f. provide information to the victim concerning the procedures 46
for filing an application for a restraining order pursuant to the 47
S2423 POU, MCKNIGHT
26
"Prevention of Domestic Violence Act of 1991," P.L.1991, c.261 1
(C.2C:25-17 et seq.), and resources for victims of domestic 2
violence. 3
(cf: P.L.2020, c.111, s.7) 4
5
13. Section 1 of P.L.1982, c.79 (C.2A:4A-60) is amended to 6
read as follows: 7
1. Disclosure of juvenile information; penalties for disclosure. 8
a. Social, medical, psychological, legal and other records of the 9
court and probation division, and records of law enforcement 10
agencies, pertaining to juveniles charged as a delinquent or found to 11
be part of a juvenile-family crisis, shall be strictly safeguarded from 12
public inspection. Such records shall be made available only to: 13
(1) Any court or probation division; 14
(2) The Attorney General or county prosecutor; 15
(3) The parents or guardian and to the attorney of the juvenile; 16
(4) The Department of Human Services or Department of 17
Children and Families, if providing care or custody of the juvenile; 18
(5) Any institution or facility to which the juvenile is currently 19
committed or in which the juvenile is placed; 20
(6) Any person or agency interested in a case or in the work of 21
the agency keeping the records, by order of the court for good cause 22
shown, except that information concerning adjudications of 23
delinquency, records of custodial confinement, payments owed on 24
assessments imposed pursuant to section 2 of P.L.1979, c.396 25
(C.2C:43-3.1) or restitution ordered following conviction of a crime 26
or adjudication of delinquency, and the juvenile's financial 27
resources, shall be made available upon request to the Victims of 28
Crime Compensation Agency established pursuant to section 2 of 29
P.L.2007, c.95 (C.52:4B-3.2), which shall keep such information 30
and records confidential; 31
(7) The [Juvenile] Youth Justice Commission established 32
pursuant to section 2 of P.L.1995, c.284 (C.52:17B-170); 33
(8) Law enforcement agencies for the purpose of reviewing 34
applications for a permit to purchase a handgun or firearms 35
purchaser identification card; 36
(9) Any potential party in a subsequent civil action for damages 37
related to an act of delinquency committed by a juvenile, including 38
the victim or a member of the victim's immediate family, regardless 39
of whether the action has been filed against the juvenile; provided, 40
however, that records available under this paragraph shall be 41
limited to official court documents, such as complaints, pleadings 42
and orders, and that such records may be disclosed by the recipient 43
only in connection with asserting legal claims or obtaining 44
indemnification on behalf of the victim or the victim's family and 45
otherwise shall be safeguarded from disclosure to other members of 46
the public. Any potential party in a civil action related to the 47
juvenile offense may file a motion with the civil trial judge seeking 48
S2423 POU, MCKNIGHT
27
to have the juvenile's social, medical or psychological records 1
admitted into evidence in a civil proceeding for damages; 2
(10) Any potential party in a subsequent civil action for 3
damages related to an act of delinquency committed by a juvenile, 4
including the victim or a member of the victim's immediate family, 5
regardless of whether the action has been filed against the juvenile; 6
provided, however, that records available under this paragraph shall 7
be limited to police or investigation reports concerning acts of 8
delinquency, which shall be disclosed by a law enforcement agency 9
only with the approval of the County Prosecutor's Office or the 10
Division of Criminal Justice. Prior to disclosure, all personal 11
information regarding all individuals, other than the requesting 12
party and the arresting or investigating officer, shall be redacted. 13
Such records may be disclosed by the recipient only in connection 14
with asserting legal claims or obtaining indemnification on behalf 15
of the victim or the victim's family, and otherwise shall be 16
safeguarded from disclosure to other members of the public; 17
(11) The Office of the Child Advocate established pursuant to 18
P.L.2005, c.155 (C.52:27EE-1 et al.). Disclosure of juvenile 19
information received by the child advocate pursuant to this 20
paragraph shall be in accordance with the provisions of section 76 21
of P.L.2005, c.155 (C.52:27EE-76); 22
(12) Law enforcement agencies with respect to information 23
available on the juvenile central registry maintained by the courts 24
pursuant to subsection g. of this section, including, but not limited 25
to: records of official court documents, such as complaints, 26
pleadings and orders for the purpose of obtaining juvenile arrest 27
information; juvenile disposition information; juvenile pretrial 28
information; and information concerning the probation status of a 29
juvenile; and 30
(13) A Court Appointed Special Advocate as defined in section 31
1 of P.L.2009, c.217 (C.2A:4A-92). 32
b. Records of law enforcement agencies may be disclosed for 33
law enforcement purposes, or for the purpose of reviewing 34
applications for a permit to purchase a handgun or a firearms 35
purchaser identification card to any law enforcement agency of this 36
State, another state or the United States, and the identity of a 37
juvenile under warrant for arrest for commission of an act that 38
would constitute a crime if committed by an adult may be disclosed 39
to the public when necessary to execution of the warrant. 40
c. At the time of charge, adjudication or disposition, 41
information as to the identity of a juvenile charged with an offense, 42
the offense charged, the adjudication and disposition shall, upon 43
request, be disclosed to: 44
(1) The victim or a member of the victim's immediate family; 45
(2) (Deleted by amendment, P.L.2005, c.165). 46
(3) On a confidential basis, the principal of the school where the 47
juvenile is enrolled for use by the principal and such members of 48
S2423 POU, MCKNIGHT
28
the staff and faculty of the school as the principal deems 1
appropriate for maintaining order, safety or discipline in the school 2
or to planning programs relevant to the juvenile's educational and 3
social development, provided that no record of such information 4
shall be maintained except as authorized by regulation of the 5
Department of Education; or 6
(4) A party in a subsequent legal proceeding involving the 7
juvenile, upon approval by the court. 8
d. A law enforcement or prosecuting agency shall, at the time 9
of a charge, adjudication or disposition, send written notice to the 10
principal of the school where the juvenile is enrolled of the identity 11
of the juvenile charged, the offense charged, the adjudication and 12
the disposition if: 13
(1) The offense occurred on school property or a school bus, 14
occurred at a school-sponsored function or was committed against 15
an employee or official of the school; or 16
(2) The juvenile was taken into custody as a result of 17
information or evidence provided by school officials; or 18
(3) The offense, if committed by an adult, would constitute a 19
crime, and the offense: 20
(a) resulted in death or serious bodily injury or involved an 21
attempt or conspiracy to cause death or serious bodily injury; or 22
(b) involved the unlawful use or possession of a firearm or other 23
weapon; or 24
(c) involved the unlawful manufacture, distribution or 25
possession with intent to distribute a controlled dangerous 26
substance or controlled substance analog; or 27
(d) was committed by a juvenile who acted with a purpose to 28
intimidate an individual or group of individuals because of race, 29
color, religion, sexual orientation or ethnicity; or 30
(e) would be a crime of the first, second, or third degree. 31
Information provided to the principal pursuant to this subsection 32
shall be maintained by the school and shall be treated as 33
confidential but may be made available to such members of the staff 34
and faculty of the school as the principal deems appropriate for 35
maintaining order, safety or discipline in the school or for planning 36
programs relevant to a juvenile's educational and social 37
development. 38
e. Nothing in this section prohibits a law enforcement or 39
prosecuting agency from providing the principal of a school with 40
information identifying one or more juveniles who are under 41
investigation or have been taken into custody for commission of any 42
act that would constitute an offense if committed by an adult when 43
the law enforcement or prosecuting agency determines that the 44
information may be useful to the principal in maintaining order, 45
safety or discipline in the school or in planning programs relevant 46
to the juvenile's educational and social development. Information 47
provided to the principal pursuant to this subsection shall be treated 48
S2423 POU, MCKNIGHT
29
as confidential but may be made available to such members of the 1
staff and faculty of the school as the principal deems appropriate for 2
maintaining order, safety or discipline in the school or for planning 3
programs relevant to the juvenile's educational and social 4
development. No information provided pursuant to this section 5
shall be maintained. 6
f. Information as to the identity of a juvenile adjudicated 7
delinquent, the offense, the adjudication and the disposition shall be 8
disclosed to the public where the offense for which the juvenile has 9
been adjudicated delinquent if committed by an adult, would 10
constitute a crime of the first, second or third degree, or aggravated 11
assault, destruction or damage to property to an extent of more than 12
$500.00, unless upon application at the time of disposition the 13
juvenile demonstrates a substantial likelihood that specific and 14
extraordinary harm would result from such disclosure in the specific 15
case. Where the court finds that disclosure would be harmful to the 16
juvenile, the reasons therefor shall be stated on the record. 17
g. (1) Nothing in this section shall prohibit the establishment and 18
maintaining of a central registry of the records of law enforcement 19
agencies relating to juveniles for the purpose of exchange between 20
State and local law enforcement agencies and prosecutors of this 21
State, another state, or the United States. These records of law 22
enforcement agencies shall be available on a 24-hour basis. 23
(2) Certain information and records relating to juveniles in the 24
central registry maintained by the courts, as prescribed in paragraph 25
(12) of subsection a. of this section, shall be available to State and 26
local law enforcement agencies and prosecutors on a 24-hour basis. 27
h. Whoever, except as provided by law, knowingly discloses, 28
publishes, receives, or makes use of or knowingly permits the 29
unauthorized use of information concerning a particular juvenile 30
derived from records listed in subsection a. or acquired in the 31
course of court proceedings, probation, or police duties, shall, upon 32
conviction thereof, be guilty of a disorderly persons offense. 33
i. Juvenile delinquency proceedings. 34
(1) Except as provided in paragraph (2) of this subsection, the 35
court may, upon application by the juvenile or his parent or 36
guardian, the prosecutor or any other interested party, including the 37
victim or complainant or members of the news media, permit public 38
attendance during any court proceeding at a delinquency case, 39
where it determines that a substantial likelihood that specific harm 40
to the juvenile would not result. The court shall have the authority 41
to limit and control attendance in any manner and to the extent it 42
deems appropriate; 43
(2) The court or, in cases where the county prosecutor has 44
entered an appearance, the county prosecutor shall notify the victim 45
or a member of the victim's immediate family of any court 46
proceeding involving the juvenile and the court shall permit the 47
attendance of the victim or family member at the proceeding except 48
S2423 POU, MCKNIGHT
30
when, prior to completing testimony as a witness, the victim or 1
family member is properly sequestered in accordance with the law 2
or the Rules Governing the Courts of the State of New Jersey or 3
when the juvenile or the juvenile's family member shows, by clear 4
and convincing evidence, that such attendance would result in a 5
substantial likelihood that specific harm to the juvenile would result 6
from the attendance of the victim or a family member at a 7
proceeding or any portion of a proceeding and that such harm 8
substantially outweighs the interest of the victim or family member 9
to attend that portion of the proceeding; 10
(3) The court shall permit a victim, or a family member of a 11
victim to make a statement prior to ordering a disposition in any 12
delinquency proceeding involving an offense that would constitute a 13
crime if committed by an adult. 14
j. The Department of Education, in consultation with the 15
Attorney General, shall adopt, pursuant to the "Administrative 16
Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and 17
regulations concerning the creation, maintenance and disclosure of 18
pupil records including information acquired pursuant to this 19
section. 20
(cf: P.L.2009, c.217, s.2) 21
22
14. N.J.S.2C:4-11 is amended to read as follows: 23
2C:4-11. a. A person shall not be tried for or convicted of an 24
offense if: 25
(1) At the time of the conduct charged to constitute the offense 26
he was less than 14 years of age, in which case the family court 27
shall have exclusive jurisdiction unless pursuant to section 8 of the 28
"New Jersey Code of [Juvenile] Youth Justice" the juvenile has 29
demanded indictment and trial by jury; or 30
(2) At the time of the conduct charged to constitute the offense 31
he was 14, 15, 16 or 17 years of age, unless: 32
(a) The family court has no jurisdiction over him; 33
(b) The family court has, pursuant to section 7 of the "New 34
Jersey Code of [Juvenile] Youth Justice," entered an order waiving 35
jurisdiction and referring the case to the county prosecutor for the 36
institution of criminal proceedings against him; 37
(c) The juvenile has, pursuant to section 8 of the "New Jersey 38
Code of [Juvenile] Youth Justice," demanded indictment and trial 39
by jury. 40
b. No court shall have jurisdiction to try and convict a person of 41
an offense if criminal proceedings against him are barred by 42
subsection a. of this section. When it appears that a person charged 43
with the commission of an offense may be of such an age that 44
proceedings may be barred under subsection a. of this section, the 45
court shall hold a hearing thereon, and the burden shall be on such 46
person to establish to the satisfaction of the court that the 47
proceeding is barred upon such grounds. If the court determines 48
S2423 POU, MCKNIGHT
31
that the proceeding is barred, custody of the person charged shall be 1
surrendered to the family court and the case, including all papers 2
and processes relating thereto shall be transferred. 3
(cf: P.L.1982, c.77, s.32) 4
5
15. Section 2 of P.L.1994, c.133 (C.2C:7-2) is amended to read 6
as follows: 7
2. a. (1) A person who has been convicted, adjudicated 8
delinquent or found not guilty by reason of insanity for commission 9
of a sex offense as defined in subsection b. of this section shall 10
register as provided in subsections c. and d. of this section. 11
(2) A person who in another jurisdiction is required to register 12
as a sex offender and (a) is enrolled on a full-time or part-time basis 13
in any public or private educational institution in this State, 14
including any secondary school, trade or professional institution, 15
institution of higher education or other post-secondary school, or 16
(b) is employed or carries on a vocation in this State, on either a 17
full-time or a part-time basis, with or without compensation, for 18
more than 14 consecutive days or for an aggregate period exceeding 19
30 days in a calendar year, shall register in this State as provided in 20
subsections c. and d. of this section. 21
(3) A person who fails to register as required under this act shall 22
be guilty of a crime of the third degree. 23
b. For the purposes of this act a sex offense shall include the 24
following: 25
(1) Aggravated sexual assault, sexual assault, aggravated 26
criminal sexual contact, kidnapping pursuant to paragraph (2) of 27
subsection c. of N.J.S.2C:13-1 or an attempt to commit any of these 28
crimes if the court found that the offender's conduct was 29
characterized by a pattern of repetitive, compulsive behavior, 30
regardless of the date of the commission of the offense or the date 31
of conviction; 32
(2) A conviction, adjudication of delinquency, or acquittal by 33
reason of insanity for aggravated sexual assault; sexual assault; 34
aggravated criminal sexual contact; kidnapping pursuant to 35
paragraph (2) of subsection c. of N.J.S.2C:13-1; endangering the 36
welfare of a child by engaging in sexual conduct which would 37
impair or debauch the morals of the child pursuant to subsection a. 38
of N.J.S.2C:24-4; endangering the welfare of a child pursuant to 39
paragraph (3) or (4), subparagraph (a), or sub-subparagraph (i) or 40
(ii) of subparagraph (b) of paragraph (5) of subsection b. of 41
N.J.S.2C:24-4; luring or enticing pursuant to section 1 of P.L.1993, 42
c.291 (C.2C:13-6); criminal sexual contact pursuant to 43
N.J.S.2C:14-3b. if the victim is a minor; kidnapping pursuant to 44
N.J.S.2C:13-1, criminal restraint pursuant to N.J.S.2C:13-2, or false 45
imprisonment pursuant to N.J.S.2C:13-3 if the victim is a minor and 46
the offender is not the parent of the victim; knowingly promoting 47
prostitution of a child pursuant to paragraph (3) or paragraph (4) of 48
S2423 POU, MCKNIGHT
32
subsection b. of N.J.S.2C:34-1; leader of a child pornography 1
network pursuant to section 8 of P.L.2017, c.141 (C.2C:24-4.1); or 2
an attempt to commit any of these enumerated offenses if the 3
conviction, adjudication of delinquency or acquittal by reason of 4
insanity is entered on or after the effective date of this act or the 5
offender is serving a sentence of incarceration, probation, parole or 6
other form of community supervision as a result of the offense or is 7
confined following acquittal by reason of insanity or as a result of 8
civil commitment on the effective date of this act; 9
(3) A conviction, adjudication of delinquency, or acquittal by 10
reason of insanity for an offense similar to any offense enumerated 11
in paragraph (2) or a sentence on the basis of criteria similar to the 12
criteria set forth in paragraph (1) of this subsection entered or 13
imposed under the laws of the United States, this State, or another 14
state. 15
(4) Notwithstanding the provisions of paragraph (1), (2), or (3) 16
of this subsection, a sex offense shall not include an adjudication of 17
delinquency for endangering the welfare of a child pursuant to 18
paragraph (4) or (5) of subsection b. of N.J.S.2C:24-4, provided that 19
the actor demonstrates that: 20
(a) the facts of the case are limited to the creation, exhibition or 21
distribution of a photograph depicting nudity or portraying a child 22
in a sexually suggestive manner, as defined in N.J.S.2C:24-4, 23
through the use of an electronic communications device, an 24
interactive wireless communications device, or a computer; 25
(b) the creator and subject of the photograph are juveniles or 26
were juveniles at the time of its making; and 27
(c) the subject of the photograph whose nudity is depicted or 28
who is portrayed in a sexually suggestive manner, as the case may 29
be, knowingly consented to the making of the photograph. 30
c. A person required to register under the provisions of this act 31
shall do so on forms to be provided by the designated registering 32
agency as follows: 33
(1) A person who is required to register and who is under 34
supervision in the community on probation, parole, furlough, work 35
release, or a similar program, shall register at the time the person is 36
placed under supervision or no later than 120 days after the 37
effective date of this act, whichever is later, in accordance with 38
procedures established by the Department of Corrections, the 39
Department of Human Services, the [Juvenile] Youth Justice 40
Commission established pursuant to section 2 of P.L.1995, c.284 41
(C.52:17B-170) or the Administrative Office of the Courts, 42
whichever is responsible for supervision; 43
(2) A person confined in a correctional or juvenile facility or 44
involuntarily committed who is required to register shall register 45
prior to release in accordance with procedures established by the 46
Department of Corrections, the Department of Human Services or 47
the [Juvenile] Youth Justice Commission and, within 48 hours of 48
S2423 POU, MCKNIGHT
33
release, shall also register with the chief law enforcement officer of 1
the municipality in which the person resides or, if the municipality 2
does not have a local police force, the Superintendent of State 3
Police; 4
(3) A person moving to or returning to this State from another 5
jurisdiction shall register with the chief law enforcement officer of 6
the municipality in which the person will reside or, if the 7
municipality does not have a local police force, the Superintendent 8
of State Police within 120 days of the effective date of this act or 10 9
days of first residing in or returning to a municipality in this State, 10
whichever is later; 11
(4) A person required to register on the basis of a conviction 12
prior to the effective date who is not confined or under supervision 13
on the effective date of this act shall register within 120 days of the 14
effective date of this act with the chief law enforcement officer of 15
the municipality in which the person will reside or, if the 16
municipality does not have a local police force, the Superintendent 17
of State Police; 18
(5) A person who in another jurisdiction is required to register 19
as a sex offender and who is enrolled on a full-time or part-time 20
basis in any public or private educational institution in this State, 21
including any secondary school, trade or professional institution, 22
institution of higher education or other post-secondary school shall, 23
within ten days of commencing attendance at such educational 24
institution, register with the chief law enforcement officer of the 25
municipality in which the educational institution is located or, if the 26
municipality does not have a local police force, the Superintendent 27
of State Police; 28
(6) A person who in another jurisdiction is required to register 29
as a sex offender and who is employed or carries on a vocation in 30
this State, on either a full-time or a part-time basis, with or without 31
compensation, for more than 14 consecutive days or for an 32
aggregate period exceeding 30 days in a calendar year, shall, within 33
ten days after commencing such employment or vocation, register 34
with the chief law enforcement officer of the municipality in which 35
the employer is located or where the vocation is carried on, as the 36
case may be, or, if the municipality does not have a local police 37
force, the Superintendent of State Police; 38
(7) In addition to any other registration requirements set forth in 39
this section, a person required to register under this act who is 40
enrolled at, employed by or carries on a vocation at an institution of 41
higher education or other post-secondary school in this State shall, 42
within 10 days after commencing such attendance, employment or 43
vocation, register with the law enforcement unit of the educational 44
institution, if the institution has such a unit. 45
d. (1) Upon a change of address, a person shall notify the law 46
enforcement agency with which the person is registered and shall 47
re-register with the appropriate law enforcement agency no less 48
S2423 POU, MCKNIGHT
34
than 10 days before he intends to first reside at his new address. 1
Upon a change of employment or school enrollment status, a person 2
shall notify the appropriate law enforcement agency no later than 3
five days after any such change. A person who fails to notify the 4
appropriate law enforcement agency of a change of address or status 5
in accordance with this subsection is guilty of a crime of the third 6
degree. 7
(2) A person required to register under this act shall provide the 8
appropriate law enforcement agency with information as to whether 9
the person has routine access to or use of a computer or any other 10
device with Internet capability. A person who fails to notify the 11
appropriate law enforcement agency of such information or of a 12
change in the person's access to or use of a computer or other 13
device with Internet capability or who provides false information 14
concerning the person's access to or use of a computer or any other 15
device with Internet capability is guilty of a crime of the third 16
degree. 17
e. A person required to register under paragraph (1) of 18
subsection b. of this section or under paragraph (3) of subsection b. 19
due to a sentence imposed on the basis of criteria similar to the 20
criteria set forth in paragraph (1) of subsection b. shall verify his 21
address with the appropriate law enforcement agency every 90 days 22
in a manner prescribed by the Attorney General. A person required 23
to register under paragraph (2) of subsection b. of this section or 24
under paragraph (3) of subsection b. on the basis of a conviction for 25
an offense similar to an offense enumerated in paragraph (2) of 26
subsection b. shall verify his address annually in a manner 27
prescribed by the Attorney General. In addition to address 28
information, the person shall provide as part of the verification 29
process any additional information the Attorney General may 30
require. One year after the effective date of this act, the Attorney 31
General shall review, evaluate and, if warranted, modify pursuant to 32
the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et 33
seq.) the verification requirement. Any person who knowingly 34
provides false information concerning his place of residence or who 35
fails to verify his address with the appropriate law enforcement 36
agency or other entity, as prescribed by the Attorney General in 37
accordance with this subsection, is guilty of a crime of the third 38
degree. 39
f. Except as provided in subsection g. of this section, a person 40
required to register under this act may make application to the 41
Superior Court of this State to terminate the obligation upon proof 42
that the person has not committed an offense within 15 years 43
following conviction or release from a correctional facility for any 44
term of imprisonment imposed, whichever is later, and is not likely 45
to pose a threat to the safety of others. 46
g. A person required to register under this section who has 47
been convicted of, adjudicated delinquent, or acquitted by reason of 48
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35
insanity for more than one sex offense as defined in subsection b. of 1
this section or who has been convicted of, adjudicated delinquent, 2
or acquitted by reason of insanity for aggravated sexual assault 3
pursuant to subsection a. of N.J.S.2C:14-2 or sexual assault 4
pursuant to paragraph (1) of subsection c. of N.J.S.2C:14-2 is not 5
eligible under subsection f. of this section to make application to 6
the Superior Court of this State to terminate the registration 7
obligation. 8
(cf: P.L.2017, c.141, s.3) 9
10
16. Section 3 of P.L.1994, c.133 (C.2C:7-3) is amended to read 11
as follows: 12
3. Notice of the obligation to register shall be provided as 13
follows: 14
(1) A court imposing a sentence, disposition or order of 15
commitment following acquittal by reason of insanity shall notify 16
the defendant of the obligation to register pursuant to section 2 of 17
this act. 18
(2) The Department of Corrections, the Administrative Office of 19
the Courts, the [Juvenile] Youth Justice Commission established 20
pursuant to section 2 of P.L.1995, c.284 (C.52:17B-170) and the 21
Department of Human Services shall (a) establish procedures for 22
notifying persons under their supervision of the obligation to 23
register pursuant to this act and (b) establish procedures for 24
registration by persons with the appropriate law enforcement 25
agency who are under supervision in the community on probation, 26
parole, furlough, work release or similar program outside the 27
facility, and registration with the appropriate law enforcement 28
agency of persons who are released from the facility in which they 29
are confined without supervision. 30
(3) The Division of Motor Vehicles in the Department of Law 31
and Public Safety shall provide notice of the obligation to register 32
pursuant to this section in connection with each application for a 33
license to operate a motor vehicle and each application for an 34
identification card issued pursuant to section 2 of P.L.1980, c.47 35
(C.39:3-29.3). 36
(4) The Attorney General shall cause notice of the obligation to 37
register to be published in a manner reasonably calculated to reach 38
the general public within 30 days of the effective date of this act. 39
(cf: P.L.1995, c.280, s.19) 40
41
17. Section 4 of P.L.1994, c.133 (C.2C:7-4) is amended to read 42
as follows: 43
4. a. Within 60 days of the effective date of this act, the 44
Superintendent of State Police, with the approval of the Attorney 45
General, shall prepare the form of registration statement as required 46
in subsection b. of this section and shall provide such forms to each 47
organized full-time municipal police department, the Department of 48
S2423 POU, MCKNIGHT
36
Corrections, the Administrative Office of the Courts and the 1
Department of Human Services. In addition, the Superintendent of 2
State Police shall make such forms available to the [Juvenile] 3
Youth Justice Commission established pursuant to section 2 of 4
P.L.1995, c.284 (C.52:17B-170). 5
b. The form of registration required by this act shall include: 6
(1) A statement in writing signed by the person required to 7
register acknowledging that the person has been advised of the duty 8
to register and reregister imposed by this act and including the 9
person's name, social security number, age, race, sex, date of birth, 10
height, weight, hair and eye color, address of legal residence, 11
address of any current temporary residence, date and place of 12
employment; and any anticipated or current school enrollment, 13
including but not limited to enrollment at or employment by any 14
institution of higher education; 15
(2) Date and place of each conviction, adjudication or acquittal 16
by reason of insanity, indictment number, fingerprints, and a brief 17
description of the crime or crimes for which registration is required; 18
and 19
(3) Any other information that the Attorney General deems 20
necessary to assess risk of future commission of a crime, including 21
criminal and corrections records, nonprivileged personnel, 22
treatment, and abuse registry records, and evidentiary genetic 23
markers when available. 24
c. Within three days of receipt of a registration pursuant to 25
subsection c. of section 2 of this act, the registering agency shall 26
forward the statement and any other required information to the 27
prosecutor who shall, as soon as practicable, transmit the form of 28
registration to the Superintendent of State Police, and, if the 29
registrant will reside in a different county, to the prosecutor of the 30
county in which the person will reside. The prosecutor of the 31
county in which the person will reside shall transmit the form of 32
registration to the law enforcement agency responsible for the 33
municipality in which the person will reside and other appropriate 34
law enforcement agencies. The superintendent shall promptly 35
transmit the conviction data and fingerprints to the Federal Bureau 36
of Investigation. 37
d. The Superintendent of State Police shall maintain a central 38
registry of registrations provided pursuant to this act. 39
(cf: P.L.2003, c.34, s.2) 40
41
18. Section 2 of P.L.2015, c.147 (C.2C:14-14) is amended to 42
read as follows: 43
2. Application for Temporary Protective Order. 44
a. (1) Any person alleging to be a victim of nonconsensual sexual 45
contact, sexual penetration, or lewdness, or any attempt at such 46
conduct, or stalking or cyber-harassment, and who is not eligible for 47
a restraining order as a "victim of domestic violence" as defined by 48
S2423 POU, MCKNIGHT
37
the provisions of subsection d. of section 3 of P.L.1991, c.261 1
(C.2C:25-19), may, except as provided in subsection b. of this 2
section, file an application with the Superior Court pursuant to the 3
Rules of Court alleging the commission of such conduct or 4
attempted conduct and seeking a temporary protective order. 5
As used in this section and in sections 3, 4, and 8 of P.L.2015, 6
c.147 (C.2C:14-15, C.2C:14-16, and C.2C:14-20): 7
"Sexual contact" means an intentional touching by the victim or 8
actor, either directly or through clothing, of the victim's or actor's 9
intimate parts for the purpose of degrading or humiliating the victim 10
or sexually arousing or sexually gratifying the actor. 11
"Sexual penetration" means vaginal intercourse, cunnilingus, 12
fellatio or anal intercourse between persons or insertion of the hand, 13
finger or object into the anus or vagina either by the actor or upon 14
the actor's instruction. 15
"Lewdness" means the exposing of the genitals for the purpose 16
of arousing or gratifying the sexual desire of the actor or of any 17
other person. 18
"Intimate parts" means the following body parts: sexual organs, 19
genital area, anal area, inner thigh, groin, buttock or breast of a 20
person. 21
"Stalking" means purposefully or knowingly engaging in a 22
course of conduct directed at or toward a person that would cause a 23
reasonable person to fear for the reasonable person's own safety or 24
the safety of a third person, or suffer other emotional distress, 25
because the conduct involves: repeatedly maintaining a visual or 26
physical proximity to a person; directly, indirectly, or through third 27
parties, by any action, method, device, or means, following, 28
monitoring, observing, surveilling, threatening, or communicating 29
to or about a person, or interfering with a person's property; 30
repeatedly committing harassment against a person; or repeatedly 31
conveying, or causing to be conveyed, verbal or written threats or 32
threats conveyed by any other means of communication or threats 33
implied by conduct or a combination thereof directed at or towards 34
a person. 35
"Repeatedly" means on two or more occasions. 36
"Emotional distress" means significant mental suffering or 37
distress. 38
"Cause a reasonable person to fear" means to cause fear which a 39
reasonable victim, similarly situated, would have under the 40
circumstances. 41
"Cyber-harassment" means conduct that occurs, while making 42
one or more communications in an online capacity via any 43
electronic device or through a social networking site and with the 44
purpose to harass another, that involves: threatening to inflict injury 45
or physical harm to any person or the property of any person; 46
knowingly sending, posting, commenting, requesting, suggesting, or 47
proposing any lewd, indecent, or obscene material to or about a 48
S2423 POU, MCKNIGHT
38
person with the intent to emotionally harm a reasonable person or 1
place a reasonable person in fear of physical or emotional harm to 2
the reasonable person; or threatening to commit any crime against a 3
person or the person's property. 4
(2) Except as provided in subsection b. of this section, an 5
application for relief under P.L.2015, c.147 (C.2C:14-13 et al.) may 6
be filed by the alleged victim's parent or guardian on behalf of the 7
alleged victim in any case in which the alleged victim: 8
(a) is less than 18 years of age; or 9
(b) has a developmental disability as defined in section 3 of 10
P.L.1977, c.200 (C.5:5-44.4) or a mental disease or defect that 11
renders the alleged victim temporarily or permanently incapable of 12
understanding the nature of the alleged victim's conduct, including, 13
but not limited to, being incapable of providing consent, or of 14
understanding the nature of the alleged conduct that is the subject of 15
the application. 16
b. (1) When it is alleged that nonconsensual sexual contact, 17
sexual penetration, or lewdness, or any attempt at such conduct, or 18
stalking or cyber-harassment has been committed by an 19
unemancipated minor, an applicant seeking a protective order shall 20
not proceed under the provisions of P.L.2015, c.147 (C.2C:14-13 et 21
al.), but may seek a protective order and other relief under the "New 22
Jersey Code of [Juvenile] Youth Justice," P.L.1982, c.77 23
(C.2A:4A-20 et seq.) by filing a complaint pursuant to the 24
provisions of section 11 of P.L.1982, c.77 (C.2A:4A-30). 25
(2) When it is alleged that nonconsensual sexual contact, sexual 26
penetration, or lewdness, or any attempt at such conduct, or stalking 27
or cyber-harassment has been committed against an unemancipated 28
minor by a parent, guardian, or other person having care, custody 29
and control of that child as defined in R.S.9:6-2, an applicant 30
seeking a protective order shall not proceed under the provisions of 31
P.L.2015, c.147 (C.2C:14-13 et al.), but shall report the incident to 32
the Department of Children and Families for appropriate action. 33
c. (1) An applicant may seek a protective order pursuant to 34
P.L.2015, c.147 (C.2C:14-13 et al.) and the court may issue such an 35
order regardless of whether criminal charges based on the incident 36
were filed and regardless of the disposition of any such charges. 37
(2) The filing of an application pursuant to this section shall not 38
prevent the filing of a criminal complaint, or the institution or 39
maintenance of a criminal prosecution based on the same act. 40
d. The court shall waive any requirement that the applicant's or 41
alleged victim's place of residence appear on the application. 42
e. An applicant may seek a protective order pursuant to 43
P.L.2015, c.147 (C.2C:14-13 et al.) in a court having jurisdiction 44
over the place where the alleged conduct or attempted conduct 45
occurred, where the respondent resides, or where the alleged victim 46
resides or is sheltered. 47
S2423 POU, MCKNIGHT
39
f. No fees or other costs shall be assessed against an applicant 1
for seeking a protective order pursuant to P.L.2015, c.147 2
(C.2C:14-13 et al.). 3
(cf: P.L.2023, c.127, s.2) 4
5
19. Section 1 of P.L.2007, c.127 (C.2C:29-10) is amended to 6
read as follows: 7
1. a. For the purposes of this section: 8
"County correctional facility" means any prison or other secure 9
facility managed and operated by any county of this State in which 10
adult offenders are incarcerated. 11
"County juvenile detention facility" means any secure juvenile 12
facility managed and operated by any county of this State. 13
"Secure juvenile facility" means the New Jersey Training School 14
for Boys, the Juvenile Medium Security Facility, and any other 15
secure juvenile facility managed and operated by the [Juvenile] 16
Youth Justice Commission. 17
"State correctional facility" means a State prison or other penal 18
institution. 19
b. A person who possesses or uses an electronic 20
communication device or a battery or device to recharge an 21
electronic communication device while confined to a State 22
correctional facility, secure juvenile facility, county correctional 23
facility, or county juvenile detention facility is guilty of a crime of 24
the third degree. 25
c. A person, other than an employee or a contract employee of 26
the Department of Corrections, the [Juvenile] Youth Justice 27
Commission, a county correctional facility, or a county juvenile 28
detention facility who knowingly sells, transfers, assigns, provides, 29
or otherwise gives an electronic communication device to a person 30
who is confined in a State correctional facility, secure juvenile 31
facility, county correctional facility, or county juvenile detention 32
facility is guilty of a crime of the third degree. 33
d. An employee or a contract employee of the Department of 34
Corrections, the [Juvenile] Youth Justice Commission, a county 35
correctional facility, or a county juvenile detention facility who 36
knowingly sells, transfers, assigns, provides, or otherwise gives an 37
electronic communication device to a person who is confined in a 38
State correctional facility, secure juvenile facility, county 39
correctional facility, or county juvenile detention facility is guilty of 40
a crime of the second degree. 41
(cf: P.L.2007, c.127, s.1) 42
43
20. Section 4 of P.L.2021, c.25 (C.2C:33-15.1) is amended to 44
read as follows: 45
4. a. (1) The Attorney General shall biannually issue a 46
comprehensive report detailing the number of occurrences and other 47
statistics, without revealing or including any personal identifying 48
S2423 POU, MCKNIGHT
40
information, concerning first, second, third and subsequent 1
violations of paragraph (1) of subsection a. of section 1 of 2
P.L.1979, c.264 (C.2C:33-15) involving the possession or 3
consumption of any alcoholic beverage, marijuana, hashish, or 4
cannabis items by persons under the legal age to purchase alcoholic 5
beverages or cannabis items, the municipal, county or other 6
geographic areas within which first, second, third and subsequent 7
violations occur, and the law enforcement agencies involved in 8
first, second, third and subsequent violations, covering the previous 9
six-month period. The initial report shall be issued by June 30, 10
2021, the second report shall be issued by January 30, 2022, and 11
then the next report issued every six months thereafter. Each report 12
shall also be submitted to the Governor and the Legislature pursuant 13
to section 2 of P.L.1991, c.164 (C.52:14-19.1). 14
(2) The Attorney General shall also make reports available to 15
the task force established pursuant to subsection b. of this section 16
based on the Attorney General's periodic review of body worn 17
camera recordings of law enforcement officers responding to a call 18
for service related to a violation or suspected violation of paragraph 19
(1) of subsection a. of section 1 of P.L.1979, c.264 (C.2C:33-15), or 20
at the initiation of any other law enforcement or investigative 21
encounter between an officer and a person related to a violation or 22
suspected violation of that paragraph, which recordings are required 23
to be made in accordance with paragraph (4) of subsection a. of 24
section 1 of P.L.1979, c.264 (C.2C:33-15). The periodic review 25
shall be conducted using body worn camera recordings both 26
selected by the Attorney General and randomly determined, and the 27
task force may request an Attorney General review a particular 28
municipality, region, or time period. The identity of any person 29
included in a recording reviewed by the Attorney General shall be 30
kept confidential and shall not be revealed to the members of the 31
task force or any staff provided to the task force by the Department 32
of Law and Public Safety pursuant to paragraph (6) of subsection b. 33
of this section to support its work. 34
b. (1) A taskforce shall be established in the Department of Law 35
and Public Safety, comprised of 26 members to review each 36
Attorney General report described in subsection a. of this section, 37
and make recommendations thereon to the Governor and 38
Legislature related to law enforcement activities to address the 39
enforcement of underage possession or consumption of alcoholic 40
beverages, marijuana, hashish, or cannabis items in violation of 41
section 1 of P.L.1979, c.264 (C.2C:33-15), as well as the broader 42
issue of underage possession or consumption of these substances. 43
(2) The membership of the taskforce shall include the following 44
individuals: 45
(a) the Attorney General, or a designee; 46
(b) the Public Defender, or a designee; 47
S2423 POU, MCKNIGHT
41
(c) the Commissioner of the Department of Children and 1
Families, or a designee; 2
(d) the Commissioner of Education, or a designee; 3
(e) a representative from the [Juvenile] Youth Justice 4
Commission, appointed by the Governor; 5
(f) a representative from the Division of Criminal Justice in the 6
Department of Law and Public Safety, appointed by the Governor; 7
(g) the Chair of the Governor's [Juvenile] Youth Justice 8
Delinquency and Prevention Committee; 9
(h) two members appointed by the Governor upon the 10
recommendation of the President of the Senate, at least one of 11
whom shall be a member of the Legislative Black Caucus or 12
Legislative Latino Caucus, determined in coordination with the 13
members recommended by the Speaker of the General Assembly 14
pursuant to subparagraph (i) of this paragraph, so that there is at 15
least one member of each caucus serving as a member of the task 16
force; 17
(i) two members appointed by the Governor 18
upon the recommendation of the Speaker of the General 19
Assembly, at least one of whom shall be a member of the 20
Legislative Black Caucus or Legislative Latino Caucus, determined 21
in coordination with the members recommended by the Senate 22
President pursuant to subparagraph (h) of this paragraph, so that 23
there is at least one member of each caucus serving as a member of 24
the task force; 25
(j) the Administrative Director of the Courts, or a designee; 26
(k) a representative from the New Jersey Institute for Social 27
Justice, appointed by the Governor; 28
(l) a representative from the American Civil Liberties Union of 29
New Jersey, appointed by the Governor; 30
(m) a representative from the County Prosecutors Association of 31
New Jersey who is actively and presently involved in juvenile 32
matters, appointed by the Governor; 33
(n) a representative from the New Jersey Juvenile Officers 34
Association, appointed by the Governor; 35
(o) one representative each from the Annie E. Casey Foundation 36
and Vera Institute of Justice, both appointed by the Governor; 37
(p) a representative of the NAACP New Jersey State 38
Conference, appointed by the Governor; 39
(q) a representative of Salvation and Social Justice, appointed 40
by the Governor; 41
(r) a representative from the County Youth Services 42
Commission Administrators, appointed by the Governor; 43
(s) a representative from the faith-based ethical community in 44
New Jersey, appointed by the Governor; 45
(t) a representative of an employee organization representing 46
employees who work at juvenile justice facilities, appointed by the 47
Governor; and 48
S2423 POU, MCKNIGHT
42
(u) three representatives who have been involved with the New 1
Jersey juvenile justice system, appointed by the Governor, 2
including at least one representative of a non-profit organization 3
that deals with juvenile justice issues and at least one individual 4
who has been subject to the custody of the juvenile justice system. 5
(3) All members appointed by the Governor, other than the 6
members of the Legislature recommended for appointment, shall 7
serve at the pleasure of the Governor. The members of the 8
Legislature shall serve on the task force during their elective term 9
of office. Any vacancies in the membership of the task force shall 10
be filled in the same manner as the original appointments were 11
made. 12
(4) Members of the task force shall serve without compensation, 13
but shall be reimbursed for necessary expenditures incurred in the 14
performance of their duties as members of the task force within the 15
limits of funds appropriated or otherwise made available to the task 16
force for its purposes. 17
(5) The task force shall organize as soon as practicable 18
following the appointment of its members. The task force shall 19
choose a chairperson from among its members and shall appoint a 20
secretary who need not be a member of the task force. 21
(6) The Department of Law and Public Safety shall provide such 22
stenographic, clerical, and other administrative assistants, and such 23
professional staff as the task force requires to carry out its work. 24
(cf: P.L.2021, c.25, s.4) 25
26
21. N.J.S.2C:39-6 is amended to read as follows: 27
2C:39-6. a. Provided a person complies with the requirements of 28
subsection j. of this section, N.J.S.2C:39-5 does not apply to: 29
(1) Members of the Armed Forces of the United States or of the 30
National Guard while actually on duty, or while traveling between 31
places of duty and carrying authorized weapons in the manner 32
prescribed by the appropriate military authorities; 33
(2) Federal law enforcement officers, and any other federal 34
officers and employees required to carry firearms in the 35
performance of their official duties; 36
(3) Members of the State Police and, under conditions 37
prescribed by the superintendent, members of the Marine Law 38
Enforcement Bureau of the Division of State Police; 39
(4) A sheriff, undersheriff, sheriff's officer, prosecutor's 40
detective or investigator, State investigator employed by the 41
Division of Criminal Justice of the Department of Law and Public 42
Safety, investigator employed by the State Commission of 43
Investigation, inspector of the Alcoholic Beverage Control 44
Enforcement Bureau of the Division of State Police in the 45
Department of Law and Public Safety authorized to carry weapons 46
by the Superintendent of State Police, State park police officer, or 47
State conservation police officer; 48
S2423 POU, MCKNIGHT
43
(5) Except as hereinafter provided, a State correctional police 1
officer, or a prison or jail warden of any penal institution in this 2
State or the warden's deputies, or an employee of the Department of 3
Corrections engaged in the interstate transportation of convicted 4
offenders, while in the performance of the employee's duties, and 5
when required to possess the weapon by a superior officer, or a 6
correctional police officer or keeper of a penal institution in this 7
State at all times while in the State of New Jersey, provided the 8
person annually passes an examination approved by the 9
superintendent testing the person's proficiency in the handling of 10
firearms; 11
(6) A civilian employee of the United States Government under 12
the supervision of the commanding officer of any post, camp, 13
station, base or other military or naval installation located in this 14
State who is required, in the performance of the employee's official 15
duties, to carry firearms, and who is authorized to carry firearms by 16
the commanding officer, while in the actual performance of the 17
employee's official duties; 18
(7) (a) A regularly employed member, including a detective, of 19
the police department of any county or municipality, or of any 20
State, interstate, municipal or county park police force or boulevard 21
police force, at all times while in the State of New Jersey; 22
(b) A special law enforcement officer authorized to carry a 23
weapon as provided in subsection b. of section 7 of P.L.1985, c.439 24
(C.40A:14-146.14); 25
(c) An airport security officer or a special law enforcement 26
officer appointed by the governing body of any county or 27
municipality, except as provided in subparagraph (b) of this 28
paragraph, or by the commission, board or other body having 29
control of a county park or airport or boulevard police force, while 30
engaged in the actual performance of the officer's official duties and 31
when specifically authorized by the governing body to carry 32
weapons; 33
(8) A full-time, paid member of a paid or part-paid fire 34
department or force of any municipality who is assigned full-time 35
or part-time to an arson investigation unit created pursuant to 36
section 1 of P.L.1981, c.409 (C.40A:14-7.1) or to the county arson 37
investigation unit in the county prosecutor's office, while either 38
engaged in the actual performance of arson investigation duties or 39
while actually on call to perform arson investigation duties and 40
when specifically authorized by the governing body or the county 41
prosecutor, as the case may be, to carry weapons. Prior to being 42
permitted to carry a firearm, a member shall take and successfully 43
complete a firearms training course administered by the Police 44
Training Commission pursuant to P.L.1961, c.56 (C.52:17B-66 et 45
seq.), and shall annually qualify in the use of a revolver or similar 46
weapon prior to being permitted to carry a firearm; 47
S2423 POU, MCKNIGHT
44
(9) A juvenile correctional police officer in the employment of 1
the [Juvenile] Youth Justice Commission established pursuant to 2
section 2 of P.L.1995, c.284 (C.52:17B-170) subject to the 3
regulations promulgated by the commission; 4
(10) A designated employee or designated licensed agent for a 5
nuclear power plant under license of the Nuclear Regulatory 6
Commission, while in the actual performance of the person's 7
official duties, if the federal licensee certifies that the designated 8
employee or designated licensed agent is assigned to perform site 9
protection, guard, armed response or armed escort duties and is 10
appropriately trained and qualified, as prescribed by federal 11
regulation, to perform those duties. Any firearm utilized by an 12
employee or agent for a nuclear power plant pursuant to this 13
paragraph shall be returned each day at the end of the employee's or 14
agent's authorized official duties to the employee's or agent's 15
supervisor. All firearms returned each day pursuant to this 16
paragraph shall be stored in locked containers located in a secure 17
area; 18
(11) A county correctional police officer at all times while in the 19
State of New Jersey, provided the officer annually passes an 20
examination approved by the superintendent testing the officer's 21
proficiency in the handling of firearms; 22
(12) A county prosecutor, assistant prosecutor, federal 23
prosecutor, municipal prosecutor, Attorney General, assistant 24
attorney general, deputy attorney general and federal, State, county, 25
or municipal court judge, including a judge of the Tax Court and 26
any other court of limited jurisdiction established, altered, or 27
abolished by law, a judge of the Office of Administrative Law, a 28
judge of the Division of Workers' Compensation at all times while 29
in this State. Prior to being permitted to carry a firearm, a person 30
subject to this paragraph shall take and successfully complete a 31
firearms training course administered by the Police Training 32
Commission pursuant to P.L.1961, c.56 (C.52:17B-66 et seq.), and 33
shall annually qualify in the use of a handgun or similar weapon 34
prior to being permitted to carry a firearm. The superintendent may 35
issue identification cards indicating that such a person is permitted 36
to carry a handgun pursuant to this paragraph. 37
b. Subsections a., b. and c. of N.J.S.2C:39-5 do not apply to: 38
(1) A law enforcement officer employed by a governmental 39
agency outside of the State of New Jersey while actually engaged in 40
the officer's official duties, provided, however, that the officer has 41
first notified the superintendent or the chief law enforcement officer 42
of the municipality or the prosecutor of the county in which the 43
officer is engaged; or 44
(2) A licensed dealer in firearms and the dealer's registered 45
employees during the course of their normal business while 46
traveling to and from their place of business and other places for the 47
purpose of demonstration, exhibition or delivery in connection with 48
S2423 POU, MCKNIGHT
45
a sale, provided, however, that the weapon is carried in the manner 1
specified in subsection g. of this section. 2
c. Provided a person complies with the requirements of 3
subsection j. of this section, subsections b. and c. of N.J.S.2C:39-5 4
do not apply to: 5
(1) A special agent of the Division of Taxation who has passed 6
an examination in an approved police training program testing 7
proficiency in the handling of any firearm which the agent may be 8
required to carry, while in the actual performance of the agent's 9
official duties and while going to or from the agent's place of duty, 10
or any other police officer, while in the actual performance of the 11
officer's official duties; 12
(2) A State deputy conservation police officer or a full-time 13
employee of the Division of Parks and Forestry having the power of 14
arrest and authorized to carry weapons, while in the actual 15
performance of the officer's official duties; 16
(3) (Deleted by amendment, P.L.1986, c.150.) 17
(4) A court attendant appointed by the sheriff of the county or 18
by the judge of any municipal court or other court of this State, 19
while in the actual performance of the attendant's official duties; 20
(5) A guard employed by any railway express company, banking 21
or building and loan or savings and loan institution of this State, 22
while in the actual performance of the guard's official duties; 23
(6) A member of a legally recognized military organization 24
while actually under orders or while going to or from the prescribed 25
place of meeting and carrying the weapons prescribed for drill, 26
exercise or parade; 27
(7) A municipal humane law enforcement officer, authorized 28
pursuant to subsection d. of section 25 of P.L.2017, c.331 (C.4:22-29
14.1), or humane law enforcement officer of a county society for 30
the prevention of cruelty to animals authorized pursuant to 31
subsection c. of section 29 of P.L.2017, c.331 (C.4:22-14.5), while 32
in the actual performance of the officer's duties; 33
(8) An employee of a public utilities corporation actually 34
engaged in the transportation of explosives; 35
(9) A railway policeman, except a transit police officer of the 36
New Jersey Transit Police Department, at all times while in the 37
State of New Jersey, provided that the person has passed an 38
approved police academy training program consisting of at least 39
280 hours. The training program shall include, but need not be 40
limited to, the handling of firearms, community relations, and 41
juvenile relations; 42
(10) A campus police officer appointed under P.L.1970, c.211 43
(C.18A:6-4.2 et seq.) at all times. Prior to being permitted to carry 44
a firearm, a campus police officer shall take and successfully 45
complete a firearms training course administered by the Police 46
Training Commission, pursuant to P.L.1961, c.56 (C.52:17B-66 et 47
S2423 POU, MCKNIGHT
46
seq.), and shall annually qualify in the use of a revolver or similar 1
weapon prior to being permitted to carry a firearm; 2
(11) (Deleted by amendment, P.L.2003, c.168). 3
(12) A transit police officer of the New Jersey Transit Police 4
Department, at all times while in the State of New Jersey, provided 5
the officer has satisfied the training requirements of the Police 6
Training Commission, pursuant to subsection c. of section 2 of 7
P.L.1989, c.291 (C.27:25-15.1); 8
(13) A parole officer employed by the State Parole Board at all 9
times. Prior to being permitted to carry a firearm, a parole officer 10
shall take and successfully complete a basic course for regular 11
police officer training administered by the Police Training 12
Commission, pursuant to P.L.1961, c.56 (C.52:17B-66 et seq.), and 13
shall annually qualify in the use of a revolver or similar weapon 14
prior to being permitted to carry a firearm; 15
(14) A Human Services police officer at all times while in the 16
State of New Jersey, as authorized by the Commissioner of Human 17
Services; 18
(15) A person or employee of any person who, pursuant to and 19
as required by a contract with a governmental entity, supervises or 20
transports persons charged with or convicted of an offense; 21
(16) A housing authority police officer appointed under 22
P.L.1997, c.210 (C.40A:14-146.19 et al.) at all times while in the 23
State of New Jersey; or 24
(17) A probation officer assigned to the "Probation Officer 25
Community Safety Unit" created by section 2 of P.L.2001, c.362 26
(C.2B:10A-2) while in the actual performance of the probation 27
officer's official duties. Prior to being permitted to carry a firearm, 28
a probation officer shall take and successfully complete a basic 29
course for regular police officer training administered by the Police 30
Training Commission, pursuant to P.L.1961, c.56 (C.52:17B-66 et 31
seq.), and shall annually qualify in the use of a revolver or similar 32
weapon prior to being permitted to carry a firearm. 33
d. (1) Subsections c. and d. of N.J.S.2C:39-5 do not apply to 34
antique firearms, provided that the antique firearms are unloaded or 35
are being fired for the purposes of exhibition or demonstration at an 36
authorized target range or in another manner approved in writing by 37
the chief law enforcement officer of the municipality in which the 38
exhibition or demonstration is held, or if not held on property under 39
the control of a particular municipality, the superintendent. 40
(2) Subsection a. of N.J.S.2C:39-3 and subsection d. of 41
N.J.S.2C:39-5 do not apply to an antique cannon that is capable of 42
being fired but that is unloaded and immobile, provided that the 43
antique cannon is possessed by (a) a scholastic institution, a 44
museum, a municipality, a county or the State, or (b) a person who 45
obtained a firearms purchaser identification card as specified in 46
N.J.S.2C:58-3. 47
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47
(3) Subsection a. of N.J.S.2C:39-3 and subsection d. of 1
N.J.S.2C:39-5 do not apply to an unloaded antique cannon that is 2
being transported by one eligible to possess it, in compliance with 3
regulations the superintendent may promulgate, between its 4
permanent location and place of purchase or repair. 5
(4) Subsection a. of N.J.S.2C:39-3 and subsection d. of 6
N.J.S.2C:39-5 do not apply to antique cannons that are being loaded 7
or fired by one eligible to possess an antique cannon, for purposes 8
of exhibition or demonstration at an authorized target range or in 9
the manner as has been approved in writing by the chief law 10
enforcement officer of the municipality in which the exhibition or 11
demonstration is held, or if not held on property under the control 12
of a particular municipality, the superintendent, provided that 13
performer has given at least 30 days' notice to the superintendent. 14
(5) Subsection a. of N.J.S.2C:39-3 and subsection d. of 15
N.J.S.2C:39-5 do not apply to the transportation of unloaded 16
antique cannons directly to or from exhibitions or demonstrations 17
authorized under paragraph (4) of subsection d. of this section, 18
provided that the transportation is in compliance with safety 19
regulations the superintendent may promulgate. Those subsections 20
shall not apply to transportation directly to or from exhibitions or 21
demonstrations authorized under the law of another jurisdiction, 22
provided that the superintendent has been given 30 days' notice and 23
that the transportation is in compliance with safety regulations the 24
superintendent may promulgate. 25
e. Nothing in subsections b., c., and d. of N.J.S.2C:39-5 shall 26
be construed to prevent a person keeping or carrying about the 27
person's place of business, residence, premises or other land owned 28
or possessed by the person, any firearm, or from carrying the same, 29
in the manner specified in subsection g. of this section, from any 30
place of purchase to the person's residence or place of business, 31
between the person's dwelling and place of business, between one 32
place of business or residence and another when moving, or 33
between the person's dwelling or place of business and place where 34
the firearms are repaired, for the purpose of repair. For the 35
purposes of this section, a place of business shall be deemed to be a 36
fixed location. 37
f. Nothing in subsections b., c., and d. of N.J.S.2C:39-5 shall 38
be construed to prevent: 39
(1) A member of any rifle or pistol club organized in accordance 40
with the rules prescribed by the National Board for the Promotion 41
of Rifle Practice, in going to or from a place of target practice, 42
carrying firearms necessary for target practice, provided that the 43
club has filed a copy of its charter with the superintendent and 44
annually submits a list of its members to the superintendent and 45
provided further that the firearms are carried in the manner 46
specified in subsection g. of this section; 47
S2423 POU, MCKNIGHT
48
(2) A person carrying a firearm or knife in the woods or fields or 1
upon the waters of this State for the purpose of hunting, target 2
practice or fishing, provided that the firearm or knife is legal and 3
appropriate for hunting or fishing purposes in this State and the 4
person has in the person's possession a valid hunting license, or, 5
with respect to fresh water fishing, a valid fishing license; 6
(3) A person transporting any firearm or knife while traveling: 7
(a) Directly to or from any place for the purpose of hunting or 8
fishing, provided the person has in the person's possession a valid 9
hunting or fishing license; or 10
(b) Directly to or from any target range, or other authorized 11
place for the purpose of practice, match, target, trap or skeet 12
shooting exhibitions, provided in all cases that during the course of 13
the travel all firearms are carried in the manner specified in 14
subsection g. of this section and the person has complied with all 15
the provisions and requirements of Title 23 of the Revised Statutes 16
and any amendments thereto and all rules and regulations 17
promulgated thereunder; or 18
(c) In the case of a firearm, directly to or from any exhibition or 19
display of firearms which is sponsored by any law enforcement 20
agency, any rifle or pistol club, or any firearms collectors club, for 21
the purpose of displaying the firearms to the public or to the 22
members of the organization or club, provided, however, that not 23
less than 30 days prior to the exhibition or display, notice of the 24
exhibition or display shall be given to the Superintendent of the 25
State Police by the sponsoring organization or club, and the sponsor 26
has complied with any reasonable safety regulations the 27
superintendent may promulgate. Any firearms transported pursuant 28
to this section shall be transported in the manner specified in 29
subsection g. of this section; 30
(4) A person from keeping or carrying about a private or 31
commercial aircraft or any boat, or from transporting to or from the 32
aircraft or boat for the purpose of installation or repair of a visual 33
distress signaling device approved by the United States Coast 34
Guard. 35
g. Any weapon being transported under paragraph (2) of 36
subsection b., subsection e., or paragraph (1) or (3) of subsection f. 37
of this section shall be carried unloaded and contained in a closed 38
and fastened case, gunbox, securely tied package, or locked in the 39
trunk of the automobile in which it is being transported, and in the 40
course of travel shall include only deviations as are reasonably 41
necessary under the circumstances. 42
h. Nothing in subsection d. of N.J.S.2C:39-5 shall be construed 43
to prevent any employee of a public utility, as defined in R.S.48:2-44
13, doing business in this State or any United States Postal Service 45
employee, while in the actual performance of duties which 46
specifically require regular and frequent visits to private premises, 47
from possessing, carrying or using any device which projects, 48
S2423 POU, MCKNIGHT
49
releases or emits any substance specified as being noninjurious to 1
canines or other animals by the Commissioner of Health and which 2
immobilizes only on a temporary basis and produces only 3
temporary physical discomfort through being vaporized or 4
otherwise dispensed in the air for the sole purpose of repelling 5
canine or other animal attacks. 6
The device shall be used solely to repel only those canine or 7
other animal attacks when the canines or other animals are not 8
restrained in a fashion sufficient to allow the employee to properly 9
perform the employee's duties. 10
Any device used pursuant to this act shall be selected from a list 11
of products, which consist of active and inert ingredients, permitted 12
by the Commissioner of Health. 13
i. (1) Nothing in N.J.S.2C:39-5 shall be construed to prevent 14
any person who is 18 years of age or older and who has not been 15
convicted of a crime, from possession for the purpose of personal 16
self-defense of one pocket-sized device which contains and releases 17
not more than three-quarters of an ounce of chemical substance not 18
ordinarily capable of lethal use or of inflicting serious bodily injury, 19
but rather, is intended to produce temporary physical discomfort or 20
disability through being vaporized or otherwise dispensed in the air. 21
Any person in possession of any device in violation of this 22
subsection shall be deemed and adjudged to be a disorderly person, 23
and upon conviction thereof, shall be punished by a fine of not less 24
than $100. 25
(2) Notwithstanding the provisions of paragraph (1) of this 26
subsection, nothing in N.J.S.2C:39-5 shall be construed to prevent a 27
health inspector or investigator operating pursuant to the provisions 28
of section 7 of P.L.1977, c.443 (C.26:3A2-25) or a building 29
inspector from possessing a device which is capable of releasing 30
more than three-quarters of an ounce of a chemical substance, as 31
described in paragraph (1) of this subsection, while in the actual 32
performance of the inspector's or investigator's duties, provided that 33
the device does not exceed the size of those used by law 34
enforcement. 35
j. A person shall qualify for an exemption from the provisions 36
of N.J.S.2C:39-5, as specified under subsections a. and c. of this 37
section, if the person has satisfactorily completed a firearms 38
training course approved by the Police Training Commission. 39
The exempt person shall not possess or carry a firearm until the 40
person has satisfactorily completed a firearms training course and 41
shall annually qualify in the use of a revolver or similar weapon. 42
For purposes of this subsection, a "firearms training course" means 43
a course of instruction in the safe use, maintenance and storage of 44
firearms which is approved by the Police Training Commission. 45
The commission shall approve a firearms training course if the 46
requirements of the course are substantially equivalent to the 47
requirements for firearms training provided by police training 48
S2423 POU, MCKNIGHT
50
courses which are certified under section 6 of P.L.1961, c.56 1
(C.52:17B-71). A person who is specified in paragraph (1), (2), (3), 2
or (6) of subsection a. of this section shall be exempt from the 3
requirements of this subsection. 4
k. Nothing in subsection d. of N.J.S.2C:39-5 shall be construed 5
to prevent any financial institution, or any duly authorized 6
personnel of the institution, from possessing, carrying or using for 7
the protection of money or property, any device which projects, 8
releases or emits tear gas or other substances intended to produce 9
temporary physical discomfort or temporary identification. 10
l. Nothing in subsection b. of N.J.S.2C:39-5 shall be construed 11
to prevent a law enforcement officer who retired in good standing, 12
including a retirement because of a disability pursuant to section 6 13
of P.L.1944, c.255 (C.43:16A-6), section 7 of P.L.1944, c.255 14
(C.43:16A-7), section 1 of P.L.1989, c.103 (C.43:16A-6.1), or any 15
substantially similar statute governing the disability retirement of 16
federal law enforcement officers, provided the officer was a 17
regularly employed, full-time law enforcement officer for an 18
aggregate of four or more years prior to the officer's disability 19
retirement and further provided that the disability which constituted 20
the basis for the officer's retirement did not involve a certification 21
that the officer was mentally incapacitated for the performance of 22
the officer's usual law enforcement duties and any other available 23
duty in the department which the officer's employer was willing to 24
assign to the officer or does not subject that retired officer to any of 25
the disabilities set forth in subsection c. of N.J.S.2C:58-3 which 26
would disqualify the retired officer from possessing or carrying a 27
firearm, who semi-annually qualifies in the use of the handgun the 28
officer is permitted to carry in accordance with the requirements 29
and procedures established by the Attorney General pursuant to 30
subsection j. of this section and pays the actual costs associated 31
with those semi-annual qualifications, who is 75 years of age or 32
younger, and who was regularly employed as a full-time member of 33
the State Police; a full-time member of an interstate police force; a 34
full-time member of a county or municipal police department in this 35
State; a full-time member of a State law enforcement agency; a full-36
time sheriff, undersheriff or sheriff's officer of a county of this 37
State; a full-time State or county correctional police officer; a full-38
time State correctional police officer or county correctional police 39
officer; a full-time State or county park police officer; a full-time 40
special agent of the Division of Taxation; a full-time Human 41
Services police officer; a full-time transit police officer of the New 42
Jersey Transit Police Department; a full-time campus police officer 43
exempted pursuant to paragraph (10) of subsection c. of this 44
section; a full-time State conservation police officer exempted 45
pursuant to paragraph (4) of subsection a. of this section; a full-time 46
Palisades Interstate Park officer appointed pursuant to 47
R.S.32:14-21; a full-time Burlington County Bridge police officer 48
S2423 POU, MCKNIGHT
51
appointed pursuant to section 1 of P.L.1960, c.168 (C.27:19-36.3); a 1
full-time housing authority police officer exempted pursuant to 2
paragraph (16) of subsection c. of this section; a full-time juvenile 3
correctional police officer exempted pursuant to paragraph (9) of 4
subsection a. of this section; a full-time parole officer exempted 5
pursuant to paragraph (13) of subsection c. of this section; a full-6
time railway policeman exempted pursuant to paragraph (9) of 7
subsection c. of this section; a full-time county prosecutor's 8
detective or investigator; a full-time federal law enforcement 9
officer; or is a qualified retired law enforcement officer, as used in 10
the federal "Law Enforcement Officers Safety Act of 2004," 11
Pub.L.108-277, domiciled in this State from carrying a handgun in 12
the same manner as law enforcement officers exempted under 13
paragraph (7) of subsection a. of this section. A retired law 14
enforcement officer shall be entitled to carry a handgun pursuant to 15
this subsection under the following conditions: 16
(1) The retired law enforcement officer shall make application 17
in writing to the Superintendent of State Police for approval to carry 18
a handgun every two years. A renewal application shall be 19
submitted in the same manner. 20
(2) Upon receipt of the written application of the retired law 21
enforcement officer, the superintendent shall request a verification 22
of service from the chief law enforcement officer of the 23
organization in which the retired officer was last regularly 24
employed as a full-time law enforcement officer prior to retiring. 25
The verification of service shall include: 26
(a) The name and address of the retired officer; 27
(b) The date that the retired officer was hired and the date that 28
the officer retired; 29
(c) A list of all handguns known to be registered to that officer; 30
(d) A statement that, to the reasonable knowledge of the chief 31
law enforcement officer, the retired officer is not subject to any of 32
the restrictions set forth in subsection c. of N.J.S.2C:58-3; and 33
(e) A statement that the officer retired in good standing. 34
(3) If the superintendent approves a retired officer's application 35
or reapplication to carry a handgun pursuant to the provisions of 36
this subsection, the superintendent shall notify in writing the chief 37
law enforcement officer of the municipality wherein that retired 38
officer resides. In the event the retired officer resides in a 39
municipality which has no chief law enforcement officer or law 40
enforcement agency, the superintendent shall maintain a record of 41
the approval. 42
(4) The superintendent shall issue to an approved retired officer 43
an identification card permitting the retired officer to carry a 44
handgun pursuant to this subsection. This identification card shall 45
be valid for two years from the date of issuance and shall be valid 46
throughout the State. The identification card shall not be 47
transferable to any other person. The identification card shall be 48
S2423 POU, MCKNIGHT
52
carried at all times on the person of the retired officer while the 1
retired officer is carrying a handgun. The retired officer shall 2
produce the identification card for review on the demand of any law 3
enforcement officer or authority. 4
(5) Any person aggrieved by the denial of the superintendent of 5
approval for a permit to carry a handgun pursuant to this subsection 6
may request a hearing in the Superior Court of New Jersey in the 7
county in which the person resides by filing a written request for a 8
hearing within 30 days of the denial. Copies of the request shall be 9
served upon the superintendent and the county prosecutor. The 10
hearing shall be held within 30 days of the filing of the request, and 11
no formal pleading or filing fee shall be required. Appeals from the 12
determination of the hearing shall be in accordance with law and the 13
rules governing the courts of this State. 14
(6) A judge of the Superior Court may revoke a retired officer's 15
privilege to carry a handgun pursuant to this subsection for good 16
cause shown on the application of any interested person. A person 17
who becomes subject to any of the disabilities set forth in 18
subsection c. of N.J.S.2C:58-3 shall surrender, as prescribed by the 19
superintendent, the person's identification card issued under 20
paragraph (4) of this subsection to the chief law enforcement officer 21
of the municipality wherein the person resides or the 22
superintendent, and shall be permanently disqualified to carry a 23
handgun under this subsection. 24
(7) The superintendent may charge a reasonable application fee 25
to retired officers to offset any costs associated with administering 26
the application process set forth in this subsection. 27
m. Nothing in subsection d. of N.J.S.2C:39-5 shall be construed 28
to prevent duly authorized personnel of the New Jersey Division of 29
Fish and Wildlife, while in the actual performance of duties, from 30
possessing, transporting or using any device that projects, releases 31
or emits any substance specified as being non-injurious to wildlife 32
by the Director of the Division of Animal Health in the Department 33
of Agriculture, and which may immobilize wildlife and produces 34
only temporary physical discomfort through being vaporized or 35
otherwise dispensed in the air for the purpose of repelling bear or 36
other animal attacks or for the aversive conditioning of wildlife. 37
n. Nothing in subsection b., c., d. or e. of N.J.S.2C:39-5 shall 38
be construed to prevent duly authorized personnel of the New 39
Jersey Division of Fish and Wildlife, while in the actual 40
performance of duties, from possessing, transporting or using hand 41
held pistol-like devices, rifles or shotguns that launch pyrotechnic 42
missiles for the sole purpose of frightening, hazing or aversive 43
conditioning of nuisance or depredating wildlife; from possessing, 44
transporting or using rifles, pistols or similar devices for the sole 45
purpose of chemically immobilizing wild or non-domestic animals; 46
or, provided the duly authorized person complies with the 47
requirements of subsection j. of this section, from possessing, 48
S2423 POU, MCKNIGHT
53
transporting or using rifles or shotguns, upon completion of a Police 1
Training Commission approved training course, in order to dispatch 2
injured or dangerous animals or for non-lethal use for the purpose 3
of frightening, hazing or aversive conditioning of nuisance or 4
depredating wildlife. 5
(cf: P.L.2022, c.131, s.8) 6
7
22. Section 4 of P.L.1993, c.364 (C.2C:43-2.2) is amended to 8
read as follows: 9
4. a. In addition to any other disposition made pursuant to law, 10
a court shall order a person convicted of, indicted for or formally 11
charged with, or a juvenile charged with delinquency or adjudicated 12
delinquent for an act which if committed by an adult would 13
constitute, aggravated sexual assault or sexual assault as defined in 14
subsection a. or c. of N.J.S.2C:14-2 to submit to an approved 15
serological test for acquired immune deficiency syndrome (AIDS) 16
or infection with the human immunodeficiency virus (HIV) or any 17
other related virus identified as a probable causative agent of AIDS. 18
The court shall issue such an order only upon the request of the 19
victim and upon application of the prosecutor immediately 20
following the request. The person or juvenile shall be ordered by 21
the court to submit to such repeat or confirmatory tests as may be 22
medically necessary. 23
As used in this section, "formal charge" includes a proceeding by 24
accusation in the event that the defendant has waived the right to an 25
indictment. 26
b. A court order issued pursuant to subsection a. of this section 27
shall require testing to be performed as soon as practicable by the 28
Commissioner of the Department of Corrections pursuant to 29
authority granted to the commissioner by sections 6 and 10 of 30
P.L.1976, c.98 (C.30:1B-6 and 30:1B-10), by a provider of health 31
care, at a health facility licensed pursuant to section 12 of P.L.1971, 32
c.136 (C.26:2H-12) or the [Juvenile] Youth Justice Commission 33
established pursuant to section 2 of P.L.1995, c.284 34
(C.52:17B-170). If the victim makes the request prior to or at the 35
time of indictment, or accusation if the defendant has waived the 36
right to an indictment, the court order shall require the testing be 37
performed within 48 hours. The order shall also require that the 38
results of the test be reported to the offender and to the appropriate 39
Office of Victim-Witness Advocacy. 40
c. The Office of Victim-Witness Advocacy, established 41
pursuant to section 5 of P.L.1985, c.404 (C.52:4B-43), shall 42
reimburse the Department of Corrections, Department of Health or 43
the [Juvenile] Youth Justice Commission for the direct costs 44
incurred by these departments for any tests ordered by a court 45
pursuant to subsection a. of this section. Reimbursement shall be 46
made following a request from the department. 47
S2423 POU, MCKNIGHT
54
d. In addition to any other disposition authorized, a court may 1
order an offender at the time of sentencing to reimburse the State 2
for the costs of the tests ordered by subsection a. of this section. 3
e. Upon receipt of the result of a test ordered pursuant to 4
subsection a. of this section, the Office of Victim-Witness 5
Advocacy shall provide the victim with appropriate counseling, 6
referral for counseling and if appropriate, referral for health care. 7
The office shall notify the victim or make appropriate arrangements 8
for the victim to be notified of the test result. 9
f. The result of a test ordered pursuant to subsection a. of this 10
section shall be confidential and employees of the Department of 11
Corrections, the [Juvenile] Youth Justice Commission, the Office 12
of Victim-Witness Advocacy, a health care provider, health care 13
facility or counseling service shall not disclose the result of a test 14
performed pursuant to this section except as authorized herein or as 15
otherwise authorized by law or court order. The provisions of this 16
section shall not be deemed to prohibit disclosure of a test result to 17
the person tested. 18
g. Persons who perform tests ordered pursuant to subsection a. 19
of this section in accordance with accepted medical standards for 20
the performance of such tests shall be immune from civil and 21
criminal liability arising from their conduct. 22
h. This section shall not be construed to preclude or limit any 23
other testing for acquired immune deficiency syndrome (AIDS) or 24
infection with the human immunodeficiency virus (HIV) or any 25
other related virus identified as a probable causative agent of AIDS 26
which is otherwise permitted by statute, court rule or common law. 27
(cf: P.L.2013, c.140, s.1) 28
29
23. Section 3 of P.L.1979, c.396 (C.2C:46-4) is amended to read 30
as follows: 31
3. a. All fines, assessments imposed pursuant to section 2 of 32
P.L.1979, c.396 (C.2C:43-3.1), all penalties imposed pursuant to 33
section 1 of P.L.1999, c.295 (C.2C:43-3.5), all penalties imposed 34
pursuant to section 11 of P.L.2001, c.81 (C.2C:43-3.6), all penalties 35
imposed pursuant to section 1 of P.L.2005, c.73 (C.2C:14-10), all 36
penalties imposed pursuant to section 1 of P.L.2009, c.143 37
(C.2C:43-3.8), all penalties imposed pursuant to section 7 of 38
P.L.2013, c.214 (C.30:4-123.97), and restitution shall be collected 39
as follows: 40
(1) All fines, assessments imposed pursuant to section 2 of 41
P.L.1979, c.396 (C.2C:43-3.1), all penalties imposed pursuant to 42
section 1 of P.L.1999, c.295 (C.2C:43-3.5), all penalties imposed 43
pursuant to section 11 of P.L.2001, c.81 (C.2C:43-3.6), all penalties 44
imposed pursuant to section 1 of P.L.2005, c.73 (C.2C:14-10), all 45
penalties imposed pursuant to section 1 of P.L.2009, c.143 46
(C.2C:43-3.8), all penalties imposed pursuant to section 7 of 47
P.L.2013, c.214 (C.30:4-123.97), and restitution imposed by the 48
S2423 POU, MCKNIGHT
55
Superior Court or otherwise imposed at the county level, shall be 1
collected by the county probation division except when the fine, 2
assessment, or restitution is imposed in conjunction with a custodial 3
sentence to a State correctional facility or in conjunction with a 4
term of incarceration imposed pursuant to section 25 of P.L.1982, 5
c.77 (C.2A:4A-44) in which event the fine, assessment, or 6
restitution shall be collected by the Department of Corrections or 7
the [Juvenile] Youth Justice Commission established pursuant to 8
section 2 of P.L.1995, c.284 (C.52:17B-170). An adult prisoner of 9
a State correctional institution or a juvenile serving a term of 10
incarceration imposed pursuant to section 25 of P.L.1982, c.77 11
(C.2A:4A-44) who has not paid an assessment imposed pursuant to 12
section 2 of P.L.1979, c.396 (C.2C:43-3.1), a penalty imposed 13
pursuant to section 1 of P.L.1999, c.295 (C.2C:43-3.5), a penalty 14
imposed pursuant to section 1 of P.L.2005, c.73 (C.2C:14-10), a 15
penalty imposed pursuant to section 1 of P.L.2009, c.143 16
(C.2C:43-3.8), a penalty imposed pursuant to section 7 of P.L.2013, 17
c.214 (C.30:4-123.97), or restitution shall have the assessment, 18
penalty, fine, or restitution deducted from any income the inmate 19
receives as a result of labor performed at the institution or on any 20
type of work release program or, pursuant to regulations 21
promulgated by the Commissioner of the Department of Corrections 22
or the [Juvenile] Youth Justice Commission, from any personal 23
account established in the institution for the benefit of the inmate. 24
(a) A payment of restitution collected by the Department of 25
Corrections pursuant to this paragraph shall be maintained by the 26
department for two years during which the department shall attempt 27
to locate the victim to whom the restitution is owed. If the 28
department has not located the victim and the victim has not come 29
forward to claim the payment within this two-year period, the 30
payment shall be transferred to the Victims of Crime Compensation 31
Office Account to be used in satisfying claims pursuant to the 32
provisions of the "Criminal Injuries Compensation Act of 1971," 33
P.L.1971, c.317 (C.52:4B-1 et seq.). 34
(b) If the Department of Corrections has transferred a payment 35
of restitution to the Victims of Crime Compensation Office 36
pursuant to subparagraph (a) of this paragraph, the department shall 37
provide the office with the order for restitution and any other 38
information regarding the identity of the victim to whom the 39
payment is owed. The office shall be responsible for maintaining 40
this information and for distributing payments of restitution to 41
victims who can prove they are owed the payments. 42
(2) All fines, assessments imposed pursuant to section 2 of 43
P.L.1979, c.396 (C.2C:43-3.1), any penalty imposed pursuant to 44
section 1 of P.L.1999, c.295 (C.2C:43-3.5), and restitution imposed 45
by a municipal court shall be collected by the municipal court 46
administrator except if the fine, assessments imposed pursuant to 47
section 2 of P.L.1979, c.396 (C.2C:43-3.1), or restitution is ordered 48
S2423 POU, MCKNIGHT
56
as a condition of probation in which event it shall be collected by 1
the county probation division. 2
b. Except as provided in subsection c. with respect to fines 3
imposed on appeals following convictions in municipal courts and 4
except as provided in subsection i. with respect to restitution 5
imposed under the provisions of P.L.1997, c.253 (C.2C:43-3.4 et 6
al.), all fines imposed by the Superior Court or otherwise imposed 7
at the county level, shall be paid over by the officer entitled to 8
collect the fines to: 9
(1) The county treasurer with respect to fines imposed on 10
defendants who are sentenced to and serve a custodial term, 11
including a term as a condition of probation, in the county jail, 12
workhouse, or penitentiary except where such county sentence is 13
served concurrently with a sentence to a State institution; or 14
(2) The State Treasurer with respect to all other fines. 15
c. All fines imposed by municipal courts, except a central 16
municipal court established pursuant to N.J.S.2B:12-1 on 17
defendants convicted of crimes, disorderly persons offenses, and 18
petty disorderly persons offenses, and all fines imposed following 19
conviction on appeal therefrom, and all forfeitures of bail shall be 20
paid over by the officer entitled to collect the fines to the treasury 21
of the municipality wherein the municipal court is located. 22
In the case of an intermunicipal court, fines shall be paid into the 23
municipal treasury of the municipality in which the offense was 24
committed, and costs, fees, and forfeitures of bail shall be 25
apportioned among the several municipalities to which the court's 26
jurisdiction extends according to the ratios of the municipalities' 27
contributions to the total expense of maintaining the court. 28
In the case of a central municipal court, established by a county 29
pursuant to N.J.S.2B:12-1, all costs, fines, fees, and forfeitures of 30
bail shall be paid into the county treasury of the county where the 31
central municipal court is located. 32
d. All assessments imposed pursuant to section 2 of P.L.1979, 33
c.396 (C.2C:43-3.1) shall be forwarded and deposited as provided 34
in that section. 35
e. All mandatory Drug Enforcement and Demand Reduction 36
penalties imposed pursuant to N.J.S.2C:35-15 shall be forwarded 37
and deposited as provided for in that section. 38
f. All forensic laboratory fees assessed pursuant to 39
N.J.S.2C:35-20 shall be forwarded and deposited as provided for in 40
that section. 41
g. All restitution ordered to be paid to the Victims of Crime 42
Compensation Office pursuant to N.J.S.2C:44-2 shall be forwarded 43
to the office for deposit in the Victims of Crime Compensation 44
Office Account. 45
h. All assessments imposed pursuant to section 11 of P.L.1993, 46
c.220 (C.2C:43-3.2) shall be forwarded and deposited as provided 47
in that section. 48
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57
i. All restitution imposed on defendants under the provisions 1
of P.L.1997, c.253 (C.2C:43-3.4 et al.) for costs incurred by a law 2
enforcement entity in extraditing the defendant from another 3
jurisdiction shall be paid over by the officer entitled to collect the 4
restitution to the law enforcement entities which participated in the 5
extradition of the defendant. 6
j. All penalties imposed pursuant to section 1 of P.L.1999, 7
c.295 (C.2C:43-3.5) shall be forwarded and deposited as provided 8
in that section. 9
k. All penalties imposed pursuant to section 11 of P.L.2001, 10
c.81 (C.2C:43-3.6) shall be forwarded and deposited as provided in 11
that section. 12
l. All mandatory penalties imposed pursuant to section 1 of 13
P.L.2005, c.73 (C.2C:14-10) shall be forwarded and deposited as 14
provided in that section. 15
m. All mandatory Computer Crime Prevention penalties 16
imposed pursuant to section 1 of P.L.2009, c.143 (C.2C:43-3.8) 17
shall be forwarded and deposited as provided in that section. 18
n. All mandatory Sex Offender Supervision penalties imposed 19
pursuant to section 7 of P.L.2013, c.214 (C.30:4-123.97) shall be 20
forwarded and deposited as provided in that section. 21
(cf: P.L.2019, c.363, s.6) 22
23
24. Section 14 of P.L.1979, c.179 (C.2C:58-6.1) is amended to 24
read as follows: 25
14. a. No person under the age of 18 years shall purchase, barter 26
or otherwise acquire a firearm and no person under the age of 21 27
years shall purchase, barter or otherwise acquire a handgun, unless 28
the person is authorized to possess the handgun in connection with 29
the performance of official duties under the provisions of 30
N.J.S.2C:39-6. 31
b. No person under the age of 18 years shall possess, carry, fire 32
or use a firearm except as provided under paragraphs (1), (2), (3) 33
and (4) of this subsection; and, unless authorized in connection with 34
the performance of official duties under the provisions of 35
N.J.S.2C:39-6, no person under the age of 21 years shall possess, 36
carry, fire or use a handgun except under the following 37
circumstances: 38
(1) In the actual presence or under the direct supervision of his 39
father, mother or guardian, or some other person who holds a permit 40
to carry a handgun or a firearms purchaser identification card, as the 41
case may be; or 42
(2) For the purpose of military drill under the auspices of a 43
legally recognized military organization and under competent 44
supervision; or 45
(3) For the purpose of competition, target practice, instruction, 46
and training in and upon a firing range approved by the governing 47
body of the municipality in which the range is located or the 48
S2423 POU, MCKNIGHT
58
National Rifle Association and which is under competent 1
supervision at the time of such supervision or target practice or 2
instruction and training at any location; or 3
(4) For the purpose of hunting during the regularly designated 4
hunting season, provided that he possesses a valid hunting license 5
and has successfully completed a hunter's safety course taught by a 6
qualified instructor or conservation police officer and possesses a 7
certificate indicating the successful completion of such a course. 8
c. A person who violates this section shall be guilty of a crime 9
of the fourth degree. For purposes of this section the fact that the 10
act would not constitute a crime if committed by an adult shall not 11
be deemed to prohibit or require waiver of family court jurisdiction 12
pursuant to N.J.S.2C:4-11 or to preclude a finding of delinquency 13
under the "New Jersey Code of [Juvenile] Youth Justice," 14
P.L.1982, c.77 (C.2A:4A-20 et seq.), P.L.1982, c.79 (C.2A:4A-60 15
et seq.), P.L.1982, c.80 (C.2A:4A-76 et seq.) and P.L.1982, c.81 16
(C.2A:4A-70 et seq.). 17
(cf: P.L.2019, c.407, s.3) 18
19
25. Section 20 of P.L.1974, c.119 (C.9:6-8.40) is amended to 20
read as follows: 21
20. Records involving abuse or neglect. When the Department 22
of Children and Families receives a report or complaint that a child 23
may be abused or neglected; when the department provides services 24
to a child; or when the department receives a request from the 25
Superior Court, Chancery Division, Family Part to investigate an 26
allegation of abuse or neglect, the department may request of any 27
and all public or private institutions, or agencies including law 28
enforcement agencies, or any private practitioners, their records 29
past and present pertaining to that child and other children under the 30
same care, custody and control. The department shall not be 31
charged a fee for the copying of the records. Records kept pursuant 32
to the "New Jersey Code of [Juvenile] Youth Justice," P.L.1982, 33
c.77 (C.2A:4A-20 et seq.) may be obtained by the department, upon 34
issuance by a court of an order on good cause shown directing these 35
records to be released to the department for the purpose of aiding in 36
evaluation to determine if the child is abused or neglected. In the 37
release of the aforementioned records, the source shall have 38
immunity from any liability, civil or criminal. 39
(cf: P.L.2006, c.47, s.51) 40
41
26. Section 9 of P.L.1947, c.179 (C.9:22-9) is amended to read 42
as follows: 43
9. Any municipal youth guidance council having an adjustment 44
committee may petition the Superior Court, Chancery Division, 45
Family Part, in its discretion, to either: 46
S2423 POU, MCKNIGHT
59
A. Establish a schedule for a holding of juvenile hearings in a 1
suitable location chosen by the adjustment committee within the 2
limits of the petitioning municipality; or 3
B. Appoint a referee to hear and recommend disposition of any 4
cases specifically referred to the referee by the Family Part of the 5
county and any cases coming within the provisions of the "New 6
Jersey Code of [Juvenile] Youth Justice," P.L.1982, c. 77 7
(C.2A:4A-20 et seq.) arising within the limits of the petitioning 8
municipality. It shall be the duty of the petitioning municipality to 9
see that adequate diagnostic services shall be made available to 10
such children. 11
Any case requiring the detention of a child shall be referred to 12
the Family Part for hearing. 13
Upon receipt of a petition to appoint a referee the Family Part 14
shall proceed to appoint a member of the adjustment committee, or 15
some other suitable person, as referee, in accordance with 16
N.J.S.2A:4-12. Nothing in this provision shall limit the present 17
discretionary power of the Family Part to appoint referees on their 18
own initiative or to prevent such a court from hearing cases 19
scheduled to be heard in the petitioning municipality in place of the 20
referee so appointed by it. 21
(cf: P.L.1991, c.91, s.215) 22
23
27. Section 2 of P.L.1955, c.55 (C.9:23-2) is amended to read as 24
follows: 25
2. Pursuant to said compact, the Governor is hereby authorized 26
and empowered to designate an officer within the [Juvenile] Youth 27
Justice Commission established pursuant to section 2 of P.L.1995, 28
c.284 (C.52:17B-170) who shall be the compact administrator and 29
who, acting jointly with like officers of other party States, shall 30
promulgate rules and regulations to carry out more effectively the 31
terms of the compact. Said compact administrator shall serve 32
subject to the pleasure of the Governor. The compact administrator 33
is hereby authorized, empowered and directed to co-operate with all 34
departments, agencies and officers of and in the government of this 35
State and its political subdivisions in facilitating the proper 36
administration of the compact or of any supplementary agreement 37
or agreements entered into by this State thereunder. 38
(cf: P.L.1995, c.280, s.23) 39
40
28. Section 1 of P.L.2017, c.293 (C.11A:2-11.1) is amended to 41
read as follows: 42
1. a. The Civil Service Commission shall effectuate the 43
following title changes in the career service: 44
(1) Correction officer recruit shall be retitled as correctional 45
police officer; 46
(2) Senior correction officer shall be retitled as senior 47
correctional police officer; 48
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60
(3) Correction sergeant shall be retitled as correctional police 1
sergeant; 2
(4) Correction lieutenant shall be retitled as correctional police 3
lieutenant; 4
(5) Correction captain shall be retitled as correctional police 5
captain; 6
(6) Director of custody operations shall be retitled as 7
correctional police chief ; 8
(7) Correction officer apprentice shall be retitled as correctional 9
police officer apprentice; and 10
(8) Correction major shall be retitled as correctional police 11
major. 12
b. The title changes provided under this section shall apply to 13
all corrections officers employed by the New Jersey Department of 14
Corrections and the [Juvenile] Youth Justice Commission. 15
c. Any fees associated with the retitling pursuant to subsection 16
a. of this section shall be borne by the corrections officer whose 17
title is changed. 18
(cf: P.L.2017, c.293, s.1) 19
20
29. Section 6 P.L.1979, c.207 (C.18A:7B-2) is amended to read 21
as follows: 22
6. a. For each State-placed child who is resident in a district 23
and in a State facility on the last school day prior to October 16 of 24
the prebudget year, and for each district-placed child who is 25
resident in a district and in a State facility on the last school day 26
prior to October 16 of the budget year, the Commissioner of 27
Education shall deduct from the State aid payable to that district an 28
amount equal to the approved per pupil cost established pursuant to 29
the provisions of section 24 of P.L.1996, c.138 (C.18A:7F-24); 30
except that for a child in a county juvenile detention center, no 31
deduction shall be made until Fiscal Year 1999, in which year and 32
thereafter [50%] 50 percent of the per pupil cost shall be deducted. 33
b. If, for any district, the amount to be deducted pursuant to 34
subsection a. of this section is greater than State aid payable to the 35
district, the district shall pay to the Department of Education the 36
difference between the amount to be deducted and the State aid 37
payable to the district. 38
c. The amount deducted pursuant to subsection a. of this 39
section and the amount paid to the Department of Education 40
pursuant to subsection b. of this section shall be forwarded to the 41
Department of Human Services or the Department of Children and 42
Families, as applicable, if the facility is operated by or under 43
contract with that department, or to the Department of Corrections 44
if the facility is operated by or under contract with that department, 45
or to the [Juvenile] Youth Justice Commission established pursuant 46
to section 2 of P.L.1995, c.284 (C.52:17B-170) if the facility is 47
operated by or under contract with that commission, and shall serve 48
S2423 POU, MCKNIGHT
61
as payment by the district of tuition for the child. In the case of 1
county juvenile detention centers, the tuition shall be deemed to 2
supplement funds currently provided by the county for this purpose 3
under chapter 10 and chapter 11 of Title 9 of the Revised Statutes. 4
In Fiscal Year 1998, a county shall not decrease its level of 5
contribution as a result of the payment of tuition pursuant to this 6
section. In Fiscal Year 1999 and thereafter, a county shall be 7
required to pay [50%] 50 percent of the approved per pupil costs 8
established pursuant to the provisions of section 24 of P.L.1996, 9
c.138 (C.18A:7F-24) for the purpose of implementing chapters 10 10
and 11 of Title 9 of the Revised Statutes. Amounts so deducted 11
shall be used solely for the support of educational programs and 12
shall be maintained in a separate account for that purpose. No 13
district shall be responsible for the tuition of any child admitted by 14
the State to a State facility after the last school day prior to October 15
16 of the prebudget year. 16
(cf: P.L.2006, c.47, s.81) 17
18
30. Section 8 of P.L.1979, c.207 (C.18A:7B-4) is amended to 19
read as follow: 20
8. Funds received pursuant to this act by the Department of 21
Human Services, the Department of Children and Families, the 22
Department of Corrections or the [Juvenile] Youth Justice 23
Commission established pursuant to section 2 of P.L.1995, c.284 24
(C.52:17B-170) shall be used only for the salaries of teachers, 25
educational administrators at the program level, child study team 26
personnel, clerical staff assigned to child study teams or to 27
educational day programs, paraprofessionals assigned to 28
educational programs in State facilities, and for diagnostic services 29
required as part of the child study team evaluations and related 30
educational services personnel whose function requires an 31
educational certificate issued by the State Department of Education, 32
and for the costs of educational materials, supplies and equipment 33
for these programs. No such funds shall be used for the renovation 34
or construction of capital facilities, for the maintenance and 35
operation of educational facilities, or for custodial, habilitation or 36
other noneducational costs. 37
There are hereby authorized to be appropriated to the 38
Departments of Human Services, Children and Families and 39
Corrections such funds as may be necessary to provide for adult, 40
post-secondary and college programs. 41
(cf: P.L.2006, c.47, s.82) 42
43
31. Section 9 of P.L.1979, c.207 (C.18A:7B-5) is amended to 44
read as follows: 45
9. The Commissioner of Education, with the approval of the 46
State Board of Education, shall promulgate rules and regulations to 47
ensure a thorough and efficient education, consistent with the 48
S2423 POU, MCKNIGHT
62
provisions of P.L.2007, c.260 (C.18A:7F-43 et al.), for the children 1
in State facilities. In the case of county juvenile detention centers, 2
the Office of Education in the [Juvenile] Youth Justice 3
Commission shall develop, in consultation with the commissioner, 4
appropriate standards, to be effective for Fiscal Year 1999, for the 5
provision of a thorough and efficient education by the county for 6
facilities established under chapter 10 and chapter 11 of Title 9 of 7
the Revised Statutes. 8
The commissioner shall continually review the operation of 9
educational programs in State facilities. If he finds that the 10
operation of any of these programs does not meet the educational 11
standard required by the regulations, he shall direct that a remedial 12
plan be prepared by the education director of the facility in which 13
the program is located, together with the director of educational 14
services of the department which is operating or contracting with 15
the facility. The plan shall be submitted to the Commissioner of 16
Education for his approval. If he approves the plan, it shall be 17
implemented in a timely and effective manner. If he finds the plan 18
or its implementation to be insufficient, he may, until the 19
insufficiency is corrected, withhold and place in a special account 20
any State aid funds which otherwise would have been forwarded 21
pursuant to section 6 of P.L.1979, c.207. 22
(cf: P.L.2007, c.260, s.26) 23
24
32. Section 11 of P.L.1979, c.207 (C.18A:7B-7) is amended to 25
read as follows: 26
11. a. Any parent or guardian of a pupil in a State facility and 27
any pupil in a State facility between 18 and 20 years of age, may 28
request an administrative review on matters of educational 29
classification or educational program. 30
b. The administrative review process shall include the 31
following sequence: 32
(1) A conference with teaching staff members or child study 33
team personnel; 34
(2) A conference with the Director of Educational Services of 35
the Department of Human Services, the Department of Children and 36
Families, the Department of Corrections, or the [Juvenile] Youth 37
Justice Commission, whichever is appropriate; 38
(3) A hearing by the Commissioner of Education pursuant to 39
law and regulation. 40
c. The due process rights available to children, parents and 41
guardians in the public schools on matters of educational 42
classification or educational program shall be available to children, 43
parents and guardians in State facilities. 44
d. The placement of a child in a particular State facility shall 45
not be subject to an administrative review or hearing pursuant to 46
this section. 47
(cf: P.L.2006, c.47, s.83) 48
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63
33. Section 19 of P.L.1979, c.207 (C.18A:7B-12) is amended to 1
read as follows: 2
19. For school funding purposes, the Commissioner of 3
Education shall determine district of residence as follows: 4
a. (1) In the case of a child placed in a resource family home 5
prior to the effective date of P.L.2010, c.69 (C.30:4C-26b et al.), 6
the district of residence shall be the district in which the resource 7
family parents reside. If such a child in a resource family home is 8
subsequently placed in a State facility or by a State agency, the 9
district of residence of the child shall then be determined as if no 10
such resource family placement had occurred. 11
(2) In the case of a child placed in a resource family home on or 12
after the effective date of P.L.2010, c.69 (C.30:4C-26b et al.), the 13
district of residence shall be the present district of residence of the 14
parent or guardian with whom the child lived prior to the most 15
recent placement in a resource family home. 16
b. The district of residence for children who are in residential 17
State facilities, or who have been placed by State agencies in group 18
homes, skill development homes, private schools or out-of-State 19
facilities, shall be the present district of residence of the parent or 20
guardian with whom the child lived prior to his most recent 21
admission to a State facility or most recent placement by a State 22
agency. 23
c. The district of residence for children whose parent or 24
guardian temporarily moves from one school district to another as 25
the result of being homeless shall be the district in which the parent 26
or guardian last resided prior to becoming homeless. For the 27
purpose of this amendatory and supplementary act, "homeless" shall 28
mean an individual who temporarily lacks a fixed, regular and 29
adequate residence. 30
d. If the district of residence cannot be determined according to 31
the criteria contained herein, if the criteria contained herein identify 32
a district of residence outside of the State, or if the child has resided 33
in a domestic violence shelter, homeless shelter, or transitional 34
living facility located outside of the district of residence for more 35
than one year, the State shall assume fiscal responsibility for the 36
tuition of the child. The tuition shall equal the approved per pupil 37
cost established pursuant to section 24 of P.L.1996, c.138 38
(C.18A:7F-24). This amount shall be appropriated in the same 39
manner as other State aid under this act. The Department of 40
Education shall pay the amount to the Department of Human 41
Services, the Department of Children and Families, the Department 42
of Corrections or the [Juvenile] Youth Justice Commission 43
established pursuant to section 2 of P.L.1995, c.284 (C.52:17B-170) 44
or, in the case of a homeless child or a child in a family resource 45
home, the Department of Education shall pay to the school district 46
in which the child is enrolled the weighted base per pupil amount 47
calculated pursuant to section 7 of P.L.2007, c.260 (C.18A:7F-49) 48
S2423 POU, MCKNIGHT
64
and the appropriate security categorical aid per pupil and special 1
education categorical aid per pupil. 2
e. If the State has assumed fiscal responsibility for the tuition 3
of a child in a private educational facility approved by the 4
Department of Education to serve children who are classified as 5
needing special education services, the department shall pay to the 6
Department of Human Services, the Department of Children and 7
Families or the [Juvenile] Youth Justice Commission, as 8
appropriate, the aid specified in subsection d. of this section and in 9
addition, such aid as required to make the total amount of aid equal 10
to the actual cost of the tuition. 11
(cf: P.L.2017, c.83, s.1) 12
13
34. Section 20 of P.L.1979, c.207 (C.18A:7B-13) is amended to 14
read as follows: 15
20. Beginning in the school year 1997-98, the Commissioner of 16
Education shall annually report to the Legislature, describing the 17
condition of educational programs in State facilities, the efforts of 18
the Departments of Corrections, Children and Families, and Human 19
Services and the [Juvenile] Youth Justice Commission in meeting 20
the standards of a thorough and efficient education in these 21
facilities, the steps underway to correct any deficiencies in their 22
educational programs, and the progress of the educational programs 23
in New Jersey State facilities in comparison with those in the state 24
facilities of other states. At that time the commissioner shall 25
recommend to the Legislature any necessary or desirable changes or 26
modifications in P.L.1979, c.207 (C.18A:7B-1 et al.). 27
(cf: P.L.2006, c.47, s.86) 28
29
35. Section 1 of P.L.2005, c.265 (C.18A:7C-12) is amended to 30
read as follows: 31
1. Notwithstanding any provision of law to the contrary, in the 32
case of a student enrolled in an educational program in a county 33
juvenile detention center that meets the standards for a thorough 34
and efficient education developed by the Office of Education in the 35
[Juvenile] Youth Justice Commission, in consultation with the 36
Commissioner of Education, pursuant to section 9 of P.L. 1979, 37
c.207 (C.18A:7B-5), who subsequently enrolls in a public school 38
district, the district shall accept all days of attendance and courses 39
studied by the student at the county juvenile detention center and 40
apply them toward district requirements for elementary, middle, or 41
high school graduation. 42
(cf: P.L.2005, c.265, s.1) 43
44
36. Section 24 of P.L.1996, c.138 (C.18A:7F-24) is amended to 45
read as follows: 46
24. Annually by December 15, the Department of Corrections, 47
the Department of Human Services, the Department of Children and 48
S2423 POU, MCKNIGHT
65
Families and the [Juvenile] Youth Justice Commission shall each 1
submit to the commissioner for approval, with respect to the 2
facilities under their operational or supervisional authority, a budget 3
for educational programs as set forth in section 8 of P.L.1979, c.207 4
(C.18A:7B-4) for the subsequent year, together with enrollments 5
and per pupil costs. For the purposes of calculating a per pupil cost, 6
enrollment shall be based on the number of pupils in the State 7
facility on the last school day prior to October 16 of the prebudget 8
year. In the subsequent year, pursuant to P.L.1979, c.207 9
(C.18A:7B-1 et seq.) for students resident in a district, approved per 10
pupil amounts shall be deducted from each school district's State aid 11
and remitted to the appropriate agency, except that for county 12
juvenile detention centers, no deduction shall be made until Fiscal 13
Year 1999; in that year and thereafter, [50%] 50 percent of 14
approved per pupil amounts shall be deducted and remitted to the 15
[Juvenile] Youth Justice Commission. 16
(cf: P.L.2006, c.47, s.89) 17
18
37. Section 3 of P.L.2007, c.260 (C.18A:7F-45) is amended to 19
read as follows: 20
3. As used in this act and P.L.1996, c.138, unless the context 21
clearly requires a different meaning: 22
"At-risk pupils" means those resident pupils from households 23
with a household income at or below the most recent federal 24
poverty guidelines available on October 15 of the prebudget year 25
multiplied by 1.85; 26
"Base per pupil amount" means the cost per elementary pupil of 27
delivering the core curriculum content standards and extracurricular 28
and cocurricular activities necessary for a thorough and efficient 29
education; 30
"Bilingual education pupil" means a resident pupil enrolled in a 31
program of bilingual education or in an English as a second 32
language program approved by the State Board of Education; 33
"Budgeted local share" means the district's local tax levy 34
contained in the budget certified for taxation purposes; 35
"Capital outlay" means capital outlay as defined in GAAP; 36
"Combination pupil" means a resident pupil who is both an at-37
risk pupil and a bilingual education pupil; 38
"Commissioner" means the Commissioner of Education; 39
"Concentration of at-risk pupils" shall be based on prebudget 40
year pupil data and means, for a school district or a county 41
vocational school district, the number of at-risk pupils among those 42
counted in resident enrollment, divided by resident enrollment; 43
"County special services school district" means any entity 44
established pursuant to article 8 of chapter 46 of Title 18A of the 45
New Jersey Statutes; 46
S2423 POU, MCKNIGHT
66
"County vocational school district" means any entity established 1
pursuant to article 3 of chapter 54 of Title 18A of the New Jersey 2
Statutes; 3
"CPI" means the increase, expressed as a decimal, in the average 4
annualized consumer price index for the New York City and 5
Philadelphia areas in the fiscal year preceding the prebudget year 6
relative to the previous fiscal year as reported by the United States 7
Department of Labor; 8
"Debt service" means payments of principal and interest upon 9
school bonds and other obligations issued to finance the purchase or 10
construction of school facilities, additions to school facilities, or the 11
reconstruction, remodeling, alteration, modernization, renovation or 12
repair of school facilities, including furnishings, equipment, 13
architect fees, and the costs of issuance of such obligations and 14
shall include payments of principal and interest upon bonds 15
heretofore issued to fund or refund such obligations, and upon 16
municipal bonds and other obligations which the commissioner 17
approves as having been issued for such purposes; 18
"District income" means the aggregate income of the residents of 19
the taxing district or taxing districts, based upon data provided by 20
the Division of Taxation in the New Jersey Department of the 21
Treasury and contained on the New Jersey State Income Tax forms 22
for the calendar year ending two years prior to the prebudget year. 23
The commissioner may supplement data contained on the State 24
Income Tax forms with data available from other State or federal 25
agencies in order to better correlate the data to that collected on the 26
federal census. With respect to regional districts and their 27
constituent districts, however, the district income as described 28
above shall be allocated among the regional and constituent districts 29
in proportion to the number of pupils resident in each of them; 30
"Equalized valuation" means the equalized valuation of the 31
taxing district or taxing districts, as certified by the Director of the 32
Division of Taxation on October 1, or subsequently revised by the 33
tax court by January 15, of the prebudget year. With respect to 34
regional districts and their constituent districts, however, the 35
equalized valuations as described above shall be allocated among 36
the regional and constituent districts in proportion to the number of 37
pupils resident in each of them. In the event that the equalized table 38
certified by the director shall be revised by the tax court after 39
January 15 of the prebudget year, the revised valuations shall be 40
used in the recomputation of aid for an individual school district 41
filing an appeal, but shall have no effect upon the calculation of the 42
property value rate, Statewide average equalized school tax rate, or 43
Statewide equalized total tax rate; 44
"Full-day preschool" means a preschool day consisting of a six-45
hour comprehensive educational program in accordance with the 46
district's kindergarten through grade 12 school calendar; 47
S2423 POU, MCKNIGHT
67
"GAAP" means the generally accepted accounting principles 1
established by the Governmental Accounting Standards Board as 2
prescribed by the State board pursuant to N.J.S.18A:4-14; 3
"General special education services pupil" means a pupil 4
receiving specific services pursuant to chapter 46 of Title 18A of 5
the New Jersey Statutes; 6
"Geographic cost adjustment" means an adjustment that reflects 7
county differences in the cost of providing educational services that 8
are outside the control of the district; 9
"Household income" means income as defined in 7 CFR ss.245.2 10
and 245.6 or any subsequent superseding federal law or regulation; 11
"Net budget" means the sum of the district's general fund tax 12
levy, State aid received pursuant to the provisions of this act other 13
than preschool education aid, miscellaneous revenue estimated 14
pursuant to GAAP, and designated general fund balance; 15
"Prebudget year" means the school fiscal year preceding the year 16
in which the school budget is implemented; 17
"Nonpreschool ECPA" means the amount of early childhood 18
program aid, excluding prior year carry-forward amounts, included 19
in a district's 2007-2008 school year budget certified for taxes that 20
was allocated to grades K through 3; 21
"Report" means the Educational Adequacy Report issued by the 22
commissioner pursuant to section 4 of this act; 23
"Resident enrollment" means the number of pupils other than 24
preschool pupils, post-graduate pupils, and post-secondary 25
vocational pupils who, on the last school day prior to October 16 of 26
the current school year, are residents of the district and are enrolled 27
in: (1) the public schools of the district, excluding evening schools, 28
(2) another school district, other than a county vocational school 29
district in the same county on a full-time basis, or a State college 30
demonstration school or private school to which the district of 31
residence pays tuition, or (3) a State facility in which they are 32
placed by the district; or are residents of the district and are: (1) 33
receiving home instruction, or (2) in a shared-time vocational 34
program and are regularly attending a school in the district and a 35
county vocational school district. In addition, resident enrollment 36
shall include the number of pupils who, on the last school day prior 37
to October 16 of the prebudget year, are residents of the district and 38
in a State facility in which they were placed by the State. Pupils in 39
a shared-time vocational program shall be counted on an equated 40
full-time basis in accordance with procedures to be established by 41
the commissioner. Resident enrollment shall include regardless of 42
nonresidence, the enrolled children of teaching staff members of the 43
school district or county vocational school district who are 44
permitted, by contract or local district policy, to enroll their 45
children in the educational program of the school district or county 46
vocational school district without payment of tuition. Disabled 47
children between three and five years of age and receiving programs 48
S2423 POU, MCKNIGHT
68
and services pursuant to N.J.S.18A:46-6 shall be included in the 1
resident enrollment of the district; 2
"School district" means any local or regional school district 3
established pursuant to chapter 8 or chapter 13 of Title 18A of the 4
New Jersey Statutes; 5
"State facility" means a State developmental center, a State 6
Division of Youth and Family Services' residential center, a State 7
residential mental health center, a Department of Children and 8
Families Regional Day School, a State training school/secure care 9
facility, a State juvenile community program, a juvenile detention 10
center or a boot camp under the supervisional authority of the 11
[Juvenile] Youth Justice Commission pursuant to P.L.1995, c.284 12
(C.52:17B-169 et seq.), or an institution operated by or under 13
contract with the Department of Corrections, Children and Families 14
or Human Services, or the [Juvenile] Youth Justice Commission; 15
"Statewide equalized school tax rate" means the amount 16
calculated by dividing the general fund tax levy for all school 17
districts, which excludes county vocational school districts and 18
county special services school districts as defined pursuant to this 19
section, in the State for the prebudget year by the equalized 20
valuations certified in the year prior to the prebudget year of all 21
taxing districts in the State except taxing districts for which there 22
are not school tax levies; 23
"Tax levy growth limitation" means the permitted annual 24
increase in the adjusted tax levy for a school district as calculated 25
pursuant to sections 3 and 4 of P.L.2007, c.62 (C.18A:7F-38 and 26
18A:7F-39). 27
(cf: P.L.2010, c.44, s.6) 28
29
38. N.J.S.18A:47-4 is amended to read as follows: 30
18A:47-4. Such special school shall receive, restrain, and 31
instruct dependent delinquent children, and children under the age 32
of 16 years, committed to such school by the Superior Court, 33
Chancery Division, Family Part pursuant to the "New Jersey Code 34
of [Juvenile] Youth Justice," P.L.1982, c. 77 (C.2A:4A-20 et seq.). 35
If in the judgment of the court the best interests of a child 36
demand that the special school have the entire charge and control of 37
the child, the court may take the custody of the child from its 38
parents or guardian and give it, for an indeterminate period, to the 39
board of education having control of the special school. When in 40
the judgment of the board the conduct of the child has so improved 41
that it should be permitted to attend the regular public schools, it 42
may return the child to the custody of its parents or guardian. 43
Any child, under the age of 16 years, arrested for any cause 44
except murder or manslaughter, and pupils habitually truant or 45
incorrigible, may, by order of the Family Part be held in the school 46
until final judgment. 47
(cf: P.L.1991, c.91, s.235) 48
S2423 POU, MCKNIGHT
69
39. Section 2 of P.L.2005, c.157 (C.18A:71B-88) is amended to 1
read as follows: 2
2. The Legislature finds and declares that: 3
a. A qualified and stable work force in public facilities and 4
nonprofit social services agencies is essential to ensure the provision 5
of quality services to persons in need of services, including persons 6
with mental illness, developmental disabilities or other disabilities, 7
persons in need of substance use disorder treatment and juveniles 8
under the custody and care of the [Juvenile] Youth Justice 9
Commission; 10
b. These public facilities and social services agencies are 11
currently facing a personnel crisis, which is expected to worsen in the 12
next two decades; 13
c. The entry-level and on-going salaries offered by these public 14
facilities and social services agencies to direct care professionals are 15
not always competitive with those offered in the private for profit 16
sector, which limits the ability of these facilities and agencies to attract 17
and retain qualified direct care professionals; 18
d. Loan redemption programs can address the economic hardship 19
of direct care professionals performing critical work in low-paying 20
jobs, who in many instances are forced, because of their high loan debt 21
and low incomes, to reject or abandon employment in the public 22
sector, which is in great need of their skills and knowledge, for 23
employment that is more financially rewarding; 24
e. The departure of these skilled direct care professionals from 25
the public and nonprofit sector is, in many cases, a loss to their own 26
sense of personal fulfillment, to the consumers that they serve, and to 27
society at large; and 28
f. The establishment by this State of a loan redemption program 29
for direct care professionals employed in public facilities and nonprofit 30
agencies that contract with the Department of Human Services and the 31
[Juvenile] Youth Justice Commission is essential to address the need 32
for the continued provision of high-quality services by these skilled 33
and knowledgeable professionals. 34
(cf: P.L.2023, c.177, s.52) 35
36
40. Section 3 of P.L.2005, c.157 (C.18A:71B-89) is amended to 37
read as follows: 38
3. As used in this act: 39
"Approved course of study" means: an undergraduate program 40
leading to a bachelor's degree offered by a four-year public or 41
independent institution of higher education; or a graduate program 42
leading to a master's degree, which is offered by a public or 43
independent institution of higher education, in a human services 44
discipline such as social work, psychology or counseling, or a 45
health-related profession such as occupational, physical or speech 46
therapy. 47
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70
"Approved employment" means postgraduate, full -time 1
employment as a direct care professional in a qualified facility. The 2
term shall not include a paid student internship, paid fellowship, 3
volunteer service or employment before graduation. 4
"Authority" means the Higher Education Student Assistance 5
Authority established pursuant to N.J.S.18A:71A-3. 6
"Direct care professional" means a professional staff member at 7
a qualified facility who provides one or more of the following 8
services to eligible persons: counseling; physical, occupational, 9
recreational or speech therapy; case management; vocational 10
training; assistance with activities of daily living; medication 11
management; budgeting assistance; addiction treatment services; 12
nutrition; and other clinical services. 13
"Eligible student loan expenses" mean the cumulative total of the 14
annual student loans, covering the cost of attendance while enrolled 15
in an approved course of study. Interest paid or due on student 16
loans that a program participant has taken out for use in paying the 17
costs of attendance at an institution of higher education shall be 18
considered eligible for reimbursement under the program. 19
"Program" means the Social Services Student Loan Redemption 20
Program established pursuant to this act. 21
"Program participant" means a person who meets the 22
requirements of the program. 23
"Qualified facility" means: 24
a. a facility operated by the Department of Human Services 25
that provides direct care services to persons served by the 26
department; 27
b. a county psychiatric hospital; 28
c. a facility operated by the [Juvenile] Youth Justice 29
Commission; 30
d. a veterans' memorial home operated by the Department of 31
Military and Veterans' Affairs; and 32
e. a nonprofit agency in the State that contracts with the 33
Department of Human Services or the [Juvenile] Youth Justice 34
Commission to provide direct care services to persons served by the 35
department or commission. 36
(cf: P.L.2005, c.157, s.3) 37
38
41. Section 4 of P.L.2005, c.157 (C.18A:71B-90) is amended to 39
read as follows: 40
4. There is established the Social Services Student Loan 41
Redemption Program within the Higher Education Student 42
Assistance Authority. 43
The purpose of the program is to address the current and 44
projected critical shortage of direct care professionals in the State 45
by providing an incentive for persons to engage in employment at 46
certain public facilities, and nonprofit social services agencies 47
under contract with the Department of Human Services or the 48
S2423 POU, MCKNIGHT
71
[Juvenile] Youth Justice Commission, so as to ensure that State 1
residents who are in need of direct care services at these facilities 2
and agencies have sufficient, qualified professional staff in order to 3
provide the needed services. 4
The program shall provide loan redemption to finance the 5
undergraduate or graduate study of program participants in 6
exchange for full-time employment as a direct care professional at a 7
qualified facility following completion of an approved course of 8
study. 9
(cf: P.L.2005, c.157, s.4) 10
11
42. Section 10 of P.L.2005, c.157 (C.18A:71B-96) is amended 12
to read as follows: 13
10. The Higher Education Student Assistance Authority, in 14
consultation with the Commissioner of Human Services and the 15
executive director of the [Juvenile] Youth Justice Commission, 16
pursuant to the "Administrative Procedure Act," P.L.1968, c.410 17
(C.52:14B-1 et seq.) shall adopt rules and regulations necessary to 18
implement the provisions of this act, including eligibility criteria for 19
the program, procedures for determining the amount of the loan 20
redemption award, and the types of direct care professional 21
positions that qualify for the program. 22
(cf: P.L.2005, c.157, s.10) 23
24
43. Section 10 of P.L.2009, c.329 (C.30:4-6.2) is amended to 25
read as follows: 26
10. a. To assist and advise in issues pertaining to prisoner 27
reentry, there is established in the Department of Corrections an 28
advisory commission to be known as the "Prisoner Reentry 29
Commission." The purpose of the commission shall be to review, 30
study, and offer solutions to problems facing prisoners re-entering 31
society, including, but not limited to determining whether: 32
(1) New Jersey should seek a federal waiver under Section 1115 33
of the Social Security Act to expand Medicaid eligibility to non-34
disabled adults, to leverage additional federal funds in order to 35
target high risk populations; 36
(2) Health care and treatment resources for former prisoners are 37
adequate and if not, methods by which they can be improved; 38
(3) The prison population can be incorporated fully into New 39
Jersey's workforce development strategy; and 40
(4) Sources of funding intended for the same populations and 41
communities could be tapped, coordinated and leveraged 42
effectively. 43
b. In addition, the commission shall: 44
(1) Evaluate and provide recommendations for special issues 45
concerning juvenile reentry; 46
(2) Evaluate and make recommendations concerning current law 47
on juvenile waiver; and 48
S2423 POU, MCKNIGHT
72
(3) Evaluate and provide recommendations for inter-agency 1
communication, information sharing, and problem solving. 2
c. (1) The advisory commission shall consist of 18 members as 3
follows: 4
(a) The Attorney General or his designee, who shall serve ex 5
officio; 6
(b) The Secretary of State or his designee, who shall serve ex 7
officio; 8
(c) The Commissioner of Corrections or his designee, who shall 9
serve ex officio; 10
(d) The Commissioner of Human Services or his designee, who 11
shall serve ex officio; 12
(e) The Commissioner of Labor and Workforce Development or 13
his designee, who shall serve ex officio; 14
(f) The Commissioner of Community Affairs or his designee, 15
who shall serve ex officio; 16
(g) The Commissioner of Education or his designee, who shall 17
serve ex officio; 18
(h) Two members of the Senate, to be appointed by the 19
President of the Senate, who shall each be of different political 20
parties; 21
(i) Two members of the General Assembly, to be appointed by 22
the Speaker of the General Assembly, who shall each be of different 23
political parties; 24
(j) The Chairman of the State Parole Board or his designee, 25
who shall serve ex officio; 26
(k) The Executive Director of the [Juvenile] Youth Justice 27
Commission or his designee, who shall serve ex officio; 28
(l) The Executive Director of the Housing and Mortgage 29
Finance Agency or his designee, who shall serve ex officio; 30
(m) The New Jersey Public Defender or his designee, who shall 31
serve ex officio; 32
(n) One representative from the New Jersey Institute for Social 33
Justice; and 34
(o) Two public members, who by experience or training have 35
expertise in issues facing former prisoners, to be appointed by the 36
Governor. 37
(2) The Governor shall designate one member as chairman and 38
two members as vice-chairmen of the commission from among the 39
members listed in this subsection. 40
(3) The public members shall be appointed for a five-year term. 41
Vacancies in the membership of the advisory commission shall be 42
filled in the same manner provided for in the original appointments. 43
The members of the advisory commission shall serve without 44
compensation but may be reimbursed for travel and other 45
miscellaneous expenses necessary to perform their duties, within 46
the limits of funds made available to the advisory commission for 47
its purposes. 48
S2423 POU, MCKNIGHT
73
(4) A member of the commission may be removed for good 1
cause. 2
d. The commission may meet at the call of its chair and hold 3
hearings at the times and in the places it may deem appropriate and 4
necessary to fulfill its charge. The advisory commission shall be 5
entitled to call to its assistance, and avail itself of the services of, 6
the employees of any State, county or municipal department, board, 7
bureau, commission or agency as it may require and as may be 8
available to it for its purposes. 9
e. The commission shall annually submit a report to the 10
Governor and the Legislature pursuant to section 2 of P.L.1991, 11
c.164 (C.52:14-19.1) along with any recommendations it deems 12
appropriate, including any legislative proposals it may wish to 13
make. 14
(cf: P.L.2009, c.329, s.10) 15
16
44. Section 3 of P.L.1998, c.71 (C.30:4-27.26) is amended to 17
read as follows: 18
3. As used in this act: 19
"Agency with jurisdiction" means the agency which releases 20
upon lawful order or authority a person who is serving a sentence or 21
term of confinement, or is otherwise being detained or maintained 22
in custody. This term includes the Department of Corrections or a 23
county correctional facility, the [Juvenile] Youth Justice 24
Commission or a county juvenile detention facility, and the 25
Department of Human Services. "Attorney General" means the 26
Attorney General or a county prosecutor to whom the Attorney 27
General has delegated authority under this act. 28
"Clinical certificate for a sexually violent predator" means a 29
form prepared by the Division of Mental Health Services in the 30
Department of Human Services and approved by the Administrative 31
Office of the Courts, that is completed by the psychiatrist or other 32
physician who has examined the person who is subject to 33
commitment within three days of presenting the person for 34
admission to a facility for treatment, and which states that the 35
person is a sexually violent predator in need of involuntary 36
commitment. The form shall also state the specific facts upon which 37
the examining physician has based that conclusion and shall be 38
certified in accordance with the Rules Governing the Courts of the 39
State of New Jersey. A clinical certificate for a sexually violent 40
predator may not be executed by an individual who is a relative by 41
blood or marriage to the person who is being examined. 42
"Likely to engage in acts of sexual violence" means the 43
propensity of a person to commit acts of sexual violence is of such 44
a degree as to pose a threat to the health and safety of others. 45
"Mental abnormality" means a mental condition that affects a 46
person's emotional, cognitive or volitional capacity in a manner that 47
predisposes that person to commit acts of sexual violence. 48
S2423 POU, MCKNIGHT
74
"Person" means an individual 18 years of age or older who is a 1
potential or actual subject of proceedings under this act. 2
"Psychiatrist" means a physician who has completed the training 3
requirements of the American Board of Psychiatry and Neurology. 4
"Sexually violent offense" means: 5
(a) aggravated sexual assault; sexual assault; aggravated 6
criminal sexual contact; kidnapping pursuant to subparagraph (b) of 7
paragraph (2) of subsection c. of N.J.S.2C:13-1; criminal sexual 8
contact; felony murder pursuant to paragraph (3) of N.J.S.2C:11-3 9
if the underlying crime is sexual assault; an attempt to commit any 10
of these enumerated offenses; or a criminal offense with 11
substantially the same elements as any offense enumerated above, 12
entered or imposed under the laws of the United States, this State or 13
another state; or 14
(b) any offense for which the court makes a specific finding on 15
the record that, based on the circumstances of the case, the person's 16
offense should be considered a sexually violent offense. 17
"Sexually violent predator" means a person who has been 18
convicted, adjudicated delinquent or found not guilty by reason of 19
insanity for commission of a sexually violent offense, or has been 20
charged with a sexually violent offense but found to be incompetent 21
to stand trial, and suffers from a mental abnormality or personality 22
disorder that makes the person likely to engage in acts of sexual 23
violence if not confined in a secure facility for control, care and 24
treatment. 25
"Treatment team" means the individuals, agencies or firms which 26
provide treatment, supervision or other services at a facility 27
designated for the custody, care and treatment of sexually violent 28
predators. 29
(cf: P.L.1998, c.71, s.3) 30
31
45. Section 4 of P.L.1994, c.134 (C.30:4-82.4) is amended to 32
read as follows: 33
4. a. In order to ensure that adult and juvenile inmates who are 34
dangerous to themselves or others because of mental illness and 35
who are "in need of involuntary commitment" within the meaning 36
of section 2 of P.L.1987, c.116 (C.30:4-27.2) or who are "sexually 37
violent predators" within the meaning of section 3 of P.L.1998, c.71 38
(C.30:4-27.26), are not released without appropriate supervision 39
and treatment, the board, the Commissioner of the Department of 40
Corrections, the Attorney General, the [Juvenile] Youth Justice 41
Commission established pursuant to section 2 of P.L.1995, c.284 42
(C.52:17B-170) and county prosecutors shall follow the procedures 43
set forth in this section. 44
b. When an adult or juvenile inmate is scheduled for release 45
due to expiration of the inmate's maximum term, the commissioner 46
or the [Juvenile] Youth Justice Commission shall notify the 47
S2423 POU, MCKNIGHT
75
Attorney General and the prosecutor of the county from which the 1
person was committed if: 2
(1) The adult inmate's term includes a sentence imposed for 3
conviction of aggravated sexual assault, sexual assault or 4
aggravated criminal sexual contact and the court imposing sentence 5
found that the offender's conduct was characterized by a pattern of 6
repetitive, compulsive behavior; 7
(2) The parole board or the superintendent of the facility in 8
which the inmate has been confined has advised the commissioner 9
or the [Juvenile] Youth Justice Commission that the conduct of the 10
inmate during the period of confinement, the inmate's mental 11
condition or the inmate's past history indicates that the inmate may 12
be "in need of involuntary commitment" within the meaning of 13
section 2 of P.L.1987, c.116 (C.30:4-27.2); or 14
(3) The inmate's term includes a sentence imposed for 15
conviction of a "sexually violent offense" as defined in section 3 of 16
P.L.1998, c.71 (C.30:4-27.26). 17
c. Notice required by subsection b. shall be given no less than 18
90 days before the date on which the inmate's maximum term is 19
scheduled to expire. 20
d. When such notice is given, the board, the [Juvenile] Youth 21
Justice Commission or the commissioner shall provide the Attorney 22
General and county prosecutor with all information relevant to a 23
determination of whether the inmate may be "in need of involuntary 24
commitment" or may be a "sexually violent predator", including, 25
without regard to classification as confidential pursuant to 26
regulations of the board, of the Department of Corrections or the 27
[Juvenile] Youth Justice Commission, any preparole report, 28
psychological and medical records, any statement of the reasons for 29
denial of parole and, if applicable, a statement of the reasons for the 30
determination that the inmate may be "in need of involuntary 31
commitment" or may be a "sexually violent predator". 32
e. If the Attorney General or county prosecutor determines, on 33
the basis of the information provided pursuant to this section or 34
N.J.S.2C:47-5, that the inmate may be "in need of involuntary 35
commitment" or may be a "sexually violent predator", the 36
Commissioner of Corrections or the [Juvenile] Youth Justice 37
Commission, upon request of the Attorney General or county 38
prosecutor shall: 39
(1) Permit persons qualified to execute clinical certificates 40
necessary for civil commitment to examine the inmate in the 41
institution in which he is confined; or 42
(2) Pursuant to section 2 of P.L.1986, c.71 (C.30:4-82.2), 43
arrange for persons qualified to execute clinical certificates 44
necessary for civil commitment to examine the inmate. 45
f. In the interests of the public safety and the well-being of the 46
inmate, the Attorney General or county prosecutor may exercise 47
S2423 POU, MCKNIGHT
76
discretion to obtain an assessment of the inmate's condition by one 1
or more of the means set forth in subsection e. of this section. 2
g. The Attorney General or county prosecutor shall provide a 3
psychiatrist or physician assessing or examining an inmate pursuant 4
to this section with all information relevant to the inmate's need of 5
involuntary commitment, including information concerning the 6
inmate's condition, history, recent behavior and any recent act or 7
threat. Any person who assesses or examines an inmate pursuant to 8
this section shall provide the Attorney General and county 9
prosecutor with a written report detailing the person's findings and 10
conclusions. 11
h. (1) All information, documents and records concerning the 12
inmate's mental condition or classified as confidential pursuant to 13
regulations of the board, of the Department of Corrections or the 14
[Juvenile] Youth Justice Commission that are received or provided 15
pursuant to this section or N.J.S.2C:47-5 shall be deemed 16
confidential. 17
(2) Unless authorized or required by court order or except as 18
required in the course of judicial proceedings relating to the 19
inmate's commitment or release, disclosure of such information, 20
documents and records shall be limited to professionals evaluating 21
the inmate's condition pursuant to this section, the Attorney 22
General, county prosecutor and members of their respective staffs 23
as necessary to the performance of duties imposed pursuant to this 24
section. 25
i. Any person acting in good faith who has provided 26
information relevant to an inmate's need of involuntary commitment 27
or as to whether the inmate is a sexually violent predator or has 28
taken good faith steps to assess an inmate's need of involuntary 29
commitment or whether the inmate is a sexually violent predator is 30
immune from civil and criminal liability. 31
(cf: P.L.1998, c.71, s.17) 32
33
[46. Section 4 of P.L.1994, c.134 (C.30:4-82.4) is 34
amended to read as follows: 35
4. a. In order to ensure that adult and juvenile inmates who are 36
dangerous to themselves or others because of mental illness and 37
who are "in need of involuntary commitment" within the meaning 38
of section 2 of P.L.1987, c.116 (C.30:4-27.2) or who are "sexually 39
violent predators" within the meaning of section 3 of P.L.1998, c.71 40
(C.30:4-27.26), are not released without appropriate supervision 41
and treatment, the board, the Commissioner of the Department of 42
Corrections, the Attorney General, the [Juvenile] Youth Justice 43
Commission established pursuant to section 2 of P.L.1995, c.284 44
(C.52:17B-170) and county prosecutors shall follow the procedures 45
set forth in this section. 46
b. When an adult or juvenile inmate is scheduled for release 47
due to expiration of the inmate's maximum term, the commissioner 48
S2423 POU, MCKNIGHT
77
or the [Juvenile] Youth Justice Commission shall notify the 1
Attorney General and the prosecutor of the county from which the 2
person was committed if: 3
(1) The adult inmate's term includes a sentence imposed for 4
conviction of aggravated sexual assault, sexual assault or 5
aggravated criminal sexual contact and the court imposing sentence 6
found that the offender's conduct was characterized by a pattern of 7
repetitive, compulsive behavior; 8
(2) The parole board or the superintendent of the facility in 9
which the inmate has been confined has advised the commissioner 10
or the [Juvenile] Youth Justice Commission that the conduct of the 11
inmate during the period of confinement, the inmate's mental 12
condition or the inmate's past history indicates that the inmate may 13
be "in need of involuntary commitment" within the meaning of 14
section 2 of P.L.1987, c.116 (C.30:4-27.2); or 15
(3) The inmate's term includes a sentence imposed for 16
conviction of a "sexually violent offense" as defined in section 3 of 17
P.L.1998, c.71 (C.30:4-27.26). 18
c. Notice required by subsection b. shall be given no less than 19
90 days before the date on which the inmate's maximum term is 20
scheduled to expire. 21
d. When such notice is given, the board, the [Juvenile] Youth 22
Justice Commission or the commissioner shall provide the Attorney 23
General and county prosecutor with all information relevant to a 24
determination of whether the inmate may be "in need of involuntary 25
commitment" or may be a "sexually violent predator", including, 26
without regard to classification as confidential pursuant to 27
regulations of the board, of the Department of Corrections or the 28
[Juvenile] Youth Justice Commission, any preparole report, 29
psychological and medical records, any statement of the reasons for 30
denial of parole and, if applicable, a statement of the reasons for the 31
determination that the inmate may be "in need of involuntary 32
commitment" or may be a "sexually violent predator". 33
e. If the Attorney General or county prosecutor determines, on 34
the basis of the information provided pursuant to this section or 35
N.J.S.2C:47-5, that the inmate may be "in need of involuntary 36
commitment" or may be a "sexually violent predator", the 37
Commissioner of Corrections or the [Juvenile] Youth Justice 38
Commission, upon request of the Attorney General or county 39
prosecutor shall: 40
(1) Permit persons qualified to execute clinical certificates 41
necessary for civil commitment to examine the inmate in the 42
institution in which he is confined; or 43
(2) Pursuant to section 2 of P.L.1986, c.71 (C.30:4-82.2), 44
arrange for persons qualified to execute clinical certificates 45
necessary for civil commitment to examine the inmate. 46
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78
f. In the interests of the public safety and the well-being of the 1
inmate, the Attorney General or county prosecutor may exercise 2
discretion to obtain an assessment of the inmate's condition by one 3
or more of the means set forth in subsection e. of this section. 4
g. The Attorney General or county prosecutor shall provide a 5
psychiatrist or physician assessing or examining an inmate pursuant 6
to this section with all information relevant to the inmate's need of 7
involuntary commitment, including information concerning the 8
inmate's condition, history, recent behavior and any recent act or 9
threat. Any person who assesses or examines an inmate pursuant to 10
this section shall provide the Attorney General and county 11
prosecutor with a written report detailing the person's findings and 12
conclusions. 13
h. (1) All information, documents and records concerning the 14
inmate's mental condition or classified as confidential pursuant to 15
regulations of the board, of the Department of Corrections or the 16
[Juvenile] Youth Justice Commission that are received or provided 17
pursuant to this section or N.J.S.2C:47-5 shall be deemed 18
confidential. 19
(2) Unless authorized or required by court order or except as 20
required in the course of judicial proceedings relating to the 21
inmate's commitment or release, disclosure of such information, 22
documents and records shall be limited to professionals evaluating 23
the inmate's condition pursuant to this section, the Attorney 24
General, county prosecutor and members of their respective staffs 25
as necessary to the performance of duties imposed pursuant to this 26
section. 27
i. Any person acting in good faith who has provided 28
information relevant to an inmate's need of involuntary commitment 29
or as to whether the inmate is a sexually violent predator or has 30
taken good faith steps to assess an inmate's need of involuntary 31
commitment or whether the inmate is a sexually violent predator is 32
immune from civil and criminal liability. 33
(cf: P.L.1998, c.71, s.17)] 34
35
[47.] 46. Section 3 of P.L.2009, c.329 (C.30:4-91.15) is 36
amended to read as follows: 37
3. a. The Commissioner of Corrections, in conjunction with the 38
[Juvenile] Youth Justice Commission and the State Parole Board, 39
shall establish a program to record and analyze the recidivism of all 40
inmates and juveniles adjudicated delinquent who are released from 41
a State correctional facility or a training school for juveniles, 42
whether on parole or upon the completion of their maximum 43
sentences. The purpose of this program shall be to assist in 44
measuring the effectiveness of the State's reentry initiatives and 45
programs. 46
b. The program shall record the arrests for all offenses 47
committed by releasees within three years following their release 48
S2423 POU, MCKNIGHT
79
and any convictions resulting from the arrests. These data shall be 1
analyzed to determine whether the rates and nature of rearrests and 2
convictions differ according to the criminal histories and personal 3
characteristics of releasees, the treatment they received while 4
confined, length of sentence, conditions of parole, participation and 5
involvement in reentry initiatives and programs, and such other 6
factors as may be relevant to the purposes of this section, including, 7
but not limited to, race, gender, ethnicity, and age. 8
c. The commissioner shall prepare and disseminate semi-9
annual reports summarizing the recidivism rates, patterns, and other 10
findings and analyses resultant of the information gathered pursuant 11
to this section. These reports shall include summaries of the 12
treatment received by the releasees and any participation and 13
involvement in reentry initiatives by the releasees, and shall make 14
recommendations concerning the effectiveness of the treatment 15
programs and reentry initiatives. These reports shall be available to 16
the general public and shall not contain any personally identifying 17
information. To facilitate the accessibility of these reports to the 18
general public, the commissioner shall, to the greatest extent 19
possible, utilize the Internet. 20
d. The commissioner shall annually prepare and transmit to the 21
Governor and the Legislature, pursuant to section 2 of P.L.1991, 22
c.164 (C.52:14-19.1), a summary of the recommendations set forth 23
in the reports prepared pursuant to subsection c. of this section, 24
along with any recommendations the department, [Juvenile] Youth 25
Justice Commission or the State Parole Board may have for 26
legislation to improve the effectiveness of the State's reentry 27
initiatives and programs. 28
(cf: P.L.2015, c.144, s.1) 29
30
[48.] 47. Section 1 of P.L.1979, c.441 (C.30:4-123.45) is 31
amended to read as follows: 32
1. a. This act shall be known and may be cited as the "Parole Act 33
of 1979." 34
b. In this act, unless a different meaning is plainly required: 35
(1) "Adult inmate" means any person sentenced as an adult to a 36
term of incarceration. 37
(2) "Juvenile inmate" means any person under commitment as a 38
juvenile delinquent pursuant to section 25 of P.L.1982, c.77 39
(C.2A:4A-44). 40
(3) "Parole release date" means that date certified by a member 41
of the board for release of an inmate after a review of the inmate's 42
case pursuant to section 11, 13 or 14 of this act. 43
(4) "Primary parole eligibility date" means that date established 44
for parole eligibility for adult inmates pursuant to section 7 or 20 of 45
this act. 46
(5) "Public notice" shall consist of lists including names of all 47
inmates being considered for parole, the county from which the 48
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80
inmates were committed and the crimes for which the inmates were 1
incarcerated. At least 30 days prior to parole consideration the lists 2
shall be forwarded to the office of the public defender of each 3
county or the private attorney of record for the inmates, the 4
prosecutor's office of each county, the sentencing court, the office 5
of the Attorney General, any other criminal justice agencies whose 6
information and comment may be relevant, and news organizations. 7
(6) Removal for "cause" means substantial cause that is plainly 8
sufficient under the law and sound public policy touching upon 9
qualifications appropriate to a member of the parole board or the 10
administration of the board such that the public interest precludes 11
the member's continuance in office. Cause includes, but is not 12
limited to, misconduct in office, incapacity, inefficiency, 13
nonfeasance, and violations of the Parole Board's Code of Ethics. 14
(7) "Commission" means the [Juvenile] Youth Justice 15
Commission established pursuant to section 2 of P.L.1995, c.284 16
(C.52:17B-170). 17
(8) "Parole officer" means, with respect to an adult inmate, an 18
officer assigned by the Chairman of the State Parole Board or the 19
chairman's designee and, with respect to a juvenile inmate, a person 20
assigned by the commission. 21
(cf: P.L.2019, c.364, s.7) 22
23
[49.] 48. Section 5 of P.L.2020, c.111 (C.30:4-123.103) is 24
amended to read as follows: 25
5. a. An inmate who is released from the custody of the 26
Commissioner of Corrections or a juvenile who is released from the 27
custody of the [Juvenile] Youth Justice Commission following an 28
award of public health emergency credits pursuant to section 1 of 29
P.L.2020, c.111 (C.30:4-123.100), from the date of release until the 30
date the inmate or juvenile, as the case may be, was scheduled to be 31
released prior to the award of public health emergency credits, shall 32
be prohibited from purposely or knowingly making contact with any 33
victim of the crime for which the inmate or juvenile was serving a 34
sentence. 35
For purposes of this subsection, making contact with a victim 36
shall include contact made personally by the inmate or juvenile, as 37
the case may be, or through an agent, and shall include but not be 38
limited to: personal, written, electronic, or telephone contact or 39
communication; or entering the residence, property, school, or place 40
of employment of the victim. 41
b. A violation of subsection a. of this section shall be a crime 42
of the fourth degree. 43
c. (1) A petition may be filed with the court to dissolve the 44
prohibition established pursuant to the provisions of this section 45
prohibiting an inmate or juvenile, as the case may be, from making 46
contact with the victim in accordance with procedures established 47
by the court. 48
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81
(2) The Director of the Administrative Office of the Courts shall 1
provide the Department of Corrections, [Juvenile] Youth Justice 2
Commission, and Attorney General with information concerning the 3
procedures established by the court for filing a petition to dissolve 4
the prohibition established pursuant to this section prohibiting an 5
inmate or juvenile, as the case may be, from making contact with 6
any victim of the crime for which the inmate or juvenile was 7
serving a sentence. 8
(cf: P.L.2020, c.111, s.5) 9
10
[50.] 49. Section 12 of 1970, c.300 (C.30:4-157.2) is amended 11
to read as follows: 12
12. The warrant of commitment to the custody of the [Juvenile] 13
Youth Justice Commission established pursuant to section 2 of 14
P.L.1995, c.284 (C.52:17B-170) shall set forth the names of the 15
parents or guardians if they can be ascertained and the juvenile's 16
place of residence. The court shall order transmitted to the 17
commission, by the officer serving the order of commitment a copy 18
of the complaint, a copy of any probation reports, pre-disposition 19
reports, education records, county detention center records, or other 20
records which the county may have concerning the past 21
delinquencies of the juvenile and other information concerning any 22
mental or physical condition which the court deems to be of 23
importance in the rehabilitation of the juvenile or the maintenance 24
of discipline, order and safety in the facility or the operation of the 25
facility or its programs. Such records shall be used for the 26
information and guidance of the facility and the commission but 27
shall not be public records. Such warrants and records shall be 28
forwarded to the commission on, or prior to, the date of the 29
juvenile's admission into the facility. 30
(cf: P.L.1995, c.280, s.49) 31
32
[51.] 50. Section 1 of P.L.1939, c.301 (C.30:4-157.4) is 33
amended to read as follows: 34
30:4-157.4. Whenever a juvenile shall be committed to the 35
custody of the [Juvenile] Youth Justice Commission established 36
pursuant to section 2 of P.L.1995, c.284 (C.52:17B-170), it shall be 37
the duty of the court, at the time of the examination, to make 38
inquiry as to the ability of the parent or guardian to pay the 39
expenses of the commitment proceedings and the board of the 40
juvenile, and it shall endorse on the warrant of commitment a 41
statement of its finding in that regard. 42
Payment by the parent or guardian of these costs shall be made to 43
the probation division or county adjuster, whichever the court shall 44
designate; provided, however, that upon collection thereof the costs 45
of the commitment proceedings shall be paid to the county 46
treasurer, and any amount received representing maintenance shall 47
S2423 POU, MCKNIGHT
82
be forwarded to the State Treasurer. In the event of failure of the 1
parent or guardian to pay the amount ordered by the court then the 2
probation division or county adjuster, as the case may be, shall 3
bring the matter before the court for such further order as shall 4
appear proper therein to compel payment. 5
(cf: P.L.1995, c.280, s.50) 6
7
[52.] 51. Section 16 of P.L.1970, c.300 (C.30:4-157.7) is 8
amended to read as follows: 9
30:4-157.7. No juvenile in custody of the [Juvenile] Youth 10
Justice Commission established pursuant to section 2 of P.L.1995, 11
c.284 (C.52:17B-170) shall be indentured or bound out to service. 12
(cf: P.L.1995, c.280, s.52) 13
14
[53.] 52. Section 11 of P.L.2017, c.176 (C.30:7E-7) is 15
amended to read as follows: 16
11. a. Notwithstanding the provisions of any other law or 17
regulation to the contrary, any contract between a health care 18
provider and the New Jersey Department of Corrections, the 19
[Juvenile] Youth Justice Commission, the State Parole Board, or 20
any other State or local entity, which contract provides health care 21
services to the State's inmate population, shall not contain any 22
provision that discriminates, and the State or local entity 23
contracting for services shall ensure there is no discrimination, on 24
the basis of a person's gender identity or expression or on the basis 25
that the person is a transgender person. 26
b. The discrimination prohibited by this section shall include: 27
(1) denying, cancelling, limiting or refusing to issue or renew a 28
contract on the basis of a covered person's or prospective covered 29
person's gender identity or expression, or for the reason that the 30
covered person or prospective covered person is a transgender 31
person; 32
(2) demanding or requiring a payment or premium that is based 33
in whole or in part on a covered person's or prospective covered 34
person's gender identity or expression, or for the reason that the 35
covered person or prospective covered person is a transgender 36
person; 37
(3) designating a covered person's or prospective covered 38
person's gender identity or expression, or the fact that a covered 39
person or prospective covered person is a transgender person, as a 40
preexisting condition for which coverage will be denied or limited; 41
or 42
(4) denying or limiting coverage, or denying a claim, for 43
services including but not limited to the following, due to a covered 44
person's gender identity or expression or for the reason that the 45
covered person is a transgender person: 46
(a) health care services related to gender transition if coverage 47
is available for those services under the contract when the services 48
S2423 POU, MCKNIGHT
83
are not related to gender transition, including but not limited to 1
hormone therapy, hysterectomy, mastectomy, and vocal training; or 2
(b) health care services that are ordinarily or exclusively 3
available to individuals of one sex when the denial or limitation is 4
due only to the fact that the covered person is enrolled as belonging 5
to the other sex or has undergone, or is in the process of 6
undergoing, gender transition. 7
c. For the purposes of this section: 8
"Gender expression" means a person's gender-related appearance 9
and behavior, whether or not stereotypically associated with the 10
person's assigned sex at birth. 11
"Gender identity" means a person's internal sense of their own 12
gender, regardless of the sex the person was assigned at birth. 13
"Gender transition" means the process of changing a person's 14
outward appearance, including physical sex characteristics, to 15
accord with the person's actual gender identity. 16
"Transgender person" means a person who identifies as a gender 17
different from the sex assigned to the person at birth. 18
d. Nothing in this section shall preclude a State or local entity 19
contracting for services pursuant to this section from performing 20
utilization review, including periodic review of the medical 21
necessity of a particular service. 22
(cf: P.L.2017, c.176, s.11) 23
24
[54.] 53. Section 3 of P.L.1997, c.81 (C.30:8-63) is amended to 25
read as follows: 26
3. As used in this act: 27
"Commission" means the [Juvenile] Youth Justice Commission 28
established pursuant to section 2 of P.L.1995, c.284 29
(C.52:17B-170). 30
"Juvenile offender" means a person under the age of 18 who has 31
been adjudicated delinquent for an act which, if committed by an 32
adult, would constitute a crime of the third or fourth degree, 33
excluding an adjudication for any act which would constitute a 34
crime under chapter 14 of Title 2C of the New Jersey Statutes. 35
(cf: P.L.1997, c.81, s.3) 36
37
[55.] 54. Section 4 of P.L.2003, c.214 (C.30:9A-25) is amended 38
to read as follows: 39
4. There is established in the Department of Children and 40
Families the New Jersey Youth Suicide Prevention Advisory 41
Council. 42
a. The purpose of the council shall be to: examine existing 43
needs and services and make recommendations to the division for 44
youth suicide reporting, prevention and intervention; advise the 45
division on the content of informational materials to be made 46
available to persons who report attempted or completed suicides; 47
S2423 POU, MCKNIGHT
84
and advise the division in the development of regulations required 1
pursuant to this act. 2
b. The council shall consist of 18 members as follows: 3
(1) the Commissioners of Human Services, Children and 4
Families, Health and Senior Services, and Education, the executive 5
director of the [Juvenile] Youth Justice Commission established 6
pursuant to P.L.1995, c.284 (C.52:17B-169 et seq.) and the 7
chairman of the Community Mental Health Citizens Advisory 8
Board established pursuant to P.L.1957, c.146 (C.30:9A-1 et seq.), 9
or their designees, who shall serve ex officio; 10
(2) six public members appointed by the Governor, as follows: 11
one person who is a current member of a county mental health 12
advisory board, one person with personal or family experience with 13
suicide, one person who is a current or retired primary or secondary 14
school teacher, one person who is a current or former member of a 15
local board of education, one psychiatrist and one person with 16
professional experience in the collection and reporting of social 17
science data; 18
(3) three public members appointed by the President of the 19
Senate, no more than two of whom are members of the same 20
political party, one of whom has volunteer or paid experience in the 21
provision of services to survivors of suicide or youth at risk of 22
attempting suicide, one of whom is an alcohol and drug counselor, 23
and one of whom is a representative of the New Jersey Traumatic 24
Loss Coalition; and 25
(4) three public members appointed by the Speaker of the 26
General Assembly, no more than two of whom are members of the 27
same political party, one of whom has knowledge of and interest in 28
the prevention of youth suicide and the provision of education about 29
suicide to high-risk populations, including religious, racial, ethnic 30
or sexual minorities, one of whom is a pediatrician, and one of 31
whom is a school-based counselor. 32
c. The public members shall be appointed no later than 60 days 33
after the date of enactment of this act. 34
d. The public members shall serve for a term of five years; but, 35
of the members first appointed, three shall serve for a term of two 36
years, three for a term of three years, three for a term of four years 37
and three for a term of five years. Members are eligible for 38
reappointment upon the expiration of their terms. Vacancies in the 39
membership of the council shall be filled in the same manner 40
provided for the original appointments. 41
e. The council shall organize as soon as practicable following 42
the appointment of its members and shall select a chairperson and 43
vice-chairperson from among the members. The chairperson shall 44
appoint a secretary who need not be a member of the council. 45
f. The public members shall serve without compensation, but 46
shall be reimbursed for necessary expenses incurred in the 47
S2423 POU, MCKNIGHT
85
performance of their duties and within the limits of funds available 1
to the council. 2
g. The council shall be entitled to call to its assistance and avail 3
itself of the services of the employees of any State, county or 4
municipal department, board, bureau, commission or agency as it 5
may require and as may be available to it for its purposes. 6
h. The Department of Children and Families shall provide staff 7
support to the council. 8
(cf: P.L.2006, c.47, s.175) 9
10
[56.] 55. Section 9 of P.L.1989, c.293 (C.34:15C-6) is amended 11
to read as follows: 12
9. The commission shall: 13
a. Issue the New Jersey Unified Workforce Investment Plan 14
pursuant to the provisions of the Workforce Investment Act of 15
1998, Pub.L.105-220 (29 U.S.C. s.2801 et seq.) and section 10 of 16
P.L.1989, c.293 (C.34:15C-7); 17
b. Establish performance standards for workforce investment 18
programs pursuant to the Workforce Investment Act of 1998, 19
Pub.L.105-220 (29 U.S.C. s.2801 et seq.) and section 11 of 20
P.L.1989, c.293 (C.34:15C-8); 21
c. Act to ensure the full participation of Workforce Investment 22
Boards in the planning and supervision of local workforce 23
investment systems. The commission shall be responsible to 24
oversee and develop appropriate standards to ensure Workforce 25
Investment Board compliance with State and federal law, the State 26
plan, and other relevant requirements regarding membership, 27
staffing, meetings, and functions; 28
d. Foster and coordinate initiatives of the Department of 29
Education and Commission on Higher Education to enhance the 30
contributions of public schools and institutions of higher education 31
to the implementation of the State workforce investment policy; 32
e. Examine federal and State laws and regulations to assess 33
whether those laws and regulations present barriers to achieving any 34
of the goals of this act. The commission shall, from time to time as 35
it deems appropriate, issue to the Governor and the Legislature 36
reports on its findings, including recommendations for changes in 37
State or federal laws or regulations concerning workforce 38
investment programs or services, including, when appropriate, 39
recommendations to merge other State advisory structures and 40
functions into the commission; 41
f. Perform the duties assigned to a State Workforce Investment 42
Board pursuant to subsection (d) of section 111 of the Workforce 43
Investment Act of 1998, Pub.L.105-220 (29 U.S.C. s.2821); 44
g. Have the authority to enter into agreements with the head of 45
each State department or commission which administers or funds 46
education, employment or training programs, including, but not 47
limited to, the Departments of Labor and Workforce Development, 48
S2423 POU, MCKNIGHT
86
Community Affairs, Education, and Human Services and the 1
Commission on Higher Education, the New Jersey Economic 2
Development Authority, and the [Juvenile] Youth Justice 3
Commission, which agreements are for the purpose of assigning 4
planning, policy guidance and oversight functions to each 5
Workforce Investment Board with respect to any workforce 6
investment program funded or administered by the State department 7
or commission within the Workforce Investment Board's respective 8
labor market area or local area, as the case may be; and 9
h. Establish guidelines to be used by the Workforce Investment 10
Boards in performing the planning, policy guidance, and oversight 11
functions assigned to the boards under any agreement reached by 12
the commission with a department or commission pursuant to 13
subsection g. of this section. The commission shall approve all 14
local Workforce Investment Board plans that meet the criteria 15
established by the commission for the establishment of One-Stop 16
systems. The Department of Labor and Workforce Development 17
shall approve the operational portion of the plans for programs 18
administered by the department. 19
The commission shall have access to all files and records of 20
other State agencies and may require any officer or employee 21
therein to provide such information as it may deem necessary in the 22
performance of its functions. 23
Nothing in P.L.2005, c.354 (C.34:15C-7.1 et al.) shall be 24
construed as affecting the authority of the State Treasurer to review 25
and approve training programs for State employees pursuant to 26
N.J.S.11A:6-25. 27
(cf: P.L.2008, c.29, s.91) 28
29
[57.] 56. Section 1 of P.L.2001, c.446 (C.34:15F-12) is 30
amended to read as follows: 31
1. a. There is established in the Department of Labor and 32
Workforce Development a Youth Employment and After School 33
Incentive Pilot Program which shall be administered by the 34
Commissioner of Labor and Workforce Development, pursuant to 35
the provisions of P.L.2001, c.446 (C.34:15F-12 et seq.). The 36
program shall provide for employment opportunities for 37
disadvantaged youth with private and nonprofit employers. The 38
purpose of the program shall be to enable disadvantaged youth to 39
acquire job knowledge and skills and an understanding of the 40
linkage between the skills, behaviors, and attitudes necessary to 41
function as an adult in the workplace. 42
As used in P.L.2001, c.446 (C.34:15F -12 et seq.), 43
"disadvantaged youth" means public and nonpublic school students 44
as well as youth who are not students who reside in municipalities 45
where both the rates of unemployment and violent crime 46
significantly exceed the Statewide rates of unemployment and 47
violent crime by percentages which shall be designated by the 48
S2423 POU, MCKNIGHT
87
commissioner. The term shall include youth in these municipalities 1
who are participating in a program of aftercare following their 2
release from juvenile detention or community facilities. 3
b. There is established in, but not of, the Department of Labor 4
and Workforce Development the Disadvantaged Youth Employment 5
Opportunities Council. Notwithstanding the allocation of the 6
council to the Department of Labor and Workforce Development, 7
the council shall directly report to the Chairperson of the State 8
Employment and Training Commission established by section 5 of 9
P.L.1989, c.293 (C.34:15C-2). The council shall consist of 18 10
members: the Commissioner of Labor and Workforce Development, 11
the Commissioner of Education, the Executive Director of the New 12
Jersey Commission on Higher Education, the Chief Executive 13
Officer and Secretary of the New Jersey Commerce, Economic 14
Growth and Tourism Commission, the Secretary of State and the 15
Executive Director of the [Juvenile] Youth Justice Commission, or 16
their designees, who shall serve ex officio and as nonvoting 17
members; and 12 public members appointed by the Governor, the 18
President of the Senate and the Speaker of the General Assembly. 19
The Governor shall appoint two religious leaders and two 20
representatives of education organizations. The President of the 21
Senate and the Speaker of the Assembly shall each appoint a leader 22
of the business community, a labor leader, a representative of a 23
county vocational-technical school, and a person representing 24
organizations that have expertise serving the needs of 25
disadvantaged youth. The public members shall serve for terms of 26
three years, may be reappointed and may serve until a successor has 27
been appointed. Of the public members first appointed, six shall be 28
appointed for terms of three years, and six shall be appointed for 29
terms of two years. A vacancy in the membership, occurring other 30
than by expiration of a term, shall be filled in the same manner as 31
the original appointment, but for the unexpired term only. The 32
members shall serve without compensation, but the council may, 33
within the limits of funds appropriated or otherwise made available 34
to it, reimburse members for actual expenses necessarily incurred in 35
the discharge of their official duties. 36
The council shall organize as soon as its members are appointed 37
and shall select a chairman and vice-chairman from among its 38
members and may select a secretary, who need not be a member of 39
the council. The council shall meet monthly, and at such other 40
times as may be necessary. 41
The council may employ, prescribe the duties and fix and pay the 42
compensation of such persons it may deem necessary to carry out 43
the duties of the council within the limits of available 44
appropriations. 45
It shall be the duty of the council to: 46
(1) Develop a master plan to increase employment opportunities 47
for disadvantaged youth; 48
S2423 POU, MCKNIGHT
88
(2) Enlist the commitment of the State's business leadership to 1
provide employment opportunities for disadvantaged youth; 2
(3) Enlist the support of the State's key unions which operate 3
apprenticeship and similar programs; 4
(4) Develop proposals for innovative efforts to assist 5
economically disadvantaged youth to enroll in and successfully 6
complete employment programs; 7
(5) Involve all sectors of the community, including high level 8
representatives of business, youth-serving agencies, foundations, 9
local school systems, the communications media, and the religious 10
community in an effort to promote and coordinate employment 11
opportunities for disadvantaged youth; and 12
(6) In conjunction with the Department of Labor and Workforce 13
Development and the Commerce, Economic Growth and Tourism 14
Commission, seek to identify and maximize any available federal 15
funding for the purpose of enhancing employment opportunities 16
provided under P.L.2001, c.446 (C.34:15F-12 et seq.). 17
The council shall be entitled to call to its assistance and avail 18
itself of the services of such employees of any State, county or 19
municipal department, board, bureau, commission, or agency as it 20
may require and as may be available to it for these purposes. 21
The Commissioner of Labor and Workforce Development, in 22
consultation with the State Employment and Training Commission 23
and the council, may promulgate rules and regulations necessary to 24
effectuate the purposes of P.L.2001, c.446 (C.34:15F-12 et seq.). 25
(cf: P.L.2007, c.189, s.1) 26
27
[58.] 57. Section 2 P.L.2001, c.446 (C.34:15F-13) is amended 28
to read as follows: 29
2. a. In cooperation with the Disadvantaged Youth Employment 30
Opportunities Council established in section 1 of P.L.2001, c.446 31
(C.34:15F-12), the Commissioner of Labor and Workforce 32
Development, in consultation with the State Employment and 33
Training Commission shall develop and administer the employment 34
program established under this act. The commissioner shall, to the 35
greatest extent feasible, attempt to achieve a balance of enrolled 36
disadvantaged youth from the northern, central, and southern parts 37
of the State. 38
b. The Commissioner of Labor and Workforce Development, in 39
consultation with the State Employment and Training Commission, 40
the Department of Education, the [Juvenile] Youth Justice 41
Commission, and the council, shall develop procedures relating to 42
the program referral process; establish the selection criteria for 43
participants which shall include the identification of local 44
disadvantaged youths assessed by local law enforcement and 45
juvenile corrections authorities as being at risk of gang membership 46
or involvement or reinvolvement in the criminal justice system and 47
students who are not meeting minimal district standards of behavior 48
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and academic achievement; provide a listing of employers who have 1
agreed to participate in the program; and establish the process 2
which will be utilized for matching disadvantaged youth to 3
employment opportunities that will enhance the self-esteem and 4
assimilation of life skills necessary for productive functioning in the 5
school setting and society. 6
(cf: P.L.2007, c.189, s.2) 7
8
[59.] 58. Section 1 of P.L.2009, c.16 (C.40A:14-200) is 9
amended to read as follows: 10
1. As used in this act: 11
"Law enforcement agency" or "agency" means any public 12
agency, other than the Department of Law and Public Safety, but 13
not including the [Juvenile] Youth Justice Commission, any police 14
force, department, or division within the State, or any county or 15
municipality thereof, which is empowered by statute to act for the 16
detection, investigation, arrest, conviction, detention, or 17
rehabilitation of persons violating the criminal laws of this State. 18
"Law enforcement officer" or "officer" means any person who is 19
employed as a permanent full-time member of any State, county, or 20
municipal law enforcement agency, department, or division of those 21
governments who is statutorily empowered to act for the detection, 22
investigation, arrest, conviction, detention, or rehabilitation of 23
persons violating the criminal laws of this State and statutorily 24
required to successfully complete a training course approved by, or 25
certified as being substantially equivalent to such an approved 26
course, by the Police Training Commission pursuant to P.L.1961, 27
c.56 (C.52:17B-66 et seq.). 28
"Paid firefighter" or "firefighter" means any full-time paid 29
firefighter employed by a public fire department. 30
"Public fire department" or "department" means any department 31
of a municipality, county, fire district or the State or any agency 32
thereof having employees engaged in firefighting provided that such 33
firefighting employees are included in a negotiating unit exclusively 34
comprised of firefighting employees. 35
(cf: P.L.2009, c.16, s.1) 36
37
[60.] 59. Section 19 of P.L.1991, c.329 (C.52:4B-8.1) is 38
amended to read as follow: 39
19. a. The Victims of Crime Compensation Agency, after 40
consultation with the Attorney General, the Department of 41
Corrections, and the Administrative Office of the Courts, on behalf 42
of the county probation divisions and the municipal court clerks, 43
shall continue to develop the existing uniform system for recording 44
all information necessary to ensure proper identification, tracking, 45
collection and disposition of moneys owed for: 46
(1) assessments imposed pursuant to section 2 of P.L.1979, 47
c.396 (C.2C:43-3.1); 48
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(2) fines and restitutions imposed in accordance with provisions 1
of Title 2C of the New Jersey Statutes; 2
(3) fees imposed pursuant to N.J.S.2C:35-20; 3
(4) penalties imposed pursuant to N.J.S.2C:35-15. 4
b. The Victims of Crime Compensation Agency shall use the 5
moneys deposited in the Criminal Disposition and Revenue 6
Collection Fund to defray the costs incurred by the agency in 7
developing, implementing, operating and improving the agency's 8
component of the uniform system for tracking and collecting 9
revenues described in subsection a. of this section. 10
c. The [Juvenile] Youth Justice Commission established 11
pursuant to section 2 of P.L.1995, c.284 (C.52:17B-170), the 12
Department of Corrections, and the Administrative Office of the 13
Courts, on behalf of the county probation divisions and the 14
municipal court clerks, shall file such reports with the Victims of 15
Crime Compensation Agency as required for the operation of the 16
uniform system described in subsection a. of this section. 17
d. The Victims of Crime Compensation Agency shall report 18
annually to the Governor, the Attorney General, the Administrative 19
Director of the Administrative Office of the Courts, the 20
Commissioner of the Department of Corrections, the [Juvenile] 21
Youth Justice Commission and the Legislature on the development, 22
implementation, improvement and effectiveness of the uniform 23
system and on moneys received, deposited and identified as 24
receivable. 25
(cf: P.L.2007, c.95, s.10) 26
27
[61.] 60. Section 1 of P.L.2019, c.115 (C.52:16A-26.10) is 28
amended to read as follows: 29
1. a. The New Jersey State Council on the Arts shall publish on 30
its website and disseminate to any organization in this State that 31
expresses to the council an intent to develop or expand an arts 32
program for youth at risk of juvenile delinquency a guide 33
containing best practices for such programs. Under the best 34
practices guidelines, programs should: 35
(1) recognize that art is a vehicle that can be used to engage 36
youth in activities that will increase their self-esteem; 37
(2) provide for collaborative effort among the artist, social 38
service provider, teacher, agency staff, youth, and family, as 39
appropriate, in delivery of the program; 40
(3) recognize and involve the families of the youth and the 41
communities in which the youth live; 42
(4) include age-appropriate curriculum; 43
(5) emphasize dynamic teaching tactics, such as hands-on 44
learning, apprentice relationships, and the use of technology; 45
(6) to the extent possible, culminate in a public performance or 46
exhibition with a focus on building participants' self-esteem through 47
public recognition; 48
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(7) during the planning stage, address program goals, site 1
selection, population, the development of relationships among team 2
members, the methods for youth involvement in planning, 3
curriculum design, transportation, safety, incentives, behavioral 4
requirements, program growth, the balance between arts program 5
and other program objectives, the balance between process and 6
product, student recognition of achievements, and the involvement 7
of families, communities, and volunteers; 8
(8) incorporate an evaluation system early into the program; 9
(9) train teams, collaboratively, that work with youth in team 10
building, communication skills, and organizational skills; 11
(10) train teams in effective methods for working with youth 12
from special populations, including in behavior management, 13
adolescent psychology, and familiarization with the juvenile justice 14
system; 15
(11) train teams in designing a curriculum or involving a trained 16
curriculum specialist; 17
(12) adopt training that is practical, addresses issues identified 18
by team members, incorporates advice from a variety of trainers 19
with expertise in relevant issue areas, provides opportunities for 20
team members to share in successes and failures and engage in peer 21
training, and integrates specialized training into ongoing training 22
sessions whenever possible; 23
(13) require program staff to clearly define program goals and 24
intended outcomes in evaluating an arts program, and to monitor 25
and document program implementation and the service-delivery 26
process; 27
(14) utilize "process evaluations," which examine program 28
implementation and service delivery, to describe and refine a 29
program, measuring the impact on youth and identifying ways to 30
improve a program; 31
(15) employ journals, portfolios, surveys, and artist observations 32
as evaluation measures to determine the effects of arts programs on 33
at-risk youth, incorporating those measures into program activities 34
when possible; 35
(16) document program-specific factors, such as staff ratios, 36
hours of contact, and duration of contact, in process evaluations; 37
(17) account for the impact of individual, family, and 38
community factors on program effectiveness; and 39
(18) incorporate activities that recognize individual efforts and 40
provide opportunities for youth to learn new skills, which activities 41
are designed to reduce the influence of risk factors associated with 42
adolescent problem behaviors, such as low neighborhood 43
attachment, lack of commitment to school, alienation and 44
rebelliousness, and friends who engage in problem behavior. 45
The council shall make periodic revisions to the guide as 46
necessary. 47
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b. The council shall provide technical and consultative 1
assistance to any State agency or local government unit requesting 2
such assistance to implement a program adopting the elements 3
listed in subsection a. of this section. The council shall, upon 4
completion or revision, deliver, by electronic or other means, the 5
guide to the [Juvenile] Youth Justice Commission and the Division 6
of Child Protection and Permanency in the Department of Children 7
and Families. 8
As used in this subsection, "State agency" means any agency in 9
the Executive branch of State government, including, but not 10
limited to, any department, board, bureau, commission, division, 11
office, council, or instrumentality thereof, or independent agency, 12
public authority or public benefit corporation, and any State college 13
or public institution of higher education. "Local government unit" 14
means a county, municipality, board of education, or county college 15
as defined in section 2 of P.L.1982, c.189 (C.18A:64A-25.2). 16
(cf: P.L.2019, c.115, s.1) 17
18
[62.] 61. Section 2 of P.L.1961, c.56 (C.52:17B-67) is amended 19
to read as follows: 20
2. As used in this act: 21
"Applicant" means an individual who applies to the Police 22
Training Commission to become licensed as a law enforcement 23
officer in accordance with P.L.2022, c.65 (C.52:17B-71a et al.). 24
"Approved school" shall mean a school approved and authorized 25
by the Police Training Commission to give police training courses 26
or a training course for State and county correctional police officers 27
and juvenile detention officers as prescribed in this act. 28
"Commission" shall mean the Police Training Commission or 29
officers or employees thereof acting on its behalf. 30
"County" shall mean any county which within its jurisdiction has 31
or shall have a law enforcement unit as defined in this act. 32
"Discipline subject to appeal" means a removal, disciplinary 33
demotion, suspension, or fine of more than five days, or fewer 34
where the aggregate number of days the employee was suspended 35
or fined in any one calendar year is 15 or more days, or where the 36
employee received more than three suspensions or fines of five days 37
or fewer in one calendar year. 38
"Law enforcement officer" means any person who is employed 39
as a sworn member of any State, county, or municipal law 40
enforcement agency, department, division, or instrumentality of 41
those governments who is statutorily empowered to act for the 42
detection, investigation, arrest, conviction, detention, or 43
rehabilitation of persons violating the criminal laws of the State. 44
This term shall include, but is not limited to, sworn members of the 45
New Jersey State Police, the Division of Criminal Justice, and the 46
[Juvenile] Youth Justice Commission; State correctional police 47
officers pursuant to section 1 of P.L.1968, c.427 (C.2A:154-4); 48
S2423 POU, MCKNIGHT
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county correctional police officers pursuant to N.J.S.2A:154-3; 1
State Parole officers pursuant to section 1 of P.L.1968, c.427 2
(C.2A:154-4); special law enforcement officers of all classes 3
pursuant to P.L.1985, c.439 (C.40A:14-146.8 et seq.); humane law 4
enforcement officers appointed pursuant to section 25 of P.L.2017, 5
c.331 (C.4:22-14.1) or section 28 of P.L.2017, c.331 (C.4:22-14.4); 6
transit police officers appointed by New Jersey Transit pursuant to 7
section 2 of P.L.1989 c.291 (C.27:25-15.1); and campus police 8
officers appointed pursuant to P.L.1970, c.211 (C.18A:6-4.2 et 9
seq.). 10
"Law enforcement unit" shall mean any State, county or 11
municipal law enforcement agency, department, division, or 12
instrumentality of such government that is statutorily empowered to 13
act for the detection, investigation, arrest, conviction, detention, or 14
rehabilitation of persons violating the criminal laws of the State, 15
and shall include all agencies that employ law enforcement officers 16
as defined in this section. 17
"Licensing committee" means the committee established by the 18
Police Training Commission to perform duties with respect to law 19
enforcement officer licensing as set forth in subsection c. of section 20
9 of P.L.2022, c.65 (C.52:17B-71a). 21
"Municipality" shall mean a city of any class, township, borough, 22
village, or any other type of municipality in this State which, within 23
its jurisdiction, has or shall have a law enforcement unit as defined 24
in this act. 25
"National Decertification Index" shall mean the national registry 26
of law enforcement officer decertification or license revocations 27
maintained by the International Association of Directors of Law 28
Enforcement Standards and Training, or a successor database. 29
"Permanent appointment" shall mean an appointment having 30
permanent status as a law enforcement officer in a law enforcement 31
unit as prescribed by Title 11A of the New Jersey Statutes, Civil 32
Service Commission Rules and Regulations, or of any other law of 33
this State, municipal ordinance, or rules and regulations adopted 34
thereunder. 35
"Police training course" means a training course approved by the 36
Police Training Commission and conducted at an approved school. 37
"Probationary law enforcement license" means a license issued 38
by the Police Training Commission to a person appointed by a law 39
enforcement unit on a probationary or temporary basis which 40
authorizes the person to perform the functions of a permanent law 41
enforcement officer during the person's probationary or temporary 42
appointment term. 43
"Sustained finding" shall mean a determination by an employing 44
law enforcement unit that a law enforcement officer violated a law; 45
regulation; directive, guideline, policy, or procedure issued by the 46
Attorney General or County Prosecutor; agency protocol; standing 47
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operating procedure; rule; or training. 1
(cf: P.L.2022, c.65, s.2) 2
3
[63.] 62. Section 1 of P.L.1995, c.284 (C.52:17B-169) is 4
amended to read as follows: 5
1. The Legislature finds and declares: 6
a. The public safety requires reform of the juvenile justice 7
system; 8
b. Juvenile arrests for murder, robbery, aggravated sexual 9
assault, sexual assault and aggravated assault have increased 38 10
percent between 1988 and 1993 and New Jersey ranks near the top 11
nationally in the number of juvenile arrests for serious violent 12
crimes; 13
c. Juvenile crime has become a leading cause of injury and 14
death among young people; 15
d. Currently, preventive, deterrent and rehabilitative services 16
and sanctions for juveniles are the responsibility of no less than 17
three State departments: The Department of Law and Public Safety 18
deals with county prosecutors and local police and implements 19
prevention programs; the Department of Corrections operates the 20
New Jersey Training School for Boys and the Juvenile Medium 21
Security Facility, and its Bureau of Parole supervises juvenile 22
parolees; and the Department of Human Services operates 23
residential and day programs in facilities for juveniles adjudicated 24
delinquent; 25
e. The division of responsibility for the juvenile justice 26
population and the limitations on resources available to meet ever-27
increasing demands for services provided by the Departments of 28
Human Services and Corrections have prevented the departments 29
from maximizing efforts to meet the special needs of the juvenile 30
justice population; 31
f. The juvenile justice system lacks services and sanctions 32
short of incarceration, particularly in urban areas and for that 33
reason, many juveniles are not held accountable until they have 34
committed a series of increasingly serious criminal acts; 35
g. The special needs of juveniles can be addressed through 36
services and sanctions provided at the county and local level; 37
h. The need to protect the public from criminal acts by juvenile 38
offenders requires a comprehensive program and concerted action 39
of governmental agencies and private organizations at the State, 40
county and local level that permit effective response and avoid 41
waste of scarce resources; 42
i. (1) The comprehensive program should provide a range of 43
services and sanctions for juveniles sufficient to protect the public 44
through prevention; early intervention; and a range of meaningful 45
sanctions that ensure accountability, provide training, education, 46
treatment and, when necessary, confinement followed by 47
S2423 POU, MCKNIGHT
95
community supervision that is adequate to protect the public and 1
promote successful reintegration into the community; 2
(2) Consistent with the need to protect the public, services and 3
sanctions for juveniles shall provide balanced attention to the 4
protection of the community, the imposition of accountability for 5
offenses committed, fostering interaction and dialogue between the 6
offender, victim and community and the development of 7
competencies to enable juvenile offenders to become responsible 8
and productive members of the community. 9
j. The most efficient and effective use of available resources 10
requires fixing responsibility for the comprehensive program in a 11
single State agency and providing incentives to encourage the 12
development and provision of appropriate services and sanctions at 13
the county and local level; and 14
k. It is, therefore, necessary to establish a [Juvenile] Youth 15
Justice Commission responsible for operating State services and 16
sanctions for juveniles involved in the juvenile justice system and 17
responsible for developing a Statewide plan for effective provision 18
of juvenile justice services and sanctions at the State, county and 19
local level; to establish a State/Community Partnership Grant 20
Program through which the State will provide incentives to county 21
and local governments to encourage the provision of services and 22
sanctions for juveniles adjudicated or charged as delinquent and 23
programs for the prevention of juvenile delinquency, and to 24
establish county youth services commissions responsible for 25
planning and implementing the Partnership at the local level. 26
(cf: P.L.2001, c.408, s.7.) 27
28
[64.] 63. Section 2 of P.L.1995, c.284 (C.52:17B-170) is 29
amended to read as follows: 30
2. a. A [Juvenile] Youth Justice Commission is established in, 31
but not of, the Department of Law and Public Safety. The 32
commission is allocated to the Department of Law and Public 33
Safety for the purpose of complying with Article V, Section IV, 34
paragraph 1 of the New Jersey Constitution. The Attorney General 35
shall be the request officer for the commission within the meaning 36
of section 6 of article 3 of P.L.1944, c.112 (C.52:27B-15) and shall 37
exercise that authority and other administrative functions, powers 38
and duties consistent with the provisions of this act. 39
b. The commission shall consist of an executive director, an 40
executive board, an advisory council and such facilities, officers, 41
employees and organizational units as provided herein or as 42
otherwise necessary to performance of the commission's duties and 43
responsibilities. 44
c. The executive director shall be appointed by the Governor 45
with the advice and consent of the Senate and shall serve at the 46
pleasure of the Governor during the Governor's term of office and 47
until a successor is appointed and qualified. 48
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d. The executive board shall consist of the following members: 1
The Attorney General, who shall serve as chair of the executive 2
board; the Commissioner of Corrections and the Commissioner of 3
Children and Families, who shall serve as vice-chairs of the 4
executive board; the Commissioner of Education; the chair of the 5
[Juvenile] Youth Justice Commission advisory council, established 6
pursuant to section 4 of P.L.1995, c.284 (C.52:17B-172); and two 7
members who serve as chairs of a county youth services 8
commission, established pursuant to P.L.1995, c.282 9
(C.52:17B-180), to be appointed by the Governor to serve at the 10
Governor's pleasure. The Administrative Director of the 11
Administrative Office of the Courts is invited to participate on the 12
executive board, subject to the approval of the Supreme Court. A 13
member of the executive board may name a designee who shall 14
have the authority to act for the member. Members of the executive 15
board shall serve without compensation for their services to the 16
commission. The executive board shall meet at least quarterly and 17
at such other times as designated by the chair. Except with respect 18
to matters concerning distribution of funds to counties, four 19
members of the executive board shall constitute a quorum to 20
transact business of the executive board and action of the executive 21
board shall require an affirmative vote of four members. A member 22
of the executive board who is also a member of a county youth 23
services commission shall not participate in matters concerning 24
distribution of funds to counties; in these matters, three members of 25
the executive board shall constitute a quorum to transact business 26
and an action of the executive board shall require an affirmative 27
vote of three members. 28
e. The commission shall have the following powers, duties and 29
responsibilities: 30
(1) To specify qualifications for and to employ, within the limits 31
of available appropriations and subject to the provisions of 32
P.L.1995, c.284 (C.52:17B-169 et seq.) and Title 11A of the New 33
Jersey Statutes, such staff as are necessary to accomplish the work 34
of the commission or as are needed for the proper performance of 35
the functions and duties of the commission, including but not 36
limited to: 37
(a) The number of deputy directors, assistant directors, 38
superintendents, assistant superintendents and other assistants who 39
shall be in the unclassified service and shall be deemed confidential 40
employees for the purposes of the "New Jersey Employer-Employee 41
Relations Act," P.L.1941, c.100 (C.34:13A-1 et seq.); and 42
(b) Juvenile corrections officers; 43
(2) To utilize such staff of the Department of Law and Public 44
Safety as the Attorney General, within the limits of available 45
appropriations, may make available to the commission; 46
(3) To organize the work of the commission in appropriate 47
bureaus and other organization units; 48
S2423 POU, MCKNIGHT
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(4) To enter into contracts and agreements with State, county 1
and municipal governmental agencies and with private entities for 2
the purpose of providing services and sanctions for juveniles 3
adjudicated or charged as delinquent and programs for prevention 4
of juvenile delinquency; 5
(5) To contract for the services of professional and technical 6
personnel and consultants as necessary to fulfill the statutory 7
responsibilities of the commission; 8
(6) To establish minimum standards for the care, treatment, 9
government and discipline of juveniles confined pending, or as a 10
result of, an adjudication of delinquency; 11
(7) To assume the custody and care of all juveniles committed 12
by court order, law, classification, regulation or contract to the 13
custody of the commission or transferred to the custody of the 14
commission pursuant to section 8 of P.L.1995, c.284 15
(C.52:17B-176); 16
(8) To manage and operate all State secure juvenile facilities 17
which shall include the New Jersey Training School for Boys 18
created pursuant to R.S.30:1-7 and transferred to the Commissioner 19
of Corrections pursuant to section 8 of P.L.1976, c.98 (C.30:1B-8) 20
and the Juvenile Medium Security Facility created pursuant to 21
R.S.30:1-7 and both transferred to the commission pursuant to 22
section 8 of P.L.1995, c.284 (C.52:17B-176) and shall include any 23
other secure juvenile facility established by the commission in the 24
future; 25
(9) To manage and operate all State juvenile facilities or 26
juvenile programs for juveniles adjudicated delinquent which shall 27
include facilities and programs transferred to the commission 28
pursuant to section 8 of P.L.1995, c.284 (C.52:17B-176) or 29
established or contracted for in the future by the commission; 30
(10) To prepare a State [Juvenile] Youth Justice Master Plan 31
every third year which identifies facilities, sanctions and services 32
available for juveniles adjudicated or charged as delinquent and 33
juvenile delinquency prevention programs and which identifies 34
additional needs based upon the extent and nature of juvenile 35
delinquency and the adequacy and effectiveness of available 36
facilities, services, sanctions and programs; 37
(11) To approve plans for each county submitted by the county 38
youth services commission pursuant to P.L.1995, c.282 39
(C.52:17B-180); 40
(12) To administer the State/Community Partnership Grant 41
Program established pursuant to P.L.1995, c.283 (C.52:17B-179); 42
(13) To accept from any governmental department or agency, 43
public or private body or any other source, grants or contributions 44
to be used in exercising its power, and in meeting its duties and 45
responsibilities; 46
(14) To formulate and adopt standards and rules for the efficient 47
conduct of the work of the commission, the facilities, services, 48
S2423 POU, MCKNIGHT
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sanctions and programs within its jurisdiction, and its officers and 1
employees; 2
(15) To provide for the development of the facilities, services, 3
sanctions and programs within its jurisdiction and to promote the 4
integration of State, county and local facilities, sanctions, services 5
and programs, including probation and parole; 6
(16) To institute, or cause to be instituted, such legal 7
proceedings or processes as may be necessary to enforce properly 8
and give effect to any of its powers or duties including the authority 9
to compel by subpoena, subject to the sanction for contempt of 10
subpoena issued by a court, attendance and production of records; 11
(17) To provide for the timely and efficient collection and 12
analysis of data regarding the juvenile justice system to insure the 13
continuing review and evaluation of services, policies and 14
procedures; 15
(18) To receive and classify juveniles committed to the custody 16
of the commission; 17
(19) To determine whether an incarcerated juvenile is eligible 18
for parole and to supervise compliance with conditions of parole; 19
(20) To establish appropriate dispositions of juveniles for whom 20
parole has been revoked; 21
(21) To perform such other functions as may be prescribed by 22
law; and 23
(22) To promulgate, pursuant to the "Administrative Procedure 24
Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations 25
necessary to implement and effectuate the purposes of this act. 26
f. Whenever the term “Juvenile Justice Commission” occurs or 27
any reference is made thereto in any law, contract or document, the 28
same shall be deemed to mean or refer to the “Youth Justice 29
Commission” established and designated therein. 30
(cf: P.L.2019, c.363, s.17) 31
32
[65.] 64. Section 1 of P.L.2007, c.315 (C.52:17B-171.1) is 33
amended to read as follows: 34
1. The [Juvenile] Youth Justice Commission shall establish 35
standards for suicide and mental health screening in county juvenile 36
detention facilities in accordance with the provisions of this act. 37
The standards shall require that each county detention facility 38
develop written policies concerning mental health screening, 39
suicide screening, suicide prevention protocols and other mental 40
and emotional health-related issues and that each county juvenile 41
detention facility make psychological or psychiatric services 42
available to juveniles as needed. 43
(cf: P.L.2007, c.315, s.1) 44
45
[66.] 65. Section 2 of P.L.2007, c.315 (C.52:17B-171.2) is 46
amended to read as follows: 47
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99
2. a. Upon admission to a county juvenile detention facility, a 1
juvenile shall be screened for risk of suicide in accordance with the 2
facility's suicide prevention protocols and written policies required 3
by section 1 of this act. The suicide risk screening shall include, 4
but not be limited to, the use of a standardized suicide risk 5
questionnaire designated and made available by the [Juvenile] 6
Youth Justice Commission. The findings shall be recorded and 7
brought to the attention of the appropriate medical or mental health 8
staff as soon as possible. 9
b. If a juvenile shows evidence of suicide risk, the facility's 10
suicide prevention protocols shall be immediately implemented. 11
The policies shall include an increased level of supervision of a 12
juvenile showing evidence of suicide risk until appropriate mental 13
health services can be obtained. The facility administrator, or the 14
administrator's designee, shall be immediately notified if a juvenile: 15
(1) is suspected of being at risk of attempting suicide or in 16
emotional distress; 17
(2) has made a suicidal gesture or attempt; or 18
(3) scores in a suicide caution or warning range in a screening. 19
c. Every suicide gesture or attempt shall be reported to the 20
[Juvenile] Youth Justice Commission. 21
(cf: P.L.2007, c.315, s.2) 22
23
[67.] 66. Section 3 of P.L.2007, c.315 (C.52:17B-171.3) is 24
amended to read as follows: 25
3. Between 24 and 48 hours following admission to a county 26
juvenile detention facility, a juvenile shall undergo mental health 27
screening using a mental health screening tool designated by the 28
[Juvenile] Youth Justice Commission and in accordance with the 29
facility's written policies required by section 1 of this act. If the 30
screening tool indicates that a referral for additional screening or 31
mental health services is appropriate, that referral shall occur as 32
soon as possible. If the screening indicates a warning or caution, 33
the juvenile shall be placed on, and remain under, increased 34
supervision until it is determined by a mental health clinician that a 35
heightened level of supervision is no longer needed to ensure the 36
safety of the juvenile. 37
(cf: P.L.2007, c.315, s.3) 38
39
[68.] 67. Section 6 of P.L.2007, c.315 (C.52:17B-171.5) is 40
amended to read as follows: 41
6. No person shall perform a suicide risk screening pursuant to 42
section 2 of this act or a mental health screening pursuant to section 43
3 of this act unless that person has been certified by the [Juvenile] 44
Youth Justice Commission as qualified to perform such screening. 45
(cf: P.L.2007, c.315, s.6) 46
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[69.] 68. Section 7 of P.L.2007, c.315 (C.52:17B-171.6) is 1
amended to read as follows: 2
7. The [Juvenile] Youth Justice Commission, in conjunction 3
with the Department of Children and Families, shall establish and 4
maintain a confidential Statewide database of the suicide risk 5
screenings required by section 2 of this act and the mental health 6
screenings required by section 3 of this act to be used exclusively 7
by persons performing suicide risk and mental health screenings. 8
(cf: P.L.2007, c.315, s.7) 9
10
[70.] 69. Section 8 of P.L.2007, c.315 (C.52:17B-171.7) is 11
amended to read as follows: 12
8. a. The [Juvenile] Youth Justice Commission shall monitor 13
the number of suicides that occur at each county juvenile detention 14
facility. 15
b. Upon an initial suicide at a facility, the commission shall 16
conduct an evaluation of the facility's compliance with the 17
provisions of this act, an accountability assessment and an action 18
report. 19
c. If a second suicide occurs within seven years of the initial 20
suicide, the [Juvenile] Youth Justice Commission shall, within 30 21
days, and with the approval of the Attorney General, evaluate the 22
facility for compliance with the provisions of this act. A facility 23
shall not admit additional juveniles until the Attorney General has 24
certified that the facility is in compliance with the provisions of this 25
act. 26
d. If a third or subsequent suicide occurs within seven years of 27
an initial suicide, the facility shall be immediately closed and shall 28
not reopen until the Governor determines that it shall reopen. A 29
task force comprised of the following seven members shall assist 30
the Governor in making this determination: the Executive Director 31
of the [Juvenile] Youth Justice Commission, or a designee; the 32
Attorney General, or a designee; the Child Advocate, or a designee; 33
the Commissioner of Children and Families, or a designee; one 34
public member; a director of a county juvenile detention facility, 35
but not of the county facility being evaluated; and a member of the 36
board of chosen freeholders of the county within which the facility 37
being evaluated is located. 38
(cf: P.L.2007, c.315, s.8) 39
40
[71.] 70. Section 9 of P.L.2007, c.315 (C.52:17B-171.8) is 41
amended to read as follows: 42
9. The [Juvenile] Youth Justice Commission shall include the 43
following information on the commission's website: 44
a. All reports monitoring the operations of county juvenile 45
detention centers, including, but not limited to, any corrective 46
S2423 POU, MCKNIGHT
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actions taken against or penalties imposed on a center, if applicable; 1
and 2
b. The rated census capacity and the average monthly 3
population for each county juvenile detention center. 4
(cf: P.L.2007, c.315, s.9) 5
6
[72.] 71. Section 10 of P.L.2007, c.315 (C.52:17B-171.9) is 7
amended to read as follows: 8
10. The [Juvenile] Youth Justice Commission shall, in 9
conjunction with the Police Training Commission and mental health 10
experts, develop a training curriculum for juvenile detention 11
officers and youth workers focusing on the mental health needs of 12
the juvenile detention population. 13
(cf: P.L.2007, c.315, s.10) 14
15
[73.] 72. Section 11 of P.L.2007, c.315 (C.52:17B-171.10) is 16
amended to read as follows: 17
11. The [Juvenile] Youth Justice Commission, in conjunction 18
with the Department of Children and Families, shall annually 19
submit to the Governor and the Legislature, for seven years 20
following the effective date of this act, a report detailing: 21
a. the number of suicides and suicide attempts at each county 22
juvenile detention facility; 23
b. the number of suicide and mental health screenings that have 24
been conducted at each facility and the number of juveniles whose 25
screenings have indicated a warning or caution; 26
c. the number of juveniles who have been referred for 27
additional screening or evaluation; and 28
d. a summary of the diagnoses for juveniles who have received 29
treatment. 30
(cf: P.L.2007, c.315, s.11) 31
32
[74.] 73. Section 12 of P.L.2007, c.315 (C.52:17B-171.11) is 33
amended to read as follows: 34
12. The [Juvenile] Youth Justice Commission, pursuant to the 35
"Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et 36
seq.) shall adopt rules and regulations necessary to implement the 37
provisions of this act, which may include: 38
a. penalties for continued violations of the manual of standards 39
applicable to county detention centers; and 40
b. a graduated system of intermediate fines and penalties for 41
violations of the provisions of the act. 42
(cf: P.L.2007, c.315, s.12) 43
44
[75.] 74. Section 8 of P.L.2009, c.329 (C.52:17B-171.12) is 45
amended to read as follows: 46
S2423 POU, MCKNIGHT
102
8. The [Juvenile] Youth Justice Commission shall ensure that 1
prior to the scheduled date of release of a juvenile from a detention 2
facility or a facility in which the juvenile was incarcerated, the 3
appropriate staff at the facility notify the applicable county welfare 4
agency to process the reinstatement of the juvenile in the Medicaid 5
program if the juvenile was enrolled in Medicaid prior to detention 6
or incarceration and continues to meet eligibility requirements for 7
the program. 8
As used in this act, "Medicaid" means the Medicaid program 9
established pursuant to P.L.1968, c.413 (C.30:4D-1 et seq.). 10
(cf: P.L.2009, c.329, s.8) 11
12
[76.] 75. Section 5 of P.L.2015, c.89 (C.52:17B-171.13) is 13
amended to read as follows: 14
5. a. A juvenile detained in, or sentenced to, a State juvenile 15
correctional facility or county juvenile detention center shall not be 16
subject to room restriction unless the juvenile poses an immediate 17
and substantial risk of harm to others or to the security of the 18
facility, and all other less-restrictive options have been exhausted. 19
b. A juvenile may be subject to room restriction only for the 20
minimum time required to address the safety risk and for a period 21
that does not compromise the mental and physical health of the 22
juvenile, but in no case shall a juvenile be held in room restriction 23
for more than eight consecutive waking hours without being 24
released for at least two hours for recreation and exercise. 25
c. A juvenile who is 15 years of age or younger shall not be 26
subject to room restriction for more than two consecutive days. A 27
juvenile who is 16 years of age or older but younger than 18 years 28
of age shall not be subject to room restriction for more than three 29
consecutive days. A juvenile who is 18 years of age or older shall 30
not be subject to room restriction for more than five consecutive 31
days. A juvenile shall not be subject to room restriction for more 32
than 10 total days in a calendar month. 33
d. Juveniles subject to room restriction shall continue to 34
receive health, mental health, and educational services. 35
e. Each State correctional facility or county juvenile detention 36
facility shall document, in aggregate, the use of room restriction, 37
including the dates and duration of each occurrence, the reason for 38
placement in room restriction, and the race, age, and gender of the 39
juvenile placed in room restriction. If any health or mental health 40
clinical evaluations were performed, it shall be affirmatively 41
certified that the results of those evaluations were considered in any 42
decision to place the juvenile in room restriction or to continue 43
room restriction. 44
The aggregate data compiled pursuant to this subsection shall be: 45
(1) made available for public inspection pursuant to P.L.1963, 46
c.73 (C.47:1A-1 et seq.), commonly known as the open public 47
records act; and 48
S2423 POU, MCKNIGHT
103
(2) published on the official Internet website of the [Juvenile] 1
Youth Justice Commission. 2
f. This section shall not prohibit the use of single-person 3
rooms or cells for the housing of juveniles in State correctional or 4
county juvenile detention centers. 5
g. This section does not apply to juveniles in court holding 6
facilities or adult facilities. 7
h. Nothing in this section shall be construed to conflict with 8
any law providing greater or additional protections to juveniles. 9
i. For the purposes of this section, "room restriction" shall 10
mean the placement of a juvenile in a State juvenile correctional 11
facility or county juvenile detention center in a locked room or cell, 12
alone or with one other person, for 22 to 24 hours per day. Room 13
restriction shall not include confinement of a juvenile in a single-14
person room or cell for brief periods of locked-room confinement 15
necessary for institutional operations, including, but not limited to, 16
shift changes, showering, and unit movements. 17
(cf: P.L.2015, c.89, s.5) 18
19
[77.] 76. Section 18 of P.L.2019, c.363 (C.52:17B-171.14) is 20
amended to read as follows: 21
18. a. The [Juvenile] Youth Justice Commission shall establish 22
a program to collect, record, and analyze data regarding juveniles 23
who were sentenced to a term of incarceration. In furtherance of 24
this program, the commission shall collect the following data: 25
(1) the offense for which the juvenile was incarcerated; the term 26
of incarceration imposed on the juvenile, including a term of 27
incarceration imposed for a violation of parole; the age, gender, 28
race, and ethnicity of the juvenile; the county where the juvenile 29
was adjudicated delinquent; the classification of the juvenile; and 30
whether the juvenile was sentenced to an extended term of 31
incarceration; 32
(2) aggregate data of incidents of violence, suicide, suicide 33
attempts, hospitalizations, and any form of segregation or isolation 34
of a juvenile for all facilities where juveniles are placed; and 35
(3) the amount of time remaining on each sentence of 36
incarceration imposed on a juvenile whose parole was revoked; 37
whether the violation that was the basis for the revocation was 38
technical or based upon a new offense; the age, gender, race, and 39
ethnicity of the juvenile; and the county where the juvenile's parole 40
was revoked by the court. 41
b. The commission shall prepare and publish on its Internet 42
website biennial reports summarizing the aggregated data collected, 43
recorded, and analyzed pursuant to subsection a. of this section. 44
c. The commission shall publish on its Internet website the 45
criteria that are used to determine whether a juvenile is granted 46
parole. The commission also shall provide this information to every 47
S2423 POU, MCKNIGHT
104
juvenile who is sentenced to a term of incarceration. 1
(cf: P.L.2019, c.363, s.18) 2
3
[78.] 77. Section 4 of P.L.1995, c.284 (C.52:17B-172) is 4
amended to read as follows: 5
4. a. The advisory council to the [Juvenile] Youth Justice 6
Commission shall consist of the following members: 7
(1) The Commissioner of the Department of Labor and 8
Workforce Development, the Commissioner of the Department of 9
Health [and Senior Services], the Commissioner of the Department 10
of Community Affairs, the Chairperson of the Civil Service 11
Commission, the Public Defender and a county prosecutor selected 12
by and serving at the pleasure of the Governor or a person 13
designated by one of the forenamed officers to serve in that officer's 14
place; 15
(2) Nine members who shall be selected for their knowledge, 16
competence, experience or interest in the juvenile justice system. 17
Appointments shall be made as follows: three by the President of 18
the Senate, no more than two of whom shall be of the same political 19
party; three by the Speaker of the General Assembly, no more than 20
two of whom shall be of the same political party and three by the 21
Governor, no more than two of whom shall be of the same political 22
party. 23
b. The term of office of each public member of the advisory 24
council shall be three years; except that of the first members 25
appointed, one appointed by the Governor, one by the President of 26
the Senate and one by the Speaker of the General Assembly shall be 27
appointed for a term of one year, one appointed by the Governor, 28
one by the President of the Senate and one by the Speaker of the 29
General Assembly shall be appointed for a term of two years and 30
the remaining three members shall be appointed for a term of three 31
years. Each member shall serve until a successor has been 32
appointed and qualified, and vacancies shall be filled in the same 33
manner as the original appointments for the remainder of the 34
unexpired term. A member is eligible for reappointment to the 35
council. 36
c. The Governor shall appoint the chair of the advisory council 37
from among the members of the council. The chair shall serve at 38
the pleasure of the Governor during the Governor's term of office 39
and until the appointment and qualification of the chair's successor. 40
The members of the council shall elect a vice-chair from among the 41
members of the council. 42
d. The members of the council shall receive no compensation 43
for their services. 44
(cf: P.L.2008, c.29, s.110) 45
46
[79.] 78. Section 6 of P.L.1995, c.284 (C.52:17B-174) is 47
amended to read as follows: 48
S2423 POU, MCKNIGHT
105
6. a. The [Juvenile] Youth Justice Commission shall employ, 1
within the limits of available funds, juvenile corrections officers to 2
staff each State secure juvenile facility and to provide security for 3
other State juvenile facilities and programs including parole 4
programs as deemed appropriate and to perform all other duties 5
related to enforcement of confinement and conditions of release 6
including execution of warrants and legal process. Juvenile 7
corrections officers shall be in the competitive division of the career 8
service established pursuant to N.J.S.11A:3-2, "policemen" within 9
the meaning of section 1 of P.L.1944, c.255 (C.43:16A-1) and 10
members of the Police and Firemen's Retirement System of New 11
Jersey established pursuant to section 2 of P.L.1944, c.255 12
(C.43:16A-2), and shall be "employees" within the meaning of 13
section 3 of P.L.1941, c.100 (C.34:13A-3). 14
b. Except as provided in subsection c. of this section, no person 15
shall be appointed as a juvenile corrections officer unless that 16
person: 17
(1) Is a citizen of the United States; 18
(2) Is able to read, write and speak the English language well 19
and intelligently; 20
(3) Has a high school diploma or its equivalent; 21
(4) Is sound in body and of good health; 22
(5) Is of good moral character; 23
(6) Has not been convicted of any offense which would make 24
the person unfit to perform the duties of a juvenile corrections 25
officer; 26
(7) Has successfully completed the training course approved by 27
the Police Training Commission and required by section 5 of 28
P.L.1988, c.176 (C.52:17B-68.1) or is exempt pursuant to the 29
provisions of that section; and 30
(8) Meets such other qualifications, including education and 31
training, as may be specified by the commission in consultation 32
with the Civil Service Commission. 33
c. (1) Pending appointment of a full complement of juvenile 34
corrections officers who meet the requirements of subsection b. of 35
this section, the commission and the Commissioner of Corrections 36
shall arrange through agreement for the assignment of corrections 37
officers necessary to fill the positions transferred pursuant to 38
section 8 of P.L.1995, c.284 (C.52:17B-176). Corrections officers 39
assigned to the commission pursuant to such an agreement shall be 40
under the supervision of the commission during the period of 41
assignment as provided by the agreement between the commission 42
and the Commissioner of Corrections. The primary concerns of all 43
agreements governing assignment and supervision shall be public 44
safety and safety within the facilities and programs. No officer 45
assigned pursuant to such an agreement shall, by virtue of such 46
assignment, be considered an employee of the commission or lose 47
or suffer any diminution of any right, power, privilege or benefit to 48
S2423 POU, MCKNIGHT
106
which the employee would otherwise be entitled pursuant to the 1
provisions of Title 11A of the New Jersey Statutes, Title 34 of the 2
Revised Statutes, or Title 43 of the Revised Statutes, including any 3
rights, powers, privileges or benefits as to salary, seniority, 4
promotion, re-employment, retirement, pension or representation 5
for purposes of collective bargaining; 6
(2) Notwithstanding the provisions of subsection b. of this 7
section, a corrections officer assigned to the commission pursuant 8
to this section shall not be considered ineligible for the position of 9
juvenile corrections officer solely because the officer does not meet 10
any educational or training requirement the commission may 11
establish and may be appointed as a juvenile corrections officer if 12
the officer applies for such position within 18 months of the 13
effective date of this act. A juvenile corrections officer appointed 14
pursuant to this subsection shall not be deprived of any right or 15
protection provided by Title 11A of the New Jersey Statutes or any 16
pension or retirement system and, notwithstanding any law or 17
regulation to the contrary, shall be eligible to compete for vacant 18
positions within the Department of Corrections with full credit for 19
experience, service and rank earned as an employee of the 20
Department of Corrections and such credit for experience, service 21
and rank earned as an employee of the commission as the 22
Commissioner of Corrections, after consultation with the Civil 23
Service Commission, deems appropriate. 24
d. Each juvenile corrections officer shall by virtue of such 25
employment and in addition to any other power or authority, be 26
empowered to act as an officer for the detection, apprehension, 27
arrest and adjudication of offenders against the law and, subject to 28
regulations promulgated by the commission and conditions set forth 29
in N.J.S.2C:39-6, shall have the authority to possess and carry a 30
firearm. 31
(cf: P.L.2008, c.29, s.111) 32
33
[80.] 79. Section 8 of P.L.1995, c.284 (C.52:17B-176) is 34
amended to read as follows: 35
8. a. The following are transferred to the [Juvenile] Youth 36
Justice Commission: 37
(1) The custody and care of any juvenile adjudicated delinquent 38
and committed or classified to the custody of the Department of 39
Corrections or committed or classified to the custody or care of the 40
Division of Juvenile Services of the Department of Human 41
Services, pursuant to section 24 of P.L.1982, c.77 (C.2A:4A-43) as 42
modified by Reorganization Plan No. 001-1993, P.L.1993, c.283, 43
and Executive Order No. 93 of 1993, or serving a term of 44
incarceration in a county detention facility pursuant to section 1 of 45
P.L.1992, c.211 (C.2A:4A-44.1); 46
(2) The New Jersey Training School for Boys created pursuant 47
to R.S.30:1-7 and transferred to the Commissioner of Corrections 48
S2423 POU, MCKNIGHT
107
pursuant to section 8 of P.L.1976, c.98 (C.30:1B-8) and the Juvenile 1
Medium Security Facility created pursuant to R.S.30:1-7; 2
(3) All residential and day care facilities and programs 3
established pursuant to the powers delegated to the Division of 4
Juvenile Services, Department of Corrections, by the Commissioner 5
of the Department of Corrections pursuant to his powers contained 6
in P.L.1976, c.98 (C.30:1B-1 et seq.), along with all those youth 7
committed to participate therein by court order, law, classification, 8
regulation or contract which were subsequently transferred to the 9
Division of Juvenile Services, Department of Human Services by 10
Reorganization Plan No. 001-1993; 11
(4) All furnishings and equipment presently located in the 12
institutions and programs of the Division of Juvenile Services and 13
in the institutions and programs of the Department of Corrections 14
transferred to the commission pursuant to subsections b. and c. of 15
this section, and, except as provided in section 6 of P.L.1995, c.284 16
(C.52:17B-174), all staff assigned to those institutions and 17
programs, including administrative and support staff; 18
(5) All operating and capital funding demarcated for the 19
institutions and programs set forth in this section, including funding 20
from bonds and funding for administrative costs associated with the 21
institutions and programs; 22
(6) All functions, powers, duties and authority of the 23
Commissioner of Corrections, including any transferred to the 24
Commissioner of Human Services pursuant to Reorganization Plan 25
No. 001-1993, with respect to all juvenile detention facilities 26
throughout the State pursuant to section 18 of P.L.1982, c.77 27
(C.2A:4A-37); 28
(7) The powers, duties and responsibilities of the Commissioner 29
of Corrections for establishing standards and monitoring of juvenile 30
detention facilities pursuant to section 18 of P.L.1982, c.77 31
(C.2A:4A-37), transferred to the Commissioner of Human Services 32
by Reorganization Plan No. 001-1993; 33
(8) All existing written agreements made between county 34
governments and the Department of Corrections or the Department 35
of Human Services concerning juvenile detention centers are hereby 36
modified to transfer the responsibilities, duties and obligations 37
specified in these agreements between the county governments and 38
the commission; 39
(9) The Juvenile Detention Monitoring Unit, Department of 40
Corrections, established pursuant to the powers of the 41
Commissioner of Corrections pursuant to P.L.1976, c.98 (C.30:1B-42
1 et seq.), to fulfill the obligations of the Department of Corrections 43
in monitoring juvenile detention centers throughout the State 44
pursuant to the Federal "Juvenile Justice and Delinquency 45
Prevention Act of 1974," as amended, and pursuant to section 18 of 46
P.L.1982, c.77 (C.2A:4A-37), which was transferred to the 47
S2423 POU, MCKNIGHT
108
Department of Human Services by Reorganization Plan No. 001-1
1993, along with its staff, powers, duties and responsibilities; 2
(10) The legal custody and supervision of each juvenile parolee; 3
the functions, powers, duties and authority of the State Parole Board 4
established pursuant to P.L.1979, c.441 (C.30:4-123.45 et seq.), 5
regarding juvenile offenders are continued, but the State Parole 6
Board shall file all of its reports and recommendations regarding 7
juveniles with the commission; 8
(11) All funding, programs and positions created or dedicated to 9
provide juvenile parole services by the Bureau of Parole within the 10
Department of Corrections in accordance with an agreement 11
between the Executive Director of the commission and the 12
Commissioner of Corrections in consultation with the State Parole 13
Board when an orderly transfer of the function has been completed 14
including appropriate changes in the reporting requirements, 15
funding, positions, and administrative housing and support; 16
(12) The powers, duties, and responsibilities of the Office of 17
Education created and established in the Departments of 18
Corrections and Human Services pursuant to the "State Facilities 19
Education Act of 1979," sections 12 and 13 of P.L.1979, c.207 20
(C.18A:7B-8 and 18A:7B-9) for the education of those juvenile 21
offenders whose custody is transferred to the commission pursuant 22
to this act is transferred to the Office of Education established in the 23
commission pursuant to section 10 of P.L.1995, c.284 (C.52:17B-24
178) along with staff, existing and future moneys and other 25
educational resources demarcated for juveniles whose custody is 26
transferred pursuant to this act, including funds collected pursuant 27
to the authority granted in the "State Facilities Education Act of 28
1979," P.L.1979, c.207 (C.18A:7B-1 et seq.), federal and State 29
educational grants and contract funds received for the benefit of 30
juvenile offenders whose custody is transferred pursuant to this act; 31
(13) The powers, duties, and responsibilities of the Bureau of 32
Juvenile Justice, including the Juvenile Justice and Delinquency 33
Prevention Unit, in the Division of Criminal Justice, Department of 34
Law and Public Safety established pursuant to section 4 of 35
P.L.1948, c.439 (C.52:17B-4), along with its staff, powers, duties 36
and responsibilities; and 37
(14) All funding appropriated to the Department of Human 38
Services and demarcated for distribution by the department for 39
youth services commission funding. 40
b. Whenever in any law, rule, regulation, order, contract, lease, 41
document, judicial or administrative proceeding or otherwise, 42
reference is made to the Commissioner of the Department of 43
Corrections regarding a juvenile or juvenile offender as defined in 44
P.L.1982, c.77 (C.2A:4A-20 et seq.), or is made to the Division of 45
Juvenile Services transferred from the Department of Corrections to 46
the Department of Human Services by Reorganization Plan No.001- 47
S2423 POU, MCKNIGHT
109
1993 the same shall mean and refer to the commission. 1
(cf: P.L.1995, c.284, s.8) 2
3
[81.] 80. Section 10 of P.L.1995, c.284 (C.52:17B-178) is 4
amended to read as follows: 5
10. There is hereby created and established in the [Juvenile] 6
Youth Justice Commission an Office of Education to be headed by a 7
Director of Educational Services who shall supervise the 8
educational programs in all juvenile facilities operated by the 9
[Juvenile] Youth Justice Commission and shall approve, except as 10
provided in section 9 of P.L.1995, c.284 (C.52:17B-177) all 11
personnel to be hired for such programs. 12
The director shall hold the appropriate certificate issued by the 13
State Board of Examiners and shall be qualified by training and 14
experience for his position and shall be appointed by the executive 15
director with the approval of the executive board. The director shall 16
serve at the pleasure of the executive board. 17
The director shall establish primary, secondary, and vocational 18
programs which meet the educational needs of school age persons 19
for whom the commission is responsible. Appropriate credit and 20
certification shall be given for the successful completion of such 21
programs. 22
(cf: P.L.1995, c.284, s.10) 23
24
[82.] 81. Section 1 of P.L.1995, c.283 (C.52:17B-179) is 25
amended to read as follows: 26
1. a. A State/Community Partnership Grant Program is 27
established within the [Juvenile] Youth Justice Commission 28
established pursuant to section 2 of P.L.1995, c.284 (C.52:17B-170) 29
to support, through grants allocated to county youth services 30
commissions established pursuant to P.L.1995, c.282 (C.52:17B-31
180), facilities, sanctions and services for juveniles adjudicated or 32
charged as delinquent and programs for prevention of juvenile 33
delinquency. This program is established in order to: 34
(1) Encourage development of sanctions and services for 35
juveniles adjudicated and charged as delinquent and programs for 36
prevention of juvenile delinquency that protect the public, ensure 37
accountability and foster rehabilitation; 38
(2) Increase the range of sanctions for juveniles adjudicated 39
delinquent; 40
(3) Reduce overcrowding in State juvenile institutions and other 41
facilities to ensure adequate bedspace for serious, violent and 42
repetitive offenders; 43
(4) Reduce overcrowding in county detention facilities; 44
(5) Provide greater access to community-based sanctions and 45
services for minority and female offenders; 46
S2423 POU, MCKNIGHT
110
(6) Expand programs designed to prevent juvenile delinquency; 1
and 2
(7) Promote public safety by reducing recidivism. 3
b. The [Juvenile] Youth Justice Commission shall administer 4
the State/Community Partnership Grant Program and shall: 5
(1) Establish criteria and procedures for grant applications and 6
disbursement by regulation; 7
(2) Determine how best to allocate Partnership funds; 8
(3) Set standards and procedures for eligibility, operation, 9
supervision and evaluation; 10
(4) Advise and assist county youth services commissions in 11
preparation of county plans and grant applications; 12
(5) Award grants; 13
(6) Set standards for and determine eligibility for continued 14
Partnership funding; 15
(7) Collect and provide information about community-based 16
services and sanctions; and 17
(8) Monitor and evaluate implementation of county plans and 18
the provision of services, sanctions and programs provided pursuant 19
to this act. 20
(cf: P.L.1995, c.283, s.1) 21
22
[83.] 82. Section 1 of P.L.1995, c.282 (C.52:17B-180) is 23
amended to read as follows: 24
1. a. In order to qualify for award of State/Community 25
Partnership Grant funds established pursuant to P.L.1995, c.283 26
(C.52:17B-179) a county shall: 27
(1) Establish a county youth services commission in accordance 28
with regulations promulgated by the [Juvenile] Youth Justice 29
Commission established pursuant to section 2 of P.L.1995, c.284 30
(C.52:17B-170); 31
(2) Submit and obtain [Juvenile] Youth Justice Commission 32
approval of a triennial comprehensive plan for services and 33
sanctions for juveniles adjudicated or charged as delinquent and 34
programs for the prevention of juvenile delinquency which: 35
(a) are designed to promote the goals of P.L.1995, c.283 36
(C.52:17B-179); 37
(b) provide recommendations for funding of programs, sanctions 38
and services that enhance and expand the range of sanctions and 39
services for juveniles adjudicated or charged as delinquent and 40
programs designed to prevent delinquency; 41
(c) make services available in geographical locations within the 42
county where juveniles in need reside; and 43
(d) provide for distribution of State/Community Partnership 44
Grant funds by the county in accordance with contracts or 45
agreements executed by the appropriate county officials in 46
accordance with applicable law. 47
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b. The [Juvenile] Youth Justice Commission shall establish by 1
regulation: 2
(1) Specific guidelines as to membership of a county youth 3
services commission; 4
(2) Specific requirements for the administration of the 5
State/Community Partnership Grant funds awarded by the county. 6
c. Notwithstanding the provisions of subsection a. of this 7
section, the county governing body may elect, upon annual written 8
request approved by the executive director, to designate a 9
commission, council or agency to assume the responsibilities of a 10
county youth services commission in that county. Approval of such 11
a request shall be contingent upon the governing body 12
demonstrating that the membership of the designated entity is 13
sufficiently representative of persons and agencies interested in the 14
juvenile justice system to permit the entity to perform the duties and 15
responsibilities of a county youth services commission, that the 16
members of the designated entity are otherwise qualified to perform 17
the duties and responsibilities of members of a county youth 18
services commission, and that the designated entity has the 19
authority and responsibility to carry out the duties and 20
responsibilities of a county youth services commission. 21
d. A county youth services commission shall: 22
(1) Recommend to the governing body of the county the 23
approval or disapproval of contracts with local government or 24
private agencies that desire participation in the State/Community 25
Partnership Grant Program; 26
(2) Monitor the operations of programs receiving 27
State/Community Partnership Grant funds with reference to 28
compliance with standards, policies and rules established by the 29
[Juvenile] Youth Justice Commission; 30
(3) Monitor and evaluate the impact of the programs receiving 31
State/Community Partnership Grant funds, including the nature of 32
the offender or at risk populations served by the funded programs, 33
and prepare a written report with relevant documentation, on an 34
annual basis, to be submitted to the [Juvenile] Youth Justice 35
Commission as part of the commission's triennial plan and annual 36
update; and 37
(4) Perform such other duties as may be established by the 38
[Juvenile] Youth Justice Commission to achieve the purposes of 39
P.L.1995, c.284 (C.52:17B-169 et seq.) which creates the 40
[Juvenile] Youth Justice Commission and P.L.1995, c.283 41
(C.52:17B-179) which creates the State/Community Partnership 42
Grant Program. 43
e. No county may use funds received pursuant to this section to 44
supplant or replace existing funds or other resources from federal, 45
State or county government for existing juvenile justice-related 46
programs or for purposes of capital construction or renovation. 47
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f. If a county elects not to participate in the State/Community 1
Partnership Grant Program, the commission is authorized to allocate 2
and expend that county's share of Partnership funding in a manner 3
consistent with the commission's Juvenile Justice Master Plan. 4
(cf: P.L.2005, c.164, s.2) 5
6
[84.] 83. Section 3 of P.L.1995, c.330 (C.52:17B-183) is 7
amended to read as follows: 8
3. As used in this act: 9
a. "Commission" means the [Juvenile] Youth Justice 10
Commission in, but not of, the Department of Law and Public 11
Safety established pursuant to P.L.1995, c.284 (C.52:17B-169 et 12
seq.). 13
b. "Commissioner" means the Commissioner of the Department 14
of Corrections. 15
c. "Juvenile offender" means a person at least 14 years old at the 16
time of disposition who has been adjudicated delinquent for an act 17
which, if committed by an adult, would constitute a crime, 18
excluding an adjudication for any act which would constitute a 19
crime of the first degree or a crime under chapter 14 of Title 2C of 20
the New Jersey Statutes. 21
d. "Youthful offender" means a person between 18 and 30 years 22
of age who has been convicted of a crime, excluding any person 23
convicted of: 24
(1) a crime of the first degree; 25
(2) a crime under chapter 14 of Title 2C of the New Jersey 26
Statutes; 27
(3) a crime which requires the imposition of a mandatory term 28
of imprisonment without eligibility for parole, unless the person has 29
less than one year of the mandatory portion of the sentence 30
remaining; or 31
(4) a crime of the second degree under any of the following: 32
N.J.S.2C:11-4, N.J.S.2C:12-1, N.J.S.2C:13-1, N.J.S.2C:15-1, 33
N.J.S.2C:18-2 or N.J.S.2C:39-4 for possession of a weapon with the 34
purpose of using it unlawfully against the person of another. 35
(cf: P.L.1997, c.55, s.1) 36
37
[85.] 84. Section 45 of P.L.1996, c.62 (C.55:19-60) is amended 38
to read as follows: 39
45. a. There is established in, but not of, the Department of 40
Community Affairs an Urban Coordinating Council. 41
b. The Urban Coordinating Council shall be comprised of the 42
Governor, the chief officer of each department of the executive 43
branch, and the executive directors of the New Jersey 44
Redevelopment Authority, the New Jersey Economic Development 45
Authority, the Casino Reinvestment Development Authority, the 46
State Planning Commission, the New Jersey Housing and Mortgage 47
Finance Agency, the [Juvenile] Youth Justice Commission and the 48
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Commission on Higher Education. The council shall be chaired by 1
the Governor. Members of the council may be represented on the 2
council by their designees. 3
(cf: P.L.1996, c.62, s.45) 4
5
[86.] 85. This act shall take effect immediately. 6