Hearing Requirements for Transfer of Juvenile to Adult Corrections Facility in NJ
- October 4, 2012
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The Appellate Division ordered the Juvenile Justice Commission to rewrite its regulations to afford juveniles prior written notice, a hearing before an impartial trier of fact, written findings of fact and some form of representation prior to their transfer to an adult facility. The transfer of a juvenile 16 years or older from the Juvenile Justice Commission to the Department of Corrections is acceptable when the juvenile’s presence in the juvenile facility threatens the safety of other juveniles in the facility, operations of the facility of the public safety. Previously, the regulations did not include any notice, opportunity to be heard or any form of representation. The new ruling provides juveniles with these due process rights previously denied them. The Court specifically held that there is great importance for juveniles to have access to attorneys once they are involved with the criminal justice system. In its decision, the Court did not go so far as to require the appointment of counsel to those who could not afford representation. Additionally, there is no need for the Family Part Judge who rendered the decision to incarcerate the juvenile to become involved in adjudication of any transfer decision. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter. The consequences of being accused of a crime can affect juveniles for the rest of their lives, even if they reach a plea agreement that may seem favorable at first glance. Any juveniles charged with a crime should consult an experienced criminal defense attorney immediately in order to protect your rights. For more information on juvenile matters and other criminal law matters, including municipal court matters, in New Jersey visit HeatherDarlingLawyer.com.