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“BEHAVIORS” Delinquent at risk youth or family
crisis Serious crimes/Formal
Disposition/Punishment/Waiver to Adult Court
Behaviors amenable to change Behaviors warranting more
probation, services, conditions, punishment
Behaviors requiring Indictment
“Challenges” Who decides? What are the options? What are the requirements? What are the benefits? For whom? When is a formal adjudication
needed? What are the benefits? For whom? What about Waiver? Indictment and
Conviction?
Deferrals Juvenile Delinquency
Under age 18
Act of Delinquency: crime, DP, PDP, violation of penal statute, ordinance or regulation
Types of Deferrals The Stationhouse Adjustment What is it? Alternative method to
handle juveniles who commit minor offenses without signing a complaint
Purpose? Immediate consequences, community service, restitution and resolution for victim; juvenile avoids formal record deter youth from further offenses
Stationhouse Adjustment School District Victim of minor
offense School must be notified and included in the process, as any other victim
No notification to school, due to particular circumstances. What about the curbside warning? Only when verbal warning and advisement of consequences will suffice
Role of County Intake Services After complaint signed Court Intake
Services considers Diversion Factors: Seriousness of conduct or
offense, age and maturity of juvenile, risk of danger to others, family circumstances, nature and # of contacts juvenile and family have had, outcome of contacts and any referrals, availability of services, recommendation by Prosecutor
Intake
Factors: amenability to remedial education or counselling, does it involve prostitution or human trafficking
Recommendation of Diversion N.J.S.A. 2A:72
What Happens? Reasons submitted must be approved by Court
Recommendation for Diversion If reason to believe parent/guardian
drug dependent or alcoholic, basis for determination must be stated
Notification to Prosecutor Hearing may be held Court may dismiss complaint if no
jurisdiction or probable cause
Types of Diversion Juvenile-Family Crisis, if DP or PDP
Court Intake Service Conference with notice to juvenile/parent/ guardian/ complainant/victim
Parties may be required to bring documents: medical, social, school records
Another Type of Diversion Juvenile Conference Committee:
appointed by Court/hearing held with notice
Goals similar to Intake Conference Juvenile Family Crisis Units: part of
Intake Services/ purpose stabilize juvenile /family/problems on a county-wide basis. 24 hour call service available
Counselors Master’s Degree/Equivalent experience
More Factors Will diversion hold juvenile
accountable?
Impact on Victim/s
Impact on Community
Prostitution/Human Trafficking
Intake Recommendation/Agreement Services/agencies/conditions like
restitution and counselling that will foster the goals of the program
Goals : Protection/accountability/interaction and dialogue/will the juvenile become a productive member of the community/future misconduct to be prevented
Conclusion of Diversion Second Intake Conference to
determine if goals met, if so dismissal
6 month diversion may be extended to 9 month
Confidential
What factors are considered? Seriousness of conduct/offense Age/maturity Risk substantial danger Family Circumstances Nature/number of contacts Result of contact Services Recommendation from
victim/complainant/or arresting officer
Immunity Overdose Prevention Act N.J.S.A. 2C:35-
30
When? A person in good faith seeks medical Assistance for one experiencing an overdose
For what? 2C:35-10, 2C:35-10.4, 2C:35-10.5, 2C:35-13, 2C:35-14, 2C:36-2 and2C:36-6
Formal Disposition When? No diversion More serious offenses Court does not approve diversion Objection No agreement reached
Types of Formal Dispositions Probation with conditions Conditions: Community service,
fines, penalties, restitution , Substance, psychological, psychiatric, psychosexual, fire watch evaluations
More services: outpatient treatment, Inpatient treatment, Residential community homes
Formal Disposition House Arrest Detention Home Detention Youth Shelter Juvenile Detention Jamesburg; Long-term
What about Waiver? Juvenile transferred to Adult Court Indictment For only the most serious crimes Punished as if an adult