Diversionary Measures WithinThe Juvenile Justice SystemBy: Kathleen P. HollyAssistant Prosecutor

“ABOUT” Deferral v. Disposition

Rehabilitation v. Punishment

Crisis v. Serious Crime

“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

Questions?????????? Comments Thoughts How else may we help?