Diversionary Measures Within The Juvenile Justice System By: Kathleen P. Holly Assistant 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: , 2C: , 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?