Diversionary Measures Within the Juvenile Justice System

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Diversionary
Measures
Within
The Juvenile
Justice System
By: Kathleen P. Holly
Assistant Prosecutor
“ABOUT”
 Deferral
v. Disposition
 Rehabilitation
 Crisis
v. Punishment
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
 Under
 Act
Delinquency
age 18
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.
 What
2A:72
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?
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