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?