New Jersey Transfer Provisions

LaShunda located the following below. It's via "Transfer Provisions" from the NCJJ.

New Jersey Transfer Provisions as amended through the 2006 legislative sessions

Lower Age: None specified Upper Age: 17

Discretionary Waiver On motion of the prosecutor, the juvenile court may waive jurisdiction over a child of at least 14 who meets statutory offense/record criteria, if it finds (1) that there is probable cause to believe the child committed the alleged offense and (2) that the State has proven "that the nature and circumstances of the charge or the prior record of the juvenile are sufficiently serious that the interests of the public require waiver." Even where the State has made such a showing, however, if the child "can show that the probability of his rehabilitation by the use of the procedures, services and facilities available to the court prior to...reaching the age of 19 substantially outweighs the reasons for waiver, waiver shall not be granted." Whether the court grants or denies the motion, it must state its reasons in writing. If the motion is granted, the order referring the case for adult prosecution covers not only the main offense but all other offenses arising out of or related to the same transaction. Offense Category Minimum Age Offense Detail Any criminal 14 Any crime committed by a person previously adjudicated delinquent for/convicted of any of a number of listed offenses (criminal homicide other than death by auto, strict liability for a drug-induced death, first degree robbery, aggravated sexual assault, sexual assault, second degree aggravated assault, kidnapping, or aggravated arson); any crime commited by a person previously confined in an adult penal institution; any crime that is part of a continuing criminal activity in concert with at least two others where circumstances indicate that the offender "knowingly devoted himself to criminal activity as a source of livelihood." Murder 14 Death by auto if the child was driving under the influence, or any attempt or conspiracy to commit this crime. Person 14 Any offense against the person committed in an aggressive, violent, and willful manner, or any attempt or conspiracy to commit any such offense. Property 14 Arson; any attempt or conspiracy to commit arson; auto theft. Drug 14 Manufacturing or distributing controlled substances, and various related offenses, or any attempt or conspiracy to commit these crimes. Weapon 14 Unlawful possession of a firearm, destructive device, or other prohibited weapon, or any attempt or conspiracy to possess such a weapon.

Presumptive Waiver In a waiver hearing involving a child meeting age/offense criteria for presumptive waiver, the State need not make a showing that the public interest requires a waiver; the court need only find probable cause in order to waive jurisdiction. However, even in such a case, if the child "can show that the probability of his rehabilitation by the use of the procedures, services and facilities available to the court prior to...reaching the age of 19 substantially outweighs the reasons for waiver, waiver shall not be granted." Offense Category Minimum Age Offense Detail Certain felonies 14 The crime of escape if committed with a firearm, and any attempt or conspiracy to commit this crime. Murder 14 Criminal homicide other than death by auto, strict liability for a drug-induced death, or any attempt or conspiracy to commit these crimes. Person 14 First degree robbery, carjacking, aggravated sexual assault, sexual assault, second degree aggravated assault, kidnapping, aggravated assault committed with a firearm, aggravated criminal sexual contact committed with a firearm, or any attempt or conspiracy to commit these crimes. Property 14 Aggravated arson, burglary committed with a firearm, or any attempt or conspiracy to commit those crimes. Drug 14 Distribution of controlled substances for pecuniary gain while on or near school property or on a school bus, or any attempt or conspiracy to commit this offense. Weapon 14 Possession of a firearm with a purpose to use it unlawfully against the person of another, or any attempt or conspiracy to do so.

Mandatory Waiver In a waiver hearing involving a child of at least 16 who is accused of various enumerated offenses, the State need not make a showing that the public interest requires a waiver, and the child is not entitled to raise the issue of "the probability of his rehabilitation by the use of the procedures, services and facilities available to the court prior to...reaching the age of 19." Rather, "the court shall, without the consent of the juvenile, waive jurisdiction" if it finds probable cause. Offense Category Minimum Age Offense Detail Certain felonies 16 The crime of escape if committed with a firearm. Murder 16 Criminal homicide other than death by auto, strict liability for a drug-induced death. Person 16 First degree robbery, carjacking, aggravated sexual assault, sexual assault, second degree aggravated assault, kidnapping, aggravated assault committed with a firearm, aggravated criminal sexual contact committed with a firearm. Property 16 Aggravated arson, burglary committed with a firearm. Drug 16 Distribution of controlled substances for pecuniary gain while on or near school property or on a school bus. Weapon 16 Possession of a firearm with a purpose to use it unlawfully against the person of another.

© 2000 (original copyright); © 2007 (most recent copyright) National Center for Juvenile Justice Citation: Griffin, Patrick. 2007. "Transfer Provisions." State Juvenile Justice Profiles. Pittsburgh, PA: National Center for Juvenile Justice. Online. Available: http://www.ncjj.org/stateprofiles/.