Juvenile Bills
Passed:
One of our top priority bills for our juvenile attorney this session was HB 60 Juvenile Justice Modifications, which amends statutes related to juvenile records. Specifically, it prohibits public employers from excluding applicants from initial interviews due to a juvenile delinquency adjudication; requires the State Board of Education to include information about dangerous weapons in an annual report on school discipline and law enforcement action; provides that a juvenile may petition the juvenile court for vacatur of the adjudication if the adjudication was for a violation of prostitution, aiding prostitution, sexual solicitation, or human trafficking for labor if the petitioner engaged in the human trafficking for labor while subject to force, fraud, or coercion; clarifies the court can expunge records of arrest, investigation, detention, delinquency petitions, and non judicial adjustments; allows for expungement of a petition found not true 30 days after the judicial decision; requires the court to consider certain factors before expunging if the person is a restricted person creates automatic expungement for records consisting solely of successful non judicial adjustments completed on or after October 1, 2023. The court received $566,100 in funding for implementation.
HB 61 School Safety Requirements creates the School Security Task Force. The original version of this bill required all secondary schools to have a school resource officer (SRO), but this was removed in the final language. Instead, the bill standardizes SRO guidelines.
HB 122 Sex Offender Registry Amendments moves the registry requirements from the sentencing portion of the statute to the administrative section. It requires that any youth who register will be placed on a private registry and allows an offender under 21 years old whose conviction did not involve force or coercion to request a lifetime registration requirement be reduced to a ten-year requirement. This bill does NOT change which youth register.
HB 304 Juvenile Justice Revisions was one of our high priority issues. This bill designates existing funds for a juvenile gang and other violent crime prevention and intervention program; requires courts to notify schools and SROs about students that have committed violent felonies, weapons offenses, or are placed on probation; requires schools to create a reintegration plan for every student they receive a notification from court for; expands when a school can refer a case directly to law enforcement or court; allows for detention to be used for class C offenses and contempt of court for the substantive offense happening on school property; makes it a class B misdemeanor for a juvenile to possess a machine gun attachment; emphasizes reporting requirements on weapons brought to school; and modifies non judicial eligibility requirements, including adding to the list of offenses not eligible of NJ through probation. The original bill allowed detention to be used for status offenses (truancy) and the valid court order exception, allowed tobacco and truancy to be referred directly to law enforcement and court, and restricted NJA eligibility.
HB 400 School Absenteeism Amendments directs LEAs to include certain evidence-based strategies for children as part of their efforts to reduce student absenteeism. It amends the responsibilities of the Division of Juvenile Justice and Youth Services to require the use of evidence-informed and research-informed interventions.
HB 520 Child Welfare Changes would have amended the definition of “threatened harm” in the Juvenile code.
SB 15 Juvenile Offender Penalty Amendments clarifies that adult sentencing requirements apply to a youth who is transferred to the adult system. It does not change the improvements made to the law for delayed reporting.
SB 49 Juvenile Custodial Interrogation Amendments changes the time police officers may detain youth in a law enforcement holding room from 2 to 4 hours. Creates youth specific Miranda warnings.
SB 67 Juvenile Commitment Amendments prohibits the extension of a juvenile offender's term of secure care for a misdemeanor offense if it would exceed a term of imprisonment for an adult for the same offense.
SB 186 Juvenile Court Amendments clarifies that a request for restitution must be submitted to the court by the prosecuting attorney or victim’s attorney. The victim impact statement sent to probation by the victim does not constitute a request for restitution.
SB 220 Juvenile Court Judge Amendments increases the number of juvenile judges assigned to a certain judicial district from five to six.
SB 290 Juvenile Court Modifications was a bill we brought to the sponsor. It amends the original jurisdiction of the juvenile court to include jurisdiction over a petition for special findings and allows for the juvenile court to enter an order with special findings regarding the abuse, neglect, or dependence of a non citizen child up to the age of 21. Previously, the law only covered juveniles up to the age of 18.
Failed:
HB 334 Health Education Amendments is the bill that Rep. Moss runs every year to require the State Board of Education to establish curriculum requirements that include instruction in sexual assault resource strategies, sexual violence behavior prevention, and the legal implications of electronically distributing sexually explicit images. This bill would have also required a local education agency to review data, including data on sexual assault, for each county and use the reviewed data to inform policies on health education. This bill faces insurmountable opposition each year, despite the Legislature’s willingness to criminalize many behaviors that are not taught in schools. This bill was held in committee.
HB 404 Juvenile Interrogation Modifications would have allowed for the virtual presence of a parent, guardian, or friendly adult in the interrogation of a child and required a law enforcement agency to make an audio or visual recording of an interrogation of a child. Our juvenile attorney was involved in this effort but the bill ran out of time to be heard in the Senate.
HB 434 Parent and Student Rights and School Safety Amendments would have clarified that a school may share certain information regarding an incident of bullying, cyber-bullying, hazing, abusive conduct, or retaliation with a parent. It also required a school to provide regular communication updates to a parent regarding the implementation of an action plan to address these incidents. This bill was never heard in committee.
HB 536 Student Drug Possession Amendments would have required an LEA to amend their conduct and discipline policies to address the possession or use of certain tobacco or nicotine products. It sought to allow a school to issue a citation to a student who possesses a tobacco product, an electronic cigarette product, or a nicotine product on school property.
SB 145 Higher Education for Incarcerated Youth Program Amendments would have amended the Incarcerated Youth Program to include youth held in detention but was not assigned a standing committee in the House.
SB 163 Child Welfare Modifications provides that it is the public policy of the state that a parent retains the right to have contact with a child when the child is placed outside of the home and that a child has the right to have contact with siblings when the child is separated from them. It directs a juvenile court to make certain findings regarding parent-time and requires that parent-time be under the least restrictive conditions necessary to protect the child.