Trenton, NJ – A new proposal in the New Jersey Senate would automatically transfer certain juvenile homicide cases involving stalking to adult criminal court.
Sen. Michael L. Testa Jr., representing Atlantic, Cape May, and Cumberland counties, introduced the legislation Monday.
Senate Bill 4837 requires judges to waive juvenile court jurisdiction for offenders aged 15 or older if there is probable cause the alleged homicide was connected to stalking behavior.
Key Points
- Senate Bill 4837 mandates adult court proceedings for juveniles charged with homicide linked to stalking.
- Juveniles under 21 convicted under the bill would serve their sentences in state juvenile facilities unless transferred by the Youth Justice Commission.
- The measure was introduced by Senator Michael Testa on November 10.
Automatic waiver for stalking-linked homicides
Under current law, New Jersey courts may waive juveniles aged 15 and older to adult court for serious offenses such as homicide, but the decision is not mandatory. Testa’s bill removes judicial discretion in certain cases by requiring automatic waiver if prosecutors show probable cause that a juvenile committed homicide, other than death by auto, and engaged in conduct that constitutes stalking under state law.
The bill directs the court to hold a hearing before granting a waiver, allowing both the State and the juvenile to present evidence. The State must meet the probable cause standard for both the homicide and stalking components.
Juvenile testimony protections
The proposal specifies that a juvenile’s testimony during the waiver hearing cannot later be used against them in determining guilt or delinquency. This safeguard aligns with existing juvenile justice procedures, ensuring that statements made during the waiver process are not admissible in subsequent trials.
Sentencing and facility placement
If a juvenile is waived to adult court and convicted, the bill establishes a presumption that the individual will serve their sentence in a juvenile facility operated by the Youth Justice Commission until reaching age 21. The commission may transfer the offender to the Department of Corrections if public safety or operational conditions require. Juveniles over 21 may continue serving in youth facilities if both they and the commission consent.
If the juvenile is acquitted of the homicide charge but convicted of a lesser offense, that conviction would be treated as a juvenile adjudication. In such cases, the matter would return to Family Court for disposition under the juvenile code rather than the adult criminal code.
Legislative intent and process
The legislation supplements New Jersey’s juvenile waiver statute under Title 2A and mirrors the structure of existing waiver provisions for serious crimes. According to its statement, the bill’s purpose is to ensure that stalking-related homicides committed by juveniles receive adult-level judicial scrutiny while maintaining current protections related to sentencing and confinement.
The proposal takes effect immediately upon enactment and will proceed through Senate committee review before any floor consideration.