New Jersey § 2a:4a-43

§ 2a:4a-43.

Disposition of delinquency cases. a. In determining the appropriate disposition for a juvenile adjudicated delinquent

the court shall weigh the following factors: (1) The nature and circumstances of the offense; (2) The degree of injury to persons or damage to property caused by the juvenile's

offense; (3) The juvenile's age, previous record, prior social service received, and out-of-home

placement history; (4) Whether the disposition supports family strength, responsibility , and unity and the well-being and physical safety of the juvenile; (5) Whether the disposition provides for reasonable participation by the child's parent,

guardian, or custodian, provided, however, that the failure of a parent or parents

to cooperate in the disposition shall not be weighed against the juvenile in arriving

at an appropriate disposition; (6) Whether the disposition recognizes and treats the unique physical, psychological,

and social characteristics and needs of the child; (7) Whether the disposition contributes to the developmental needs of the child, including

the academic and social needs of the child where the child has intellectual disabilities

or learning disabilities; (8) Any other circumstances related to the offense and the juvenile's social history

as deemed appropriate by the court; (9) The impact of the offense on the victim or victims; (10) The impact of the offense on the community; and (11) The threat to the safety of the public or any individual posed by the child. b. If a juvenile is adjudged delinquent, and except to the extent that an additional

specific disposition is required pursuant to this section, the court, in accordance

with subsection i. of section 2 of P.L.1982, c. 77 ( C.2A:4A-21 ), may order incarceration pursuant to section 25 of P.L.1982, c. 77 ( C.2A:4A-44 ) or the court may order any one or more of the following dispositions: (1) Adjourn formal entry of disposition of the case for a period not to exceed 12

months for the purpose of determining whether the juvenile makes a satisfactory adjustment,

and if during the period of continuance the juvenile makes such an adjustment, dismiss

the complaint ; (2) Release the juvenile to the supervision of the juvenile's parent or guardian; (3) Place the juvenile on probation to the chief probation officer of the county or

to any other suitable person who agrees to accept the duty of probation supervision

for a period not to exceed three years upon such written conditions as the court deems

will aid rehabilitation of the juvenile; (4) Transfer custody of the juvenile to any relative or other person determined by

the court to be qualified to care for the juvenile; (5) Place the juvenile under the care and responsibility of the Department of Children

and Families so that the commissioner may designate a division or organizational unit

in the department pursuant to P.L.1951, c. 138 ( C.30:4C-1 et seq. ) for the purpose of providing services in or out of the home. Within 14 days, unless for good cause shown, but not later than 30 days, the Department

of Children and Families shall submit to the court a service plan, which shall be

presumed valid, detailing the specifics of any disposition order. The plan shall be developed within the limits of fiscal and other resources available

to the department. If the court determines that the service plan is inappropriate, given existing resources,

the department may request a hearing on that determination; (6) Place the juvenile under the care and custody of the Commissioner of Children

and Families for the purpose of receiving the services of the Division of Children's

System of Care of that department, provided that the juvenile has been determined

to be eligible for those services under P.L.1965, c. 59, s.16 ( C.30:4-25.4 ); (7) Commit the juvenile, pursuant to applicable laws and the Rules of Court governing

civil commitment, to the Department of Children and Families under the responsibility

of the Division of Children's System of Care for the purpose of placement in a suitable

public or private hospital or other residential facility for the treatment of persons

who are mentally ill, on the ground that the juvenile is in need of involuntary commitment; (8) (Deleted by amendment, P.L.2019, c. 363 ) (9) Order the juvenile to make restitution to a person or entity who has suffered

loss resulting from personal injuries or damage to property as a result of the offense

for which the juvenile has been adjudicated delinquent. The court may determine the reasonable amount, terms, and conditions of restitution. If the juvenile participated in the offense with other persons, the participants

shall be jointly and severally responsible for the payment of restitution. The court shall not require a juvenile to make full or partial restitution if the

juvenile reasonably satisfies the court that the juvenile does not have the means

to make restitution and could not reasonably acquire the means to pay restitution; (10) Order that the juvenile perform community services under the supervision of a

probation division or other agency or individual deemed appropriate by the court. Such services shall be compulsory and reasonable in terms of nature and duration. Such services may be performed without compensation, provided that any money earned

by the juvenile from the performance of community services may be applied towards

any payment of restitution or fine which the court has ordered the juvenile to pay; (11) Order that the juvenile participate in work programs which are designed to provide

job skills and specific employment training to enhance the employability of job participants. Such programs may be without compensation, provided that any money earned by the

juvenile from participation in a work program may be applied towards any payment of

restitution or fine which the court has ordered the juvenile to pay; (12) Order that the juvenile participate in programs emphasizing self-reliance, such

as intensive outdoor programs teaching survival skills, including but not limited

to camping, hiking, and other appropriate activities; (13) Order that the juvenile participate in a program of academic or vocational education

or counseling, such as a youth service bureau, requiring attendance at sessions designed

to afford access to opportunities for normal growth and development. This may require attendance after school, evenings, and weekends; (14) Place the juvenile in a suitable residential or nonresidential program for the

treatment of alcohol or narcotic abuse, provided that the juvenile has been determined

to be in need of such services; (15) Order the parent or guardian of the juvenile to participate in appropriate programs

or services when the court has found either that such person's omission or conduct

was a significant contributing factor towards the commission of the delinquent act,

or, under its authority to enforce litigant's rights, that such person's omission

or conduct has been a significant contributing factor towards the ineffective implementation

of a court order previously entered in relation to the juvenile; (16)(a) Place the juvenile in a nonresidential program operated by a public or private

agency, providing intensive services to juveniles for specified hours, which may include

education, counseling to the juvenile and the juvenile's family if appropriate, vocational

training, employment counseling, work, or other services; (b) Place the juvenile under the custody of the Juvenile Justice Commission established

pursuant to section 2 of P.L.1995, c. 284 ( C.52:17B-170 ) for placement with any private group home or private residential facility with which

the commission has entered into a purchase of service contract; (17) Instead of or in addition to any disposition made according to this section,

the court may postpone, suspend, or revoke for a period not to exceed two years the

driver's license, registration certificate, or both of any juvenile who used a motor

vehicle in the course of committing an act for which the juvenile was adjudicated

delinquent. In imposing this disposition and in deciding the duration of the postponement, suspension,

or revocation, the court shall consider the circumstances of the act for which the

juvenile was adjudicated delinquent and the potential effect of the loss of driving

privileges on the juvenile's ability to be rehabilitated. Any postponement, suspension, or revocation shall be imposed consecutively with

any custodial commitment; (18) Order that the juvenile satisfy any other conditions reasonably related to the

rehabilitation of the juvenile; (19) Order a parent or guardian who has failed or neglected to exercise reasonable

supervision or control of a juvenile who has been adjudicated delinquent to make restitution

to any person or entity who has suffered a loss as a result of that offense. The court may determine the reasonable amount, terms, and conditions of restitution;

or (20) Place the juvenile, if eligible, in an appropriate juvenile offender program

established pursuant to P.L.1997, c. 81 ( C.30:8-61 et al.). c. (1) If the county in which the juvenile has been adjudicated delinquent has a juvenile

detention facility meeting the physical and program standards established pursuant

to this subsection by the Juvenile Justice Commission, the court may, in addition

to any of the dispositions not involving placement out of the home enumerated in this

section, incarcerate the juvenile in the youth detention facility in that county for

a term not to exceed 60 consecutive days. The decision by the court to incarcerate a juvenile shall be made in accordance

with subsection i. of section 2 of P.L.1982, c. 77 ( C.2A:4A-21 ). Counties which do not operate their own juvenile detention facilities may contract

for the use of approved commitment programs with counties with which they have established

agreements for the use of pre-disposition juvenile detention facilities. The Juvenile Justice Commission shall promulgate such rules and regulations from

time to time as deemed necessary to establish minimum physical facility and program

standards for the use of juvenile detention facilities pursuant to this subsection. (2) A juvenile shall not be incarcerated in any county detention facility unless the

county has entered into an agreement with the Juvenile Justice Commission concerning

the use of the facility for sentenced juveniles. Upon agreement with the county, the Juvenile Justice Commission shall certify detention

facilities which may receive juveniles sentenced pursuant to this subsection and shall

specify the capacity of the facility that may be made available to receive such juveniles;

provided, however, that in no event shall the number of juveniles incarcerated pursuant

to this subsection exceed 50% of the maximum capacity of the facility. (3) The court may fix a term of incarceration under this subsection that is in accordance

with subsection i. of section 2 of P.L.1982, c. 77 ( C.2A:4A-21 ) and: (a) The act for which the juvenile was adjudicated delinquent, if committed by an

adult, would have constituted a crime or repetitive disorderly persons offense; (b) Incarceration of the juvenile is consistent with the goals of public safety, accountability,

and rehabilitation and the court is clearly convinced that the aggravating factors

substantially outweigh the mitigating factors as set forth in section 25 of P.L.1982,

c. 77 ( C.2A:4A-44 ); and (c) The detention facility has been certified for admission of adjudicated juveniles

pursuant to paragraph (2). (4) If as a result of incarceration of adjudicated juveniles pursuant to this subsection,

a county is required to transport a predisposition juvenile to a juvenile detention

facility in another county, the costs of such transportation shall be borne by the

Juvenile Justice Commission. d. Whenever the court imposes a disposition upon an adjudicated delinquent which requires

the juvenile to perform a community service, restitution, or to participate in any

other program provided for in this section other than subsection c., the duration

of the juvenile's mandatory participation in such alternative programs shall extend

for a period consistent with the program goal for the juvenile and shall in no event

exceed one year beyond the maximum duration permissible for the delinquent if the

juvenile had been committed to a term of incarceration. e. In addition to any disposition the court may impose pursuant to this section or

section 25 of P.L.1982, c. 77 ( C.2A:4A-44 ), the following orders shall be included in dispositions of the adjudications set

forth below: (1) An order to perform community service pursuant to paragraph (10) of subsection

b. of this section for a period of at least 60 days, if the juvenile has been adjudicated

delinquent for an act which, if committed by an adult, would constitute the crime

of theft of a motor vehicle, or the crime of unlawful taking of a motor vehicle in

violation of subsection c. of N.J.S.2C:20-10 , or the third-degree crime of eluding in violation of subsection b. of N.J.S.2C:29-2 ; and (2) (Deleted by amendment, P.L.2019, c. 363 ) (3) An order to perform community service pursuant to paragraph (10) of subsection

b. of this section for a period of at least 30 days, if the juvenile has been adjudicated

delinquent for an act which, if committed by an adult, would constitute the fourth-degree

crime of unlawful taking of a motor vehicle in violation of subsection b. of N.J.S.2C:20-10 . (4) (Deleted by amendment, P.L.2019, c. 363 ) f. (1) (Deleted by amendment, P.L.2019, c. 363 ) (2) (Deleted by amendment, P.L.2019, c. 363 ) (3) (Deleted by amendment, P.L.2019, c. 363 ) g. Whenever the court imposes a disposition upon an adjudicated delinquent which requires

the juvenile to perform a community service, restitution, or to participate in any

other program provided for in this section, the order shall include provisions which

provide balanced attention to the protection of the community, accountability for

offenses committed, fostering interaction and dialogue between the offender, victim , and community and the development of competencies to enable the child to become a

responsible and productive member of the community.