New Jersey § 2a:4a-26

§ 2a:4a-26.

a. A prosecutor seeking waiver of jurisdiction of a juvenile delinquency case by the

Superior Court, Chancery Division, Family Part to an appropriate court and prosecuting

authority without the consent of the juvenile shall file a motion within 60 days after

the receipt of the complaint, which time may be extended for good cause shown. The motion shall be accompanied by a written statement of reasons clearly setting

forth the facts used in assessing all factors contained in paragraph (3) of subsection

c. of this section, together with an explanation as to how evaluation of those facts

support waiver for each particular juvenile. b. At a hearing, the court shall receive the evidence offered by the State and by

the juvenile. The State shall provide proof to satisfy the requirements set forth in paragraphs

(1) and (2) of subsection c. of this section. The court also shall review whether the State considered the factors set forth in

paragraph (3) of subsection c. of this section. c. Except as provided in paragraph (3) of this subsection, the court shall waive jurisdiction

of a juvenile delinquency case without the juvenile's consent and shall refer the

case to the appropriate court and prosecuting authority having jurisdiction if: (1) The juvenile was 15 years of age or older at the time of the alleged delinquent

act; and (2) There is probable cause to believe that the juvenile committed a delinquent act

which if committed by an adult would constitute: (a) criminal homicide, other than death by auto; (b) strict liability for drug-induced deaths; (c) first degree robbery; (d) carjacking; (e) aggravated sexual assault; (f) sexual assault; (g) second degree aggravated assault; (h) kidnapping; (i) aggravated arson; (j) possession of a firearm with a purpose to use it unlawfully against the person

of another under subsection a. of N.J.S.2C:39-4 , or possession of a firearm while committing or attempting to commit, including the

immediate flight therefrom, aggravated assault, aggravated criminal sexual contact,

burglary, or escape; (k) a violation of N.J.S.2C:35-3 (Leader of a Narcotics Trafficking Network); ( l ) a violation of N.J.S.2C:35-4 (Maintaining and Operating a CDS Production Facility); (m) a violation of section 1 of P.L.1998, c. 26 ( C.2C:39-4.1 ) (Weapons Possession while Committing certain CDS Offenses); (n) an attempt or conspiracy to commit any of the crimes enumerated in subparagraphs

(a) through (m) of this paragraph; or ( o ) a crime committed at a time when the juvenile previously had been sentenced and

confined in an adult correctional facility. (3) The court may deny a motion by the prosecutor to waive jurisdiction of a juvenile

delinquency case if it is clearly convinced that the prosecutor abused his discretion

in considering the following factors in deciding whether to seek a waiver: (a) The nature and circumstances of the offense charged; (b) Whether the offense was against a person or property, allocating more weight for

crimes against the person; (c) Degree of the juvenile's culpability; (d) Age and maturity of the juvenile; (e) Any classification that the juvenile is eligible for special education to the

extent this information is provided to the prosecution by the juvenile or by the court; (f) Degree of criminal sophistication exhibited by the juvenile; (g) Nature and extent of any prior history of delinquency of the juvenile and dispositions

imposed for those adjudications; (h) If the juvenile previously served a custodial disposition in a State juvenile

facility operated by the Juvenile Justice Commission, and the response of the juvenile

to the programs provided at the facility to the extent this information is provided

to the prosecution by the Juvenile Justice Commission; (i) Current or prior involvement of the juvenile with child welfare agencies; (j) Evidence of mental health concerns, substance use disorder , or emotional instability of the juvenile to the extent this information is provided

to the prosecution by the juvenile or by the court; and (k) If there is an identifiable victim, the input of the victim or victim's family. The Attorney General may develop for dissemination to the county prosecutors those

guidelines or directives deemed necessary or appropriate to ensure the uniform application

of this section throughout the State. d. An order waiving jurisdiction over a case and referring the case to the appropriate

court and prosecuting authority shall specify the alleged act upon which the referral

is based and all other delinquent acts charged against the juvenile arising out of

or related to the same transaction. e. Testimony of a juvenile at a hearing to determine referral under this section shall

not be admissible for any purpose in any subsequent hearing to determine delinquency

or guilt of any offense. f. Upon waiver of jurisdiction and referral to the appropriate court and prosecuting

authority having jurisdiction: (1) The case shall proceed as if it originated in that court and shall be subject

to the sentencing provisions available to that court; provided, however, upon conviction

for any offense which is subject to waiver pursuant to paragraph (2) of subsection

c. of this section, there shall be a presumption that the juvenile shall serve any

custodial sentence imposed in a State juvenile facility operated by the Juvenile Justice

Commission until the juvenile reaches the age of 21, except that: (a) a juvenile who has not reached the age of 21 may, in the discretion of the Juvenile

Justice Commission, be transferred to the Department of Corrections in accordance

with the plan established pursuant to subsection e. of section 7 of P.L.1995, c. 284 ( C.52:17B-175 ) and regulations adopted pursuant to that section; and (b) a juvenile who has reached or exceeds the age of 21 may continue to serve a sentence

in a State juvenile facility operated by the Juvenile Justice Commission in the discretion

of the Juvenile Justice Commission and if the juvenile so consents; otherwise the

juvenile shall serve the remainder of the custodial sentence in a State correctional

facility; (2) If a juvenile is not convicted of an offense set forth in paragraph (2) of subsection

c. of this section, a conviction for any other offense shall be deemed a juvenile

adjudication and be remanded to the Superior Court, Chancery Division, Family Part

for disposition, in accordance with the dispositional options available to that court

and all records related to the act of delinquency shall be subject to the provisions

of section 1 of P.L.1982, c. 79 ( C.2A:4A-60 ); (3) With the consent of the defense and the prosecutor, at any point in the proceedings

subsequent to the decision ordering waiver the court may remand to the Superior Court,

Chancery Division, Family Part if it appears that: (a) the interests of the public and the best interests of the juvenile require access

to programs or procedures uniquely available to that court; and (b) the interests of the public are no longer served by waiver. g. (1) The Juvenile Justice Commission, in consultation with the Attorney General,

shall establish a program to collect, record, and analyze data regarding waiver of

jurisdiction of a juvenile delinquency case by the Superior Court, Chancery Division,

Family Part to an appropriate court and prosecuting authority. In furtherance of this program, the Juvenile Justice Commission shall, in cooperation

with the Administrative Office of the Courts, Attorney General, and county prosecutors,

collect data related to the decision to seek waiver of jurisdiction of a juvenile

delinquency case, which shall include but not be limited to data concerning: (a) youth demographics, including age, gender, race, and ethnicity; (b) case characteristics, including the degree of the offense waived, the degree of

the offense convicted, and the final court resolution; (c) case processing times; and (d) waiver rates by race and ethnicity. (2) The commission shall prepare and publish on its Internet website biennial reports

summarizing the data collected, recorded, and analyzed pursuant to paragraph (1) of

this subsection. (3) The commission shall, pursuant to section 2 of P.L. 1991, c. 164 ( C.52:14-19.1 ), biennially prepare and transmit to the Governor and the Legislature the reports

required in paragraph (2) of this subsection, along with any recommendations the commission

may have for legislation concerning waiver of jurisdiction of juvenile delinquency

cases.