jurisdiction, the cronic and incurable nature of the illness
is highly relevant in predicting future conduct, if the
illness contributes to criminal behavior. The court
should consider the period of time available for
treatment, the projected period of time required for
improvement or remission to be achieved, the basis for
that projection (including severity of illness), difficulty in
identifying appropriate treatment or medication, the
juvenile’s response to prior treatment or medication, and
the success rate of the proposed program for achieving
and maintaining remission. Here, adequate evidence
supported the family court’s decision to waive
jurisdiction over a juvenile suffering from chronic
undifferentiated schizophrenia charged with first degree
robbery and aggravated assault.
In State v. Bessix, 309 N.J. Super. 126 (App. Div.
1998), the juvenile court acted within its discretion in
waiving a 14 year old offender for trial as an adult. The
juvenile was the primary actor in an attack on an elderly
unarmed victim for the purpose of robbery; the juvenile
hit the victim twice with a baseball bat, and the victim
was severely beaten.
State in the Interest of R.L.P., 159 N.J. Super. 267
(App. Div. 1978); State in the Interest of B.T., 145 N.J.
Super. 268 (App. Div. 1976), certif. denied, 73 N.J. 49
(1977). One charged with aiding and abetting a
homicide is subject to waiver similarly to a principal.
(Decided under prior statute.)
An order referring a case shall incorporate not only
the alleged act or acts upon which the referral is premised,
but also all other delinquent acts arising out of or related
to the same transaction. N.J.S.A. 2A:4A-26c; R.. 5:22-
- See State in the Interest of R.L.P., 159 N.J. Super. 267
(App. Div. 1978), decided under the prior statute; the
waiver of possession of a weapon and escape charges was
upheld where these charges were joined in the same
complaint with homicide or charges of aggressive, violent
and willful offenses against the person. Therefore,
jurisdiction may properly be waived over the entire
criminal episode where homicide or violence against the
person is involved.
4. Waiver in a Developmentally Disabled Case
In State in the Interest of A.B., 109 N.J. 195 (1988),
aff’g 214 N.J. Super. 558 (App. Div. 1987), expert
testimony presented by the juvenile at a waiver hearing
failed to establish a “severe, chronic disability” which
would justify his classification as “developmentally
disabled” under N.J.S.A. 30:6D-3a and N.J.S.A. 2A:4A-
44c(2). Even if the record did support such classification,
however, this would not preclude the waiver of charges
against him to adult court if the criteria of N.J.S.A.
2A:4A-26 are met. The statute barring incarceration of
developmentally disabled juvenile offenders in State
correctional facilities does not bar their waiver to adult
court.- Waived Case Returned to Family Part
In State in the Interest of J.M., 222 N.J. Super. 597
(App. Div. 1988), a 17 year old juvenile was charged with
delinquency on the basis of conduct which would have
constituted murder, weapons offenses and hindering
apprehension if committed by an adult. Jurisdiction over
the murder was waived pursuant to N.J.S.A. 2A:4A-
26a(2)(a), and jurisdiction for the remaining offenses
arising out of the same transaction was waived pursuant
to N.J.S.A. 2A:4A-26c. The grand jury no-billed the
murder charge and indicted J.M. on the two weapons
charges. Thereafter the juvenile sought to have these
charges returned to the Family Part. Upon the denial of
relief on jurisdictional grounds by the Law Division and,
after a first successful appeal, denial of relief by the Family
Part on jurisdictional grounds, the Appellate Division on
this second appeal clarified the jurisdictional issue. The
appellate court ruled that upon a grand jury no-bill of the
charge upon which waiver of Family Part jurisdiction is
premised (here murder), the Law Division has
jurisdiction by virtue of N.J.S.A. 2A:4A-25, and
inherently, to return the lesser charges “arising out of or
related to the same transaction” back to the Family Part.B. Voluntary Transfer to Adult Court (N.J.S.A. 2A:4A-
27; R. 5:22-1)Any juvenile 14 years of age or older charged with
delinquency may elect to have the action transferred to
adult court. Any juvenile under age 14 charged with an
offense which if committed by an adult would constitute
murder under N.J.S.A. 2C:11-3, may elect to have the
case transferred to adult court.In State v. N.G., 305 N.J. Super. 132 (Law Div.
1997), after a hearing in the Family Part (for which no
record is available), a juvenile voluntarily waived to the
Law Division. Following indictment as an adult on
weapons and reckless manslaughter charges, the juvenile
sought transfer back to Family Part. The Law Division
ruled that transfer back was appropriate, since counsel
was ineffective in failing to advise the juvenile and/or his
mother regarding both the benefits and risks of voluntary
waiver, particularly the harsh consequences of a