mandatory Graves Act sentence if convicted, the lack of
prejudice to the State, the legislative intent of the Juvenile
Code, no showing that the waiver hearing satisfied the
basic requirements of due process and fairness, no record
of the waiver hearing, the lack of a showing that the waiver
was knowing, willing and voluntary, and an adult
conviction would require the juvenile, who had never
been in trouble before, to be removed from high school
and sent to jail. The State will still be able, however, to
apply for an involuntary waiver if it chooses.
VI. DISPOSITION
A. Factual Basis for Plea
State in the Interest of J.R., 244 N.J. Super. 630 (App.
Div. 1990), held that, as in an adult prosecution, a
juvenile’s guilty plea to a charge of delinquency must be
accompanied by an acknowledgment of a factual basis for
it. Here, although more should have been developed
concerning the factual basis for the plea to possession of
cocaine, the juvenile’s statement that he was in fact guilty
and that he knew it was against the law “to possess those
two vials of crack cocaine” was minimally adequate to
sustain the plea. See also, State in the Interest of T.M.,
N.J. 2001 WL 95851 (2001) ( juvenile must offer
factual basis for a plea - here the juvenile adjudication
resulted from a defective guilty plea which failed to meet
the requirements of R. 3:9-2, and was not a trail on
stipulated facts).
B. Dispositional Alternatives (N.J.S.A. 2A:4A-43)
- Adjourned Disposition
State v. Musucci, 156 N.J. Super. 272, 276 (Law Div.
1978). Adjudication of delinquency is entered, but
disposition is adjourned for a period up to 12 months. If
the juvenile makes a satisfactory adjustment during that
period, the complaint is dismissed.
State in the Interest of V.M., 279 N.J. Super. 535 (App.
Div. 1995); State in the Interest of N.S., 272 N.J. Super.
492 (Ch. Div. 1993). Although the placement of a
delinquent juvenile under the 12-month adjustment
(N.J.S.A. 2A:4A-43b(1)) is a “disposition,” and the
juvenile’s conduct, if committed by an adult would have
constituted receiving stolen property (a motor vehicle),
the fines and penalties in N.J.S.A. 2C:20-2.1 applicable
to defendants convicted of theft do not apply. The N.S.
Court further ruled that the mandatory community
service penalties required by N.J.S.A. 2A:4A-43e(1) of
the juvenile code were required in this situation, while
the V.M. Court did not address that question as it was
abandoned by the State on appeal. 279 N.J. Super. at
536, n.1.- Release of the juvenile to the supervision of his
parent or guardian - Placement of the juvenile on probation for a period
not longer than 3 years upon such written conditions as
the court deems will aid in his rehabilitation.
State ex rel. K.O., 327 N.J. Super. 555 (App. Div.
2000), ruled that parents have standing to challenge
continuation of their daughter’s probation in a
delinquency case. Here, the family court did not lose
jurisdiction to extend probation once the one year term
expired due to the other dispositions which were in force
and effect, such as placement of the juvenile with another
adult outside the family and other elements of the
comprehensive treatment plan developed. Moreover, the
parents were not entitled to notice and hearing prior to
the juvenile’s outside placement, and the evidence
supported that placement where there was a risk of
violence between the juvenile and her natural father, the
parents had at one time refused to allow the juvenile to
return home, and the parents made no attempt to
participate in court-ordered counseling.State v. H.B., 259 N.J. Super. 603 (Ch. Div. 1992),
concluded that, pursuant to N.J.S.A. 2A:4A-43b(3), a
juvenile can be placed on probation to someone other
than the chief probation officer, such as a parent (here,
the juvenile’s mother), or DYFS. Also, there is broad
discretion in fashioning probationary conditions to aid in
rehabilitation, such as going to school and maintaining a
C+ average and not going out after dark without a parent,
both of which were imposed here upon a 15 year old
juvenile charged with possession of a stolen automobile.
Moreover, for a second violation of this probation, the
juvenile could be sentenced to a one year period of
incarceration.- Transfer of custody of the juvenile to any relative
or other person determined by the court to be qualified
to care for the youth. - Placement of the juvenile under the care of the
Department of Human Services under the responsibility
of the Division of Youth and Family Services for the
purpose of providing in or out of home services in
accordance with a service plan.