cdTOCtest

(coco) #1

  1. Placement of an eligible juvenile under the care
    and custody of the Commissioner of the Department of
    Human Services for the purposes of receiving the services
    of the Division of Developmental Disabilities.

  2. Commitment of the juvenile, pursuant to civil
    commitment laws, to the Department of Human Services
    under the responsibility of the Division of Mental Health
    Services for placement in a facility for the treatment of
    persons who are mentally ill if the juvenile is in need of
    involuntary commitment.

  3. Fine the juvenile an amount not exceeding the
    amount provided by law for such an offense if committed
    by an adult. The fine must be consistent with the
    juvenile’s ability to pay, financial responsibility of the
    family, and be specially adapted to rehabilitation or
    deterrence.


State in the Interest of L.M., 229 N.J. Super. 88 (App.
Div. 1988), certif. denied, 114 N.J. 485 (1989), held that
the mandatory penalties provided as part of the
Comprehensive Drug Reform Act (DEDR fine, lab
analysis fee, and deprivation of privilege to secure driver’s
license) are constitutional as applied to juveniles.



  1. Restitution (by juvenile - 2A:4A-43b(8) or by
    parent - 2A:4A-43b(19))


State in the Interest of M.C., 292 N.J. Super. 214 (Ch.
Div. 1995), held that the court’s authority to order
restitution is sufficiently broad enough to encompass the
expenses of psychotherapy (here $2,380) and after school
supervision ($500) incurred on behalf of a minor sexually
abused victim and paid for by the victim’s mother, to the
extent that the juvenile delinquent has the financial
ability to pay.


State in the Interest of R.V., 280 N.J. Super. 118 (App.
Div. 1995) concluded that the restitution amount
imposed on a juvenile adjudicated delinquent for beating
the victim with a baseball bat to a degree which required
hospitalization was appropriate where the amount of the
victim’s medical expenses was undisputed ($2,688),
even though the juvenile might not have the present
ability to pay either the entire amount or a lesser amount
based on a reasonable payment schedule. The court is
entitled to consider the future earning power and
potential future expectations of the person ordered to
make restitution. Nevertheless, this case was remanded
for a hearing to set the conditions and terms of
restitution.



  1. Community Service

  2. Participation in work programs designed to
    provide job skills and employment training.

  3. Participation in programs emphasizing self-
    reliance, such as intensive outdoor programs teaching
    survival skills.

  4. Participation in a program of academic or
    vocational education or counseling.

  5. Placement in residential or nonresidential
    treatment program for alcohol or narcotics abuse.

  6. Ordering the parents or guardian to participate
    in appropriate programs or services if their omission or
    conduct was a significant factor contributing towards the
    commission of the delinquent act, or if their omission or
    conduct has been a significant contributing factor
    towards the ineffective implementation of a court order
    previously entered in relation to the juvenile.

  7. Placement in nonresidential public or private
    service programs and placement under the custody of the
    Juvenile Justice Commission for placement in a private
    residential group home or facility.

  8. Postponement, suspension or revocation of a
    juvenile’s driver’s license and/or registration certificate
    for a period not exceeding two years if the juvenile used
    a motor vehicle in the course of committing the act for
    which he was adjudicated delinquent.

  9. Incarceration (N.J.S.A. 2A:4A-44)


a. Propriety of Incarceration

State in the Interest of M.H., 131 N.J. Super. 288, 290-
291 (App. Div. 1974), held that, generally, the public
policy favors the treatment of juvenile delinquents by
various alternative means, short of institutional
commitment. See also N.J.S.A. 30:4-177.31.

State in the Interest of A.R., 246 N.J. Super. 241 (App.
Div. 1991), held that a term of incarceration is not an
available disposition for a juvenile who commits what
would be a petty disorderly offense if committed by an
adult. For these minor infractions, the panoply of
alternative dispositions set forth in N.J.S.A. 2A:4A-43
may be available, but not incarceration.
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