- 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. - 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. - 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.
- 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.
- Community Service
- Participation in work programs designed to
provide job skills and employment training. - Participation in programs emphasizing self-
reliance, such as intensive outdoor programs teaching
survival skills. - Participation in a program of academic or
vocational education or counseling. - Placement in residential or nonresidential
treatment program for alcohol or narcotics abuse. - 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. - 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. - 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. - 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.