cdTOCtest

The juvenile statute codifies some standards for
imposition of incarceration. Among its other features,
the statute enumerates aggravating and mitigating
factors which must be considered by the court in
evaluating the propriety of incarceration as a disposition.
N.J.S.A. 2A:4A-44a. See also N.J.S.A. 2A:4A-43a. A
presumption of nonincarceration is provided for any
crime or offense of the fourth degree or less committed by
a juvenile who has not previously been adjudicated
delinquent or convicted of a crime or offense. N.J.S.A.
2A:4A-44b(1). Eligibility for release under parole must
also be considered. N.J.S.A. 2A:4A-44b(2). Certain
juveniles may not be committed to a State correctional
facility: those under age 11 unless adjudged delinquent
on the basis of arson or a first or second degree crime, and
developmentally disabled juveniles. N.J.S.A. 2A:4A-
44c.

State in the Interest of R.M., 141 N.J. 434 (1995),
ruled that the Juvenile Code prohibits the incarceration
of developmentally disabled juveniles. N.J.S.A. 2A:4A-
44c(2). In defining a developmentally disabled juvenile
for this purpose, paragraphs (1), (4) and (5) of N.J.S.A.
30:6D-3a are to be used. Thus, “developmental
disability” means a severe chronic disability attributable
to a mental or physical impairment, or combination of
mental or physical impairments, results in substantial
functional limitations in three or more areas of major life
activity, and reflects the need for a combination and
sequence of special interdisciplinary or generic care,
treatment or other services. The family court may order
the Division of Developmental Disabilities to evaluate
the juvenile if evidence offered at the dispositional
hearing suggests a substantial likelihood that a
delinquent juvenile is developmentally disabled. The
juvenile bears the burden of offering sufficient evidence to
warrant such a referral, although the court may
independently refer it. Both the State and the juvenile are
entitled to challenge the DDD’s determination; a
plenary hearing may be necessary, and the court must
find by a preponderance of the evidence that the DDD’s
diagnosis was incorrect in order to reject it. Here, the
evidence was insufficient to establish that the juvenile
suffered from a developmental disability.

b. Length of Incarceration

Juveniles may be committed for terms not to exceed
the following maximums:

Murder under N.J.S.A. 2C:11-3a(1) or (2)
20 years

Murder under N.J.S.A. 2C:11-3a(3) 10 years

Other first degree crimes 4 years

Second degree crimes 3 years

Third degree crimes 2 years

Fourth degree crimes 1 year

Disorderly persons offenses 6 months

Extended terms may be imposed in certain

circumstances. N.J.S.A. 2A:4A-44d(3) and (4).

Confinement continues until the juvenile is paroled.

Parole before service of a specified portion of the term

requires court approval. N.J.S.A. 2A:4A-44d(2). Every

disposition that includes a term of incarceration shall also

include a term of post-incarceration supervision equal to

one-third of the term of incarceration imposed.

Alternatively, incarceration for up to 60 days in a

county detention facility certified for such purpose is

authorized where the delinquency is based on conduct

which would constitute a crime or disorderly persons

offense, incarceration is consistent with the rehabilitative

goals of the juvenile code, and the court is clearly

convinced that the aggravating factors substantially

outweigh the mitigating factors. N.J.S.A. 2A:4A-43c.

State in the Interest of G.C., 136 N.J. 383 (1994);

State in the Interest of J.L.A., 136 N.J. 370 (1994).

Juveniles who have committed two or more acts of

delinquency may be sentenced to consecutive terms of

incarceration.

19. Ordering the juvenile to satisfy any other
    condition reasonably related to rehabilitation.

In State in the Interest of O.W., 110 N.J. Super. 465

(App. Div. 1970), the propriety of ordering a juvenile

offender to support his illegitimate child was upheld,

even though this dispositional alternative was not

legislatively specified.

20. Placement of eligible juvenile in a specialized
    juvenile offender program established under N.J.S.A.
    30:8-61, et seq.

C. The Right of Allocution

State in the Interest of J.R., 244 N.J. Super. 630, 639

(App. Div. 1990). R. 3:21-4(b), applicable to the