TRENTON
–Attorney General Peter C. Harvey
today announced a directive mandating
that all police departments in New Jersey
use an alternative method to resolve matters
involving juveniles who are involved in
minor delinquent activity.
The directive mandates a “stationhouse
adjustment,” a process by which
the police officer, who is responsible
for juveniles asks the parent, guardian,
or caregiver of the juvenile, and the
victim, if willing, to come to the station
house to discuss the offense. The officer
may refer a juvenile for needed services,
and, if property has been stolen or damaged,
require the juvenile to make restitution
in some form. Usually the officer will
discuss the offense with the juvenile’s
parent, guardian or caregiver and seek
assurances that the juvenile will not
commit any future offenses.
“The
stationhouse adjustment process allows
police officers to resolve minor disputes
without the need to file a complaint with
the court,” said Attorney General
Harvey. “The goal is to effectively
supervise our young people so that they
make better decisions to avoid criminal
offenses. We also expect this process
to give victims of minor offenses a quick
remedy.”
“This
directive culminates more than two years
of study, research and collaboration among
affected agencies,” added Attorney
General Harvey.
In May 2004, the Attorney General appointed
a Stationhouse Adjustment Working Group
to report on the State's use of stationhouse
adjustment policies and procedures and
to make recommendations concerning any
changes in existing policy guidelines
to ensure equal treatment of juveniles
in every jurisdiction of the State. This
Working Group was established in response
to preliminary reports from the April
2003 joint statewide Juvenile Disparity
Inquiry between the New Jersey Department
of Law and Public Safety, the Judiciary,
the Juvenile Justice Commission and the
local County Youth Services Commissions.
The preliminary findings in these reports
suggested that the way in which municipalities
use stationhouse adjustments ranges from
being virtually non-existent in one town,
resulting in a complaint being filed every
time a juvenile is charged with an offense,
to situations in neighboring towns, where
the law enforcement agencies’ use
of such programs for first time offenders
results in juveniles being diverted with
no record or court intervention.
According
to Attorney General Harvey, stationhouse
adjustments date back to a long-standing
policy of encouraging law enforcement
agencies to divert from formal court proceedings
those juveniles who are involved in minor
delinquent activity. These diversions
allow officers to make the best possible
use of limited available resources and
give unruly youths an opportunity to understand
the seriousness of their behavior, with
the hope that they will not repeat it
in the future. Differences in the use
and application of this program has prompted
significant implications of the equal
administration of justice for juveniles
throughout the state.
In his directive, Attorney General Harvey
has promulgated Stationhouse Adjustment
Guidelines for all municipal and other
law enforcement agencies having patrol
jurisdiction within the State of New Jersey.
Training opportunities about the guidelines
and effective stationhouse adjustment
techniques will be provided by experienced
Prosecutors and Juvenile Officers through
the coordination of the Division of Criminal
Justice. The 21 County Prosecutors will
oversee the implementation of guidelines
by police departments in their respective
counties.
The Stationhouse Adjustment Working Group
was chaired by representatives from the
Department of Law and Public Safety and
included members from municipal Police
Departments, County Prosecutors' Offices,
the Office of the Public Defender, the
Juvenile Justice Commission, the Juvenile
Officer's Association, the New Jersey
State Association of Chiefs of Police,
the New Jersey State Police Field Operations
Section. Also included was a member of
the academic community and, in addition,
the Working Group consulted with the Administrative
Office of the Courts. The Working Group
concluded that stationhouse adjustments
are generally perceived by law enforcement
as a valuable means of resolving minor
juvenile delinquency matters and that
by the promulgation of a uniform statewide
adjustment policy, many disadvantages
or inconsistencies could be reduced or
even eliminated.
“The
Division of Criminal Justice and the county
prosecutors’ offices are encouraged
that the Stationhouse Adjustment Program
is appropriate for first-time juvenile
offenders who commit minor offenses,”
said Criminal Justice Director Vaughn
L. McKoy. “The Attorney General’s
Directive looks to a common sense approach
to deal with delinquent activity and serves
as a potentially effective alternative
to a full-blown prosecution that can remain
with a juvenile for a lifetime.”
“For
most young people, their first contact
with the juvenile justice system is their
local police department. Many times, these
youth will never have contact with the
system again. The uniform use of stationhouse
adjustments will give our local law enforcement
officers an important tool to help get
young people on the right track and build
stronger communities. By bringing families,
caregivers and law enforcement together,
and identifying any need for support services,
this early intervention strategy can prevent
a juvenile’s further involvement
in the juvenile justice system,”
said Howard L. Beyer, Executive Director,
Juvenile Justice Commission. “The
earlier we can a reach a young person
with services and support, the more likely
we are to help a that young person lead
a productive life.”
“The
Station House Adjustment Program is an
important diversionary tool that should
be used by all police departments,”
said New Jersey Juvenile Officers’
Association President Detective Sergeant
Robert Sarnecki. “In New Jersey,
it benefits the victims of crime by allowing
them to obtain justice without having
to go to court. At the same time, it allows
first-time juvenile offenders who commit
minor offenses to face immediate consequences
for their actions without being formally
charged. This allows the juvenile an opportunity
to correct their behavior while avoiding
a formal delinquency record. The Station
House Adjustment Program is strongly supported
by the New Jersey Juvenile Officers’
Association.”
“We
are pleased that Attorney General Harvey
recognizes the importance of stationhouse
adjustment - and I support this initiative,”
said New Jersey Public Defender Yvonne
Smith Segars. “In some communities
these programs have proven successful
in responding to adolescent behavior without
the need for a formal court process. As
a result of this directive children in
all communities will have the opportunity
to benefit from alternative programs.
We hope that all police departments will
be creative in developing strategies for
diverting youth from the juvenile delinquency
system. This is good public policy that
benefits children, families and communities.”
The
Statewide Stationhouse Adjustment Program
- Who
is Eligible for a Stationhouse Adjustment?
Any
Youth who has been arrested for an:
-
Ordinance Violation;
-
Petty Disorderly Persons Offense;
-
Fourth Degree offenses may also
be considered if juvenile has no
prior record that is known or can
be determined by the law enforcement
officer.
Excluded
Offenses
The
following offenses are excluded from
stationhouse adjustments unless there
is approval from the county prosecutor:
- Use
or possession of a controlled dangerous
substance or drug paraphernalia
as defined under the New Jersey
Criminal Code 2C, Chapters 35 &
36;
-
Bias offenses;
-
Sexual offenses;
-
Offenses resulting in serious bodily
injury;
-
Third degree offenses;
-
When charges against juvenile are
already pending before the Court;
-
When juvenile is currently on probation,
parole, home detention or other
court disposition.
- Why
conduct a Stationhouse Adjustment?
- Best
interest of everyone involved.
-
Victims better served.
-
Matter resolved locally.
-
Opportunity to get to the root of
the problem.
-
Give wayward youth an opportunity
to understand the seriousness of
his/her behavior.
-
Immediate consequence.
-
Equal Administration of Justice.
>>
Stationhouse
Adjustment Program Training Guide
(html)