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Moving
through the JJC System |
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The
Family Court / Court Process |
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The
Family Court is required to hold hearings for juveniles
charged as delinquents, with specific mandated time
limitations, particularly regarding juveniles held in
secure detention. (N.J.S.A. 2A:4A-38). |
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In
sequential order, they are as follows:
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- An
initial detention hearing is to be held within 24
hours of admission.
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For juveniles remanded to detention, the initial
probable cause hearing and second detention hearing
are to be held within two court days. If probable
cause is not found, the juvenile is released from
detention pending an adjudicator hearing.
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Review hearings are held for detained juveniles
at intervals of 14 and 21 court days. At each of
these hearings, the juvenile's detention status
is reconsidered by the judge.
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At the adjudicator hearing, the court makes a determination
on the delinquency charges. A juvenile may be adjudicated
delinquent on one or more of the charges; the other
charges are dismissed. After an adjudication of
delinquency (at that time or at a separate disposition
hearing), the judge will order a disposition.
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In detained cases, the disposition hearing is to
occur within 60 court days of admission to detention
unless extended by the court for good cause.
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Disposition
Hearings and Options |
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The
Juvenile Code allows judges a wide array of dispositions
in adjudicated cases. The most common disposition is
probation supervision. Probation is often ordered along
with other dispositions requirements such as performing
community service or paying financial restitution. In
addition, probation is ordered along with more restrictive
requirements such as entering a residential program
or undergoing counseling. Probation is a major resource
to the Family Court and the juvenile justice system.
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Short
of waiving juveniles to the adult system, commitment
to the JJC for incarceration is the most severe disposition
available to the Family Court. The average sentence
in committed cases is two years, although terms range
from 30 days to 20 years or more. In cases where commitment
is suspended, adjudicated youth are often placed on
probation and, in addition, ordered into a JJC non-institutional
residential program. |
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