New Jersey Statutes 2A:4A-71. Review and processing of complaints
Attorney's Note
Under the New Jersey Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| disorderly persons offense | up to 6 months | up to $1,000 |
Terms Used In New Jersey Statutes 2A:4A-71
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
a. The jurisdiction of the court in any complaint filed pursuant to section 11 of P.L.1982, c.77 (C. 2A:4A-30) shall extend to the juvenile who is the subject of the complaint and his parents or guardian.
b. Every complaint shall be reviewed by court intake services for recommendation as to whether the complaint should be dismissed, diverted, or referred for court action. Where the complaint alleges a crime which, if committed by an adult, would be a crime of the first, second, third or fourth degree, or alleges a repetitive disorderly persons offense or any disorderly persons offense defined in chapter 35 or chapter 36 of Title 2C, the complaint shall be referred for court action, unless the prosecutor otherwise consents to diversion. Court intake services shall consider the following factors in determining whether to recommend diversion:
(1) The seriousness of the alleged offense or conduct and the circumstances in which it occurred;
(2) The age and maturity of the juvenile;
(3) The risk that the juvenile presents as a substantial danger to others;
(4) The family circumstances, including any history of drugs, alcohol abuse or child abuse on the part of the juvenile, his parents or guardian;
(5) The nature and number of contacts with court intake services and the court that the juvenile or his family have had;
(6) The outcome of those contacts, including the services to which the juvenile or family have been referred and the results of those referrals;
(7) The availability of appropriate services outside referral to the court;
(8) Any recommendations expressed by the victim or complainant, or arresting officer, as to how the case should be resolved;
(9) Any recommendation expressed by the county prosecutor;
(10) The amenability of the juvenile to participation in a remedial education or counseling program that satisfies the requirements of subsection b. of section 2 of P.L.2011, c.128 (C. 2A:4A-71.1) if the offense alleged is an eligible offense as defined in subsection c. of section 2 of P.L.2011, c.128 (C. 2A:4A-71.1); and
(11) Any information relevant to the offense in any case where the juvenile is charged with an act which if committed by an adult would constitute prostitution in violation of N.J.S. 2C:34-1 or any offense which the juvenile alleges is related to the juvenile being a victim of human trafficking.
L.1982, c.81, s.2; amended 1988, c.44, s.17; 2011, c.128, s.1; 2011, c.195, s.4.