NJ Police Just Got 5 Tools To Help Juveniles Avoid Jail Time

NEW JERSEY — New Jersey’s police and prosecutors may have more wriggle room than you think when it comes to keeping juveniles out of prison.

On Thursday, Attorney General Gurbir Grewal issued a statewide directive, reminding law enforcement officers about several ways to put young offenders on a pathway to rehabilitation – not punishment.

“If we can turn a youth away from the juvenile justice system, we know they stand a much better chance of turning their life toward success in the long run,” Grewal said.

In Directive 2020-12, Grewal outlined five tools that police and prosecutors currently have to divert youths from entering the juvenile justice system. They include:

• Curbside Warnings – “A curbside warning is an informal ‘talking to’ that occurs in the community, not at the police department, typically when an officer observes a minor act of delinquency. Curbside warnings demonstrate to juveniles that officers are present to give guidance, direction, and assistance, and not simply to take them into custody.”
• Stationhouse Adjustments – “In a stationhouse adjustment, an officer typically asks the juvenile and a parent or guardian to come to the police station to discuss an alleged offense and work together to develop an appropriate resolution, which is then memorialized in a written agreement. The officer may refer the juvenile for social services and, if property has been stolen or damaged, require the juvenile to make restitution in some form.”
• Use Of Complaint-Summonses – “Whenever it can be done without jeopardizing public safety, Directive 2020-12 directs police and prosecutors to charge by ‘complaint-summons,’ which allows the juvenile to remain in the community until their initial court appearance, rather than by ‘complaint-warrant,’ which allows the officer to take custody of the charged juvenile and detain them.”
• Presumption Against Pretrial Juvenile Detention – “State law carefully circumscribes the use of pretrial juvenile detention, limiting it to cases where a juvenile has failed to appear at court proceedings or where, for certain categories of offenses, the juvenile’s release would seriously threaten the physical safety of persons or property in the community. See N.J.S.A. 2A:4A-34(c). This presumption against detention ensures most juveniles remain in the community during the pendency of their charges, allowing them to draw on their communities for support and rehabilitative services. Directive 2020-12 provides guidance on the criteria that allow prosecutors to seek pretrial juvenile detention under N.J.S.A. 2A:4A-34(c).”
• Post-Charge Diversion By Prosecutors – “Even after a juvenile has been charged, Directive 2020-12 encourages prosecutors to continually evaluate the case as it proceeds to determine if they can divert the youth into programs more conducive to rehabilitation. A prosecutor may consider, among other things, dismissing charges in favor of a stationhouse adjustment or referring the case to diversionary programs run by the Judiciary, including the Intake Service Conference, the Juvenile Conference Committee, or the Family Crisis Intervention Unit.”

When should cops and prosecutors apply these five tools? According to the AG directive:

“When considering when and how to use these five mechanisms, officers and prosecutors are directed to start with the presumption that juveniles should be diverted out of the juvenile justice system whenever possible, so long as the diversion will promote accountability, advance the juvenile’s rehabilitation, and not present safety risks.”

The directive also states:

“To ensure their equitable and consistent use across New Jersey, Attorney General Grewal also mandated data collection on curbside warnings and improved data collection on stationhouse adjustments, and has set forth requirements in Directive 2020-12 for the reporting of that information to the Attorney General’s Office. In an ongoing effort to increase transparency and build community trust, that data, once collected, will be made public by the Division of Criminal Justice.”

KEEPING KIDS OUT OF JAIL

New Jersey has made big strides in reducing the number of youth in its prisons over the past two decades, Grewal said. Since 2003, the year the state rolled out its Juvenile Detention Alternatives Initiative (JDAI), the total number of juveniles in detention per year has dropped by 80 percent from about 12,000 to less than 2,500.

Youth of color accounted for 90 percent of that decline, Grewal said.

In addition, youth who are placed in detention alternative programs instead of jail can now get supervision and support in their communities while awaiting the outcome of their case in court.

The decline in numbers has allowed several detention centers to merge their operations and share services. In 2003, there were 17 county-operated detention centers in New Jersey. In 2020, there are seven.

• See related article: Teens Rally In Newark: 'Build Up Kids, Not Prisons'

Despite the encouraging numbers, there’s still a lot of work to be done when it comes to the Garden State’s youth criminal justice system, advocates say.

For one, the state has the most imbalanced ratio of Black to white juvenile incarceration rate in the nation, according to the New Jersey Institute for Social Justice (NJISJ).

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But Thursday’s directive from the attorney general’s office is a big step in the right direction, advocates said.

“We’ve long recognized the harm that comes to kids – disproportionately Black and Brown kids – from being swept into the juvenile justice system, and we’ve also long recognized that diversion can mitigate that harm,” ACLU-NJ Senior Supervising Attorney Alexander Shalom said.

“We commend the attorney general for issuing a directive that will allow more young people around the state to avoid the juvenile justice system through diversion,” Shalom stated.

According to Tanya Washington of the Annie E. Casey Foundation, young people in New Jersey who have violated the law – even in serious and harmful ways – can become productive adults with the right guidance, support and a chance to repair the harm they’ve caused to others.

“Attorney General Grewal’s directive follows the research that young people are most likely to thrive at home or in home-like settings in their own communities, with stable connections to positive adults and activities,” Washington said.

The directive has seen support from several top law enforcement and state officials, as well as Gov. Phil Murphy.

“From day one, our administration has been deeply committed to transforming New Jersey’s juvenile justice system to prioritize compassionate, rehabilitative support that provides our youth with the chance to build a better future for themselves,” Murphy said.

“I commend Attorney General Grewal for his leadership in spearheading this progressive reform that further strengthens New Jersey’s ongoing efforts to eliminate longstanding disparities that have prevented young people in Black and Brown communities from reaching their full potential,” Murphy added.

Other support came from:

Colonel Patrick Callahan, superintendent of the NJ State Police – “While detention may be necessary for those who engage in violent criminal activity, when we can take a low-level juvenile offender and turn them away from the criminal justice system toward a better path in life, that will always be our goal. The direction and guidance in this directive reflects the wisdom that we have gained over the past two decades of juvenile justice reform in New Jersey. What we have learned is that when we can safely divert a juvenile in a manner that substitutes the support of family and the community for time in juvenile detention, everyone benefits, especially that young person.”

Veronica Allende, director of the Division of Criminal Justice – “This new directive replaces several prior attorney general directives on handling juvenile matters, making important changes to ensure that we advance best practices and remain a national model for juvenile justice reform. By providing this guidance to police and prosecutors, we will maximize the use of diversionary programs that will promote rehabilitation of young people while also keeping our communities safe.”

Louis Bordi, president of the New Jersey State Association of Chiefs of Police – “New Jersey’s police chiefs are proud to have contributed to the process that has led to this latest advancement in our state’s criminal justice system. This new directive is another important step in helping young people to get their lives back on track, while maintaining the safety of our communities.”

Jennifer LeBaron, acting executive director of the Juvenile Justice Commission – “This directive is an important next step in our ongoing reform efforts designed to divert youth away from the formal juvenile justice system in favor of community-based supports and services. These latest reforms will allow law enforcement to better engage with youth involved in low-level delinquent behavior and to redirect that behavior in constructive ways that offer the most promise for successful outcomes.”

Esther Suarez, president of the County Prosecutors Association of New Jersey – “The new juvenile justice directive is one more step toward ensuring that juvenile offenders in New Jersey are offered an opportunity to receive supportive social services and rehabilitation as opposed to being lost in the criminal justice system. We know that programs that divert youth from jail sentences, where appropriate, are successful in helping them lead productive lives and build stronger, safer communities. The CPANJ is proud to have worked in partnership with the attorney general in making recommendations that are part of this directive.”

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