Criminal Justice (Courts)

This bill (S 181) allows juveniles aged 14 or older charged with certain offenses to request, with court approval, to be tried as adults in criminal court instead of juvenile court. It requires a hearing to ensure juveniles understand the differences in sentencing and consequences before making this choice. If approved, the case proceeds under adult sentencing rules, but with a presumption that any custodial sentence is served in a juvenile facility until age 21, with limited exceptions for safety or age 21+. The bill also permits a later transfer back to juvenile court with consent if it serves the juvenile's best interests or public safety. Note: The bill was withdrawn on January 13, 2026, as it was approved as part of P.L.2025, c.368.

S 290 allows New Jersey courts to adjust, reduce, or waive criminal defendants' fines, fees, and penalties (known as legal financial obligations) based on their ability to pay, the interests of justice, or if the obligation conflicts with rehabilitation goals. It directly affects individuals convicted of crimes who face mandatory financial penalties. Courts must publicly state the specific reasons for any adjustment or waiver on the record. This bill implements a recommendation from the 2023 New Jersey Criminal Sentencing Commission to make these obligations more equitable.

This New Jersey bill (S 318) criminalizes three specific acts related to vacant dwellings: forcibly entering without permission to take residence ("housebreaking"), occupying without permission ("unlawful occupancy"), and reentering after a court-ordered eviction ("unlawful reentry"). All are classified as fourth-degree crimes punishable by up to 18 months in jail or a $10,000 fine. The law presumes occupants know they lack permission unless they have a notarized written rental agreement with the owner's current contact details. It directly affects property owners seeking to evict unauthorized occupants and occupants in vacant properties without documented authorization.

New Jersey's S 2038 creates a pilot program for behavioral health courts, allowing eligible defendants to receive court-ordered treatment instead of prison sentences. The bill applies to individuals convicted of non-violent offenses who need behavioral health services (e.g., mental health or substance abuse treatment), have no prior violent convictions, and meet specific criteria like not possessing firearms during the offense. Courts must order participants into licensed treatment programs and monitor compliance, with probation revoked for violations (permanent revocation after a second violation). The program is limited to counties/municipalities that apply and operates as a pilot in at least two counties and five municipalities.

This bill (S 3126) increases the credit toward court-imposed financial obligations for individuals jailed due to nonpayment. Specifically, it raises the daily credit from $50 to $90 for each day served in jail related to unpaid fines, restitution, child support, or other court-ordered debts. The change applies directly to people incarcerated for defaulting on these obligations without "good cause," as defined under New Jersey law. It modifies Section 2C:46-2(c) of the statute to ensure greater debt reduction per day of incarceration. This policy change aims to reduce the total debt burden more effectively for affected individuals.

This bill requires New Jersey to make expunged criminal records accessible to non-citizen residents who need them for immigration or naturalization applications. It amends state law to ensure that when a court grants an expungement, the records specified in that order can be provided to the person or their representative upon request for immigration purposes. Currently, expunged records are treated as nonexistent for most purposes, but this creates barriers for non-citizens needing accurate records for federal immigration proceedings. The bill specifically defines "immigration or naturalization matter" to include any U.S. immigration or citizenship-related process. This change directly affects non-citizen residents who have had criminal records expunged but require those records to support immigration status applications.