With the recent implementation of new law A-4299, juveniles tried and convicted for crimes in New Jersey will have a better shot at breaking the cycle of incarceration. The legislation, which was sponsored by Democrats Shavonda Sumter, Benjie Wimberly, and Charles Mainor, serves to adjust the focus on juvenile sentencing back to rehabilitation for the benefit of both the individual and New Jersey society as a whole. There are three major pieces to the new law, which repeals a harsher current juvenile system.

1. Movement to adult court: The new law updates a previous one in terms of determining when juveniles will be tried as adults. It will streamline the ways juvenile cases can be moved to an adult court, and makes it only an option for youth at least 15 years old. Previously, this was determined individually and with specific attention to a previous record and a test to see if they are able to be rehabilitated, which are often inconclusive.

2. Movement to adult prisons: One major provision of the new law is that juveniles tried as adults can serve their sentence in a juvenile facility, until the age of 21. The sentencing will continue as if the individual is an adult, yet will take place in a structured environment better suited for eventual rehabilitation. Exceptions to this law include the youth’s movement to a state facility in the event of extreme safety risks or building operations.  Certain cases will also move from an adult court during trial to the juvenile court for sentencing, in situations when offenses for which they were not transferred to adult court are also present in sentencing. Finally, during the period between court beginning and sentencing, the law establishes the reasonable precedent that the juvenile will be held in a youth facility during that time.

3. Solitary confinement: Known in juvenile detention as ‘room restriction’, the practice is nevertheless highly damaging to youths still at a stage in their life where there is hope for reformation and a transformation out of the prison system. In the small percentage of situations where this is indeed implemented, it must be clearly documented with reasons listed for each situation of room restriction. This may be used in cases of immediate risk to other individuals or the facility, or when there are no other viable options. All documentation of these instances will be available to view by the public.

The major proponents of this law acknowledge the concerns of some opponents, especially the notion that they are being ‘soft on crime’ or letting the juvenile offenders off easy. Mainor, one of the sponsors, explains that the goal of these new law adjustments is ultimately rehabilitation. This is beneficial for the individual being sentenced, as well as society at large, as because it will help the young people become productive in society, as well as cutting down on overall prison costs to taxpayers. He commented that it “makes sense not only morally, but financially.” The move towards rehabilitative justice for youth offenders is key to reducing recidivism in the community.