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Sunday, May 09, 2021

STATE OF NEW JERSEY IN THE INTEREST OF J.D. (FJ-13-0137-20, FJ-13-0491-20 AND FJ-13-0492-20, MONMOUTH COUNTY AND STATEWIDE) (RECORD IMPOUNDED) (A-0548-20)

 STATE OF NEW JERSEY IN THE INTEREST OF J.D. (FJ-13-0137-20, FJ-13-0491-20 AND FJ-13-0492-20, MONMOUTH COUNTY AND STATEWIDE) (RECORD IMPOUNDED) (A-0548-20)

In 2019, three women alleged that J.D. sexually assaulted them years earlier when they and J.D. were minors. The State filed juvenile delinquency complaints against J.D. and moved to waive certain charges to the Criminal Part to try J.D. as an adult on the alleged assaults that occurred when he was between the ages of fifteen and seventeen.

The issue on this appeal is whether the waiver proceedings should be governed by the current statute, N.J.S.A. 2A:4A-26.1, which became effective in March 2016, or by a hybrid of the current statute and one provision of the statute in effect at the time of the alleged offenses, N.J.S.A. 2A:4A-26(e). The court holds that the current statute governs.