State in Interest of M.C.

• Decision Date: 20 March 2006
• Citation: 894 A.2d 60,384 N.J. Super. 116
• Parties: STATE of New Jersey in the Interest of M.C., Juvenile-Respondent. State of New Jersey in the Interest of M.P., Juvenile-Respondent. State of New Jersey in the Interest of S.J., Juvenile-Respondent.
• Court: New Jersey Superior Court

Page 60

894 A.2d 60

384 N.J. Super. 116

STATE of New Jersey in the Interest of M.C., Juvenile-Respondent State of New Jersey in the Interest of M.P., Juvenile-Respondent State of New Jersey in the Interest of S.J., Juvenile-Respondent.

Superior Court of New Jersey, Appellate Division.

Submitted February 27, 2006.

Decided March 20, 2006.

Luis A. Valentin, Monmouth County Prosecutor, attorney for appellant, State of New Jersey (Andrew S. Fried, Assistant Prosecutor, of counsel and on the briefs).

Yvonne Smith Segars, Public Defender, attorney for respondents (Lon Taylor, Assistant Deputy Public Defender, of counsel and on the briefs).

Before Judges LINTNER, PARRILLO and HOLSTON, JR.

The opinion of the court was delivered by

LINTNER, J.A.D.

In these appeals, consolidated for the purpose of this opinion, a Family Court judge imposed suspended sentences in three separate, unrelated juvenile cases involving defendants M.C., M.P., and S.J. The State contends that the sentences imposed are illegal. The limited issue for us to determine is whether the Code of Juvenile Justice, N.J.S.A. 2A:4A-20 to -91 (the Code), should be interpreted to permit suspended sentences. The Code is silent on the subject of suspended sentences. Nevertheless, we conclude that its provisions are sufficiently flexible to permit our courts to impose suspended sentences as a viable disposition, given its fundamental rehabilitative and penal objectives.

The underlying facts are undisputed. Each of the juveniles involved pled guilty pursuant to negotiated plea agreements. On March 16, 2004, M.C. pled guilty to acts which, if committed by an adult, would constitute third-degree distribution of cocaine, N.J.S.A. 2C:35-5, and disorderly persons possession of marijuana under fifty grams, N.J.S.A. 2C:35-10a(4).¹ M.C. was sentenced to time served and loss of his driver's license for six months for possession of marijuana. On the plea to distribution of cocaine, a one-year suspended custodial sentence was imposed with a two-year period of probation.

On April 12, 2004, M.P. pled guilty to acts which, if committed by an adult, would constitute third-degree distribution of heroin within 1000 feet from a school.² A two-year suspended custodial sentence was imposed with two years of probation. M.P.'s right to obtain a driver's license was also suspended for six months. Three days later, S.J. pled guilty to charges in four separate complaints. Those charges included acts which, if committed by an adult, would constitute three separate disorderly persons simple assaults, N.J.S.A. 2C:12-1a,³ fourth-degree criminal trespass, N.J.S.A. 2C:18-3a, and third-degree theft, N.J.S.A. 2C:20-3. S.J. received a two-year suspended sentence, as well as a two-year period of probation.

The State moved to vacate the suspended sentences as illegal. Rejecting the juveniles' contention that double jeopardy prevented him from deciding the issue, the judge treated the State's application as a motion for reconsideration and denied the motion.

On appeal, the State contends that the omission of a provision permitting suspended dispositional incarceration in N.J.S.A. 2A:4A-43b(1) to -(20), which it asserts provides "an exhaustive list of 20 dispositions," renders a suspended term of incarceration "not authorized" and "illegal" under the Code. Defendants counter, arguing in part that the mere omission of suspended sentences as a disposition does not "automatically" signal an intention on the part of the Legislature to prohibit the Family Court from imposing suspended sentences. Defendants also argue in part that the Juvenile Code and Criminal Code overlap. They assert that R. 5:1-1, which provides, "[j]uvenile delinquency actions shall be governed by the rules in Part III insofar as applicable and except as otherwise provided by the rules in Part V," when coupled with R. 3:21-7 and N.J.S.A. 2C:43-2b, which allow suspended sentences for adults, leads to the conclusion that suspended sentences are permitted because the Code does not address the issue. We reject the State's argument that mere omission in the Code of a suspended sentence as an authorized disposition renders it illegal. Likewise, we disagree with defendants' assertion that suspended sentences are implicitly permitted from a reading of R. 5:1-1, R. 3:21-7 and N.J.S.A. 2C:43-2b. We, however, agree that suspended sentences are neither directly nor indirectly prohibited by the Code.

We begin our analysis with the provisions of N.J.S.A. 2A:4A-43b, which list twenty dispositions available to judges when imposing sentence upon a juvenile offender.

If a juvenile is adjudged delinquent . . . the court may order incarceration pursuant to [N.J.S.A. 2A:4A-44] or any one or more of the following dispositions:

(1) Adjourn formal entry of disposition of the case for a period not to exceed 12 months for the purpose of determining whether the juvenile makes a satisfactory adjustment, and if during the period of continuance the juvenile makes such an adjustment, dismiss the complaint; provided that if the court adjourns formal entry of disposition of delinquency for a violation of an offense defined in chapter 35 or 36 of Title 2C of the New Jersey Statutes the court shall assess the mandatory penalty set forth in N.J.S. 2C:35-15 but may waive imposition of the penalty set forth in N.J.S. 2C:35-16 for juveniles adjudicated delinquent;

(2) Release the juvenile to the supervision of the juvenile's parent or guardian;

(3) Place the juvenile on probation to the chief probation officer of the county or to any other suitable person who agrees to accept the duty of probation supervision for a period not to exceed three years upon such written conditions as the court deems will aid rehabilitation of the juvenile;

(4) Transfer custody of the juvenile to any relative or other person determined by the court to be qualified to care for the juvenile;

(5) Place the juvenile under the care and responsibility of the Department of Human Services so that the commissioner may designate a division or organizational unit in the department pursuant to P.L.1951, c. 138 (C. 30:4C-1 et seq.) for the purpose of providing services in or out of the home. . . .;

(6) Place the juvenile under the care and custody of the Commissioner of Human Services for the purpose of receiving the services of the Division of Developmental Disabilities of that department, provided that the juvenile has been determined to be eligible for those services under P.L.1965, c. 59, S. 16 (C. 30:4-25.4);

(7) Commit the juvenile, pursuant to applicable laws and the Rules of Court governing civil commitment, to the Department of Human Services under the responsibility of the Division of Child Behavioral Health Services for the purpose of placement in a suitable public or private hospital or other residential facility for the treatment of persons who are mentally ill, on the ground that the juvenile is in need of involuntary commitment;

(8) Fine the juvenile an amount not to exceed the maximum provided by law for such a crime or offense if committed by an adult and which is consistent with the juvenile's income or ability to pay and financial responsibility to the juvenile's family, provided that the fine is specially adapted to the rehabilitation of the juvenile or to the deterrence of the type of crime or offense. If the fine is not paid due to financial limitations, the fine may be satisfied by requiring the juvenile to submit to any other appropriate disposition provided for in this section;

(9) Order the juvenile to make restitution to a person or entity who has suffered loss resulting from personal injuries or damage to property as a result of the offense for which the juvenile has been adjudicated delinquent. . . .;

(10) Order that the juvenile perform community services under the supervision of a probation division or other agency or individual deemed appropriate by the court. . . .;

(11) Order that the juvenile participate in work programs which are designed to provide job skills and specific employment training to enhance the employability of job participants. . . .;

(12) Order that the juvenile participate in programs emphasizing self-reliance, such as intensive outdoor programs teaching survival skills, including but not limited to camping, hiking and other appropriate activities;

(13) Order that the juvenile participate in a program of academic or vocational education or counseling, such as a youth service bureau, requiring attendance at sessions designed to afford access to opportunities for normal growth and development. This may require attendance after school, evenings and weekends;

(14) Place the juvenile in a suitable residential or nonresidential program for the treatment of alcohol or narcotic abuse, provided that the juvenile has been determined to be in need of such services;

(15) Order the parent or guardian of the juvenile to participate in appropriate programs or services when the court has found either that such person's omission or conduct was a significant contributing factor towards the commission of the delinquent act, or, under its authority to enforce litigant's rights, that such person's omission or conduct has been a significant contributing factor towards the ineffective implementation of a court order previously entered in relation to the juvenile;

(16) (a) Place the juvenile in a nonresidential program operated by a public or private agency, providing intensive services to juveniles for specified hours, which may include education, counseling to the juvenile and the juvenile's family if appropriate, vocational training, employment counseling, work or other services;

(b) Place the juvenile under the custody of the Juvenile Justice Commission established pursuant to section 2 of P.L. 1995, c. 284 (C. 52:17B-170) for placement with any private group home or private residential facility with which the commission has entered into a...