Full Answer
What are the Attorney General guidelines?
Attorney General Law Enforcement Directive NO. 2005-1: Establishing an official statewide police defining and prohibiting the practice of RACIALLY-INFLUENCED POLICING” Added 12.20.05 clarification to 2005-1
How do you contact Attorney General?
New Jersey’s Attorney General is beefing up guidelines for handling sexual assault cases in the state. Gurbir Grewal issued a 14-point directive to all law enforcement officers, roughly a month after Gov. Phil Murphy asked his office to review how such cases are prosecuted.
Who is the current head of DOJ?
Oct 08, 2020 · The general principle of this Directive is that communications about matters within the Attorney General’s jurisdiction should be coordinated through the Attorney General’s Executive Leadership Team, except where the Attorney General has authorized contacts as described in this
Who is the current Attorney General?
ATTORNEY GENERAL LAW ENFORCEMENT DIRECTIVE NO. 2020-12 TO: All Law Enforcement Chief Executives FROM: Gurbir S. Grewal, Attorney General DATE: December 3, 2020 SUBJECT: Directive Establishing Policies, Practices , and Procedures to Promote Juvenile Justice Reform
What is the role of the Attorney General?
The Attorney General also exercises considerable enforcement authority in non-criminal matters. For example, the Attorney General has the statutory authority to investigate and pursue civil and administrative violations of certain statutes, including but not limited to the Law Against Discrimination, the Civil Rights Act, the False Claims Act, the Consumer Fraud Act, and the Charitable Registration & Investigation Act. In addition, the Attorney General serves as legal counsel for state agencies exercising their own civil or administrative enforcement authority, including but not limited to the Departments of Environmental Protection, Banking & Insurance, and Labor & Workforce Development, as well as units within LPS, including the Divisions of Alcoholic Beverage Control and Gaming Enforcement.
What is the Non-Enforceability Directive?
This Directive is issued pursuant to the Attorney General’s authority to supervise LPS operations and ensure the uniform and efficient enforcement of the laws and administration of criminal justice throughout the State. This Directive imposes limitations on law enforcement agencies and officials that may be more restrictive than the limitations imposed under the United States and New Jersey Constitutions, and federal and state statutes and regulations. Nothing in this Directive shall be construed in any way to create any substantive right that may be enforced by any third party.
What is a complaint summons in New Jersey?
Pursuant to New Jersey Court Rule 5:20-2, if there is probable cause to believe that a juvenile is delinquent, a law enforcement officer may issue a complaint-summons to the juvenile and their parent, guardian, or custodian. There is no need to apply to the court for a finding of probable cause. Once the complaint-summons is filed with the court, the law enforcement officer shall within five days personally serve the summons on the juvenile and their parent, guardian, or custodian without taking the juvenile into custody. R. 5:20-2(a). If a law enforcement officer issues a summons, the juvenile will be released after processing and scheduled to return to court at a later date.
How does juvenile justice work in New Jersey?
A key function of the juvenile justice system in New Jersey is to rehabilitate youth and help them enter adulthood less likely to break the law. For the vast majority of youthful offenders, the system works best when juveniles are diverted away from formal court proceedings and towards social or familial support. Over the past two decades, New Jersey has emerged as a national leader in safely reducing the number of juveniles detained by the juvenile justice system. We were the first state in the country to fully adopt a groundbreaking program known as the Juvenile Detention Alternatives Initiative (JDAI), which transformed the state’s juvenile justice system and largely eliminated the chronic, dangerous overcrowding that plagued our state’s juvenile detention facilities.
What is curbside warning?
A “curbside warning” is a brief, informal interaction between a law enforcement officer and a juvenile who the officer observed engage in an act of minor delinquency.4 During the interaction, the officer counsels the juvenile to discontinue the conduct, warns the juvenile about the potential consequences of future delinquency, and then concludes the interaction without taking any further action. For the purposes of this Directive, curbside warnings do not include interactions between juveniles and School Resource Officers or other law enforcement officers assigned to a school, as those interactions are governed by policies and practices established between schools and law enforcement agencies.
How long can a juvenile be in short term custody?
Pursuant to N.J.S.A. 2A:4A-32(a), under no circumstances shall any juvenile taken into short-term custody be held for more than six hours. Short term custody begins once a juvenile has entered a police department, and does not include when a juvenile is being held at the scene or while in transport.20 For delinquency complaints, the six-hour timeframe includes the duration of time required for processing and either release on a complaint-summons or transportation to a juvenile detention facility for a complaint-warrant. Therefore, law enforcement and prosecutors must ensure that these steps are
When is there a presumption in favor of engaging in a curbside warning?
There shall be a presumption in favor of engaging in a curbside warning—rather than initiating more formal action involving a juvenile—when the officer personally encounters a juvenile who has allegedly engaged in conduct that appears to constitute:
What is on call prosecutorial screening?
On-call prosecutorial screening/approval system. Each County Prosecutor’s Office already has an established system of on-call Assistant Prosecutors available on a 24/7 basis to provide real-time legal advice and charging approvals to law enforcement officers.14 15 Those assigned on-call duty shall have sufficient experience to perform the functions
What are the conditions of release for juveniles?
Conditions of release. When a juvenile is not detained, prosecutors can and should request that the court order specific release conditions or enhanced monitoring , in addition to those recommended by Juvenile Intake. An Assistant Prosecutor shall request that the court impose any other release conditions, where the prosecutor has reason to believe that such condition(s) is needed to: reasonably assure the juvenile’s appearance in court; protect the community; and to prevent the juvenile from obstructing or attempting to obstruct the juvenil e justice process. Specifically, Assistant Prosecutors should request no contact provisions whenever necessary.
What is the State's tool for correcting injustices in the use of mandatory minimum drug sentences?
The State possesses a significant tool for correcting injustices in the use of mandatory minimum drug sentences: the ability to seek waivers of mandatory periods of parole ineligibility pursuant to Section 12, provided such waivers are sought in a consistent manner under the Vasquez and Brimage decisions. In addition, pursuant to Court Rule 3:21-10(b)(3), the State, jointly with an incarcerated defendant, may at any time file an application seeking to change a sentence for good cause, including a request to rescind a mandatory term of parole ineligibility pursuant to Section 12.
How many parts of a sentence does a defendant have to serve?
Generally speaking, State law divides a defendant’s sentence into two parts: imprisonment, then parole. For many crimes, the defendant becomes eligible for parole after serving one-third of the sentence, with a strong presumption in favor of release immediately upon eligibility.2 (As a practical matter, many defendants under this “default” rule become
What is a health care directive?
A health care directive is a written document that informs others of your health care wishes. It allows you to name a person (or “agent”) to make decisions for you if you are unable to do so. Under Minnesota law, anyone 18 or older can make a health care directive.
How old do you have to be to be a health care agent?
Your health care directive is limited as follows: Your agent must be at least 18 years of age; Your agent cannot be your health care provider, unless the health care provider is a family member or you give reasons why your agent is your health care provider; and. You cannot request assisted suicide.
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