2A:4A-44.2 Application of public health emergency credits to juvenile.

2A:4A-44.2  Application of public health emergency credits to juvenile.

   2. a. Except as provided in subsection b. of this section, the award of public health emergency credits pursuant to section 1 of P.L.2020, c.111 (C.30:4-123.100) shall apply to any juvenile serving a sentence in a State correctional facility operated by the Juvenile Justice Commission who due to the expiration of the juvenile's term of commitment is scheduled to be released from custody within 365 days .

   b.   Public health emergency credits shall not be awarded to any juvenile serving a sentence in a State correctional facility operated by the Juvenile Justice Commission for:

   (1)   murder pursuant to N.J.S.2C:11-3;

   (2)   aggravated sexual assault pursuant to subsection a. of N.J.S.2C:14-2; or

   (3)   any offense enumerated in N.J.S.2C:47-1 and who is deemed a repetitive, compulsive sex offender.

   c.   A juvenile who was serving a sentence in a State correctional facility operated by the Juvenile Justice Commission during the Public Health Emergency and State of Emergency declared by the Governor in Executive Order 103 of 2020 concerning the coronavirus disease 2019 pandemic shall receive public health emergency credits in accordance with section 1 of P.L.2020, c.111 (C.30:4-123.100).

   d.   A juvenile scheduled to be released from the custody of the Juvenile Justice Commission following an award of public health emergency credits pursuant to section 1 of P.L.2020, c.111 (C.30:4-123.100) shall be released on the scheduled release date based on the award of public health emergency credits.

   e. (1) Notwithstanding the provisions of subsection d. of this section, a juvenile scheduled to be released from the custody of the Juvenile Justice Commission following an award of public health emergency credits pursuant to section 1 of P.L.2020, c.111 (C.30:4-123.100) whose scheduled release date is less than 45 days after the effective date of P.L.2020, c.111 (C.30:4-123.100 et al.) shall be released within 45 days after the effective date, in order to allow the Juvenile Justice Commission to devise and implement a release plan for the juvenile and arrange for services to be provided to the juvenile upon release.

   (2)   A juvenile who is released from custody following an award of public health emergency credits pursuant to this section shall be prohibited from making contact with a victim as set forth in section 5 of P.L.2020, c.111 (C.30:4-123.103), which prohibition shall remain in force until the time that the juvenile was scheduled to be released prior to the award of public health emergency credits .

   f.   Prior to releasing a juvenile from the custody of the Juvenile Justice Commission following an award of public health emergency credits pursuant to section 1 of P.L.2020, c.111 (C.30:4-123.100), the Executive Director of the Juvenile Justice Commission shall:

   (1)   notify the juvenile in writing of the prohibition against making contact with any victim of the crime for which the juvenile was serving a sentence pursuant to section  5 of P.L.2020, c.111 (C.30:4-123.103);

   (2)   notify the juvenile that a violation of the prohibition against contact with the victim is a crime of the fourth degree; and

   (3)   require the juvenile to acknowledge in writing the receipt of the notifications provided pursuant to this subsection .

   L.2020, c.111, s.2.