State ex rel. R.M.

661 A.2d 1277, 141 N.J. 434, 1995 N.J. LEXIS 537
CourtSupreme Court of New Jersey
DecidedAugust 7, 1995
StatusPublished
Cited by7 cases

This text of 661 A.2d 1277 (State ex rel. R.M.) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State ex rel. R.M., 661 A.2d 1277, 141 N.J. 434, 1995 N.J. LEXIS 537 (N.J. 1995).

Opinion

The opinion of the Court was delivered by

HANDLER, J.

In this case, a delinquent juvenile was sentenced to a term of incarceration which, on appeal, he contends was illegal. That contention requires the Court to consider the substantive and procedural standards to be applied in determining whether a delinquent juvenile is developmentally disabled for the purposes of the Code of Juvenile Justice. The issue is important because a juvenile who is developmentally disabled cannot be incarcerated for delinquency.

I

The Code of Juvenile Justice prohibits the incarceration of a juvenile who is developmentally disabled. N.J.S.A. 2A:4A-44c(2). That statutory prohibition is invoked in this case by a juvenile, R.M., who was sentenced to a term of incarceration for offenses committed on February 24, 1993.

On that day, R.M. approached a passenger on a train and asked him if he had any change. When the passenger stated that he did not, R.M. displayed a large hunting knife that he wore on his waistband. The passenger showed R.M. that he only had three one-dollar coins, two quarters, a nickel, and a few pennies. R.M. next asked to see what was in the passenger’s bag, and the passenger showed R.M. that the bag contained only magazines. [440]*440The passenger then gave R.M. the change. According to the victim, as the train pulled into the station, “[R.M.] informed me that this was my stop. When I arrived at my home, the police called me telling me they had apprehended the man. They took me to Hoboken station where I identified the man.”

R.M. was charged in the Family Part of the Chancery Division of the Superior Court (hereinafter sometimes referred to as the “family court”) with acts that, if committed by an adult, would constitute first degree robbery, in violation of N.J.S.A. 2C:15-1, third degree possession of a weapon for an unlawful purpose, in violation of N.J.S.A. 2C:39-4d, which was later amended to fourth degree unlawful possession of a weapon, in violation of N.J.S.A. 2C:39-5, and receiving stolen property, in violation of N.J.S.A. 20:20-7.

The State agreed to withdraw its motion seeking the waiver of juvenile court jurisdiction and the transfer of the prosecution to the adult court in return for R.M.’s admission to acts that constituted robbery and possession of a weapon. R.M. admitted that he possessed a knife and committed a robbery with that knife. The family court accepted the plea and the withdrawal of the waiver motion, and dismissed the remaining charges.

At the dispositional hearing, evidence was presented on mitigating and aggravating factors. Defense counsel did not argue, however, that R.M. was developmentally disabled. After considering the evidence, the court sentenced R.M. to four years’ incarceration in Jamesburg. Additionally, following defense counsel’s recommendation, the court ordered immediate psychiatric assistance, including medication if necessary, as well as the continued involvement of the Division of Youth and Family Services (DYFS). The court stated that the involvement of DYFS was necessary to implement the “re-entry program” proposed by defense counsel. Finally, the court retained jurisdiction, requiring that no placement occur wdthout prior court approval.

R.M. filed an appeal limited to the excessiveness of the sentence pursuant to Rule 2:9-11. The arguments on the appeal focused on [441]*441the question of whether the evidence adduced at the dispositional hearing demonstrated that R.M. was developmentally disabled, and therefore not subject to incarceration. The Appellate Division determined that “[i]t has not been established that defendant is developmentally disabled,” and, noting further that “[tjhis issue was not raised in the trial court,” concluded that “the record is not sufficiently developed” to warrant a finding of developmental disability. Accordingly, it affirmed the judgment of the trial court.

We granted the juvenile’s petition for certification. 137 N.J. 166 (1994).

II

The provision exempting developmentally-disabled juveniles from incarceration, N.J.S.A. 2A:4A-44c(2), was included in the Code of Juvenile Justice (Code) that was passed in 1982. L.1982, c. 77; N.J.S.A. 2A:4A-20 to -49. That provision states that “[t]he following juveniles shall not be committed to a State correctional facility: ... (2) Juveniles who are developmentally disabled as defined in paragraph (1) of subsection a. of section 3 of P.L.1977, c. 82 (C. 30:6D-3a(l)).”

The reference in the Juvenile Code to paragraph 3a(l) of the 1977 law introduces some ambiguity into the question of the definition of developmental disability, because substantial amendments to the statutory definition of developmental disability were enacted after the passage of the Juvenile Code provision barring the incarceration of developmentally-disabled juveniles. Thus, paragraph 3a(l) of the current statute reflecting those amendments contains only a small part of the present definition of developmental disability. The earlier statute, L.1977, c. 82, § 3a; N.J.S.A. 30:6D-3a (since amended), presented a much larger part of the definition in its paragraph (1). It defined a developmental disability to mean a disability of a person which

(1) is attributable to:
(a) mental retardation, cerebral palsy, epilepsy or autism;
[442]*442(b) any other condition found to be closely related to mental retardation because such condition results in impairment of general intellectual functioning or adaptive behavior similar to impairment resulting from mental retardation or which requires treatment and sendees similar to those required for mental retardation; or
(c) dyslexia resulting from a disability described in subparagraphs (a) and (b);
(2) originates before such person attains age 18;
(3) has continued or can be expected to continue indefinitely; and
(4) constitutes a substantial handicap to such person’s ability to function normally in society!.]
[former N.J.S.A. 30:6D-3a.]

In 1985, the Legislature enacted the Division of Developmental Disabilities Act. L.1985, c. 145; N.J.S.A. 30:6D-23 to -32. That Act amended the definition of developmental disability to read as follows:

a. “Developmental disability” means a severe, chronic disability of a person which:
(1) is attributable to a mental or physical impairment or combination of mental or physical impairments;
(2) is manifest before age 22;
(3) is likely to continue indefinitely;
(4) results in substantial functional limitations in three orjmore of the following areas of major life activity, that is, self-care, receptive and expressive language, learning, mobility, self-direction and capacity for independent living or economic self-sufficiency; and
(5) reflects the need for a combination and sequence of special inter-disciplinary or generic care, treatment or other services which are of lifelong or extended duration and are individually planned and coordinated.

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Bluebook (online)
661 A.2d 1277, 141 N.J. 434, 1995 N.J. LEXIS 537, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-rm-nj-1995.