JUVENILE MATTERS
Procedures
for Collecting Juvenile Fingerprints and Photographs
Issued February 1998
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Responsibilities of a Law Enforcement Agency which Files Delinquency
Charges (Charging Agency)
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When a juvenile who is fourteen or older is charged with
an offense that would be a crime if committed by an adult,
the charging agency shall take all reasonable steps to
fingerprint the juvenile. This is permitted by N.J.S.A.
2A:4A-6la(3). "Fourteen or older" means that the juvenile
was fourteen or older at the time the charged offense
was committed. "Charging agency" shall include a law enforcement
agency which files a delinquency complaint signed by a
private citizen. "All reasonable steps" shall include
taking the juvenile into custody pursuant to law or having
the juvenile voluntarily respond to the charging agency.
It should be rare for juveniles who are fourteen or older
and charged with delinquency for a crime not to be fingerprinted
by the charging agency. In those rare cases, if the juvenile
is later adjudicated delinquent for an offense which would
be a crime, an appropriate county law enforcement agency
will fingerprint the juvenile at the time of adjudication.
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The charging agency shall complete a state criminal arrest
fingerprint card and an FBI criminal arrest fingerprint
card and provide the requested information. The charging
agency may also complete one or more additional fingerprint
cards to be retained locally, pursuant to local procedures.
The charging agency shall make two copies of both fingerprint
cards and retain one copy for criminal identification
purposes. The second copy shall be submitted to the County
Prosecutor pursuant to the procedures contained in section
A. 5 below.
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The charging agency shall photograph the juvenile for
criminal identification purposes. N.J.S.A. 2A:4A-61b.
The charging agency shall make two copies of the photograph
and retain one copy for criminal identification purposes.
The second copy shall be submitted to the County Prosecutor
pursuant to the procedures contained in section A. 5 below.
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The charging agency shall immediately transmit both original
fingerprint cards and an original photograph of the juvenile
to the State Bureau of Identification within the Division
of State Police.
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The charging agency shall send a copy of the fingerprint
cards and photograph to the County Prosecutor with the
other paperwork on the case. This will verify that the
juvenile's fingerprints and photograph have been taken
and forwarded to the State Bureau of Identification. If
county procedures require that all paperwork on the case
be submitted to the Family Court, and then forwarded by
the Court to the County Prosecutor, the copy of the fingerprint
cards and photograph may be included with the paperwork
submitted to the Family Court.
Caution: Juveniles charged with delinquency who are under
the age of fourteen at the time of the offense may not be
fingerprinted by the charging agency under N.J.S.A. 2A:4A-6la(3).
In addition, juveniles who are charged with disorderly persons
offenses or petty disorderly persons offenses may not be fingerprinted
under N.J.S.A. 2A:4A-6la(3). However, under N.J.S.A. 2A:4A-6la(l),
fingerprints may be taken for juveniles of any age for comparison
to latent fingerprints, either with the consent of the court,
or of the juvenile and parent or guardian. N.J.S.A. 2A:4A-6la(l)
also provides that such prints "... shall be destroyed when
the purpose for the taking of fingerprints has been fulfilled."
If a juvenile who has been fingerprinted under section a(l)
for comparison with latent fingerprints is fourteen or older
and is later charged with delinquency for a crime, the juvenile's
fingerprints shall be taken and submitted to the State Bureau
of Identification as set forth in paragraph A1 of this directive.
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Responsibilities of County Law Enforcement and Prosecuting
Agencies
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It is the responsibility of County Prosecutors to develop
procedures, consistent with those described below, requiring
that immediately upon adjudication for an offense that
would be a crime if committed by an adult, any juvenile
who was under the age of fourteen at the time of the offense,
is to be escorted to an appropriate county law enforcement
officer for fingerprinting. N.J.S.A. 2A:4A61c.
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Fingerprints should also be taken at adjudication for
juveniles fourteen or older at the time of the offense
who are adjudicated delinquent of an offense which would
be a crime if committed by an adult and for whom there
is no copy of a fingerprint card in the County Prosecutor's
file. If possible, the juvenile's record should be checked
in the CCH system. If there is no record that the juvenile
has been fingerprinted in the CCH system, the juvenile
should be fingerprinted.
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For juveniles who must be fingerprinted pursuant to paragraphs
B1 or B2 above, an appropriate county law enforcement
agency shall complete a state criminal arrest fingerprint
card and an FBI criminal arrest fingerprint card and provide
the requested information. The county law enforcement
agency shall retain copies of the fingerprint cards for
criminal identification purposes.
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The county law enforcement agency shall immediately transmit
both original fingerprint cards to the State Bureau of
Identification within the Division of State Police.
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The county law enforcement agency is encouraged, though
not required, to photograph juveniles fourteen or older
at the time of an offense, who are adjudicated delinquent
for an offense that would be a crime if committed by an
adult. The New Jersey Code of Juvenile Justice forbids
photographing juveniles under the age of fourteen "...for
criminal identification purposes without the consent of
the court, or of the juvenile and his parent or guardian."
N.J.S.A. 2A:4A-61b. Most juveniles fingerprinted by the
county law enforcement agency should fall into this category
since juveniles fourteen or over will already have been
fingerprinted and photographed by local police. However,
if a juvenile fourteen or older at the time of an offense
that would be a crime if committed by an adult, is photographed
by the county law enforcement agency, an original photograph
should be submitted to the State Bureau of Identification
within the Division of State Police.
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In those cases where the court enters a formal adjournment
of disposition for a juvenile, who has committed an offense
that would be a crime if committed by an adult, fingerprinting
should be delayed. If the adjournment period is successfully
completed, the complaint will be dismissed and no fingerprints
should be taken. If the juvenile reoffends and the disposition
is changed, fingerprints shall be taken when the juvenile
returns to court for the entry of a formal disposition.
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In juvenile or adult cases where a criminal history of
a witness or codefendant is provided to a defendant as
part of a discovery package pursuant to R. 3:133(c)(7),
the assistant prosecutor shall review the criminal history
and determine whether any juvenile information contained
in the criminal history must be redacted. R. 3:13-3(c)(7)
provides only for the transmittal of relevant records
of prior convictions. Juvenile delinquency records are
confidential pursuant to N.J.S.A. 2A:4A-60. However, while
defendants are not entitled to juvenile records for the
purpose of impeaching the general credibility of a witness,
they may be entitled to juvenile information for the limited
purpose of making a specific attack on credibility. State
v. Brown, 132 NJ Super. 584 (Law Div. 1975). See also
State v. Allen, 70 NJ 474 (1976); State v. Ramos, 169
NJ Super. 573 (Law Div. 1979).
Note:
For informal hearings, also called "counsel not mandatory," at
which assistant prosecutors are not present, each County Prosecutor
shall respectfully request the Presiding Judge of the Family Court
to implement a procedure whereby the Court notifies the appropriate
county law enforcement agency when a juvenile, who was less than
fourteen years old at the time of the offense, is adjudicated
for an offense which would be a crime if committed by an adult.
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