State in the Interest of V.M

In State in the Interest of V.M., 279 N.J. Super. 535, 653 A.2d 612 (App.Div.1995) the court assessed whether a deferred disposition required the suspension or postponement of a juvenile's driving privileges for theft of a motor vehicle under N.J.S.A. 2C:20-2.1. N.J.S.A. 2A:4A-43(b) provides in pertinent part: "if a juvenile is adjudged delinquent . . . the court may order . . . one or more of the following dispositions: (1) Adjourn formal entry of disposition of the case for a period not to exceed 12 months . . . and if . . . the juvenile makes a satisfactory . . . adjustment, dismiss the complaint;" however, the court shall assess mandatory drug enforcement and demand reduction penalties of N.J.S. 2C:35-15, but may waive imposition of the penalty under N.J.S.A. 2C:35-16, which is the loss of driving privileges required for drug offenders. In the case of V.M., the juveniles plead guilty to receiving stolen property in violation of N.J.S.A. 2C:20-7 and received a deferred disposition for twelve months. The "sentencing" court refused to impose the mandatory fines and penalties required by N.J.S.A. 2C:20-2.1. This statute reads in pertinent part: "In addition to any other disposition authorized by law, a person convicted under the provisions of this chapter of theft or unlawful taking of a motor vehicle shall be subject . . . to suspension or postponement of the person's license to operate a motor vehicle. . . ." The V.M. court noted a serious question as to whether the term "subject to" was a mandatory penalty but found no need to resolve whether that phrase was an authorization or a mandate. Instead, the V.M. court said: "In our view it is incompatible with dismissal of the complaint to require imposition of mandatory penalties unless specifically required by N.J.S.A. 2A:4A-43" and concluded that if the penalties of N.J.S.A. 2C:20-22.1 were to be mandatory, the Legislature could have included those in N.J.S.A. 2A:4A-43 as mandatory along with N.J.S.A. 2C:35-15. 279 N.J. Super. at 539, 653 A.2d 612. Since the Legislature did not, the court concluded N.J.S.A. 2C:20-2.1 was not mandatory for a deferred disposition. Ibid. The Court analyzed whether the driver's license suspension penalty provision contained in N.J.S.A. 2C:20-2.1(a)(1) was applicable when a juvenile pleads guilty to an act of delinquency constituting the theft or unlawful taking of a motor vehicle, contrary to N.J.S.A. 2C:20-3(b), and receives an adjourned disposition pursuant to N.J.S.A. 2A:4A-43b(1). Id. at 536, 653 A.2d 612. In rejecting the State's contention that, since an adjourned disposition is a "disposition" under the New Jersey Code of Juvenile Justice, the driver's license suspension was required, Judge Wallace stated, in pertinent part: "Statutes in pari materia are to be construed together when helpful in resolving doubts or uncertainties and the ascertainment of legislative intent." State v. Green, 62 N.J. 547, 554-55, 303 A.2d 312 (1973). In reading the statutes together (N.J.S.A. 2A:4A-43b(1) and N.J.S.A. 2C:20-2.1), we are satisfied that the Legislature did not intend the theft penalties in N.J.S.A. 2C:20-2.1 to apply to a disposition in the form of a review period under N.J.S.A. 2A:4A-43b(1). This latter section provides for adjournment of "formal entry of dispositions" and further provides that "if during the period of continuance the juvenile makes such an adjustment, the court shall dismiss the complaint." In our view it is incompatible with dismissal of the complaint to require imposition of mandatory penalties, unless specifically required by N.J.S.A. 2A:4A-43. Further, our interpretation is supported by the express wording of N.J.S.A. 2A:4A-43b(1), which provides that upon adjournment of "formal entry of disposition of delinquency . . . the court shall assess the mandatory penalties 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." Surely, if the Legislature intended the penalties of N.J.S.A. 2C:20-2.1 to apply to a disposition under N.J.S.A. 2A:4A-43b(1), it would have expressly included N.J.S.A. 2C:20-2.1 in this section of the statute. V.M., supra, 279 N.J. Super. at 539, 653 A.2d 612. In State in Interest of V.M., 279 N.J. Super. 535, 537, 653 A.2d 612 (App.Div.1995), speaking through Judge Wallace, the Court concluded that adjourning formal entry of disposition pursuant to N.J.S.A. 2A:4A-43b(1) by "placement of a juvenile under a twelvemonth adjustment is a disposition." As the Court noted, however, "the more difficult question is what consequences flow from this form of disposition." Ibid. This is so because when "the juvenile makes a satisfactory adjustment" during the period of the adjourned disposition, the delinquency complaint is dismissed. N.J.S.A. 2A:4A-43b(1).