New Jersey-2012-A3992-Introduced

An Act concerning the transfer of custody of certain juveniles from the Juvenile Justice Commission to the Department of Corrections and amending P.L.1995, c.284.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 7 of P.L.1995, c.284 (C.52:17B-175) is amended to read as follows:

7. a. Notwithstanding the Juvenile Justice Commission's responsibility for State secure juvenile facilities and State juvenile facilities and programs, the Department of Corrections, through agreement with the commission, shall provide central transportation, communication and other services required by the commission in connection with the operation of these facilities and the custody and care of juveniles confined in the facilities.

b. Notwithstanding the commission's responsibility for State secure juvenile facilities and State juvenile facilities, the Department of Children and Families shall provide care and custody for juveniles placed under the care and custody or committed to the department pursuant to paragraphs (5), (6) and (7) of subsection b. of section 24 of P.L.1982, c.77 (C.2A:4A-43).

c. The commission and the Commissioner of Children and Families shall formulate a plan to provide adequate and appropriate mental health services to juveniles in secure juvenile facilities and juvenile facilities operated by the commission. The commission and the Commissioner of Children and Families shall jointly adopt regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), establishing the procedures included in the plan. The plan shall include the following:

(1) Procedures for identifying juveniles in need of such services upon admission to and while in a facility, including procedures for evaluation;

(2) Procedures for providing appropriate and adequate treatment and for terminating treatment when it is no longer needed;

(3) Procedures for ensuring cooperation between employees of the commission and the Department of Children and Families; and

(4) Procedures for review and revision of the plan.

d. The commission, through agreement with the Attorney General, the Commissioner of Corrections or the Commissioner of Children and Families as appropriate, shall arrange to provide such other services as may be required by the commission and may enter into other agreements as authorized pursuant to R.S.52:14-1 et seq. or any other law of this State.

e. The commission and the Commissioner of the Department of Corrections shall, consistent with applicable State and federal standards, formulate a plan setting forth procedures for transferring custody of any juvenile incarcerated in a juvenile facility who:

(1) has reached the age of 22 during confinement; or

(2) has reached the age of 16 during confinement and whose continued presence in the juvenile facility threatens the public safety, the safety of juvenile offenders, or the ability of the commission to operate the program in the manner intended.

The commission and the Commissioner of the Department of Corrections shall jointly adopt regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), establishing the procedures included in the plan.

(cf: P.L.2006, c.47, s.193)

2. This act shall take effect on the first day of the seventh month after enactment, but the Executive Director of the Juvenile Justice Commission and the Commissioner of Corrections may take any anticipatory administrative action in advance as shall be necessary for the implementation of the act.

STATEMENT

This bill establishes a maximum age of 21 years old for a person to be incarcerated in a juvenile facility.

Specifically under the bill, juveniles incarcerated in a juvenile facility operated by the Juvenile Justice Commission are required to be transferred to a State correctional facility under the jurisdiction of the Department of Corrections (DOC) once they turn 22 years old.

Under current law, the Juvenile Justice Commission and the DOC are required to formulate a plan setting forth procedures for transferring custody to the DOC of any juvenile incarcerated in a juvenile facility who has reached the age of 16 during confinement and whose continued presence in the juvenile facility threatens the public safety, the safety of juvenile offenders, or the ability of the Juvenile Justice Commission to effectively operate programs. Under the bill, the plan also would have to provide for the transfer of juveniles who have reached the age of 22 years during confinement to a DOC facility.