N.J. Admin. Code § 13:92-4.1

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:92-4.1 - Location, building approval, and limitations

(a) A juvenile shall be placed or remain in detention only in a facility approved for that purpose by the Commission.

1. No detention facility shall be part of, attached to, or in any way physically connected to a facility providing shelter care, as defined in 2A:4A-22(d);

2. A detention facility must obtain Commission approval of a written implementation proposal that has been signed-off by all relevant entities prior to:

i. Any shared or additional use of a facility;

ii. Any closure of facility or portion thereof;

iii. Any renewal of or amendments to shared services agreements between counties; or

iv. Any transfer of juveniles, except for routine transfers for operational purposes.

3. A written implementation proposal shall contain such elements as are determined to be necessary and appropriate by the executive director or designee, and shall include at a minimum:

i. A clear explanation of the need to be addressed by the proposed action;

ii. A description of all policy options considered and rejected in favor of the proposed action, including why the proposed action best meets the need identified in (a)3i above;

iii. The estimated costs;

iv. A detailed projected time line for implementation; and

v. The review factors set forth in 13:92-4.1(a)5.

4. An implementation proposal that is complete and in compliance with the requirements of (a) 3 above shall be approved, unless it is determined by the Commission that the implementation proposal:

i. Is unclear or facially inconsistent;

ii. Fails to comply with any requirements of State or Federal law pertaining to the detention of juveniles; or

iii. Otherwise proposes a course of action not conducive to the welfare of juveniles or to the best interests of the State, as determined by the Commission utilizing the review factors set forth in (a)5 below.

5. In making the determination provided for in (a) 4iii, above, the Commission shall utilize the following review factors:

i. With respect to sending and receiving facilities:

(1) Access to family, legal services, community providers and local support groups;

(2) Available educational services and access to local school district resources;

(3) Quality of projected contract administration and quality assurance, including ongoing contract and fiscal monitoring;

(4) Historical stability of average daily facility population; and

(5) Such other factors as may be required by the Commission;

ii. With respect to receiving facilities, demonstrated capacity to comply with the provisions of this chapter, including, but not limited to, provisions related to:

(1) Operational requirements;

(2) Provision of medical and psychiatric services;

(3) Provision of adequate social services; and

(4) Adequacy of custody supervision; and

iii. With respect to sending facilities:

(1) Soundness of assessments supporting the need to acquire the number of beds identified in the implementation plan;

(2) Adequacy of contingency plans for possible additional beds;

(3) Plans for the transportation of juveniles to and from court, outside services and interviews;

(4) The implementation plan's anticipated impacts upon court resources, including case processing time, calendar delays and adjournments, together with a proposed course of action to remedy any negative impacts;

(5) The implementation plan's anticipated impacts upon detention alternative programs run by the facility and by other agencies and organizations, together with a proposed course of action to remedy any negative impacts; and

(6) Impact upon law enforcement resources, including anticipated impact upon the transportation of juveniles to detention facilities from municipal or other lockup facilities.

6. Inter-county and other transfers of juveniles to and from a detention facility are subject to monitoring and approval of the Commission.

7. In any event:

i. The population of a detention center may not be increased or decreased, or otherwise manipulated, in order to meet objectives unrelated to sound operational practices for secure detention facilities; and

ii. No transfer of juveniles shall be permitted if, as a result of the transfer, the population in the receiving facility shall exceed the maximum population capacity assigned by the Commission, as provided for in 13:92-4.2(b).

(b) No new detention facility shall be part of, attached to, or in any way physically connected to an adult lockup facility unless a plan has been developed in accordance with the requirements of the Juvenile Justice and Delinquency Prevention Act of 1974, as amended, P.L. 102-586, 42 U.S.C. §§ 5601 et seq., and 28 C.F.R. Part 31, incorporated herein by reference, for collocated juvenile detention facilities. Plans for collocated facilities shall be reviewed and approved by the Commission prior to the establishment of such facilities.

(c) No new detention facility shall be constructed and no existing facility shall increase its resident capacity unless a needs evaluation study has been completed by the county. The needs evaluation study shall be an in-depth analysis of all pertinent factors, including population projections and detention alternatives, to determine whether the need is clearly demonstrated.

(d) New and renovated detention facilities shall be approved by appropriate local construction officials in accordance with the New Jersey Uniform Construction Code, N.J.A.C. 5:23, and shall not be used or occupied in whole or in part until a certificate of occupancy is issued by the appropriate local construction official and final written approval is granted by the Commission.

(e) Programmatic, schematic and design plans for new buildings, or renovations to existing buildings, shall be submitted to the Commission for review, recommendations, and preliminary approval. To qualify for final approval by the Commission, detailed plans and specifications shall be submitted in compliance with the New Jersey Uniform Construction Code, N.J.A.C. 5:23; the New Jersey Uniform Fire Code, N.J.A.C. 5:70; the Americans with Disabilities Act, 42 U.S.C. §§ 12101 et seq.; the rules of this chapter; and all other applicable Federal, State and local laws. The Commission's approval shall be based on:

1. Consistency with the results of the needs evaluation study and the proposed resident capacity of the facility; and

2. Site design considerations which shall include, but are not limited to, the following:

i. Security;

ii. Suicide prevention;

iii. Privacy;

iv. Ease of group movement and supervision;

v. Indoor and outdoor recreation;

vi. Parking;

vii. Service access;

viii. Program services; and

ix. Convenient accessibility to public transportation.

(f) All change orders and modifications relating to life safety and security issues shall be submitted to the Commission for review and approval.

(g) Juvenile detention facility design, equipment and furnishings shall reflect a normalized adolescent environment, as much as possible. Accordingly, an adult jail-like environment shall be avoided to the fullest extent possible.

N.J. Admin. Code § 13:92-4.1

Amended by 50 N.J.R. 2241(a), effective 11/5/2018