N.J. Admin. Code § 13:92-4.2

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

Section 13:92-4.2 - Juvenile population capacity

(a) Each detention facility shall be inspected by the Commission and, in consultation with the administrator of the facility, assigned a maximum population capacity based on minimum standards established herein. This population capacity will also be based on the Commission's analysis of the facility's staffing.

(b) The population of a detention facility shall not exceed the maximum population capacity as assigned by the Commission.

1. The following options may be explored to reduce the population if a detention facility is regularly over the maximum population capacity:

i. In conjunction with the Family Court judge, those juveniles who may be better served in their own homes, resource family homes, detention alternative programs, or designated shelters should be identified and released.

ii. The use of a neighboring county's detention facility is required in situations of overcrowding, in accordance with 2A:4A-37.

(c) Consistent with the purpose set forth by the Legislature in the juvenile justice reform legislation to reduce overcrowding at all State and county juvenile facilities, a juvenile who receives a State sentence of incarceration shall be transported to the juvenile intake unit at the Juvenile Justice Commission's reception and intake unit no later than 30 days after the Juvenile Justice Commission receives notification, in the form of a signed commitment order and presentence or predisposition report, from the county where the juvenile has been sentenced. Subject to the availability of appropriations, the Commission also shall provide a Commission-determined per diem rate to the counties for State-committed juveniles held in the county detention centers from the 16th day after receipt by the Commission of the signed commitment order and presentence or predisposition report for each State-sentenced juvenile. The per diem rate shall be established by the Commission from time to time. The 30 days shall be exclusive of the date on which the Commission receives the appropriate and necessary documentation.

(d) The county official who is responsible for transporting the juvenile shall contact the Juvenile Justice Commission to ascertain the date on which such transfer may be effected.

N.J. Admin. Code § 13:92-4.2

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