N.J. Admin. Code § 13:93-2.2

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

Section 13:93-2.2 - Legal authority of Commission

(a)2A:4A-43(c)1 provides that if the juvenile detention facility in the county in which the juvenile has been adjudicated delinquent has a juvenile detention facility meeting the physical and program standards established pursuant to that subsection by the Juvenile Justice Commission, the court may, in addition to any of the available dispositions set forth at 2A:4A-43, incarcerate the juvenile in a juvenile detention facility for a term not to exceed 60 consecutive days. N.J.S.A. 2A:4A-43c(1) further provides that the Juvenile Justice Commission shall promulgate such rules and regulations from time to time as deemed necessary to establish minimum physical facility and program standards for the use of juvenile detention facilities pursuant to that subsection.

(b)N.J.S.A. 2A:4A-43c(2) provides that no juvenile may be incarcerated in any county detention facility unless the county has entered into an agreement with the Juvenile Justice Commission concerning the use of the facility for sentenced juveniles. That statute further provides that upon agreement with the county, the Juvenile Justice Commission shall certify detention facilities which may receive juveniles sentenced pursuant to N.J.S.A. 2A:4A-43c and shall specify the capacity of the facility that may be made available to receive such juveniles; provided, however, that in no event shall the number of juveniles incarcerated pursuant to N.J.S.A. 2A:4A-43c exceed 50 percent of the maximum capacity of the facility.

Amended by R.1999 d.248, effective 8/2/1999.
See: 31 New Jersey Register 1462(a), 31 New Jersey Register 2226(a).
Rewrote the section.