[First Reprint]

SENATE CONCURRENT RESOLUTION No. 46

 

STATE OF NEW JERSEY

208th LEGISLATURE

 

INTRODUCED APRIL 2, 1998

 

 

Sponsored by:

Senator BERNARD F. KENNY

District 33 (Hudson)

Senator GERALD CARDINALE

District 39 (Bergen)

 

Co-Sponsored by:

Senator Cafiero

 

 

 

 

SYNOPSIS

    Determines Juvenile Justice Commission regulation on housing State-sentenced juvenile offenders in county facilities inconsistent with legislative consent.

 

CURRENT VERSION OF TEXT

    As reported by the Senate Legislative Oversight Committee on November 23, 1998, with amendments.

 

(Sponsorship Updated As Of: 6/12/1998)


A Concurrent Resolution concerning legislative review of Juvenile Justice Commission regulations pursuant to Article V, Section IV, paragraph 6 of the Constitution of the State of New Jersey.

 

    Be It Resolved by the Senate of the State of New Jersey (the General Assembly concurring):

 

    1. Pursuant to Article V, Section IV, paragraph 6 of the Constitution of the State of New Jersey, the Legislature may review any rule or regulation adopted by an administrative agency to determine if the rule or regulation is consistent with the intent of the Legislature as expressed in the language of the statute which the rule or regulation is intended to implement.

 

    2. The Legislature enacted the "New Jersey Code of Juvenile Justice," P.L.1982, c.77 (C.2A:4A-20 et seq.) as a reasoned and pragmatic approach to protecting the public welfare while serving the best interests of juveniles. The 1[code] statute1 seeks to separate children from the family environment only when necessary to their health, safety or welfare or in the interests of public safety. When it becomes necessary to remove children from their families, the 1[code] statute1 expresses the Legislature's intention that these children receive an adequate program of supervision, care and rehabilitation. The 1[code] statute1 further recognizes a program that meets these objectives cannot be carried out in overcrowded detention facilities. Section 18 of the 1[code] statute1 expressly states: "No juvenile shall be placed in a detention facility which has reached its maximum capacity, as designated by the Juvenile Justice Commission."

 

    3. a. Notwithstanding this clear expression of legislative intent, the Juvenile Justice Commission has been requiring that State-sentenced juvenile offenders be retained in overcrowded county detention centers for extended periods of time. The State Supreme Court ruled in December 1997, in response to suits brought by Hudson and Camden Counties, that the commission, in so doing, was acting in violation of its own regulation, codified at N.J.A.C.10:19-4.2. This regulation 1[requires] required1 the removal of State-sentenced juveniles from county detention centers within three days.

    b. The commission responded to the court's decision by issuing an emergency rule and 1[proposed] proposing and adopting a1 permanent regulation, codified at N.J.A.C.13:90-4.2, extending the period that State-sentenced offenders could be housed at county detention facilities from three days to 45 days. The regulation further provides that the commission make a commission-determined per diem payment to the counties for State-committed juveniles held in county detention centers after 15 days. The 1[proposed] current1 per diem rate is $58.50. 1[The proposed permanent] This1 regulation 1[is scheduled to become] became1 effective on April 1[4] 31, 1998.

 

    4. The Legislature finds that the regulation promulgated at N.J.A.C.13:90-4.2 by the Juvenile Justice Commission is not consistent with legislative intent as expressed in the "New Jersey Code of Juvenile Justice," P.L.1982, c.77 (C.2A:4A-20 et seq.). This regulation would exacerbate overcrowding at county juvenile detention facilities and flout the clear intention of the Legislature that juveniles not be detained in facilities which have reached their maximum capacities.

 

    5. The Secretary of the Senate and the Clerk of the General Assembly shall transmit a duly authenticated copy of this concurrent resolution to the Governor and the Director of the Juvenile Justice Commission.

 

    6. Pursuant to Article V, Section IV, paragraph 6 of the Constitution of the State of New Jersey, the Juvenile Justice Commission shall have 30 days following transmittal of this resolution to amend or withdraw the amended regulation codified at N.J.A.C.13:90-4.2.