N.J. Admin. Code § 13:91-2.1

Current through Register Vol. 56, No. 11, June 3, 2024

Section 13:91-2.1 - Transfer criteria; transfer hearing

(a) A juvenile who has reached the age of 18 may be transferred to the Department, only when the Superintendent, Secure Care Administrator, and Executive Director have approved a determination of the JRCC that the threshold criteria set forth in (b) below have been satisfied and:

1. The juvenile voluntarily requests a transfer to the Department by signing the Voluntary Transfer Request Form, Form 103; or

2. With respect to a proposed involuntary transfer, the determination has been upheld after a hearing before a hearing officer under the provisions of N.J.A.C. 13:91-3.

(b) The threshold criteria for transfer of a juvenile to the Department are :

1. The juvenile demonstrates disruptive behavior, and that his or her continued presence in the juvenile facility threatens:

i. The safety of the public, juvenile facility staff, or other juveniles; or

ii. The ability of the Commission to operate the juvenile facility in a stable, safe, and orderly manner;

2. The juveniles maturity level and criminal sophistication makes the juvenile inappropriate for the available Commission programs; or

3. The juveniles continued presence in the juvenile facility impedes the effective delivery of the programs, services, and sanctions developed and implemented by the Commission to meet the special needs of the juvenile-aged offenders committed to the care, custody, and control of the Commission.

N.J. Admin. Code § 13:91-2.1

Adopted by 46 N.J.R. 1896(b), effective 9/2/2014.

Amended by 47 N.J.R. 3055(a), effective 12/7/2015