N.J. Admin. Code § 13:91-2.3A

Current through Register Vol. 56, No. 7, April 1, 2024

Section 13:91-2.3A - Transfer of a juvenile waived pursuant to the provisions of N.J.S.A. 2A:4A-26.1

(a) The Executive Director or designee has the discretion to transfer a juvenile under the age of 21 who has been convicted of a crime and who is serving a custodial sentence in a Commission facility pursuant to the provisions at N.J.S.A. 2A:4A-26.1:

1. Upon receiving the written determination provided for at N.J.A.C. 13:91-3.13 that the hearing officer has approved the transfer of a juvenile; or

2. If a juvenile requests a transfer by signing Form 103, Voluntary Request Form.

(b) Upon reaching the age of 21, a juvenile who has been convicted of a crime and who is serving a custodial sentence in a Commission facility pursuant to the provisions at N.J.S.A. 2A:4A-26.1, shall be transferred to the Department of Corrections, unless:

1. The juvenile has completed Form 104(a), Request of Waived Juvenile to Remain in Commission Custody; and

2. The Form 104(a) request has been approved by the Executive Director or designee.

(c) Upon reaching the age of 25, the juvenile shall be transferred to the Department of Corrections, unless:

1. The juvenile is assigned Custody Level 1, as defined at N.J.A.C. 13:96-1.2, residing in a Residential Community Home, as defined at N.J.A.C. 13:103-1.3, and meeting program expectations and standards described within the Residential Community Home Program Agreement and resident handbook;

2. The juvenile is gainfully employed in the community, absent a public health emergency or other exigent circumstances, as determined at the discretion of the Commission;

3. The juvenile will reach their maximum date, as defined at N.J.A.C. 13:96-1.2, within 24 months;

4. The juvenile has submitted Form 104(b), Request of Waived Juvenile to Remain in Commission Custody; and

5. The Form 104(b) request has been approved by the Executive Director or designee.

(d) If a juvenile residing with the Commission beyond age 25 is removed from the Residential Community Home for disciplinary reasons, they shall be returned to the appropriate Secure Facility, as defined at N.J.A.C. 13:95-1.3. Upon a finding by the Disciplinary Hearing Officer, as designated by N.J.A.C. 13:101-6.1, that the juvenile is guilty of the disciplinary charge, the juvenile shall be transferred to the Department of Corrections pursuant to (c) above as soon as practical.

N.J. Admin. Code § 13:91-2.3A

Adopted by 48 N.J.R. 2162(b), effective 10/17/2016

Administrative Change, 48 N.J.R. 2447(a)

Amended by 55 N.J.R. 1198(a), effective 6/5/2023