N.J. Admin. Code § 13:94-1.3

Current through Register Vol. 56, No. 24, December 18, 2024

Section 13:94-1.3 - Legal requirements

(a) The detention of a juvenile in a facility is subject to the requirements of:

1. This chapter;

2. The JJDP Act;

3. The New Jersey Code of Juvenile Justice, N.J.S.A. 2A:4A-20 et seq.;

4. All other applicable laws, regulations and other authorities related to the confinement of juveniles, including, but not limited to, requirements addressing the deinstitutionalization of status offenders and non-offenders, sight and sound separation of juveniles and adults and timely removal of juveniles from adult secure facilities;

5. All applicable public health, safety, construction, building, fire and other codes, laws and regulations promulgated either by the State of New Jersey or by the county, township or municipality in which the facility is located; and

6. The Prison Rape Elimination Act of 2003, 42 U.S.C. §§ 15601 et seq.

(b) Should there be at any time a conflict between a provision of this chapter and a provision of the JJDP Act or of any other law or authority, the provision most protective of a juvenile shall govern.

N.J. Admin. Code § 13:94-1.3

Amended by R.2011 d.201, effective 8/1/2011.
See: 43 N.J.R. 155(a), 43 N.J.R. 1888(a).
In (a)4, deleted a comma following "adults", and deleted "and" from the end; in (a)5, substituted "; and" for a period at the end; and added (a)6.