Order #10 Whitman.
Plan No. 001 (1993) (hereinafter "the Plan") was submitted to the
Senate and General Assembly on March 22, 1993; and
of the Plan by the Legislature has produced certain comments and
suggestions concerning any immediate or future implementation of
the proposed transfer under the Plan from the Department of Corrections
to the Department of Human Services of the New Jersey Training School
for Boys and the Juvenile Medium Security Center and has also produced
comments and suggestions for joint management of the aforesaid facilities
by the aforesaid Departments, at least for a trial period; and
concur with those comments and suggestions and wish, by this Executive
Order, to set them forth explicitly and to direct that they be pursued
and executed should the Plan become effective.
I, JIM FLORIO, Governor of the State of New Jersey, by virtue of
the authority invested in me by the CONSTITUTION of the STATE do
hereby ORDER and DIRECT that, should the Plan become effective,
the following shall become operational and shall both modify the
Plan and its implementation:
under the Plan from the Department of Corrections to the Department
of Human Services (hereinafter "DOC" and "DHS" respectively) of
the New Jersey Training School for Boys and the Juvenile Medium
Security Center (hereinafter "Jamesburg" and "Bordentown", respectively
and "the facilities" collectively) shall not be implemented unless
and until such a transfer is approved and further directed by
either (1) legislation enacted by the Legislature and signed by
the Governor or (2) a further Executive Order of the Governor
approved by concurrent resolution of both houses of the Legislature
or (3) a further Reorganization Plan submitted to the Legislature
by the Governor and not disapproved by the Legislature.
and until transfer is implemented pursuant to Paragraph 1 hereof,
Jamesburg and Bordentown shall be managed and administered as
shall be responsible for the day to day operation and management
of the facilities and shall, through Corrections Officers and
other DOC personnel, provide security for and at the facilities.
shall continue to administer and provide the educational, remedial
and/or rehabilitative programs which it presently offers inmates
at the facilities. DHS may supplement these programs by administering
and providing other educational, remedial and/or rehabilitative
programs for inmates at the facilities subject to and consistent
with security and facility operational requirements and procedures
established by DOC.
shall have the authority and responsibility to transfer inmates
presenting security or disciplinary problems from the facilities
to other secure juvenile or adult institutions. Aside from such
security or disciplinary problems at the facilities, DHS shall
have the authority and responsibility for the assignment of
inmates to the facilities and/or the reassignment of inmates
from the facilities to other institutions or facilities operated
by the Division of Juvenile Services.
and DHS shall jointly be responsible for planning and overseeing
any capital improvements (including security) at, and rehabilitation
of, the facilities.
connection, I hereby further direct the Commissioners of DOC and
DHS: to formulate and implement a plan for the physical rehabilitation
of Jamesburg and for enhanced security there; and to take forthwith
any and all immediate steps which may be necessary to ensure adequate
security is in place at Jamesburg and to improve inmate living
Commissioners of DOC and DHS shall, by Memorandum or Memoranda
of Understanding, develop and define operating procedures which
will permit implementation of the directives contained in 2(A)(1),
(2) and (3), above.
equipment, capital, personnel (including, without limitation,
administrative and support staff) and other resources necessary
to accomplish the arrangement and directives set forth in paragraph
2, above, shall be allocated between DOC and DHS as the Commissioners
of DOC and DHS shall specify and agree by Memorandum of Understanding.
The three (3) month time period within which employees are to
make a choice of Department pursuant to Paragraph (A)(1)(J) of
the Plan shall not begin to run for any employee remaining with
DOC pursuant to said Memorandum of Understanding unless and until
a transfer of facilities is accomplished pursuant to Paragraph
three (3) months after the expiration of period one (1) year from
and after the effective date of the Plan, the Jamesburg Board
of Trustees and the Advisory Council on Juvenile Justice created
pursuant to the Plan shall, after consultation with the Commissioners
of DOC and DHS, file a joint or several Report with the Legislature
and with the Governor commenting upon and evaluating the operation
of the facilities during the year of management hereunder and
making recommendations for future management of the facilities.
Order shall take effect immediately.
under my hand and seal this
7th day of May in the Year of Our
Lord, One Thousand Nine Hundred and
Ninety Three, and of the Independence
of the United States, the Two Hundred
to the Governor