Manual of Standards for Juvenile Detention Commitment Programs
LAW AND PUBLIC SAFETY
Manual of Standards for Juvenile Detention Commitment Programs
New Jersey Register Publication Date: May 2, 2005
Proposed Amendments: N.J.A.C. 13:93-6.2, 11.1, 11.2, and 11.3
Proposed Repeal: N.J.A.C. 13:93-11.5
Authorized By: Executive Board of the Juvenile Justice Commission, by the Honorable Peter C. Harvey, Attorney General and Chair, Markus Green, Attorney General's Designee.
Authority: N.J.S.A. 2A:4A-43c; 18A:7B-5; 52:17B-170e(4), (9) and (15); 52:17B-171a(5); and 52:17B-176a(1), (6), (7) and (9).
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
Proposal Number: PRN 2005-161.
Submit written comments by July 1, 2005 to:
The agency proposal follows:
The New Jersey Code of Juvenile Justice, N.J.S.A. 2A:4A-20 et seq., defines dispositional options available to the Family Court upon an adjudication of delinquency. One of the options is short-term commitment (60 days maximum) of juveniles to county-operated juvenile detention facilities. A detention commitment program is discretionary on the part of a county to operate. However, a county program must be approved by the Commission in accordance with N.J.S.A. 2A:4A-43c.
Currently, seven counties operate programs that have been approved by the Commission. These facilities are located in the following counties: Bergen, Cumberland, Middlesex, Morris, Ocean, Sussex and Warren. In 2002, 699 juveniles were committed to juvenile detention facilities Statewide under the program, compared to 12,765 juveniles admitted to juvenile detention facilities on a predispositional basis. Further, the quality of care and services provided in most of the facilities which are eligible to develop a juvenile detention commitment program exceed the minimum standards currently in effect.
In counties which utilize the commitment program, usually only one or two youth may be on commitment status at any given time. Youth on commitment status must have been adjudicated delinquent, and for the most part, will have similar profiles as the youth on predispositional status. While a wide range of programs are available for both groups of youth, the Commission requires an augmented program for the youth on commitment status in order to satisfy the rehabilitative element of their disposition. The rules at N.J.A.C. 13:93 establish the minimum standards which must be met by all county juvenile detention facilities seeking to establish and operate a juvenile detention commitment program. N.J.A.C. 13:93-4.1 adopts by reference the rules at N.J.A.C. 13:92, Manual of Standards for Juvenile Detention Facilities. N.J.A.C. 13:93-4.1 requires adherence to the requirements of N.J.A.C. 13:92 and 13:93 by those county detention facilities seeking to establish and maintain a juvenile commitment program.
The rules at N.J.A.C. 13:92, Manual of Standards for Juvenile Detention Facilities, are scheduled to expire on April 7, 2005. They are being proposed for readoption with amendments elsewhere in this issue of the New Jersey Register. The Commission is proposing to amend those specific rules in N.J.A.C. 13:93 at this time to conform with the amendments being proposed at N.J.A.C. 13:92-5.3 and 11.3.
N.J.A.C. 13:93-11.1(a) and 11.2(a), (c) and (e) are being amended to add the word "service" between the words "social" and "worker" in order to be consistent with the rule text throughout N.J.A.C. 13:92 and 13:93.
N.J.A.C. 13:93-11.2(b) and (b)1 are being amended to increase the juvenile to social service worker ratio. The amendment will permit social service workers to have a larger caseload. The increased ratio will require social service workers to only perform social service duties on behalf of the juveniles. This amendment will conform to the amendment being proposed at N.J.A.C. 13:92-11.3(b).
N.J.A.C. 13:93-11.3(b) is being amended to delete the requirement that a licensed practical nurse be under the supervision of a registered nurse while conducting a health assessment and screening of a juvenile when he or she is placed in detention. This amendment will conform to the amendment being proposed at N.J.A.C. 13:92-5.3(a)10.
N.J.A.C.13:93-11.5, Recreation, is being repealed. The Commission's rule at N.J.A.C. 13:92-9.2, Recreation, incorporated by reference at N.J.A.C. 13:93-4.1 sets forth requirements relevant to the provision of recreational services.
The Commission is also proposing to amend certain rules at N.J.A.C. 13:93 to replace the word "treatment" with the word "rehabilitation" because in the context of those rules, the term "rehabilitation" is a more appropriate term. When dealing with correctional populations, the word "rehabilitation" refers to the totality of services provided to juveniles that are directed at positively impacting on him or her, while the term "treatment" refers to those medical, dental or mental health services provided by medical or dental professionals or mental health clinicians. Proposed amendments changing the word "treatment" to "rehabilitation" occur at N.J.A.C. 13:93-6.2(b); 11.1(a), (c), (d), (e), (f), (g) and (i); 11.2(d), (e)2 and (f)1; and 11.3(c).
Because the Commission has provided a 60-day comment period on this notice of proposal, this notice is excepted from the rulemaking calendar requirement pursuant to N.J.A.C. 1:30-3.3(a)5.
The proposed amendments will have a positive social impact on juvenile detention facilities, the juveniles in residence at these facilities and the community in general. These rules provide the minimum standards of care and service to juveniles and ensure that only those facilities which provide an acceptable program of rehabilitation and have adequate space will be permitted by the Commission to receive juveniles under the juvenile detention commitment program.
The proposed amendments at N.J.A.C. 13:93-11.2 and 11.3 will provide conformity with the amendments being proposed at N.J.A.C. 13:92-5.3 and 11.3. There will be no social impact from the proposed repeal of N.J.A.C. 13:93-11.5 as the applicable recreation requirements are set forth in N.J.A.C. 13:92-9.2.
It is estimated that in 2002, the total cost to operate juvenile detention commitment programs in the State of New Jersey was $2 million. The proposed amendments and repeal will not cause any further burden on the counties participating in the commitment program. Therefore, little or no economic impact is expected. The rules do not require counties to develop juvenile detention commitment programs or to provide such services in their juvenile detention facilities. The decision to provide this Family Court dispositional option is voluntary on the part of each county. The proposed amendments at N.J.A.C. 13:93-11.2 and 11.3 will not cause an economic burden on the counties because there will be no additional cost for complying with them.
Federal Standards Statement
The proposed amendments and repeal do not exceed existing Federal standards of the Juvenile Justice and Delinquency Prevention Act of 1974, as amended, P.L. 102-586, 42 U.S.C. § 5601, and the Federal regulations at 28 C.F.R. Part 31. Therefore, a Federal standards analysis is not required.
The Juvenile Justice Commission does not anticipate that the proposed amendments will result in the generation or loss of jobs in New Jersey.
Agriculture Industry Impact
The proposed amendments and repeal will have no impact on the agriculture industry in New Jersey.
Regulatory Flexibility Statement
The proposed amendments and repeal do not impose reporting, recordkeeping or other compliance requirements on small businesses, as defined under the Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq. Therefore, a regulatory flexibility analysis is not required. The proposed amendments and repeal impact county-operated facilities and will have no effect on small businesses.
Smart Growth Impact
The Juvenile Justice Commission does not anticipate that the proposed amendments and repeal will have any impact on the achievement of smart growth or the implementation of the State Development and Redevelopment Plan.
Full text of the proposal follows (additions indicated in boldface thus; deletions indicated in brackets [thus]):
13:93-6.2 Program inspection
13:93-11.1 [Treatment] Rehabilitation plan
13:93-11.2 Social services
13:93-11.3 Medical services
13:93-11.5 [Recreation] (Reserved)
Peter C. Harvey
By: Markus Green