General Provisions, County Youth Services Commissions, & State/Community Partnership Grant Program
LAW AND PUBLIC SAFETY
General Provisions, County Youth Services Commissions, & State/Community
Proposed Readoption with Amendments: N.J.A.C. 13:90
Authorized By: Executive Board of the Juvenile Justice Commission, by the Honorable David Samson, Attorney General and Chair, Lori E. Grifa, Attorney General's Designee.
Authority: N.J.S.A. 52:17B-169, 52:17B-170, 52:17B-171, 52:17B-179 and 52:17B-180.
Calendar Reference: See Summary below for explanation of exception to calendar requirements.
Proposal Number: PRN 2002 - 303.
Submit written comments by October 18, 2002 to:
Howard L. Beyer
The agency proposal follows:
The Juvenile Justice Commission is proposing to readopt the rules at N.J.A.C. 13:90 with amendments. These rules outline the organizational structure of the Juvenile Justice Commission, the procedures counties must utilize to establish county youth services commissions, and the planning and allocation process for the State/Community Partnership Grant Program. The rules at N.J.A.C. 13:90 were originally adopted and became effective on July 21, 1997 (see 29 N.J.R. 317(a) and 3261(b)). The rules at N.J.A.C. 13:90 are scheduled to expire on January 17, 2003, pursuant to N.J.S.A. 52:14b-5.1c. The Juvenile Justice Commission has reviewed these rules and has determined them to be necessary, reasonable, understandable and proper for the purpose for which they were originally promulgated.
Since the original adoption of the rules at N.J.A.C. 13:90, county youth services commissions have been established throughout the State of New Jersey. Significant efforts at both the State and county levels have produced significant strides in the development of partnerships between the State Juvenile Justice Commission and the counties youth services commissions. These partnerships have benefitted the public, juveniles and the juvenile justice system. In partnership with the Juvenile Justice Commission, the county youth services commissions individually and collectively have substantially expanded programs, services and sanctions available to the juvenile population targeted by the State Community Partnership Grant Program which includes the Family Court Services Grant Program. The knowledge gained through the experience of implementing the Partnership program has led the Juvenile Justice Commission to conclude that amendments to the existing rules at N.J.A.C. 13:90 are in order to continue to refine the work of the Commission, the county youth services commissions and the Partnership Program. The Commission has further determined that technical and grammatical amendments and substantive amendments as more fully described below are appropriate at this time.
The subchapters are described as follows:
Subchapter 1 sets forth the general provisions and definitions for the chapter. N.J.A.C. 13:90-1.1 sets forth the purpose of the chapter. N.J.A.C. 13:90-1.2 outlines the organizational structure of the Juvenile Justice Commission. N.J.A.C. 13:90-1.3 explains the role of the Executive Board of the Juvenile Justice Commission. N.J.A.C. 13:90-1.4 defines the role of the Advisory Council of the Juvenile Justice Commission. N.J.A.C. 13:90-1.5 outlines the role of the Executive Director of the Juvenile Justice Commission. N.J.A.C. 13:90-1.6 sets forth the definitions of words and terms used in the chapter.
Subchapter 2 provides the guidelines for membership and the responsibilities of county youth services commissions. N.J.A.C. 13:90-2.1 defines the purpose of county youth services commissions. N.J.A.C. 13:90-2.2 presents the scope of the subchapter relevant to the organizational requirements for county youth services commissions, their duties and responsibilities. N.J.A.C. 13:90-2.3 requires each county to create a youth services commission to identify, plan and oversee the implementation of community-based sanctions and services for juveniles within the county that are charged or adjudged as delinquent and to establish delinquency prevention programs. N.J.A.C. 13:90-2.3 also provides guidance relevant to options counties may exercise in establishing their commissions; requires each county commission to submit planning documents for Commission approval in order to receive funding through the Partnership Program; and requires each county to designate adequate staff or organization to administer the duties and responsibilities of the commission as set forth in the chapter. N.J.A.C.13:90-2.4 provides requirements and guidance relevant to the composition of the commission's membership for the purpose of ensuring that members of the commission are knowledgeable about and experienced with the juvenile population targeted by the Partnership Program and the needs of this population within the county. N.J.A.C. 13:90-2.5 requires that each commission establish and submit to the Commission for approval, bylaws for the commission to ensure compliance with the rules at N.J.A.C. 13:90 and applicable State statutes. N.J.A.C. 13:90-2.6 sets forth requirements for electing commission chairpersons who are knowledgeable about and experienced with the juvenile population targeted by the Partnership Program and the needs of this population within the county. N.J.A.C. 13:90-2.6 also sets forth requirements for commissions to establish standing committees within their organizational structure to ensure that issues to be targeted through the Partnership Program relevant to the identified juvenile population are considered by the commission. N.J.A.C. 13:90-2.7 sets forth meeting requirements for the purpose of ensuring that the commission and its committees convene regularly to perform their duties and responsibilities. N.J.A.C.13:90-2.8 requires that each commission prepare and adopt a conflict of interest policy to ensure that its members perform their duties and responsibilities in accordance with applicable laws. N.J.A.C.13:90-2.9 sets forth the duties and responsibilities of the county commission.
Subchapter 3 addresses the criteria, procedures and requirements for the participation in the Partnership Program. N.J.A.C. 13:90-3.1 and 3.2 define the purpose and scope of the State/Community Partnership Grant Program. The subchapter sets forth the rules necessary to implement the Partnership Program thereby allowing counties and their youth services commissions to apply for and receive funding to implement plans for services and sanctions for juveniles within the county that are charged or adjudged as delinquent and to establish delinquency prevention programs. N.J.A.C. 13:90-3.3 defines terms used in the subchapter. N.J.A.C.13:90-3.4 provides the purpose and goal of the State/Community Partnership Program and requires the establishment of county youth services commissions or other bodies as specified in the rules by counties wishing to participate in the Partnership Program (thereby receiving funding to establish services and sanctions). N.J.A.C. 13:90-3.5 sets forth rules regarding the allocation of Partnership funds; requires counties to seek support from all available Federal, State and local sources to supplement their Partnership funding; and establishes a formula upon which the Commission shall allocate Partnership funding to counties. N.J.A.C. 13:90-3.6 also sets forth rules requiring commissions to engage in a planning process utilizing categories of juvenile services and sanctions that foster attainment of the goals of the State Community Partnership Program as established by N.J.S.A 52:17B-179. In addition, N.J.A.C. 13:90-3.6 sets forth the application requirements to be followed by counties to establish programs. The application process requires counties to submit periodic comprehensive plans and regular updates of those plans to the Commission for approval. The requirements for the planning process and documentation are specified at N.J.A.C. 13:90-3.6. Further, N.J.A.C.13:90-3.6 requires the Executive Director of the Juvenile Justice Commission to review and as appropriate, in accordance with the rules of the chapter, approve the county's plan. N.J.A.C. 13:90-3.7 sets forth that no cash or in-kind match by a county is required to receive Partnership funding. N.J.A.C. 13:90-3.8, 3.9 and 3.10 establish requirements for disbursement of Partnership funding to counties, contracting requirements and the management of the funds. N.J.A.C.13:90-3.11 requires commissions to monitor and evaluate those programs of services and sanctions funded through the Partnership Program to determine the effectiveness of the programs in meeting their goals and to ensure financial accountability.
The amendments proposed are described as follows:
N.J.A.C.13:90-1.2(c) and 3.1 are being amended to correct typographical errors in
N.J.A.C. 13:90-1.5(b)1 is being amended to correct a spelling error in the current
The proposed amendment at N.J.A.C. 13:90-2.4 adds a new first sentence to subsection (b) which will provide clarity as to the type of experience and background commission members should have that will be helpful when considering matters related to juvenile justice and the work of the county commission. County commissions are charged with the responsibility of identifying, planning and overseeing the implementation of community-based sanctions and services for juveniles charged or adjudged as delinquent, and delinquency prevention programs. Effective planning appropriate to the needs of the targeted juvenile population within the county, awareness of the goals of the Partnership Program and the duties and responsibilities of the commission will be enhanced if members have a working knowledge of its county's youths, existing services and sanctions and the programmatic gaps requiring the attention of the commission.
N.J.A.C. 13:90-2.4(b)1 is being amended to include that the Superior Court Family
Part Judge who hears delinquency matters in the county may be designated to the county commission by the
Presiding Judge of the Family Part of the Superior Court as his or her designee.
N.J.A.C. 13:90-2.4(c) is being amended for grammatical purposes. Subsection (c) is also being amended to specify the designation of a Family Court Judge as a member of the county Youth Services Commission as provided by N.J.A.C.13:90-2.4(b)1.
N.J.A.C. 13:90-2.4(e) is being amended to change the word "may" to "shall" in order to require rather than recommend that a Juvenile Justice Commission Court Liaison be an ex-officio member of the county commission. These Commission staff members are the liaisons between the Commission and the county commissions. Court Liaisons play a significant role in explaining Commission policy relevant to the State Community Partnership Grant Program and ensuring that the work of county commissions complies with Commission regulatory requirements. As an ex-officio member, the Court Liaison has no voting privileges. The amended text continues to recommend ex-officio membership by representatives of the divisions of the Department of Human Services and representatives from the Departments of Labor, Education, Health and Senior Services and Community Affairs.
N.J.A.C. 13:90-2.4(f) is being amended to expand the voting membership of the county
commission to afford all non ex-officio members an opportunity to vote on matters before its commission.
N.J.A.C. 13:90-2.7(a) is being amended. In order to ensure that the work of each commission is completed, the proposed amendment will allow the chairperson to schedule additional meetings as necessary in excess of the nine now annually required.
N.J.A.C. 13:90-2.9(a)20 is being added as a new provision to encourage the involvement of youth and families in the work of the commission as it plans services, sanctions and develops programs for juveniles in the county.
N.J.A.C. 13:90-3.2 is being amended for grammatical reasons.
N.J.A.C. 13:90-3.6(a) is being revised to allow commissions a greater latitude in prioritizing the needs of juveniles and the juvenile justice system in the county. The Juvenile Justice Commission will determine Statewide categories for Partnership Program funding. When developing plans for juveniles served through the Partnership Program, county commissions will now be able to prioritize those categories based upon the individualized needs of their county. The proposed amendment will allow commissions greater flexibility and individuality in the planning process.
N.J.A.C. 13:90-3.6(a)3 is being amended to add the words "justice system" in order to provide clarity to the text and to distinguish juvenile justice institutions and facilities from other institutions and facilities serving this age group.
N.J.A.C. 13:90-3.7 is being amended to clarify that neither a cash nor an in-kind funding match by the county is required to receive Partnership funding.
N.J.A.C. 13:90-3.10(a) is being amended to add the word "all" before
"Partnership funds" to the rule text. The addition of the word "all" will clarify the
requirement that commissions are expected to account for the totality of the funds received from the
The rules proposed for readoption have had a positive social impact on counties and local communities in that they support the juvenile justice reform initiative which is designed to protect the public, ensure accountability and foster rehabilitation of juvenile offenders. The proposed amendments are based upon the experience gained by the Commission and the county commissions since the rules were originally promulgated. The adoption of the proposed amendments will further enhance the implementation of the State/Community Partnership Program.
The rules proposed for readoption establish the requirements for the application, allocation, disbursement, monitoring and evaluation of State financial support. This funding has helped to implement community-based delinquency prevention programs and sanctions and services for juveniles adjudicated or charged as delinquent. As such, the rules have had a positive economic impact on the ability of counties to address issues that relate to the delivery of services and sanctions to juveniles. The Commission does not anticipate that the rules proposed for readoption with amendments will have an economic impact on the Commission or any other department or agency of State government.
Federal Standards Statement
A Federal standards analysis is not required because the rules proposed for readoption and the proposed amendments do not pertain to any program established under Federal law or under a State statute that incorporates or refers to Federal law, standards or requirements.
The rules proposed for readoption and the proposed amendments relate to the organization of the Juvenile Justice Commission and the county youth services commissions, and the administration of the State/Community Partnership Grant Program. The Juvenile Justice Commission does not anticipate that any jobs will be generated or lost if the rules proposed for readoption and the proposed amendments are adopted.
Agriculture Industry Impact
The Juvenile Justice Commission does not expect any agriculture industry impact from the rules proposed for readoption and the proposed amendments.
Regulatory Flexibility Statement
The rules proposed for readoption and the proposed amendments impose no reporting, recordkeeping or other compliance requirements on small businesses as the term is defined by the Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq. The rules relate to the organization of the Juvenile Justice Commission and the county youth services commissions, and the administration of the State/Community Partnership grant Program. Therefore, a regulatory flexibility analysis is not required.
Smart Growth Impact
The rules proposed for readoption and the proposed amendments will have no impact on the achievement of smart growth and implementation of the State Development and Redevelopment Plan.
Full text of the proposed readoption may be found in the New Jersey Administrative Code at N.J.A.C. 13:90.
Full text of the proposed amendments follows (additions indicated in boldface thus; deletions indicated in brackets [thus]):
13:90-1.4 Advisory Council
13:90-1.5 Executive Director
SUBCHAPTER 2. COUNTY YOUTH SERVICES COMMISSION
13:90-2.6 Chairpersons and committees
13:90-2.9 Duties and responsibilities
SUBCHAPTER 3. STATE/COMMUNITY PARTNERSHIP GRANT PROGRAM
13:90-3.6 Application and planning process
13:90-3.7 County match
13:90-3.10 Funds management
Lori E. Grifa