New Jersey § 2a:4a-37

§ 2a:4a-37.

a. The Juvenile Justice Commission established pursuant to section 2 of P.L.1995, c. 284 ( C.52:17B-170 ) shall specify the place where a juvenile may be detained; and the Department of Children and Families shall specify where a juvenile may be placed in shelter. b. No juvenile shall be placed in detention or shelter care in any place other than

that specified by the Juvenile Justice Commission or Department of Children and Families as provided in subsection a. c. A juvenile being held for a charge under this act or for a violation of or contempt

in connection with a violation of Title 39 of the Revised Statutes, chapter 7 of Title

12 of the Revised Statutes or N.J.S.2C:33-13 , including a juvenile who has reached the age of 18 years after being charged, shall

not be placed in any prison, jail or lockup nor detained in any police station, except

that if no other facility is reasonably available a juvenile may be held in a police

station in a place other than one designed for the detention of prisoners and apart

from any adult charged with or convicted of a crime for a brief period if such holding

is necessary to allow release to his parent, guardian, other suitable person, or approved

facility. No juvenile shall be placed in a detention facility which has reached its maximum

population capacity, as designated by the Juvenile Justice Commission. d. No juvenile charged with delinquency shall be transferred to an adult county jail

solely by reason of having reached age 18. The following standards shall apply to any juvenile who has been placed on probation

pursuant to section 24 of P.L.1982, c. 77 ( C.2A:4A-43 ) and who violates the conditions of that probation after reaching the age of 18;

who has been placed on parole pursuant to the provisions of the “Parole Act of 1979,”

P. L.1979, c. 441 ( C.30:4-123.45 et seq. ) and who violates the conditions of that parole after reaching the age of 18;or who

is arrested after reaching the age of 18 on a warrant emanating from the commission

of an act of juvenile delinquency: (1) In the case of a person 18 years of age but less than 20 years of age, the court,

upon application by any interested party, shall determine the place of detention,

taking into consideration the age and maturity of the person, whether the placement

of the person in a juvenile detention facility would present a risk to the safety

of juveniles residing at the facility, the likelihood that the person would influence

in a negative manner juveniles incarcerated at the facility, whether the facility

has sufficient space available for juveniles and any other factor the court deems

appropriate. Upon application at any time by the juvenile detention facility administrator or

any other interested party, the court may order that the person be relocated to the

county jail. The denial of an application shall not preclude subsequent applications based on

a change in circumstances or information that was not previously made available to

the court. The determination of the place of detention shall be made in a summary manner; (2) In the case of a person 20 years of age or older, the person shall be incarcerated

in the county jail unless good cause is shown. e. (1) The Juvenile Justice Commission and the Department of Children and Families shall promulgate such rules and regulations from time to time as deemed necessary

to establish minimum physical facility and program standards for juvenile detention

facilities or shelters under their respective supervision. (2) The Juvenile Justice Commission and the Department of Children and Families , in consultation with the appropriate county administrator of the county facility

or shelter, shall assign a maximum population capacity for each juvenile detention

facility or shelter based on minimum standards for these facilities. f. (1) Where either the Juvenile Justice Commission or the Department of Children and Families determines that a juvenile detention facility or shelter under its control or authority

is regularly over the maximum population capacity or is in willful and continuous

disregard of the minimum standards for these facilities or shelters, the commission

or department may restrict new admissions to the facility or shelter. (2) Upon making such determination, the commission or department shall notify the

governing body of the appropriate county of its decision to impose such a restriction,

which notification shall include a written statement specifying the reasons therefor

and corrections to be made. If the commission or department shall determine that no appropriate action has been

initiated by the administrator of the facility or shelter within 60 days following

such notification to correct the violations specified in the notification, it shall

order that such juvenile detention facility or shelter shall immediately cease to

admit juveniles. The county shall be entitled to a hearing where such a restriction is imposed by

the commission or department. (3) Any juvenile detention facility or shelter so restricted shall continue under

such order until such time as the commission or department determines that the violation

specified in the notice has been corrected or that the facility or shelter has initiated

actions which will ensure the correction of said violations. (4) Upon the issuance of an order to cease admissions to a juvenile detention facility

or shelter, the commission or department shall determine whether other juvenile detention

facilities or shelters have adequate room for admitting juveniles and shall assign

the juveniles to the facilities or shelters on the basis of available space; provided

that the department shall not assign the juvenile to a facility or shelter where such

facility or shelter is at the maximum population. A juvenile detention facility or shelter ordered to accept a juvenile shall do so

within five days following the receipt of an order to accept admission of such juvenile. (5) A juvenile detention facility or shelter restricted by an order to cease admissions

shall assume responsibility for the transportation of a juvenile sent to another juvenile

detention facility or shelter so long as the order shall remain in effect. (6) A facility or shelter receiving juveniles pursuant to paragraph (4) of this subsection

shall receive from the sending county a reasonable and appropriate per diem allowance

for each juvenile sent to the facility, such allowance to be used for the custody,

care, maintenance, and any other services normally provided by the county to juveniles

in the facility or shelter and which reflects all county expenditures in maintaining

such juvenile, including a proportionate share of all buildings and grounds costs,

personnel costs, including fringe benefits, administrative costs and all other direct

and indirect costs. (7) The governing body of a county whose juvenile detention facility or shelter has

been prohibited from accepting new admissions, and whose juveniles have been assigned

to other juvenile detention facilities or shelters, shall appropriate an amount to

pay the county receiving such juveniles for all expenses incurred pursuant to paragraph

(6) of this subsection.