The Juvenile Justice Commission (Commission) readopted rules at N.J.A.C. 13:94 in their entirety with amendments at N.J.A.C. 13:94-1 and 2, concerning the detention of juveniles in municipal and other adult facilities. The Juvenile Justice Commission is the New Jersey agency responsible for planning, policy development, and provision of services in the juvenile justice system.
Amendments to the rules include the following:
- The definitions of “adult facility,” “detain,” and “JJDP Act” at N.J.A.C. 13:94-1.2 to align with changes made to the Juvenile Justice and Delinquency Act (JJDA) as amended through the Juvenile Justice Reform Act, including adding a court holding facility to the definition of “adult facility,” adding that “confine” means the same as the term “detain,” and revising the definition of that term to indicate that it includes circumstances in which one is not free to leave. The definition of “juvenile” includes one who has reached the age 18 and is being detained in connection with a charge of delinquency. The definition of “non-offender” is changed to indicate that it includes both a juvenile not charged with an act of delinquency and a juvenile detained protectively. Amendments include the removal of violations of sight and sound separation restrictions and supervision requirements from the definition of “secure custody,” and remove being detained protectively from the definition of “status offender.”
- Language addressing the Commission’s monitoring authority at N.J.A.C. 13:94-1.4(b) to include suicide-resistant properties of a secure holding room as a physical design factor, and supervision of juveniles.
- Addresses operational requirements, including sight and sound separation (N.J.A.C. 13:94-2.1).
- Limitations on holding juveniles in custody. Simplifies the language regarding the six-hour limitation on detaining juveniles. (N.J.A.C. 13:94-2.2).
- Notification to a parent or guardian (N.J.A.C. 13:94-2.3).
- Exceptions for extraordinary circumstances (N.J.A.C. 13:94-2.4).
- Juvenile supervision. Addresses supervision of juveniles to more concisely distinguish when continuous face-to-face supervision and 15-minute visual checks are required. (N.J.A.C. 13:94-2.5).
- Admission and secure custody logs. Language amended to clarify the information to be documented when juveniles are detained (N.J.A.C. 13:94-2.6).
- Inspection, review of construction plans, and enforcement by the Commission. Adds that relocation of facilities also requires submission of plans to, and approval by, the Commission (N.J.A.C. 13:94-2.7).
- Other minor technical changes.
The Commission’s adopted amendments are effective as of August 18, 2025. We encourage you to review these rules with your municipal professionals.
Contact: Sadayah Q. DuRant-Brown, Legislative Counsel, sdurantbrown@njlm.org, 609-695-3481, ext. 137.