The state is responsible for placing juveniles despite an attempt by the Juvenile Justice Commission to force Atlantic County to come up with a plan, a Superior Court judge ruled last week.
Atlantic County’s juvenile justice issues have gotten to the point that county leaders sued the state Juvenile Justice Commission and its executive director, alerting to a civil rights issue that was causing juveniles to await placement well-beyond the federally mandated six hours.
“This issue has reached a crisis level,” Atlantic County Assignment Judge Michael Blee wrote in his ruling.
Instead of offering a solution, the state issued an order Nov. 12, making Atlantic County responsible for placement, and ordering the other county to issue a report on its plans.
But the judge said the statute “could not be clearer in that no other entity, county or agency other than the JJC is the one responsible for such action.”
“Again, Atlantic County is not equipped nor responsible as a matter of a law to make such a determination,” wrote of juvenile detainees’ placement. “That responsibility remains on the JJC, who are trained to supervise detention facilities.”
Blee also pointed to the public interest.
“Due to limited space in juvenile detention centers, law enforcement agencies are often forced to release youth charged with serious crimes on a summons,” he wrote. “This poses a significant risk to public safety, as many of these offenders have been involved in violent or repeat crimes. Yet, this is often the only option because no one is taking responsibility in finding permanent placement once detained.”
He continued: “The alternative is even more troubling. The public’s interest is no better served if the detained juveniles are kept for extended periods in temporary, non-JJC compliant settings only to be sent hours away. Extended stays in such environments lead to heightened stress and trauma.”
The county is happy with the decision, attorney Arthur Murray said.
The remainder of the case will go to the Appellate Division, which is where the state argued everything should go.
It’s still uncertain if the issue will be resolved.
“We won’t know until the first juvenile doesn’t get placed by the JJC,” Murray told BreakingAC.
For it’s part, a JJC spokesperson said they could not comment on “the merits of the decision,” since litigation is ongoing.
“But the JJC is pleased to see that Harborfields is currently operating under its maximum capacity,” the spokesperson told BreakingAC.
