June 17, 2014

06/05/14 STATE OF NEW JERSEY IN THE INTEREST OF Y.C. A-1030-13T2


06/05/14 STATE OF NEW JERSEY IN THE INTEREST OF Y.C.
A-1030-13T2
       We   held that the  Juvenile  Justice Commission's "interim policy" on transferring juveniles to adult prisons was invalid, because it was not adopted in compliance with the Administrative Procedures Act. We also found that the agency's action in transferring Y.C. was contrary to State ex rel. J.J., 427 N.J. Super. 541 (App. Div. 2012), which invalidated the JJC's transfer regulations and indicated that the     agency must adopt new regulations before transferring a juvenile to an adult prison. We ordered that Y.C. be given a new transfer hearing, to be conducted by the Office of Administrative Law, and ordered the JJC to adopt new regulations within 180 days.

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