STATE OF NEW JERSEY IN THE INTEREST OF J.J.
A-2357-11T2
This case required us to determine whether procedural due
process rights must be accorded to an adjudicated juvenile prior
to transfer from a juvenile facility operated by the Juvenile
Justice Commission (JJC) to an adult correctional facility
operated by the Department of Corrections (DOC) pursuant to the
provisions of N.J.S.A. 52:17B-175(e). That statute permits such
transfers of a juvenile "who has reached the age of 16 during
confinement and whose continued presence in the juvenile
facility threatens the public safety, the safety of juvenile
offenders, or the ability of the commission to operate the
program in the manner intended." The State takes the position
that no due process rights of any kind, including notice and an
opportunity to be heard, are required. We disagreed and
reversed.
We concluded that the rehabilitative purposes of the
juvenile justice system combined with the importance of the
decision in terms of the availability of rehabilitative services
to juveniles at issue require due process at least as extensive
as that required for prison discipline. See Avant v. Clifford,
67 N.J. 496, 525 (1975). At a minimum, before a juvenile can be
transferred to custody of the DOC, there must be written notice
of the proposed transfer and the supporting factual basis, an
impartial decision maker, an opportunity to be heard and to
present opposition, some form of representation, and written
findings of fact supporting a decision to proceed with the
transfer.
08-28-12
