County of Monmouth v. Department of Corrections

In County of Monmouth v. Department of Corrections, 236 N.J. Super. 523, 524, 566 A.2d 543 (App.Div.1989), the County of Monmouth appealed the action of the Department of Corrections (DOC) in maintaining juveniles in county detention centers sentenced to State institutions and refusing the County's demand for immediate transfer of the State-sentenced juveniles to State facilities. In holding the DOC failed to carry out its statutory obligation to promptly place State-sentenced juveniles in State facilities, we found that no statutory or regulatory authority existed for the DOC to "house" youths sentenced to State facilities in county detention centers. Id. at 526, 566 A.2d 543. The Court also pointed out that State-sentenced juveniles present a greater security risk to the county facility, its residents and staff than those whom the court determines may be housed in a county facility for a period not exceeding sixty days pursuant to N.J.S.A. 2A:4A-43c (The Juvenile Detention Commitment Program). Id. at 527, 566 A.2d 543. The Court there also stated: "Statutory and regulatory prohibitions against overcrowding have been continuously violated. The State has effectively shifted its burden to the counties without legislative or executive authority." Id. at 528, 566 A.2d 543.