Possible Move of Juvenile Inmates to Adult Prisons

Posted on October 2, 2009 by Donald Barbati

 

According to an article published in the Trentonian on October 1, 2009, plans are in the works to put New Jersey’s most troublesome juvenile inmates in the custody of the adult prison system. This move, in turn, could potentially take the Juvenile Justice Commission (“JJC”) out of the incarceration business. In connection with this move, sources indicated that some JJC guards and teachers have been transferred back to adult prisons.

The article stated the JJC has stressed rehabilitation over punishment since it was formed in 1995 to take criminal children from the custody of the juvenile wing of New Jersey’s Department of Corrections. Recently, however, many guards in the JJC have complained about being attacked and injured by the increasing number of young gang members.

Under the plan being talked about in the Governor’s office, the JJC will continue to be part of state government, supervising group homes, halfway houses and other programs for keeping convicted juveniles out of prison. According to various sources, up to 80 percent of New Jersey’s juvenile offenders are doing well in the JJC system of not locking up most convicted teenage offenders. The sources also stated the New Jersey Department of Corrections’ Commissioner George Hayman has checked out the Johnstone State Mental Complex Facility in Bordentown to see if it can handle some of the overflow of inmates stemming from the JJC policy change as well as the closure of Riverfront State Prison in Camden.

Please check this blog periodically to ascertain any updates with regard to this new policy. To view the article published by the Trentonian in its entirety, please click on the following link.

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MSB Promotional Examination Decision Upheld

Posted on May 8, 2009 by Donald Barbati

On May 7, 2009, the Appellate Division decided In the Matter of Steven Howe and Joseph Mufalli, Docket No. A-3512-07T1. In the case, Steven Howe appealed from the final administrative determination of the Merit System Board (“Board”), issued December 21, 2007, and its determination of March 13, 2008, denying his motion for reconsideration of the determination that Howe did not meet the experience requirements necessary to sit for the promotional examination for Chief Operating Engineer 2 of the Juvenile Justice Commission.

On appeal, Howe argued that “the administrative agency acted either arbitrarily or capriciously by finding appellant’s prior supervisory experience to be out of title,” whereas only one of the three applicants, Barry Schneider, who did the same work as appellant, was found to qualify for the exam. Howe further argued that the agency acted “arbitrarily and capriciously in its attempt to correct the ambiguous language in the job specification of operating engineer 1 and should have either negated the examination results or should have allowed all three applicants to sit for the exam.” 

After reviewing the entire record, the Appellate Division concluded that it could not disturb the findings of the Board because the Court must defer to the agency’s expertise in implementing civil service law. Although the Court noted the job description for operating engineer 1 is ambiguous regarding supervisory responsibilities and the Board directed that it be amended, the Court determined Howe did not provide evidence that he had supervised while in that position and, therefore, was not qualified to sit for the exam. As such, the Court found the Board did not act arbitrarily, capriciously, or unreasonably in not permitting him to take the examination.

 

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