As it struggles with a recent spike in serious crimes committed by juveniles, Atlantic County has gone to court to address what it deems a crisis in the housing of young people charged with criminal offenses.
County officials argue the state Juvenile Justice Commission has ignored its responsibility to manage the statewide housing of juveniles charged with crimes and instead ordered the counties to figure it out.
That has led to overcrowding, riots, juveniles held at police stations in violation of federal and state law, and mental health emergencies, Atlantic County officials say.
The county wants a Superior Court judge to clarify whether the state commission or counties are responsible for placements in detention facilities and ensuring that a bed can be found for each young person held statewide.
Atlantic County officials are hoping for a declaratory judgment affirming that this is the commission’s responsibility.
The Juvenile Justice Commission provides “care, custody, and rehabilitative services to youth committed to the agency by the courts,” according to its website.
All seven county youth detention facilities in New Jersey are owned and operated by the county where they are located. Counties without facilities contract with the facilities to house their juveniles, according to the commission.
When a judge orders that a juvenile be detained on criminal charges until their case is resolved, the young person must be housed in a dedicated juvenile detention facility. Statewide, the total maximum capacity for the facilities is 332.
Atlantic County’s Harborfields juvenile detention facility in Egg Harbor City exceeded its maximum capacity of 20 youths in 2024 and the county has struggled for months to find beds in other youth detention facilities around the state, according to county officials.
The county is currently housing about 15 more in youth detention facilities around the state, but says the precarious situation has resulted in young people chained to benches at police stations for hours as county officials try to find appropriate housing.
Harborfields had 24 people in its facility this year, sparking several overcrowding-related problems, according to court documents filed in the case. The problems included a “riot” at the facility in late August that resulted in injuries to one juvenile and two Juvenile Justice Commission officers. Five outside law enforcement agencies were called in to help respond to the incident.
A second riot occurred days later on Sept. 4, the county said in its filing.
In describing several cases of struggles to find open beds for detained juveniles, the county described a September incident in which a youth was taken to a hospital “for a second time for suicidal ideation after 19 hours in police custody.”
The county argues the situation creates potential civil rights violations and exposes county officials and local police departments to possible litigation if a family decides to sue over how their child is being handled.
In response to the county’s concerns, the Juvenile Justice Commission issued a Nov. 12 order declaring that Atlantic County is regularly over capacity at its facility and restricting any admissions in excess of the 20-person cap. The order required other youth detention facilities — located in Bergen, Camden, Essex, Middlesex, Morris and Ocean — to accept Atlantic County youths when its facility is full.
But, the order left it up to Atlantic County to find which facilities have room to take their detainees.
Superior Court Judge Michael J. Blee, assignment judge for Atlantic and Cape May counties, heard arguments in the case during a Nov. 22 hearing.
“We have a situation where the question becomes who is responsible for the placement and the assignment of juveniles,” Atlantic County Assistant County Counsel Arthur J. Murray stated in court, pointing to existing state statute for the answer. “If one reads the statute, the only entity that actually has the power to do it and the responsibility to do it is the JJC. The JJC does not seem to want to acknowledge that they have that power and they have that responsibility.”
Murray described Zoom calls involving judges, prosecutors and others trying for hours to find beds for juvenile detainees, who cannot by law be placed in police holding cells, but remain held at police stations until accommodations are found.
Under state and federal laws, juveniles cannot be held by police for longer than six hours before they’re either released to a parent or placed in a juvenile detention facility. That six-hour timeframe includes the time it takes to transport a youth to a detention facility, which can take hours if they’re housed out of county.
“No town can put any juvenile in a holding cell because they’re made for adults,” Murray said. “So you have juveniles who are being chained to benches for 6, 8, 10, 12 over 24 hours in this county. That must come to an end, judge. It cannot continue.”
“The overcrowding issue is not going away anytime soon,” Murray said. Atlantic County has seen an increase in juvenile crime in the last few years and a “disproportionate spike” since the start of 2024, according to its suit.
The detainees the county is talking about aren’t juvenile delinquents who vandalized cars or committed some other “youthful indiscretion,” Murray stated.
“They are in fact criminals,” he said. “Between July of 2024 and November of 2024, 97% of the juveniles held by Atlantic County, which range from 30 to 34, are charged with first- or second-degree crimes.”
In a letter to the judge supporting Atlantic County’s case, Hammonton Police Chief Kevin J. Friel, head of the Atlantic County Association of Chiefs of Police, described “numerous instances where officers are forced to hold juveniles for well over six hours while awaiting intake, arguably violating federal law, which prohibits juveniles from being detained at a police station for more than six hours.”
“Dealing with the lack of JJC’s ability to fulfill their obligation places the juvenile in continued stress as most police departments are not equipped to handle juvenile offenders for extended periods,” Friel wrote. “This situation compromises public safety, neglects legal obligations, and disregards the welfare of vulnerable youths.”
The Juvenile Justice Commission has argued that, since it is a state entity, the state Appellate Court is the appropriate venue for the case. Also, the state believes it has, through its Nov. 12 order, taken action to address Atlantic County’s concerns.
The judge hearing arguments Nov. 22 prodded Deputy Attorney General Patrick Jhoo, who represented the Juvenile Justice Commission, to explain who is responsible for juvenile placements in detention facilities.
“Who is going to decide where that youth should be placed?” Blee asked. “Representatives from Atlantic County, as it appears to be ordered, or the JJC?”
“The answer, your honor, is the JJC will review whatever process or proposal that Atlantic makes and either approve it or not,” Jhoo answered.
The judge questioned how one county would know if another county’s facility has room for juvenile or if there are safety risks, such as gang affiliations, that could complicate a placement.
The judge suggested a statewide agency would seem more likely to have that information and be able to make the determination.
Blee said he would issue a ruling by Dec. 20, with his first decision being whether his court is the proper venue for this case.
In a statement, a Juvenile Justice Commission spokesperson said it’s the counties, not the commission, that are responsible for ensuring they have adequate plans to house detained juveniles.
“Whether a county operates a facility or relies on other counties to house their detained youth, it remains the counties’ responsibility to adequately plan for the detention of their youth,” the spokesperson said.
Stories by Matt Gray
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Matt Gray may be reached at mgray@njadvancemedia.com.