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Senate hearing spotlights placement, staffing and contracting shortfalls in juvenile detention system

Senate Law and Public Safety Committee · March 20, 2025
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Summary

Witnesses told the Senate Law and Public Safety Committee that placement breakdowns stem largely from contracting (per-diem vs. guaranteed beds) and staffing shortages, not a lack of physical beds; county officials urged legislative fixes, clearer YJC authority and interest-of-justice hearings for youths who age into adulthood in custody.

Chairwoman Greenstein convened a Senate Law and Public Safety Committee hearing to examine county juvenile detention placement challenges and possible legislative responses. Dr. Jennifer LeBaron, executive director of the Youth Justice Commission (YJC), told the committee that the commission's October 2024 facility review reduced statewide "rated" capacity from 520 to 332 beds after accounting for staffing and structural limits, and that on the Monday before the hearing 228 youths occupied those 332 staffed beds (about 69% of staffed capacity).

LeBaron said placement instability most often results from contracting arrangements rather than a shortage of physical beds: counties that purchase guaranteed beds reserve space by paying an annual fee, while counties relying on per-diem contracts (paid only when a bed is occupied) can be refused admission under existing contract terms. She described a series of mitigations the commission has used or proposed, including assisting counties with emergency placement requests, deploying county-facing staff to support data-driven case management, increasing juvenile detention officer (JDO) training from one to three sessions in 2025, and issuing an RFP for two enhanced detention-alternative pilot programs. "Our current statewide rated bed capacity... is 332," LeBaron told the committee.

County officials countered that day-to-day experience feels like a crisis. Mercer County Executive Dan Benson said he had used the commission's emergency placement process multiple times and that per-diem placements can cost his county as much as $900 a day, forcing a projected $2 million increase in this year's youth detention budget. "This is a system that is broken," Benson said, urging the legislature to clarify or reinforce the commission's placement authority after a court decision involving Atlantic County.

Multiple counties and operators pressed two recurring fixes: (1) increase staffing and incentives so existing county beds can be brought back into staffed service, and (2) expand or stabilize guaranteed-bed contracting so receiving counties cannot refuse a paying sending county. Camden County Deputy County Administrator Holly Cass emphasized the difference between a facility's rated capacity and its operational capacity, noting vacancies exceeding 30% among JDO positions and many JDOs in their first year on the job.

Witnesses also tied longer lengths of stay to placement pressure. LeBaron said average length of stay increased from 27 days to about 47 days in recent years, and Atlantic County officials described extreme cases in which complex, multi-defendant violent matters extended detention for months or years. Prosecutor William Reynolds said such complex cases demand time to secure witnesses and coordinate social-service assessments and suggested judicial "decision makers" and procedural changes to reduce unnecessary calendaring delays.

On funding and programmatic responses, LeBaron noted the commission administers more than $20,000,000 in program funding and has helped counties develop alternatives; county witnesses urged using those resources to scale intensive alternatives (day/evening reporting, enhanced supervision) and to reimburse counties fairly for hosting out-of-county youth.

Committee members asked for additional data and follow-up: the commission agreed to provide facility-level capacity and occupancy figures requested by the committee. Senators and county officials flagged a pending legislative agenda including proposals to (a) codify placement roles and clarify YJC authority, (b) create automatic interest-of-justice hearings for detainees who turn 18 to decide transfer to adult facilities, and (c) explore staffing incentives or pension flexibility to recruit JDOs.

The hearing closed with lawmakers asking staff to work with counties, the YJC and stakeholders to craft statutory fixes and short-term operational steps while a larger task force or working group considers long-term system design.