Victory for the Children’s Justice Clinic

Prof. Meredith L. Schalick has announced that Prof. Sandra Simkins and the Children’s Justice Clinic have succeeded in invalidating a regulation that unconstitutionally denied due process to a client in the Juvenile Justice Commission (JJC).  The regulation had permitted the JJC to transfer a developmentally disabled youth from a juvenile facility to an adult prison shortly after his 18th birthday. While the court recognized that the JJC has the right to transfer youths between juvenile facilities without review, the transfer to an adult prison governed by the Department of Corrections (DOC) will now require:

“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.”  (p. 25)

Full text of the opinion can be found here (via the NJ Judiciary).

Written by CDS.

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