State of New Jersey
Executive Order #93

Governor James J. Florio

See Executive Order #10 Whitman.

WHEREAS, Reorganization Plan No. 001 (1993) (hereinafter "the Plan") was submitted to the Senate and General Assembly on March 22, 1993; and

WHEREAS, review of the Plan by the Legislature has produced certain comments and suggestions concerning any immediate or future implementation of the proposed transfer under the Plan from the Department of Corrections to the Department of Human Services of the New Jersey Training School for Boys and the Juvenile Medium Security Center and has also produced comments and suggestions for joint management of the aforesaid facilities by the aforesaid Departments, at least for a trial period; and

WHEREAS, I concur with those comments and suggestions and wish, by this Executive Order, to set them forth explicitly and to direct that they be pursued and executed should the Plan become effective.

NOW THEREFORE, I, JIM FLORIO, Governor of the State of New Jersey, by virtue of the authority invested in me by the CONSTITUTION of the STATE do hereby ORDER and DIRECT that, should the Plan become effective, the following shall become operational and shall both modify the Plan and its implementation:

1. Transfer under the Plan from the Department of Corrections to the Department of Human Services (hereinafter "DOC" and "DHS" respectively) of the New Jersey Training School for Boys and the Juvenile Medium Security Center (hereinafter "Jamesburg" and "Bordentown", respectively and "the facilities" collectively) shall not be implemented unless and until such a transfer is approved and further directed by either (1) legislation enacted by the Legislature and signed by the Governor or (2) a further Executive Order of the Governor approved by concurrent resolution of both houses of the Legislature or (3) a further Reorganization Plan submitted to the Legislature by the Governor and not disapproved by the Legislature.

2.(A) Unless and until transfer is implemented pursuant to Paragraph 1 hereof, Jamesburg and Bordentown shall be managed and administered as follows:

(1) DOC shall be responsible for the day to day operation and management of the facilities and shall, through Corrections Officers and other DOC personnel, provide security for and at the facilities.

(2) DOC shall continue to administer and provide the educational, remedial and/or rehabilitative programs which it presently offers inmates at the facilities. DHS may supplement these programs by administering and providing other educational, remedial and/or rehabilitative programs for inmates at the facilities subject to and consistent with security and facility operational requirements and procedures established by DOC.

(3) DOC shall have the authority and responsibility to transfer inmates presenting security or disciplinary problems from the facilities to other secure juvenile or adult institutions. Aside from such security or disciplinary problems at the facilities, DHS shall have the authority and responsibility for the assignment of inmates to the facilities and/or the reassignment of inmates from the facilities to other institutions or facilities operated by the Division of Juvenile Services.

(4) DOC and DHS shall jointly be responsible for planning and overseeing any capital improvements (including security) at, and rehabilitation of, the facilities.

In this connection, I hereby further direct the Commissioners of DOC and DHS: to formulate and implement a plan for the physical rehabilitation of Jamesburg and for enhanced security there; and to take forthwith any and all immediate steps which may be necessary to ensure adequate security is in place at Jamesburg and to improve inmate living conditions.

(B) The Commissioners of DOC and DHS shall, by Memorandum or Memoranda of Understanding, develop and define operating procedures which will permit implementation of the directives contained in 2(A)(1), (2) and (3), above.

3. Furnishings, equipment, capital, personnel (including, without limitation, administrative and support staff) and other resources necessary to accomplish the arrangement and directives set forth in paragraph 2, above, shall be allocated between DOC and DHS as the Commissioners of DOC and DHS shall specify and agree by Memorandum of Understanding. The three (3) month time period within which employees are to make a choice of Department pursuant to Paragraph (A)(1)(J) of the Plan shall not begin to run for any employee remaining with DOC pursuant to said Memorandum of Understanding unless and until a transfer of facilities is accomplished pursuant to Paragraph 1 hereof.

4. Within three (3) months after the expiration of period one (1) year from and after the effective date of the Plan, the Jamesburg Board of Trustees and the Advisory Council on Juvenile Justice created pursuant to the Plan shall, after consultation with the Commissioners of DOC and DHS, file a joint or several Report with the Legislature and with the Governor commenting upon and evaluating the operation of the facilities during the year of management hereunder and making recommendations for future management of the facilities.

5. This Order shall take effect immediately.

GIVEN, under my hand and seal this
7th day of May in the Year of Our
Lord, One Thousand Nine Hundred and
Ninety Three, and of the Independence
of the United States, the Two Hundred
and Seventeenth.

/s/ Jim Florio


Chief Counsel to the Governor