N.J.A.C. 13:95 — SECURE FACILITIES (Subchapter 1 to 21)

(a) The purpose of this chapter is to establish a comprehensive regulatory framework governing the operation of secure facilities under the jurisdiction of the Commission, as those terms are defined in N.J.A.C. 13:95-1.3. (b) Among the policies and procedures established by this …

This chapter shall be applicable to Commission secure facilities unless otherwise indicated in this chapter. Notes N.J. Admin. Code § 13:95-1.2 New Rule, R.2006 d.57, effective 2/6/2006. See: 37 N.J.R. 3564(a), 38 N.J.R. 1009(a). Former N.J.A.C. 13:95-1.2, Definitions, recodified…

The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise: "Assistant Superintendent" means the ranking assistant to a Superintendent of a secure facility. "Attorney General" means the Attorney Gener…

(a) The following forms related to secure facilities shall be reproduced by each facility from originals that are made available through the office of the Director of Custody Operations: 1. J156-I Oath of Office; 2. J171-I Seizure of Contraband Report; 3. J171-II Juvenile Receipt…

(a) Records and statements in the possession of the Commission that are covered by the confidentiality provisions of N.J.S.A. 2A:4A-60, 60.2 and 60.3 may be reviewed when necessary and appropriate in the course of classification, program and other reviews necessary and appropriat…

(a) Secure facility satellite units and community programs shall notify the Office of Investigations and the appropriate secure facility when a decision has been made to remove a juvenile from a program. Either the Office of Investigations or the secure facility shall assign esco…

(a) All personal property of a handcuffed juvenile shall be packed in his or her presence to ensure an accurate inventory. (b) In instances where the juvenile's behavior becomes disruptive while his or her personal property is being packed, and the disruption poses a threat to th…

Escorting custody staff personnel and/or custody staff members from the receiving secure facility shall be in the presence of the juvenile during the entire transfer process. Notes N.J. Admin. Code § 13:95-10.3

(a) The following forms are related to protective and temporary close custody (see also N.J.A.C. 13:95-1.4) : 1. J146-I Voluntary-Protective Custody Consent; 2. J146-II Notice of Protective Custody Hearing-Involuntary; 3. J146-III Protective Custody Hearing Adjudication; and 4. J…

(a) With the prior approval of the Superintendent or designee, at any time the shift commander may order that a juvenile be placed in room restriction for control, when necessary to eliminate an immediate and substantial risk of harm to the juvenile, staff, or other juveniles, or…

Notes N.J. Admin. Code § 13:95-11.11 Repealed by R.2013 d.138, effective 12/2/2013. See: 44 N.J.R. 2466(a), 45 N.J.R. 2484(a). Section was "Personal items".

Notes N.J. Admin. Code § 13:95-11.12 Repealed by R.2013 d.138, effective 12/2/2013. See: 44 N.J.R. 2466(a), 45 N.J.R. 2484(a). Section was "Secure facility clothing, bedding and linen".

Notes N.J. Admin. Code § 13:95-11.13 Repealed by R.2013 d.138, effective 12/2/2013. See: 44 N.J.R. 2466(a), 45 N.J.R. 2484(a). Section was "Juvenile legal services".

Notes N.J. Admin. Code § 13:95-11.14 Repealed by R.2013 d.138, effective 12/2/2013. See: 44 N.J.R. 2466(a), 45 N.J.R. 2484(a). Section was "Correspondence visits and telephone calls".

Notes N.J. Admin. Code § 13:95-11.15 Repealed by R.2013 d.138, effective 12/2/2013. See: 44 N.J.R. 2466(a), 45 N.J.R. 2484(a). Section was "Recreation".

Notes N.J. Admin. Code § 13:95-11.16 Repealed by R.2013 d.138, effective 12/2/2013. See: 44 N.J.R. 2466(a), 45 N.J.R. 2484(a). Section was "Education".

Notes N.J. Admin. Code § 13:95-11.17 Repealed by R.2013 d.138, effective 12/2/2013. See: 44 N.J.R. 2466(a), 45 N.J.R. 2484(a). Section was "Visits by professional and correctional supervisory staff".

Notes N.J. Admin. Code § 13:95-11.18 Repealed by R.2013 d.138, effective 12/2/2013. See: 44 N.J.R. 2466(a), 45 N.J.R. 2484(a). Section was "Work opportunities".

Notes N.J. Admin. Code § 13:95-11.19 Repealed by R.2013 d.138, effective 12/2/2013. See: 44 N.J.R. 2466(a), 45 N.J.R. 2484(a). Section was "Psychological examination".

(a) A juvenile may be placed in protective custody by any of the following means: 1. On the recommendation of the Office of Investigations; 2. On the recommendation of a sentencing court or prosecutor, subject to approval of the Superintendent. The recommendation must be accompan…

Notes N.J. Admin. Code § 13:95-11.20 Repealed by R.2013 d.138, effective 12/2/2013. See: 44 N.J.R. 2466(a), 45 N.J.R. 2484(a). Section was "Withdrawal of personal items or activities".

Notes N.J. Admin. Code § 13:95-11.21 Repealed by R.2013 d.138, effective 12/2/2013. See: 44 N.J.R. 2466(a), 45 N.J.R. 2484(a). Section was "Records".

Notes N.J. Admin. Code § 13:95-11.22 Repealed by R.2013 d.138, effective 12/2/2013. See: 44 N.J.R. 2466(a), 45 N.J.R. 2484(a). Section was "Disciplinary action within Protective Custody Units".

Notes N.J. Admin. Code § 13:95-11.23 Administrative change. See: 46 N.J.R. 103(b). Recodified to N.J.A.C. 13:95-11.7. Section was "Transfers; record maintenance".

Notes N.J. Admin. Code § 13:95-11.24 Administrative change. See: 46 N.J.R. 103(b). Recodified to N.J.A.C. 13:95-11.8. Section was "Secure facility procedures".

Notes N.J. Admin. Code § 13:95-11.25 Administrative change. See: 46 N.J.R. 103(b). Recodified to N.J.A.C. 13:95-11.9. Section was "Placement in temporary close custody".

(a) A juvenile under consideration for placement in protective custody shall be given written notice on Form J146-II Notice of Protective Custody Hearing Involuntary as soon as practicable. (b) A juvenile in emergency protective custody shall be given written notice on Form J146-…

(a) The juvenile shall be advised of the opportunity to appeal to the Superintendent or designee at the time that the juvenile is provided with the protective custody hearing decision (Form J146-III Protective Custody Hearing Adjudication). (b) The juvenile shall have five busine…

(a) Each juvenile in protective custody, whether voluntary or involuntary, shall be reviewed at least monthly by the Classification Committee. (b) A juvenile who is placed in protective custody involuntarily shall, in every case, have an in-person hearing once every three months …

(a) A juvenile who has voluntarily signed himself or herself into protective custody may sign himself or herself out upon completion of a Form J146-IV, provided the Classification Committee and the Superintendent or designee are satisfied that there is no known danger to the juve…

All transfers into or out of a Protective Custody Unit shall be entered on the juvenile's classification progress record. Notes N.J. Admin. Code § 13:95-11.7 The following annotations apply to N.J.A.C. 13:95-11.7 prior to its recodification from N.J.A.C. 13:95-11.23 by administra…

(a) Every secure facility shall be responsible for developing written unit internal management procedures and/or post orders consistent with this subchapter. (b) All written post orders and procedures developed in accordance with this subchapter shall be submitted to the Executiv…

(a) A juvenile shall not be placed in temporary close custody for a period in excess of 72 hours unless exceptional circumstances warrant an extension of time. Exceptional circumstances may include, but are not limited to, information received or substantial evidence found. (b) C…

The Superintendent of the secure facility shall designate a staff person to be responsible for orientation of juveniles. Notes N.J. Admin. Code § 13:95-12.1

(a) Juveniles shall be provided an orientation session within one week of admission to a Reception Center, unless compelling security or safety reasons dictate otherwise, or to do so would adversely affect the orderly operations of the secure facility. (b) When assigned or transf…

(a) The Superintendent or designee shall prepare and issue to all juveniles as part of their standard issue a resident handbook, the contents of which shall be used as a guide for orientation sessions.1. Prior to distribution to juveniles, a resident handbook shall be reviewed an…

Staff members from various units within the secure facility may participate in orientation sessions to describe the programs, services and/or activities of their units. Notes N.J. Admin. Code § 13:95-12.4

(a) The Superintendent shall designate a staff person to be responsible for developing, reviewing, revising, printing and issuing the secure facility resident handbook. (b) When deemed necessary, the Director of Operations shall designate staff to be responsible for developing, r…

(a) Each juvenile shall be provided a copy of the resident handbook within two business days of admission to the secure facility unless compelling security or safety reasons dictate otherwise, or to do so would adversely affect the orderly operations of the secure facility. (b) P…

As appropriate, and subject to review and approval by the Director of Operations, unit-specific resident handbooks shall be issued and amended by the Superintendent or designee that explain internal management procedures, provisions, privileges and services specifically related t…

Notes N.J. Admin. Code § 13:95-12.8 Repealed by R.2011 d.202, effective 8/1/2011. See: 43 N.J.R. 158(a), 43 N.J.R. 1889(a). Section was "Review of secure facility and unit-specific resident handbooks".

Notes N.J. Admin. Code § 13:95-12.9 Recodified to N.J.A.C. 13:95-12.7 by R.2011 d.202, effective 8/1/2011. See: 43 N.J.R. 158(a), 43 N.J.R. 1889(a). Section was "Secure facility and unit-specific resident handbook content".

All juveniles residing in a secure facility shall be subject to the applicable standards of resident care set forth in this subchapter. Notes N.J. Admin. Code § 13:95-13.1

The issue and exchange of bedding, linen, and the laundry service shall be handled on the same basis for all juveniles in all housing units. Notes N.J. Admin. Code § 13:95-13.10

(a) Except as provided to the contrary in this section, visit and telephone opportunities for all juveniles are governed by the provisions of N.J.A.C. 13:95-20, Visits and Telephone. (b) Juveniles in room restriction for control, the Behavior Accountability Unit (BAU), protective…

(a) Where physical facilities permit, a juvenile in room restriction for control, the BAU, protective custody, and temporary close custody shall be allowed recreation and exercise outside the room for at least two hours for every eight waking hours, unless to do so would pose an …

(a) Educational programs and services shall be provided for all juveniles, including juveniles with educational disabilities. (b) A member of the educational staff shall be assigned to develop individualized educational programs for approved juveniles who are assigned to room res…

Work opportunities shall be made available to all juveniles to the extent possible in light of security considerations. Notes N.J. Admin. Code § 13:95-13.14

Every juvenile assigned to protective custody shall have a psychological examination every three months, or more frequently whenever it appears that he or she is suffering from an emotional or psychological disorder. Notes N.J. Admin. Code § 13:95-13.15

(a) Whenever, in the judgment of a custody staff member, there is imminent danger that a juvenile will destroy clothing or any item usually permitted the juvenile in the housing unit, or do injury to self, to another person, or to property with such items, a custody staff member …