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

(a) In accordance with 28 U.S.C. § 1915, Proceedings in forma pauperis, a juvenile may request to bring a civil action in a court of the United States, or an appeal of a judgment in a civil action or proceeding in a court of the United States, without the prepayment of fees. (b) …

(a) Juvenile legal services are available to all juveniles. (b) Based on the availability of space, supervisory staff and the security needs of the secure facility, the Superintendent or designee shall determine those juveniles who may have direct personal access to legal referen…

(a) If a juvenile files an action or proceeding in any court of this State, including an appeal from an administrative decision of the State Parole Board or the Commission, the juvenile may request a waiver of filing fees on the grounds of indigency. Pursuant to N.J.S.A. 30:4-16.…

(a) A monetary judgment awarded to a juvenile as a result of a civil action shall be deposited in the juvenile's secure facility account and, in accordance with N.J.S.A. 30:4-16.4 and applicable Commission rules and procedures, shall be used to satisfy outstanding court-imposed o…

(a) In consultation with the Director of Education, each secure facility Superintendent or designee shall be responsible for establishing and maintaining a law library and for developing internal management procedures for library use and supervision. The procedures shall specify:…

(a) The Commission shall provide photocopies of legal material, as that term is defined in N.J.A.C. 13:95-1.3, to juveniles at the rate of $.10 per page, in accordance with the guidelines and limitations set forth in this subchapter. (b) At a minimum, juveniles may submit legal m…

(a) The Commission shall provide photocopies of legal material at no charge to the indigent juvenile as defined in N.J.A.C. 13:95-1.3, in accordance with the guidelines and limitations in this subchapter. (b) Only legal material which must be photocopied for a legitimate purpose,…

(a) The Commission shall provide photocopies of legal material to non-indigent juveniles in accordance with the guidelines and limitations established in this subchapter. (b) A non-indigent juvenile shall be charged for the cost of all photocopying of legal material as establishe…

(a) The Superintendent or designee shall establish written procedures by which juvenile paralegals and/or professional staff members may place telephone calls to the following individuals or agencies requesting assistance in legal research or preparation of legal documents: 1. Th…

(a) Legal supplies such as paper, envelopes and pens shall be provided in reasonable amounts as needed to all juveniles who request them for legal purposes. All juveniles may be required to justify the need for unusually large amounts of legal supplies. (b) Frequently used legal …

(a) Each Superintendent is responsible for ensuring that juveniles have reasonable access to notary public services. (b) Juveniles shall not be permitted to be notary publics, to perform notary public services or possess notary public equipment, such as a seal or stamp. Notes N.J…

The purpose of this chapter is to establish guidelines for the identification, placement and monitoring of juveniles who are deemed to be at risk for suicide. Notes N.J. Admin. Code § 13:95-16.1

The highest ranking custody supervisor on duty, after consultation with the lead psychologist of the secure facility or other psychologist or psychiatrist, shall determine the items of personal property which a juvenile on special observation status is permitted to possess in the…

(a) A psychiatrist, psychologist, or psychiatric advanced practice nurse employed or retained by the secure facility may recommend that the juvenile be released from special observation status by filling out Form JJC CO-5 Release from Special Observation Status. (b) The recommend…

(a) A custody staff member or other staff person who becomes aware that a juvenile is attempting to commit suicide, or apparently has already committed suicide, shall immediately notify Center Control. (b) Center Control shall advise the custody staff member or other staff person…

A special cutting tool known as a "911 rescue tool" shall be available to a custody staff officer for purposes of cutting down a hanging juvenile. Notes N.J. Admin. Code § 13:95-16.13

(a) Each secure facility shall develop written post orders and management procedures consistent with this subchapter. (b) Such post orders and management procedures shall have as their primary goal the objectives set forth in N.J.A.C. 13:95-16.3(a), while giving due consideration…

(a) The following forms relate to suicide prevention (see also N.J.A.C. 13:95-1.4) : 1. JJC CO-1 Notice of Special Observation Status; 2. JJC CO-2 Notice of Change in Special Observation Status; 3. JJC CO-3 Special Observation Status Monitoring Report; 4. JJC CO-4 Daily Observati…

(a) Primary policy objectives of the Commission are to prevent suicides among the juveniles under its care and to identify and manage juveniles who pose a suicide risk. (b) Any staff person or volunteer who, by reason of experience, education or observation of a juvenile, suspect…

(a) In determining whether to place a juvenile on special observation status or to release a juvenile from special observation status, the factors to be considered include, but are not limited to:1. Mood or attitude; 2. Behavior; 3. Participation in activities; 4. Personal hygien…

(a) The following secure facility staff persons are authorized to order that a juvenile be placed on temporary special observation status: 1. Any physician; 2. Any mental health staff person; 3. The highest ranking custody supervisor on duty; 4. The Superintendent; 5. The Directo…

(a) A psychologist, psychiatrist or psychiatric advanced practice nurse shall interview the juvenile as soon as possible, but in no event later than 24 hours after placement on special observation status and the juvenile shall be interviewed daily thereafter by a psychologist, ps…

Within 48 hours of any scheduled disciplinary hearing before a Disciplinary Hearing Officer, a juvenile on special observation status shall be evaluated by a staff psychologist, psychiatrist or psychiatric advance practice nurse to ascertain the appropriateness of going forward w…

(a) After the initial placement of a juvenile on special observation status, a psychiatrist, psychologist or psychiatric advanced practice nurse may change the type of observation of a juvenile from close observation to constant observation or from constant observation to close o…

(a) The custody staff member on each shift, who is assigned to the special observation status post, shall complete Form JJC CO-3 Special Observation Status Monitoring Report. (b) The completed Form JJC CO-3 shall be submitted to the highest ranking custody supervisor on duty at t…

(a) The purpose of this subchapter is to establish guidelines for: 1. Providing assistance to pregnant juveniles and placement of her newborn; and 2. Providing notification to next of kin in the event of a juvenile's critical illness or death. Notes N.J. Admin. Code § 13:95-17.1 …

(a) The appropriate state child protective services agency shall be notified promptly of the death of any juvenile under the age of 18. (b) If death is confirmed other than in a hospital, the body cannot be moved to a hospital without the approval of the county medical examiner. …

(a) Persons claiming the body of a deceased juvenile must contact the hospital where the juvenile expired or appropriate medical examiner's office where the body was taken in order to obtain the release of the body. (b) The Commission shall not be responsible for the costs of bur…

(a) The Commission shall arrange for the burial or cremation of unclaimed bodies of juveniles. The county medical examiner's office shall be contacted for assistance in such cases. (b) An unclaimed body shall be cremated where it is reasonably believed that it would not violate t…

(a) Prior to the distribution of any money remaining in the account of a deceased juvenile, those funds shall be used to pay:1. Court ordered penalty assessments, restitution and fines; 2. Other revenue obligations or fees; 3. Fees for medical and/or dental treatment; and 4. Fees…

The Superintendent or designee shall be responsible for the development and implementation of written procedures consistent with the requirements of this subchapter and shall incorporate these procedures in the secure facility resident handbook. Notes N.J. Admin. Code § 13:95-17.…

(a) The Commission shall provide a pregnant juvenile with medical and social services, which at a minimum shall include:1. Prenatal medical evaluation and care, including the routine pregnancy tests given to all female juveniles upon admission to the secure facility; 2. Nutrition…

When the pregnant juvenile elects to carry the pregnancy to term, arrangements shall be scheduled in advance for the delivery at an appropriate medical facility. Notes N.J. Admin. Code § 13:95-17.3

(a) The secure facility shall provide the pregnant juvenile with: 1. Suitable maternity clothes; 2. Appropriate housing assignments, as may be recommended by a physician, advanced practice nurse or certified nurse midwife; and 3. Appropriate exercise and reduced work schedules, a…

(a) As soon as possible after the pregnancy is diagnosed, a physician, advanced practice nurse or certified nurse midwife shall provide the pregnant juvenile with appropriate medical care, and the pregnant juvenile shall be given religious and social counseling to aid her in maki…

§ 13:95-17.6 - Reserved Notes N.J. Admin. Code § 13:95-17.6

(a) Unless alternative legal custody arrangements have been made by the juvenile's family or others, temporary custody of an infant born to a pregnant juvenile shall be assumed, or otherwise determined, by the appropriate state child protective services agency, but at no time sha…

(a) In the event of a juvenile's critical illness or death, the juvenile's next of kin shall be notified within 24 hours by the Superintendent or designee of the secure facility that maintains the classification and medical files of the juvenile. (b) "Next of kin" shall be interp…

At the request of a juvenile who is 18 years old or older, an advance directive that complies with N.J.S.A. 26:2H-55 et seq. shall be placed in the juvenile's medical record. Notes N.J. Admin. Code § 13:95-17.9

(a) Juveniles shall be informed of all existing, new or revised rules and procedures regarding the mailing and receipt of correspondence, legal correspondence, publications and packages by posting appropriate notices in each housing area and other areas of the secure facility. (b…

The full name of the secure facility shall be clearly stamped or printed in the upper left corner of all outgoing envelopes from juveniles or juvenile groups. Notes N.J. Admin. Code § 13:95-19.10

(a) The return address on the outside of an envelope should clearly indicate that the correspondence is being sent from a legal correspondent as established in the definition for "legal correspondence" in N.J.A.C. 13:95-1.3. (b) Mail sent from a legal correspondent shall be consi…

(a) Incoming legal correspondence shall be opened in the presence of the juvenile to whom the legal correspondence was sent and may be inspected for contraband only. (b) Incoming legal correspondence shall not be read or copied. The content of the envelope may be removed and shak…

(a) All outgoing legal correspondence shall be clearly marked with the juvenile's name and number on the envelope. (b) A juvenile who is sending legal correspondence out of the secure facility shall be responsible for clearly marking "legal mail" on the front and back of the enve…

(a) The sender's name and address and the juvenile's name and number shall appear legibly on the outside of all incoming publications. (b) Publications without both the juvenile's name and number shall be returned to sender. (c) If the sender's name and address do not appear on t…

(a) Outgoing publications shall be reviewed to determine the sender. (b) The juvenile's name and number or the name of the juvenile group shall appear legibly on the outside of the publication. (c) If both the name and number of the sender do not appear on the outside of the outg…

(a) Each incoming publication shall be opened and inspected for contraband, but shall not be read unless there is reason to believe that the publication contains disapproved content under the provisions of N.J.A.C. 13:95-19.37, and then only upon the prior authorization of the Su…