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

The number of approved correspondents and the amount of correspondence a juvenile may receive or send shall be unlimited. Notes N.J. Admin. Code § 13:95-19.2

(a) All registered, certified, preferential, or special delivery correspondence of a non legal nature shall be processed as regular mail and the mail room staff shall sign to acknowledge receipt of the correspondence. The juvenile shall be required to sign an acknowledgement that…

Juveniles who have insufficient funds to send legal correspondence as certified or registered mail and who are concerned that they have no proof of service where regular mail is employed, shall be advised that under the rules of court, an affidavit of service filed with the clerk…

(a) Properly identified incoming correspondence shall be distributed to juveniles, and outgoing properly identified correspondence shall be forwarded to the post office within one day of receipt in the mail room, excluding weekends, holidays and during emergency incidents. (b) Ju…

(a) Money orders and certified checks shall be the only approved form of money received through the mail which can be accepted by the secure facility for deposit in a juvenile's account. (b) When a juvenile receives money orders or certified checks by mail, the juvenile shall be …

(a) Any correspondence to or from a juvenile may be withheld in the mail room or taken from a juvenile's possession if it falls within one of the following categories: 1. The correspondence contains material which is detrimental to the security and/or order of the secure facility…

(a) Except as established in (b) below, incoming correspondence which is withheld from a juvenile shall be returned to the sender, together with a notice that the material has been found to violate Commission rules governing correspondence. (b) If the correspondence is withheld p…

(a) When correspondence is withheld in the mail room under the provisions of N.J.A.C. 13:95-19.24, the following action shall be taken:1. The staff member who withholds the correspondence must submit a written report, no later than the end of the shift to the shift supervisor ide…

(a) When correspondence is removed from the juvenile's possession under the provisions of N.J.A.C. 13:95-19.24, the following action shall be taken:1. The staff member who removes the correspondence from the juvenile must submit a written report no later than the end of the shift…

(a) When the correspondence has been withheld in the mail room or when correspondence has been removed from the juvenile's possession, the sender or juvenile may appeal the action of the shift supervisor to the Superintendent within 10 calendar days of the date of notice. (b) The…

(a) The secure facility shall provide letter writing materials and shall assume the cost of mailing legal correspondence for indigent juveniles as defined in N.J.A.C. 13:95-1.3. (b) The cost of mailing legal correspondence shall extend only to First Class or standard postage and …

Each secure facility shall establish a limit of stamps that juveniles may possess that is consistent with the maintenance of security and the orderly operation of the secure facility. Notes N.J. Admin. Code § 13:95-19.3

(a) If a non-indigent juvenile has funds in his or her account, the non-indigent juvenile shall be charged for the cost of mailing correspondence. (b) If the non-indigent juvenile has temporarily overdrawn the account or has a balance in the account, but the balance is not suffic…

(a) For indigent juveniles, the secure facility shall provide letter writing materials and shall assume the cost of mailing not more than 12 letters per month so that the indigent juvenile as defined in N.J.A.C. 13:95-1.3 can maintain community ties with family and personal frien…

(a) If a juvenile is unable to read or write, the social worker assigned to the juvenile's housing unit shall, upon request, assist the juvenile in maintaining community ties by: 1. Writing a letter as dictated by the juvenile; and 2. Reading incoming correspondence to the juveni…

(a) If a non-indigent juvenile has funds in his or her account, the non-indigent juvenile shall be charged for the total cost of mailing legal correspondence. (b) If the non-indigent juvenile has temporarily overdrawn his or her account or has a balance in the account, but the ba…

(a) Juveniles shall not be permitted to use interoffice envelopes, which are purchased for use only by State employees. (b) Juveniles using or possessing State interoffice envelopes shall be charged with Violation J608, Possession of anything not authorized for retention or recei…

All secure facilities shall permit incoming publications in a language other than English. Notes N.J. Admin. Code § 13:95-19.35

(a) All properly identified and inspected incoming publications shall be distributed to juveniles within one day of their receipt in the mail room, excluding weekends, holidays and during emergency incidents. (b) All properly identified outgoing publications shall be forwarded to…

(a) Any incoming publication may be withheld in the mail room or taken from a juvenile's possession if it falls within one of the following categories: 1. The publication contains material that is detrimental to the security and/or order of the secure facility because it incites …

(a) Publications which are withheld or removed from a juvenile shall be disposed of in a manner determined by the juvenile and at his or her expense. (b) If the publication is withheld pursuant to N.J.A.C. 13:95-19.37, it shall be turned over to the Office of Investigations for f…

(a) When a publication violates one of the categories cited in N.J.A.C. 13:95-19.37 and is withheld in the mail room, the following action shall be taken: 1. The staff member who withholds the publication must submit a written report, no later than the end of the shift to the shi…

(a) Juveniles in general population shall be permitted to receive hardcover books, paperback books, magazines and other soft cover publications from the publisher or source of sale only. (b) Juveniles shall be permitted to receive newspapers only by subscription mailed directly f…

(a) When a publication violates one of the categories cited in N.J.A.C. 13:95-19.37 and is removed from the juvenile's possession, the following action shall be taken: 1. The staff member who removes the publication from the juvenile must submit a written report, no later than th…

(a) When a publication has been withheld in the mail room or when a publication has been removed from the juvenile's possession, the sender or juvenile may appeal the action of the shift supervisor to the Superintendent within 10 calendar days of the date of the notice. (b) The s…

(a) All properly identified incoming packages shall be distributed to as soon as possible. (b) All properly identified outgoing packages shall be forwarded to the post office within one day of their receipt in the mail room excluding weekends, holidays and during emergency incide…

(a) Whenever a juvenile is transferred from a secure facility to either another facility or program, the juvenile shall be responsible for notifying correspondents of the change of address. (b) For a period not to exceed three months, the secure facility from which the juvenile i…

(a) The secure facility shall obtain a juvenile's forwarding address at or about the time of the juvenile's release on parole or at the expiration of the juvenile's maximum sentence. (b) The juvenile shall be asked whether correspondence, legal correspondence, publications and pa…

(a) When a juvenile is remanded to a county or other facility in which he or she is temporarily detained to await trial for a prior offense or for any other reasons, correspondence, legal correspondence, publications and packages received for the juvenile at the secure facility s…

(a) All incoming correspondence, legal correspondence, publications and packages addressed to a juvenile who has escaped from a secure facility shall be returned to the sender with an indication that the juvenile is no longer in custody. (b) If the incoming mail does not have a r…

(a) Each secure facility Superintendent or designee shall promulgate: 1. Internal management procedures written in accordance with this section that include a written list of items which may be received in a package; and 2. A limit on the number and weight of packages which may b…

All secure facilities shall permit incoming and outgoing correspondence of the juveniles to be in a language other than English. Notes N.J. Admin. Code § 13:95-19.6

(a) Correspondence to juveniles from inmates of adult correctional facilities may be read to ensure that the correspondence does not contain any content prohibited by N.J.A.C. 13:95-19.24. Mail between juveniles may not be read except as provided for N.J.A.C. 13:95-19.8(a). (b) T…

(a) Incoming correspondence shall be opened and inspected for contraband, but it shall not be read unless there is reason to believe that the correspondence contains disapproved content pursuant to N.J.A.C. 13:95-19.24. If there is reason to believe that the correspondence contai…

(a) Outgoing correspondence shall be reviewed to determine the sender. If the sender of the correspondence cannot be identified, the correspondence shall be destroyed. (b) Outgoing mail shall not be opened, read or censored if it is considered legal correspondence, or if it is ad…

(a) Any staff person may recommend that a juvenile be placed in keep separate status. (b) The staff person recommending that a juvenile be placed in keep separate status shall complete the recommendation section of Form J173-I Placement in Keep Separate Status, and submit Form J1…

(a) The Superintendent or designee shall authorize the placement of a juvenile in keep separate status in instances when the Superintendent or designee determines that such placement is warranted for safety of the juvenile, for the maintenance of security or for the orderly opera…

(a) A classification committee shall authorize the transfer of a juvenile in keep separate status to another secure facility when such transfer is determined to be warranted and appropriate. Emergency transfer procedures shall be followed in accordance with N.J.A.C. 13:100. (b) P…

(a) Any staff person may recommend that a juvenile be removed from keep separate status. (b) Any staff person recommending that a juvenile be removed from keep separate status shall complete the removal recommendation section of Form J173-II Removal From Keep Separate Status, and…

(a) The Superintendent may authorize the removal of a juvenile from keep separate status when a review of the factors in the juvenile's case indicates that the keep separate status is no longer appropriate. (b) Whenever a decision is made to remove a juvenile from keep separate s…

(a) The following form relates to visits and telephone. (See also N.J.A.C. 13:95-1.4.): 1. J292-I Request for Attorney-Client Contact Visit. Notes N.J. Admin. Code § 13:95-20.1

(a) The secure facility Superintendent or designee shall be responsible to write a letter of information, in English and translated into Spanish, which provides the pertinent visiting policies with which prospective visitors should be familiar. This letter shall include, but is n…

(a) Adult visitors must have photo identification when visiting a juvenile. (b) One of the following is an acceptable form of visitor identification: 1. A current photo driver's license; 2. A current photo Welfare/Medicaid card; 3. A current employment photo I.D. card; 4. A curre…

(a) The Superintendent shall establish a visiting schedule consistent with the orderly and efficient operation of the secure facility. (b) When the restriction of visiting on scheduled visit days is a hardship to a visitor, arrangements for suitable hours on other days may be mad…

The Superintendent shall establish written regulations as to the maximum number of persons who may visit a juvenile at one time. These regulations shall be interpreted flexibly because their purpose is to prevent overcrowding in the visiting room or unusual difficulty in supervis…

All secure facility staff members shall treat visitors in a professional, dignified, courteous and respectful manner. Notes N.J. Admin. Code § 13:95-20.14

(a) Signs written in English and Spanish shall be posted in both the visiting area and visiting entrances stating that, as a condition of visitation, all visitors, their belongings and vehicles are subject to search while on the premises of a secure facility. (b) All visitors ent…