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

All juveniles shall be subject to search such as, but not limited to, a scanning/testing device, canine, passive canine and/or pat search before a visit, and a scanning/testing device, canine, passive canine, pat search and/or strip search after a visit, in accordance with proced…

(a) Visits shall be supervised to help prevent the passage of contraband and to insure the security and orderly operation of the secure facility. (b) The staff member in charge of the visiting room shall be responsible for ensuring that all visits are conducted in a quiet, orderl…

If a secure facility provides play areas for children of visitors, signs shall be posted in both English and Spanish stating that children who use the area must be supervised by the parents or a relative and that the area and equipment are used at their own risk. Notes N.J. Admin…

No cash, checks, money orders or other form of money, currency or payment may be brought into a secure facility by a visitor for a juvenile; any items brought into a secure facility in violation of this section will be treated as contraband under the provisions of N.J.A.C. 13:95-…

(a) During the admission orientation program, juveniles shall be given a description and explanation of the rules and procedures regarding visits, bedside, private viewing and funeral visits, and telephone calls. (b) Juveniles shall be informed of new or revised rules and procedu…

(a) A juvenile's visiting privileges shall not be denied because of a violation of secure facility regulations, other than those regulations specifically related to or concerned with visiting privileges. (b) A visit may be denied, terminated or suspended and a visiting privilege …

A juvenile may request the reinstatement of contact visit privileges that were terminated after 120 days from the date the sanction was imposed. On or after that date, the juvenile may forward a written request for reinstatement of contact visit privileges to the Superintendent o…

(a) The Director of Operations may suspend visits to juveniles, including visits to juveniles by attorneys and attorney representatives, for the duration of any emergency that threatens the safe, secure and orderly operation of the secure facility. (b) Information concerning any …

(a) Subject to the provisions of N.J.A.C. 13:95-20.25, the Superintendent may authorize and permit the attendance of a juvenile at the bedside of a dying relative, or at a private viewing of a deceased relative, as relative is defined in N.J.A.C. 13:95-1.3, when no relatives or f…

(a) The burden is on the juvenile to prove that the ill or deceased person is a relative as defined in N.J.A.C. 13:95-1.3 and this subchapter (see N.J.A.C. 13:95-20.4). (b) The Superintendent or designee shall verify the illness or death of the relative. Notes N.J. Admin. Code § …

(a) The secure facility Superintendent or designee shall determine whether a juvenile is eligible to go on a bedside, private viewing, and/or funeral visit, subject to the following restrictions:1. The juvenile shall not be permitted to go on a bedside, private viewing, or funera…

During the bedside private viewing or funeral visit, the juvenile shall at all times be in the custody of one or more custody staff members. Notes N.J. Admin. Code § 13:95-20.26

All court orders for bedside, private viewing, or funeral visits shall be referred immediately to the Office of the Executive Director for visit authorization. Notes N.J. Admin. Code § 13:95-20.27

(a) The juvenile or the juvenile's family shall reimburse the secure facility for all travel and other necessary expenses. (b) No juvenile shall be denied approval for a bedside, private viewing, or funeral visit solely because of the inability of the juvenile and his or her fami…

All bedside, private viewing, and funeral visits shall be noted in the Superintendent's monthly report. Notes N.J. Admin. Code § 13:95-20.29

Upon admission, a juvenile shall submit to the Superintendent or designee a list of names and addresses of potential visitors. Notes N.J. Admin. Code § 13:95-20.3 Amended by R.2011 d.202, effective 8/1/2011. See: 43 N.J.R. 158(a), 43 N.J.R. 1889(a). Deleted ", and may designate u…

(a) Each secure facility shall develop and implement written procedures which provide juveniles with reasonable and equitable access to public telephones. These procedures shall specify:1. The hours of telephone availability; 2. The maximum length of telephone calls; and 3. Any l…

All juvenile telephone calls may be monitored and recorded except calls to the Office of Investigations and legal telephone calls which are made in accordance with N.J.A.C. 13:95-20.34. Notes N.J. Admin. Code § 13:95-20.31

Outgoing telephone calls made by juveniles shall be collect calls with the exception of telephone calls between incarcerated relatives which shall be handled in accordance with N.J.A.C. 13:95-20.35. Notes N.J. Admin. Code § 13:95-20.32

(a) A juvenile shall be permitted to make monitored telephone calls of reasonable length, as determined by the monitor, in emergencies such as, but not limited to: 1. The serious illness of a relative; 2. The death of a relative; or 3. An impending disaster related to the juvenil…

(a) The Superintendent of the secure facility shall establish written rules and regulations by which legal telephone calls may be made by: 1. Juveniles; 2. Juvenile paralegals; and 3. Professional staff. (b) Legal telephone calls may be made to the following individuals or agenci…

(a) Telephone calls shall be permitted between incarcerated relatives provided that: 1. The relative relationship has been substantiated through documentation found in the classification folder or other appropriate resources; 2. The telephone calls have been approved by the Class…

(a) Secure facilities are not obligated to provide direct telephone lines to juvenile groups or organizations. (b) Authorized juvenile groups and organizations may be permitted to make telephone calls to achieve approved objectives of that group in accordance with written policie…

Access to telephones by juveniles in protective and temporary close custody shall be governed by N.J.A.C. 13:95-11, Protective and Temporary Close Custody. Notes N.J. Admin. Code § 13:95-20.37

(a) The secure facility Superintendent or designee may approve the following persons to visit a juvenile: 1. Relatives (see N.J.A.C. 13:95-1.3). For the purpose of this subchapter, "relative" shall also include grandparents, cousins and aunts and uncles; 2. Close friends; 3. Cler…

(a) Employees of the Commission who have relatives incarcerated in facilities under the jurisdiction of the Commission shall be permitted to visit such relatives provided the Superintendent is satisfied that there is no threat to the orderly operation of the secure facility. (b) …

(a) Special visits may be authorized by the secure facility Superintendent or designee. Special visits include visits:1. From persons who have come long distances; 2. To hospitalized juveniles; 3. To juveniles in disciplinary status; and 4. Between juveniles and: i. Members of th…

(a) Visits shall be permitted between juveniles and relatives (see N.J.A.C. 13:95-1.3) who are incarcerated in facilities under the jurisdiction of the Commission or the Department of Corrections. (b) The following requirements must be met before visits between incarcerated relat…

(a) Attorneys licensed in any jurisdiction and representatives of attorneys shall be permitted contact visits during regular business hours when sufficient space and staff are available. (b) Representatives of attorneys shall include, but not be limited to, the following: 1. Inve…

(a) Children under the age of 18 shall not be permitted to visit unless accompanied by an adult family member of the child defined as a "relative." (See N.J.A.C. 13:95-20.4.) (b) In unusual circumstances, exceptions to (a) above may be made by special approval of the Superintende…

(a) The purpose of this subchapter is to establish: 1. Guidelines for providing reports to and among officials within the Commission and, when necessary, to outside law enforcement agencies; 2. Guidelines for cooperation with law enforcement or other outside agencies in the event…

(a) In the event that an outside law enforcement agency wishes to send an observer to a secure facility in connection with the investigation of an unusual incident or event, the Superintendent or designee shall inform the Office of Investigations. (b) Personnel from the Office of…

(a) Each secure facility shall be responsible for developing written procedures and post orders concerning the reporting of unusual incidents and events, consistent with the provisions of this subchapter. (b) Copies of the written procedures and/or post orders regarding the repor…

(a) The Office of Investigations shall be responsible for ensuring that the following suspected violations of criminal statutes are reported in writing to the prosecutor of the county in which the secure facility is located, if the act occurred in a secure facility, or to the cou…

(a) The following violations of criminal statutes need not be reported by the Office of Investigations to the county prosecutor: 1. Possession or introduction of contraband unless said contraband constitutes an implement of escape or unless said contraband would constitute an ind…

(a) The Office of Investigations shall be responsible for investigating and preparing written investigative reports upon the occurrence of incidents and events as established in this chapter. (b) The Office of Investigations shall ensure that all juvenile acts which may constitut…

Written reports regarding the release of a juvenile into a residential community facility shall be provided in accordance with applicable Commission rules relating to residential community facilities. Notes N.J. Admin. Code § 13:95-21.2

(a) Written reports regarding the release of a juvenile from custody shall be provided in accordance with N.J.S.A. 30:4-6.1 and 30:4-82.4. (b) No less than 90 days before the date on which a juvenile's maximum term is scheduled to expire, the Director of Operations or designee sh…

(a) Notification to the juvenile's next of kin of a juvenile's critical illness or death shall be in accordance with N.J.A.C. 13:95-17. (b) Written reports of the death of a juvenile shall be provided to the prosecutor of the county from which the juvenile was committed by the Su…

(a) Upon the occurrence of an unusual incident or event, as defined in N.J.A.C. 13:95-1.3, the Superintendent or designee shall immediately notify the Office of Investigations by telephone. (b) Pending arrival on the scene of Office of Investigation personnel, the Superintendent …

Within 48 hours of the occurrence of the unusual incident or event, the Superintendent or designee shall prepare and shall submit to the Office of Investigations and to the Director of Operations a detailed written report that discloses all material facts and allegations relating…

(a) In addition to any other requirements of this subchapter, upon any escape or walk away of a juvenile from a secure facility, juvenile transport, court, funeral or bedside visit, or from any other situation of custody, the Superintendent or designee shall immediately notify by…

(a) Upon receipt of the notification from the Superintendent required by N.J.A.C. 13:95-21.5, the Office of Investigations shall promptly report by telephone to the relevant law enforcement agencies, including appropriate county prosecutors, all acts committed which may constitut…

(a) The Office of Investigations shall serve as the liaison to all outside law enforcement agencies with respect to secure facilities. (b) The liaison shall have the general responsibility of effecting a cooperative relationship with outside law enforcement agencies during invest…

(a) Custody staff members are authorized to use appropriate means to enforce secure facility rules and regulations. Such means include, but are not limited to: 1. "Constructive authority," which means authority that does not involve actual physical contact with the individual, bu…

(a) Training in proper methods and techniques of using force and in the lawful and appropriate use of force shall be provided as part of the Basic Course for Juvenile Correction Officers provided by the Commission's Office of Training or equivalent. (b) All security and custodial…

(a) Custody staff action that does not conform to the provisions of this subchapter and any internal management procedures implemented in connection with this subchapter may result in the following:1. Disciplinary action pursuant to N.J.A.C. 4A:2; 2. Personal, civil or criminal l…

(a) Each secure facility shall prepare suitable written post orders and internal management procedures to govern the use of force and storage of chemical agents, consistent with this subchapter. (b) All written post orders and internal management procedures developed in accordanc…

(a) In any case that a custody staff member uses force while on-duty, the custody staff member shall only use that force that is objectively reasonable and necessary under the totality of the circumstances as known by the custody staff member at the time force is used. (b) A cust…

(a) A custody staff member may use non-deadly force against persons only under the following circumstances:1. To protect self or others against the use of unlawful force; 2. To protect self or others against death or serious bodily harm; 3. To prevent damage to property; 4. To pr…