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

(a) In accordance with the standards and criteria and set forth in this section, and subject to review and concurrence by the full Behavior Accountability Unit Review Committee (BAURC), the Superintendent or designee may order that a juvenile be placed in the BAU, either acting i…

Notes N.J. Admin. Code § 13:95-7.20 Repealed by R.2013 d.138, effective 12/2/2013.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 "Psychological examination".

Notes N.J. Admin. Code § 13:95-7.21 Repealed by R.2013 d.138, effective 12/2/2013.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 "Withdrawal of personal items, activities and incentive privileges".

Notes N.J. Admin. Code § 13:95-7.22 Repealed by R.2013 d.138, effective 12/2/2013.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 "Records".

Notes N.J. Admin. Code § 13:95-7.23 Repealed by R.2013 d.138, effective 12/2/2013.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 the Behavior Accountability Unit (BAU)".

Notes N.J. Admin. Code § 13:95-7.24 Administrative change. See: 46 N.J.R. 103(b). Recodified to N.J.A.C. 13:95-7.8. Section was "Transfers; record maintenance".

Notes N.J. Admin. Code § 13:95-7.25 Administrative change. See: 46 N.J.R. 103(b). Recodified to N.J.A.C. 13:95-7.9. Section was "Secure facility procedures".

(a) The BAURC shall be formed by the Superintendent, and shall be composed of the Superintendent or Assistant Superintendent, who shall serve as chair, in addition to: 1. A representative from the secure facility education department; 2. A representative from the secure facility …

(a) The BAURC has the authority and the responsibility to determine whether a juvenile is to be kept in or released from the Behavior Accountability Unit (BAU). (b) The BAURC shall meet at least once a week or more frequently when necessary, to deliberate on matters related to it…

(a) A juvenile may appeal his or her initial assignment to the Behavior Accountability Unit (BAU) by submitting to any staff member a request for a meeting of the Behavior Accountability Unit Review Committee (BAURC) on a Form BAU-03 (Behavior Accountability Unit Appeal). 1. Juve…

(a) When a juvenile appears before the BAURC, the Chairperson shall explain to the juvenile the reason(s) for his or her appearance, the nature of the case review and the particular areas of BAURC concern. (b) During the case review with the juvenile, the BAURC shall give guidanc…

(a) When the Behavior Accountability Unit Review Committee (BAURC) determines that continued assignment to the BAU is appropriate for a particular juvenile, a preliminary determination shall also be made as to when the continued need for the BAU program will be reviewed. In any c…

All transfers into or out of a Behavior Accountability Unit shall be entered on the juvenile's classification progress record. Notes N.J. Admin. Code § 13:95-7.8 The following annotations apply to N.J.A.C. 13:95-7.8 prior to its recodification from N.J.A.C. 13:95-7.24 by administ…

(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 Deputy E…

(a) Each secure facility, except for the Juvenile Reception and Assessment Center and the Life Skills and Leadership Academy, shall have one or more institutional classification committee (ICC). The jurisdiction of each individual ICC shall be subject to the discretion of the Exe…

The Superintendent or his or her designee shall be responsible for developing written procedures consistent with this subchapter, which procedures shall be reviewed and updated annually. Notes N.J. Admin. Code § 13:95-8.10

Juvenile classification files shall be maintained at each secure facility with respect to the juveniles housed therein, or at such other location as may be determined by the Executive Director. An electronic back up file shall be kept at the Commission's Office of Classification.…

(a) Classification decisions by an ICC shall be made only after consideration of all factors relevant to the particular juvenile. Such factors shall include, but shall not be limited to, the juvenile's: 1. Age; 2. Expressed needs and interests; 3. Adjustment to facilities; 4. Edu…

The classification officer at the secure facility to which a juvenile is assigned shall obtain the juvenile's existent classification evaluations and reports. These evaluations and reports shall be available at the juvenile's initial appearance before an ICC, which shall occur wi…

(a) A juvenile has the right to make a request for a change in any assignment or status under the jurisdiction of an ICC. All such requests shall be submitted on a Special Classification Request Form, Form J081, and directed to a social worker. Upon receipt of the Form J081, the …

A juvenile's case may be scheduled for review by an ICC, prior to a regular review date, when referred for such review by secure facility staff. Notes N.J. Admin. Code § 13:95-8.6

(a) An ICC shall be responsible for confirming the assignment or approval of work details for juveniles. Decisions on work assignments shall be made based upon the availability of jobs, and upon the juvenile's: 1. Physical condition; 2. Mental and mechanical aptitudes; 3. Work ex…

(a) An ICC shall be responsible for confirming the assignment or approval of juveniles to participate in vocational, social or educational programs. Determining factors in assigning a juvenile to these programs shall include: 1. Recommendations of the Office of Education; 2. Rele…

An ICC shall be responsible for confirming the assignment or approval of juveniles to counseling services based upon a review of all relevant factors. This review shall include, but shall not be limited to, review of the juvenile's psychological examination, predisposition report…

(a) Transportation of juveniles shall be done only in State-owned vehicles, except when emergencies or other unusual circumstances require the use of privately-owned vehicles. (b) If it is necessary for a juvenile to ride in an employee's private vehicle, the employee must secure…

(a) Escorting custody staff members shall wear civilian clothing when going to any Federal court or when directed by the supervisor. All other escorting custody staff members shall wear uniforms. (b) Juveniles shall wear civilian clothing on court trips. Notes N.J. Admin. Code § …

(a) In emergency situations when a non-ambulatory medium, maximum or close custody juvenile is in need of hospitalization or treatment outside of the secure facility, he or she shall be transported by ambulance, or by a State-owned vehicle if an ambulance is unavailable. A State-…

(a) The costs of transporting a juvenile to court for civil action will be paid by the Commission when:1. The cause of action is related to the juvenile's confinement; 2. The cause of action is a Family Court matter such as, but not limited to, matrimonial and child custody; or 3…

Each secure facility responsible for juvenile transportation shall prepare written internal management procedures governing the transportation of juveniles outside of the secure facility, consistent with the requirements of this subchapter. These procedures shall be made availabl…

(a) When necessary to transport a juvenile by aircraft, the Director of Operations shall either: 1. Submit a request for assistance to Office of Interstate Services of the Department of Corrections; or 2. Select an alternative appropriate means of transport. Notes N.J. Admin. Cod…

(a) State-owned vehicles used to transport medium, maximum or close custody juveniles shall be equipped with protective screening devices to separate juveniles from the driver. Opening devices on the inner rear doors and windows of passenger sedans shall be made inoperable. The r…

(a) The Superintendent or designee shall make a determination with respect to the specific staffing and security arrangements required when transporting a reduced custody juvenile. In these cases, a careful review shall be made of the individual case to determine the most appropr…

(a) Prior to accepting escort responsibility for any juvenile, escorting custody staff members shall be informed of the following: juvenile's name and number, destination, custody designation, unusual medical, emotional, or mental conditions for which there is a need to know. Esc…

(a) A juvenile shall only be produced in court by a writ of habeas corpus, writ of habeas corpus ad testificandum, post conviction relief order, or other order to produce which is to be received by the Commission's Centralized Intake Unit 48 business hours prior to the scheduled …

(a) During escort, juveniles shall be carefully guarded to prevent escape and receipt of contraband. (b) No communication between juvenile and public shall be permitted at any time during escort. (c) A juvenile's special requests during escort not related to the purpose of the tr…

Escorting custody staff members shall immediately notify the Superintendent, or designee, if an emergency arises during the transportation of a juvenile. If time or other considerations makes it impossible to contact the Superintendent, the local law enforcement authorities may b…

(a) Prior to accepting responsibility for an injured parole violator or escapee to be escorted, the escort custody staff members shall make every effort to obtain written information on how the injury occurred and whether medical aid was administered. A copy of a medical report s…