New Jersey Administrative Code

(a) Whenever it becomes apparent at a disciplinary hearing that an incorrect violation is cited in the Notice of Violation but that the juvenile may have committed another violation, the Disciplinary Hearing Officer shall modify the charge and give the juvenile the option of a 24…

(a) A juvenile's disciplinary consequences shall be individualized by considering such factors as the: 1. Juvenile's history of adjustment in the Commission; 2. Setting and circumstances of the prohibited behavior; 3. Involved juvenile's account; 4. Rehabilitative goals set for t…

Notes N.J. Admin. Code § 13:101-6.17 Reserved by 48 N.J.R. 2163(a), effective 10/17/2016

(a) The Disciplinary Hearing Officer may, in his or her discretion, suspend a sanction(s) for 30 days, when such action is warranted by the particular circumstances of the case. (b) When a sanction(s) is suspended and the juvenile's behavior conforms to the required code of behav…

The Disciplinary Hearing Officer shall give guidance to the juvenile with respect to the reason for the rules and policies of the facility. The elements of the juvenile's behavior or attitude that are deemed to be unsatisfactory shall be pointed out. Notes N.J. Admin. Code § 13:1…

(a) Except for those matters handled by immediate corrective action (N.J.A.C. 13:101-5), when a violation as identified in N.J.A.C. 13:101-4.1 has occurred, the staff member who witnessed it or who has probable cause to believe that a violation has occurred shall prepare a Notice…

(a) A juvenile in either a non-secure facility or in any other facility without an assigned Disciplinary Hearing Officer, who is charged with a violation, other than one handled by immediate corrective action, shall be transferred to a secure facility with an assigned Disciplinar…

(a) After the hearing has been completed, written fact-findings shall be given to the juvenile by the Disciplinary Hearing Officer. This statement shall include evidence relied upon, the decision and the reason for the disciplinary action taken, unless doing so would, in the disc…

For the purpose of assisting the Disciplinary Hearing Officer in determining the appropriate sanction to impose, each facility shall have available at the hearing a Disciplinary Record Card for each juvenile. This card shall accompany the juvenile should he or she be transferred …

(a) If a charge against a juvenile is not sustained, the results of the hearing shall not be entered onto the juvenile's progress sheet. In addition, all references to the disciplinary charges (including any entry onto the progress sheet, the disciplinary report, the investigatio…

(a) A disciplinary report result sheet containing the following information regarding juveniles who received disciplinary actions shall be prepared by the Disciplinary Hearing Officer no less than weekly and submitted to the Superintendent or his or her designee: 1. The names of …

(a) In all cases, the juvenile shall be advised of his or her right to use immunity at any investigative interview and at the disciplinary hearing. This warning shall consist of a statement that any statements made in connection with the disciplinary hearing or any evidence deriv…

(a) An investigation of the violation shall be conducted by the facility at which the hearing will be held within 24 hours of the time the Notice of Violation is served upon the juvenile. (b) The Superintendent shall appoint a custody staff member of supervisory level who shall c…

The Disciplinary Hearing Officer may direct a further investigation in any case where he or she is of the opinion that the report is not properly made out or the facts and circumstances are not sufficient to set forth a basic understanding of the incident. The Disciplinary Hearin…

(a) Meetings with a Disciplinary Hearing Officer shall be convened at such times as are appropriate to carry out the work of the Disciplinary Hearing Officer. (b) The juvenile shall be entitled to a hearing within three days of the alleged violation, including weekends and holida…

Hearings that have been postponed for further investigation shall be reviewed by the Disciplinary Hearing Officer within seven days to determine if a further postponement is warranted. Further postponements shall be granted only in exceptional circumstances. Notes N.J. Admin. Cod…

(a) The failure to adhere to any of the time limits prescribed by this subchapter shall not mandate the dismissal of a disciplinary charge. However, the Disciplinary Hearing Officer may, in his or her discretion, dismiss a disciplinary charge because of a violation of time limits…

(a) A juvenile shall be permitted to be present throughout the disciplinary hearing except during the necessary deliberations of the Disciplinary Hearing Officer and except in instances where facility security would be jeopardized by the juvenile's presence. (b) The reasons for e…

(a) The juvenile shall be advised in writing by the Disciplinary Hearing Officer of the opportunity to appeal to the Superintendent or his or her designee, who shall be an Assistant Superintendent, at the time the juvenile is provided with the disciplinary decision. Juveniles sha…

(a) The juvenile shall use the Disciplinary Review Appeal Form to request an appeal of a disciplinary decision. The juvenile shall submit the completed form to any staff member. (b) Upon submission of the Disciplinary Review Appeal Form, the person accepting the appeal form shall…

Juveniles who wish to have their consequences stayed pending a decision on their appeal, must make a request to the Superintendent or his or her designee for this consideration. If this request is not made, no action shall be taken to stay any consequences received in the discipl…

(a) The Superintendent or his or her designee may order an independent investigation of the charge and proceedings of the disciplinary hearing in those instances in which the juvenile's appeal and information furnished after the initial disciplinary hearing appear to warrant such…

(a) At the conclusion of the review of an appeal, the Superintendent or his or her designee shall take one of the following actions: 1. Rescind the decision of the Disciplinary Hearing Officer if the review and/or investigation indicates that the evidence fails to demonstrate tha…

(a) In all cases, the juvenile shall be notified in writing of the results of the review of the appeal and the reasons therefor. The Disciplinary Review Appeal Form shall be used for this purpose. 1. The Superintendent or his or her designee shall respond in writing to the juveni…

(a) If a rehearing is required, the juvenile shall be accorded all procedural rights applicable to a disciplinary hearing. (b) The Disciplinary Hearing Officer shall not be the same as the hearing officer who heard the original charge. 1. In the absence of exceptional circumstanc…

Notes N.J. Admin. Code § 13:101-8.1 Reserved by 48 N.J.R. 2163(a), effective 10/17/2016

Notes N.J. Admin. Code § 13:101-8.10 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 § 13:101-8.11 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 "Grooming, showering and shaving".

Notes N.J. Admin. Code § 13:101-8.12 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 "Recreation".

Notes N.J. Admin. Code § 13:101-8.13 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 "Room restriction records".

Notes N.J. Admin. Code § 13:101-8.2 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 "Ventilation, heating, lighting and sanitation in room restriction".

Notes N.J. Admin. Code § 13:101-8.3 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 "Visual observation".

Notes N.J. Admin. Code § 13:101-8.4 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 § 13:101-8.5 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 special activities".

Notes N.J. Admin. Code § 13:101-8.6 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 "Medical and psychiatric services".

Notes N.J. Admin. Code § 13:101-8.7 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 social services and supervisory custody staff".

Notes N.J. Admin. Code § 13:101-8.8 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 "Chaplain services".

Notes N.J. Admin. Code § 13:101-8.9 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 "Food".

(a) The purpose of this chapter is to establish a regulatory framework governing the operation of community programs under the jurisdiction of the Commission, as those terms are defined in N.J.A.C. 13:103-1.3. (b) Among the rules set forth in this chapter are rules addressing:1. …

This chapter shall be applicable to all Commission community programs, including both residential community homes and day programs, except to the extent indicated otherwise in this chapter. Notes N.J. Admin. Code § 13:103-1.2

The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise: "Assistant Superintendent" means Commission staff member, by whatever name or title, who is the ranking assistant to a Superintendent of a c…

(a) The following forms shall be reproduced by each facility from originals that are made available through the office of the Director of Community Programs: 1. CP360-I Remedial Action Plan Report; 2. CP292-I Request for Attorney-Client Contact Visit; 3. LAB-45 Drug Abuse of Urin…

(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 program and other reviews necessary and appropriate under this ch…

(a) The purpose of this subchapter is to establish guidelines for: 1. Providing assistance to pregnant juveniles and placement of newborns born to juveniles; 2. Providing notification to next of kin in the event of a juvenile's critical illness or death; and 3. Ensuring referral …

(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 shall not be moved to a hospital without the approval of the county medical examine…

(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…