New Jersey Administrative Code

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

All residential community home staff members shall treat visitors in a professional, dignified, courteous, and respectful manner. Notes N.J. Admin. Code § 13:103-8.13

(a) Signs written in English and Spanish shall be posted in the visiting area stating that, as a condition of visitation, all visitors, their belongings, and vehicles are subject to possible search while on the premises of a residential community home, which could include a passi…

All juveniles shall be subject to possible search before and after a visit, in accordance with procedures established by N.J.A.C. 13:103-11, Searches of Juveniles and Facilities. Notes N.J. Admin. Code § 13:103-8.15

(a) Visits shall be monitored by staff to help prevent the passage of contraband and to insure the security and orderly operation of the residential community home. (b) Visits shall be conducted in a quiet, orderly, and dignified manner. (c) Articles passed between the juvenile a…

(a) Except as provided for in (b) below, no cash, checks, money orders, or other form of money, currency, or payment may be brought into a residential community home by a visitor for a juvenile. (b) Money orders may be brought by visitors for a juvenile, provided that the money o…

(a) A juvenile's visiting privileges shall not be denied because of a violation of residential community home policies, other than those policies specifically related to or concerned with visiting privileges. (b) A visit may be denied, terminated, or suspended and a visiting priv…

Sixty days after visit privileges have been terminated, or thereafter, the juvenile may forward a written request for reinstatement of visit privileges to the Superintendent or designee, which request shall be reviewed in accordance with the standards set forth in N.J.A.C. 13:103…

(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…

Subject to the approval of the Director of Community Programs or designee, the Superintendent 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 o…

(a) Subject to the provisions of N.J.A.C. 13:103-8.23, 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. (b) A juvenile shall not be permitted to visit relatives or friends …

(a) The burden is on the juvenile to prove that the ill or deceased person is a relative. (b) The Superintendent or designee shall verify the illness or death of the relative. Notes N.J. Admin. Code § 13:103-8.22

(a) The Superintendent, or designee, shall determine whether a juvenile is eligible to go on a bedside, private viewing, or funeral visit, subject to the following restrictions: 1. The bedside, private viewing, or funeral visit is outside the State of New Jersey; or 2. The bedsid…

During the bedside, private viewing, or funeral visit, the juvenile shall at all times be in the custody of one or more staff members. Notes N.J. Admin. Code § 13:103-8.24

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 § 13:103-8.25

All bedside, private viewing, and funeral visits shall be noted in the Superintendent's monthly report. Notes N.J. Admin. Code § 13:103-8.26

(a) Each residential community home shall develop and implement written procedures that provide juveniles with reasonable and equitable access to telephones. These procedures shall specify: 1. The hours of telephone availability; 2. The maximum length of telephone calls; and 3. A…

All juvenile telephone calls may be monitored and recorded except calls to the Office of Investigations and legal telephone calls that are made in accordance with N.J.A.C. 13:103-8.30. Notes N.J. Admin. Code § 13:103-8.28

(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; or 2. The death of a relative. (b) Whenever an emergency telephone call for a…

(a) Upon admission to a residential community home, a juvenile shall submit to the Superintendent or designee a list of names and addresses of potential visitors. (b) Subject to the approval of the Director of Community Programs or designee, the Superintendent of each residential…

(a) Legal telephone calls may be made to the following individuals or agencies for assistance in legal research and/or preparation of legal documents: 1. Office of the Public Defender; 2. Regional legal services; 3. Court clerks; and 4. Attorneys. (b) Legal telephone calls shall …

(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 Super…

(a) The Superintendent or designee may approve the following persons to visit a juvenile: 1. Relatives and legal guardians; 2. Clergy; and 3. Friends and other persons who may have a constructive influence on the juvenile. (b) Any person with an adult criminal conviction or who i…

(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 residential community…

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

(a) Visits may be permitted between juveniles in residential community homes and relatives who are incarcerated in other facilities under the jurisdiction of either the Commission and, subject to their approval, the Department of Corrections. (b) The following requirements must b…

(a) Attorneys licensed in any jurisdiction who are retained to represent a juvenile or juveniles, and representatives of such attorneys, shall be permitted contact visits during regular business hours when sufficient space and staff are available. (b) Representatives of attorneys…

(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" or "legal guardian." (b) In unusual circumstances, exceptions to (a) above may be made by special approval of the Superintendent or d…

(a) Subject to the provisions of this subchapter, staff members are authorized to use appropriate non-deadly means to enforce community program rules and regulations. Such means include, but are not limited to: 1. "Constructive authority," which means authority that does not invo…

(a) In any case that a staff member uses force, the staff member shall only use that force that is objectively reasonable and necessary under the totality of the circumstances as known by the staff member at the time force is used. (b) Subject to the provisions of N.J.A.C. 13:103…

(a) Community program staff members are prohibited from using the following: 1. Deadly force; 2. Physical force to prevent a juvenile from escaping or otherwise leaving supervision without permission; 3. Physical restraints, including chemical agents, handcuffs, and mechanical fo…

(a) A staff member may use non-deadly physical 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 p…

(a) A staff member shall immediately contact his or her shift coordinator and shall complete a Form JJ-001, Incident Report, when he or she participated in, or witnessed, any incident in which:1. Physical force is used; 2. An individual alleges that serious bodily harm has been i…

(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 Direct Care Staff provided by the Commission's Office of Training or equivalent. (b) All staff members shall receive annua…

A staff member who violates the provisions of this subchapter restricting use of force, and any related internal management procedure implemented in connection therewith, shall be subject to disciplinary action. Notes N.J. Admin. Code § 13:103-9.7

(a) The superintendent shall prepare internal management procedures to govern the use of force consistent with this subchapter, subject to the prior review and approval by the Director of Community Programs or designee. 1. The internal management procedures shall be reviewed peri…

(a) It shall be a violation of the Law Against Discrimination, N.J.S.A. 10:5-1 et seq., and more particularly, N.J.S.A. 10:5-12.a, .b, .c, and .e, for any employer, union, or employment agency, or any newspaper or other publication published or circulated within this State to pri…

Nothing contained in this Chapter shall be deemed to prohibit the Director from including in any of his orders against any respondent employer, union or employment agency a provision requiring said respondent to include in any advertisement regarding any employment opportunity th…

(a) No language in a category heading, label, or job title associated with any advertisement related to employment or employment-related opportunities shall express any limitation, specification, discrimination, or preference based on age, sex, affectional or sexual orientation, …

(a) For the purposes of this chapter, the "bona fide occupational qualification" (BFOQ) exception shall include only those vocational qualifications that are reasonably necessary to the normal operation of the particular business, enterprise, or apprentice or other training progr…

(a) Any employer, union, employment agency, newspaper, or other publication may make an inquiry of the Division on Civil Rights (at (609) 984-3138, 140 East Front Street, PO Box 89, Trenton, New Jersey 08625-0089) as to whether race, creed, color, national origin, ancestry, natio…

Failure to comply with this chapter will constitute a violation of N.J.S.A. 10:5-12. Notes N.J. Admin. Code § 13:11-1.6 Amended by 46 N.J.R. 1697(b), effective 7/21/2014.

Notes N.J. Admin. Code § 13:11-1.7 Recodified to N.J.A.C. 13:11-1.6 by R.2007 d.38, effective 2/5/2007. See: 38 N.J.R. 3493(a), 39 N.J.R. 491(a). Section was "Violations".

Notes N.J. Admin. Code § 13:11-1.8 Repealed by R.2007 d.38, effective 2/5/2007. See: 38 N.J.R. 3493(a), 39 N.J.R. 491(a). Section was "Effective date".

This chapter is designed to implement the Law Against Discrimination, N.J.S.A. 10:5-1 et seq. ("the act" or "the statute"), as it pertains specifically to discrimination on the basis of physical and mental disability. Notes N.J. Admin. Code § 13:13-1.1 Amended by R.1995 d.243, ef…

(a) Consistent with the public policy underlying the Law Against Discrimination and with firmly established principles for the interpretation of such remedial legislation, the remedial provisions of the statute will be given a broad construction and its exceptions construed narro…

The following words and terms, as used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. "Covered multifamily dwellings" means buildings covered by the provisions of the Barrier-Free Subcode of the State Uniform Construction Code …