New Jersey Administrative Code

(a) An owner or owners of a multiple dwelling who files a report more than 15 calendar days after the time for filing reports set forth at N.J.A.C. 13:10-2.4, but not later than 30 calendar days after such time for filing, shall be subject to a penalty for late filing of $ 500.00…

The purpose of this chapter is to establish uniform procedures governing the assignment, reassignment and transfer of juveniles to and from Commission facilities. Notes N.J. Admin. Code § 13:100-1.1

This chapter shall apply to all juveniles committed to the custody of the Commission or otherwise serving a custodial sentence in a Commission facility. Notes N.J. Admin. Code § 13:100-1.2 Amended by 48 N.J.R. 2163(a), effective 10/17/2016

The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise: "Classification manager" means the staff member, by whatever name or title, charged with oversight of and responsibility for the overall ope…

(a) The Commission shall operate separate and distinct reception and assessment facilities (RAFs) for males and females. Except for educational and recreational activities, sight and sound separation shall be maintained between male and female juveniles. (b) Upon admission to an …

Notes N.J. Admin. Code § 13:100-2.1A Amended by 46 N.J.R. 1902(a), effective 9/2/2014. Repealed by 57 N.J.R. 1040(a), effective 5/19/2025

(a) A separate Classification Committee shall be established for male and for female juveniles, each of which shall be chaired by the Deputy Executive Director of Operations or designee. Additional members shall be appointed by the Executive Director, or designee, and shall posse…

(a) Classification Committees shall be responsible for determining the classification, initial assignment, and transfer of juveniles to, between, and from Commission facilities. Assignments and transfers contemplated herein include, but are not necessarily limited to those:1. Bet…

(a) Unless assignment to a non-secure facility is determined in writing by a qualified mental health care professional to be clinically appropriate, assignment of a juvenile to a non-secure facility is prohibited when: 1. The commitment being reviewed involves a homicide or arson…

(a) A request for an emergency transfer of a juvenile may be made by the Superintendent, or designee, and shall be directed to the Deputy Executive Director of Operations, or designee, in such form and with such supporting documentation as the Deputy Executive Director of Operati…

A staff recommendation for a non-emergency transfer of a juvenile shall be referred to the Deputy Executive Director of Operations, or designee, who shall make a decision regarding the appropriateness of the transfer. That decision, including the rationale for the decision, will …

(a) A juvenile has the right to make a request for transfer to another Commission facility. All such requests shall be, in writing, and submitted to a social worker. The written request shall include the juvenile's name, current facility, the name of the facility the juvenile is …

Juvenile classification files shall be maintained by the Office of Classification, Intake, and Release, and in the JIMS. Notes N.J. Admin. Code § 13:100-2.8 Amended by 57 N.J.R. 1040(a), effective 5/19/2025

(a) The purpose of this chapter is to:1. Establish a disciplinary system and corresponding disciplinary policies that promote prosocial behavior and discourage negative behavior among juveniles in Juvenile Justice Commission facilities, and that provide staff with behavior manage…

This chapter shall apply to both committed juveniles and to juveniles who have been convicted of an offense subject to waiver under the provisions of N.J.S.A. 2A:4A-26.1 and sentenced to serve a custodial sentence in a Commission facility, who are residing in Juvenile Justice Com…

The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise. "Bodily fluid" means saliva, blood, urine, feces, seminal fluid or any other fluid produced by the body. "Bodily injury" means physical pain…

(a) The following forms related to juvenile discipline shall be reproduced or obtained by each facility through the office of the Superintendent, or designee. 1. Room Restriction/Separation Form; 2. Immediate Corrective Action Form; 3. Notice of Violation; 4. Disciplinary Review …

(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 disciplinary proceedings under this chapter, and copies of such re…

(a) At the time of reception into the Commission, each juvenile shall receive a copy of the Handbook on Discipline and thereby be advised in writing of his or her rights and responsibilities, the acts and activities which are prohibited, the rules which shall be followed and the …

The Superintendent of each facility shall be responsible for maintaining an ongoing rule review process to ensure that the rules of the facility are current and appropriate. The facility's Juvenile Handbook shall be revised accordingly. Notes N.J. Admin. Code § 13:101-2.2

(a) The rules of a facility shall be approved by the facility's Superintendent and published in the facility's Juvenile Handbook. (b) The Commission's disciplinary rules shall be promulgated by the Commission's Executive Board and published in the Handbook on Discipline. Notes N.…

(a) Upon reception into the Commission each juvenile shall be given a Handbook on Discipline, which shall clearly and prominently inform the juvenile of his or her rights: 1. To be treated respectfully, impartially and fairly by all personnel; 2. To be informed of the rules, proc…

(a) A juvenile who commits one or more of the following numbered violations shall be subject to disciplinary action: SECTION J1: CAUSING DEATH Number Violation Description J101 Causing Death Intentionally or negligently causing the death of another juvenile, staff member, or othe…

(a) When a juvenile is alleged to have committed a violation, the staff member witnessing the violation shall determine the initial mechanism for handling the violation based on the severity of the incident. All alleged violations shall be handled via a full disciplinary proceedi…

All violations which may constitute crimes of the first, second, third or fourth degree under the Criminal Code of the State of New Jersey (N.J.S.A. 2C:1-1 et seq.) shall be referred to the prosecutor of the county in which the facility is located. The referral shall be made by t…

(a) When a violation as set forth at N.J.A.C. 13:101-4.1 that is considered minor in nature has occurred, the staff member witnessing the violation shall prepare an Immediate Corrective Action Form in triplicate, describing the violation and proposed corrective action. The form s…

(a) The juvenile shall be afforded the right to challenge the violation and/or the proposed corrective action via an immediate corrective action conference held by the shift supervisor or unit manager. If the juvenile requests a conference, the shift supervisor or unit manager sh…

(a) The following are authorized immediate corrective actions: 1. Withdrawing a privilege or an individual or group activity, for example, recreation, television or radio privileges, for no more than five days; meals and snacks provided by the facility are not permitted to be use…

If the shift supervisor or unit manager sustains the violation of a disciplinary rule, the approved sanction shall be imposed within 24 hours of the conference. Notes N.J. Admin. Code § 13:101-5.4

(a) The Immediate Corrective Action Form shall be retained separately from the juvenile's classification folder and in accordance with the internal management procedures of the facility. (b) Information regarding immediate corrective actions shall not be entered onto progress not…

(a) Should the shift supervisor or unit manager conclude that a more serious sanction may be appropriate, the matter shall be referred to the Disciplinary Hearing Officer for a disciplinary hearing and disposition. (b) A Notice of Violation shall be filed containing all the requi…

(a) All disciplinary hearings shall be conducted at a secure facility by a Disciplinary Hearing Officer designated by the Executive Director. (b) The Disciplinary Hearing Officer shall have the authority to summon witnesses, take testimony, receive documentary evidence and shall …

(a) A full in absentia hearing shall be conducted if the juvenile refuses to appear at the hearing. (b) The following procedural process shall apply at all disciplinary hearings conducted in absentia that will enable the Disciplinary Hearing Officer to ensure that the juvenile ha…

(a) When a juvenile has been charged with a violation, the juvenile shall be afforded the right to request representation by a counsel substitute. (b) When the Disciplinary Hearing Officer determines that a juvenile cannot adequately collect and present the evidence in his or her…

(a) Juveniles shall be allowed to call witnesses and present documentary evidence in their defense when permitting them to do so will not be unduly hazardous to facility safety. The Disciplinary Hearing Officer shall review the evidence offered as reasonably available and necessa…

(a) The opportunity for confrontation and cross examination shall be provided to the juvenile in such instances where the Disciplinary Hearing Officer deems it necessary for an adequate presentation of the evidence, particularly when serious issues of credibility are involved. (b…

(a) Charges may be sustained at a disciplinary hearing only upon substantial evidence that the juvenile has committed a violation. (b) Evidence relied upon in making a determination shall be specified on the Disciplinary Review Report. 1. In any case in which the Disciplinary Hea…

(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…