New Jersey Administrative Code

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…

(a) Prior to the distribution of any money remaining in the account of a deceased juvenile, those funds shall be used to pay:1. Court ordered penalty assessments, restitution, and fines; 2. Other revenue obligations or fees; 3. Fees for medical and/or dental treatment; and 4. Fee…

The Director of Community Programs or designee shall be responsible for the development and implementation of written procedures consistent with the requirements of this subchapter and shall incorporate these procedures in the community program resident handbook. Notes N.J. Admin…

(a) The Commission shall provide every female juvenile with a routine pregnancy test upon initial admission to a Commission facility, and shall provide a pregnant juvenile with medical and social services, which at a minimum shall include: 1. Prenatal medical evaluation and care,…

When the pregnant juvenile elects to carry the pregnancy to term, arrangements shall be scheduled in advance for the delivery at an appropriate medical facility. Notes N.J. Admin. Code § 13:103-10.3

(a) The community program shall provide the pregnant juvenile with: 1. Suitable maternity clothes; 2. Appropriate housing assignments, as may be recommended by a physician, advanced practice nurse, or certified nurse midwife; and 3. Appropriate exercise and reduced work schedules…

(a) As soon as possible after the pregnancy is diagnosed, a physician, advanced practice nurse, or certified nurse midwife shall provide the pregnant juvenile with appropriate medical care, and the pregnant juvenile shall be given religious and social counseling to aid her in mak…

§ 13:103-10.6 - Reserved Notes N.J. Admin. Code § 13:103-10.6

(a) Unless alternative legal custody arrangements have been made by the juvenile's family or others, temporary custody of an infant born to a pregnant juvenile shall be assumed, or otherwise determined, by the appropriate State child protective services agency, but at no time sha…

(a) The Commission shall take all reasonable steps to notify a juvenile's adult relatives immediately of a juvenile's critical injury or death, including, when necessary and appropriate, seeking assistance from local law enforcement authorities and the New Jersey State Police. (b…

At the request of a juvenile who is 18 years old or older, an advance directive that complies with N.J.S.A. 26:2H-55 et seq. shall be placed in the juvenile's medical record. Notes N.J. Admin. Code § 13:103-10.9

Community programs and juveniles may be searched as provided by this subchapter for the purpose of controlling and deterring the introduction and concealment of contraband. The definition of contraband and all procedures for disposition of contraband set forth in N.J.A.C. 13:103-…

(a) Testing for prohibited substances may be conducted for the purpose of deterring and controlling the introduction of contraband or to detect the presence of any substance not authorized for possession or use by the juvenile. (b) Juveniles shall be tested: 1. As part of the int…

(a) Substance abuse testing shall be by urinalysis utilizing a Commission-approved urinalysis specimen test kit, and shall be conducted by staff who have been trained to perform such test. (b) Specimens taken from juveniles shall be voided directly into an approved specimen conta…

§ 13:103-11.12 - Reserved Notes N.J. Admin. Code § 13:103-11.12

(a) Each Superintendent shall be responsible for ensuring that the requirements and guidelines set forth in this subchapter are followed. (b) Internal management procedures developed in accordance with this subchapter shall be made available to all staff members. All personnel sh…

(a) Each community program shall develop and implement a comprehensive written plan governing routine and random searches of facilities and juveniles. Each plan shall be submitted to the Office of the Executive Director for review and approval on or before February 15 of each yea…