New Jersey Administrative Code

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 …

(a) It is unlawful to print or cause to be printed any advertisement which has the effect of discouraging people with disabilities from applying for a job for which they are qualified, despite a particular disability or which contains the words "able-bodied persons wanted," or th…

(a) The knowing use by an employer of any employment agency or recruitment source which does not refer people with disabilities or which discriminates against people with disabilities is an unlawful act of discrimination. (b) The failure or refusal of any employment agency or lab…

(a) It is an unlawful employment practice for any employer, employment agency or labor organization to make use of any employment test or other selection criterion that screens out or has the effect of screening out people with disabilities unless: 1. That test score or other sel…

(a) It shall be an unlawful practice for an employer, employment agency or labor organization to elicit or attempt to elicit, either verbally or through the use of an application form or request for documentation, any information which would tend to divulge the existence of a dis…

(a) All employers shall conduct their employment procedures in such a manner as to assure that all people with disabilities are given equal consideration with people who do not have disabilities for all aspects of employment including, but not limited to, hiring, promotion, tenur…

(a) An employer's wage scale must be unrelated to the disability of its employees, except where permitted by State or Federal law. (b) Occupational training and retraining programs, including, but not limited to, guidance programs, apprentice training programs and executive train…

(a) It is unlawful for any labor organization to exclude or expel any individual from membership or from any apprenticeship program because that individual is a person with a disability. (b) It is an unlawful employment practice for any labor organization to discriminate on the b…

(a) It shall be lawful to take any action otherwise prohibited under this section where it can reasonably be determined that an applicant or employee, as a result of the individual's disability, cannot perform the essential functions of the job even with reasonable accommodation.…

This subchapter on discrimination in real property applies to vendors and lessors of property and their agents, real estate brokers, agents and salespersons, lending institutions and other persons. For the purpose of this subchapter, lending institutions include banks, building a…

(a) This section applies to real property, public housing and the rental of: 1. A single apartment or flat in a two-family dwelling, the other occupancy unit of which is occupied by the owner as a residence at the time of such rental; and 2. A room or rooms to another person or p…

It is unlawful for any person to make or cause to be made any written or oral inquiry or record concerning the disability of any prospective purchaser, tenant or prospective occupant of any real property, or the disability of any other person associated with a prospective purchas…

(a) It is unlawful for any person to discriminate on the basis of disability in the actual showing, sale, rental or lease of available real property. For example, a representation to any person, because that person is a person with a disability, that real property is not availabl…

It is an unlawful act of discrimination for any person to evict a tenant because the tenant is a person with a disability, or because that person is associated with another person who is a person with a disability. Notes N.J. Admin. Code § 13:13-3.5 Amended by R.1995 d.243, effec…

It is unlawful for any lending institution or person to discriminate against an individual seeking a loan or other form of financial assistance whether in the initial extension of credit or in the terms and conditions of the obligation because that individual or an intended occup…

In connection with the design and construction of covered multifamily dwellings for first occupancy after March 13, 1991, it shall be unlawful to fail to design and construct dwellings which comply with the standards set forth in the Barrier-Free subcode of the State Uniform Cons…

The purpose of this subchapter is to implement the provisions of the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 to 49, as it pertains to unlawful discrimination against people with disabilities by the owners, lessees, proprietors, managers, superintendents, agents or …