reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 6 - CONTRABAND AND DISPOSITION OF CONTRABAND › Section 13:95-6.3 - Disposal of contraband personal property seized within a secure facility

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When contraband is seized within a secure facility, appropriate disciplinary reports shall be written and issued pursuant to 13:95-6.7.
(b) The staff member making the seizure shall give the juvenile an itemized, signed and dated receipt (Form J171-II) for the property seized and shall notify the juvenile that such items are contraband and that the juvenile has the right to appeal the classification of any or all items as contraband through the disciplinary process.
1. If the Disciplinary Hearing Officer determines that any or all items are not contraband or if the Superintendent or designee, on appeal, determines that an item is not contraband, it shall be returned to the juvenile.
2. If the Disciplinary Hearing Officer determines that any or all items are contraband, the contraband shall be retained and shall not be disposed of until all appeal proceedings, including any appeal to the Superior Court of New Jersey, Appellate Division where appropriate, are exhausted. Otherwise, the juvenile shall be given two business days following receipt of the Disciplinary Hearing Officer's decision, or the decision of the Superintendent or designee if the disciplinary decision is appealed, to indicate to the Office of Investigations or Center Control which of the following means shall be used to dispose of the contraband. The contraband shall be:
i. Mailed to a designated relative or friend of the juvenile at the juvenile's expense;
ii. Donated by the juvenile to a charitable organization at the juvenile's expense; or
iii. Destroyed at the juvenile's request.
3. Where the juvenile fails to indicate the desired disposition, the property shall be disposed of at the option of the Superintendent or designee.
4. For verifiable cases of juveniles who have no family and no visitors, special arrangements to store property at the facility in which the juvenile is housed may be approved on a case-by-case basis by the Superintendent or designee.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 6 - CONTRABAND AND DISPOSITION OF CONTRABAND › Section 13:95-6.4 - Disposal of contraband, State-issued property

Current through Register Vol. 56, No. 14, July 15, 2024
Where State-issued personal property is confiscated as contraband, the juvenile shall not have any option with respect to its disposition. It shall be returned to the source for redistribution or subsequent disposal. Commissary items seized as contraband may be distributed among needy juveniles as determined by the Superintendent or designee.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 6 - CONTRABAND AND DISPOSITION OF CONTRABAND › Section 13:95-6.5 - Disposal of contraband threatening to security or disruptive to operations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All contraband determined to pose a threat to security or to be disruptive to the orderly running of a secure facility shall be taken into the custody of the secure facility and under no circumstances shall be returned to the juvenile.
1. The staff member making the seizure shall immediately turn the contraband over to the Office of Investigations or Center Control of the secure facility, together with the completed Seizure of Contraband Report Form J171-I and Juvenile Receipt Form J171-II.
2. Appropriate disciplinary reports shall be written and issued, pursuant to 13:95-6.7.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 6 - CONTRABAND AND DISPOSITION OF CONTRABAND › Section 13:95-6.6 - Confiscation and disposal of unauthorized currency or money

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All unauthorized money or currency found in a juvenile's possession shall be immediately seized and turned over to Center Control, Office of Investigations together with reports required by this subchapter.
1. Any juvenile found to be in possession of or to have control over such money or currency shall receive a disciplinary report.
2. A determination as to the manner in which the money or currency has been acquired shall be made by the Disciplinary Hearing Officer at the disciplinary hearing from the reports against the juvenile.
3. If the Disciplinary Hearing Officer concludes that the money or currency is unauthorized or has been acquired through improper means, the Disciplinary Hearing Officer shall recommend to the Superintendent that the money or currency shall be forfeited by the juvenile, deposited in the General Treasury Fund and recorded in Commission accounts, as directed by the Executive Director or designee.
4. Subsequent to the Disciplinary Hearing Officer's conclusion, the money or currency shall be turned over to the secure facility Business Manager with a copy of the adjudicated disciplinary report. The Business Manager will be responsible for depositing and recording the funds to the appropriate account.
5. Money or currency forfeited by the juvenile which is not the subject of a disciplinary action as determined by the Disciplinary Hearing Officer or the Superintendent shall be deposited in the juvenile's account.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 6 - CONTRABAND AND DISPOSITION OF CONTRABAND › Section 13:95-6.7 - Disciplinary reports

Current through Register Vol. 56, No. 14, July 15, 2024
When disciplinary reports are issued resulting from application of this subchapter, such reports shall be issued and adjudicated in accordance with the provisions of 13:101-4.3.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 6 - CONTRABAND AND DISPOSITION OF CONTRABAND › Section 13:95-6.8 - Introduction or discharge of contraband into or from a facility by a visitor

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any visitor present within the secure facility or on its ground shall surrender any item, article, or material which the Superintendent or designee shall determine to be contraband.
1. The custody staff member or staff member seizing any item, article or material determined to be contraband shall give the visitor an itemized, dated and signed receipt. When possession of the seized item, article or material does not appear to violate any Federal or State statute and the visitor exits the facility, the custody staff member shall, in return for the receipt, return the item to the visitor.
2. If there shall be reason to believe that possession of the contraband violates a Federal or State statute, the custody staff member shall detain such a visitor and notify the Office of Investigations.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 6 - CONTRABAND AND DISPOSITION OF CONTRABAND › Section 13:95-6.9 - Introduction or discharge of contraband into or from a facility by the mail

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Incoming correspondence and publications shall always be inspected for contraband. Any discovery of contraband in correspondence or publications shall be handled in accordance with N.J.A.C. 13:95-19.
(b) Unauthorized money or currency found in correspondence or publications shall be handled in accordance with 13:95-6.6.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 7 - BEHAVIOR ACCOUNTABILITY UNIT › Section 13:95-7.1 - Establishment and purpose of Behavior Accountability Unit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each secure facility shall have rooms designated as the facility's Behavior Accountability Unit (BAU).
(b) The purpose of the BAU shall be to provide a structured environment for juveniles when they pose a threat to their own safety, to the safety of staff or other juveniles, to property or to the safe and orderly operation of the secure facility.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 7 - BEHAVIOR ACCOUNTABILITY UNIT › Section 13:95-7.2 - Assignment of juveniles to the Behavior Accountability Unit (BAU)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In accordance with the standards and criteria and set forth in this section, and subject to review and concurrence by the full Behavior Accountability Unit Review Committee (BAURC), the Superintendent or designee may order that a juvenile be placed in the BAU, either acting independently or upon the recommendation of:
1. An Assistant Superintendent;
2. The Director of Custody Operations or designee;
3. The Institutional Classification Officer;
4. The Shift Commander;
5. The Education Director;
6. The Social Services Director; or
7. A psychiatrist, psychologist or psychiatric advanced practice nurse.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 7 - BEHAVIOR ACCOUNTABILITY UNIT › Section 13:95-7.3 - Behavior Accountability Unit Review Committee (BAURC)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The BAURC shall be formed by the Superintendent, and shall be composed of the Superintendent or Assistant Superintendent, who shall serve as chair, in addition to:
1. A representative from the secure facility education department;
2. A representative from the secure facility social services department;
3. A custody supervisor of at least the rank of lieutenant;
4. A representative from the secure facility classification department; and
5. Up to two additional staff members, when deemed necessary or appropriate by the Chairperson in order to ensure consideration of all relevant case information.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 7 - BEHAVIOR ACCOUNTABILITY UNIT › Section 13:95-7.4 - Responsibilities of the Behavior Accountability Unit Review Committee (BAURC)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The BAURC has the authority and the responsibility to determine whether a juvenile is to be kept in or released from the Behavior Accountability Unit (BAU).
(b) The BAURC shall meet at least once a week or more frequently when necessary, to deliberate on matters related to its responsibilities. The BAURC shall be responsible for:
1. Reviewing the cases of juveniles referred for assignment to the BAU;
2. Reviewing the progress of each juvenile at least every two weeks to determine whether continued participation in the BAU program is appropriate; and
3. Reviewing appeals from initial assignment to the BAU, when requested by a juvenile under the provisions of 13:95-7.5.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 7 - BEHAVIOR ACCOUNTABILITY UNIT › Section 13:95-7.5 - Appeal of initial assignment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A juvenile may appeal his or her initial assignment to the Behavior Accountability Unit (BAU) by submitting to any staff member a request for a meeting of the Behavior Accountability Unit Review Committee (BAURC) on a Form BAU-03 (Behavior Accountability Unit Appeal).
1. Juveniles unable to complete the Form BAU-03 may request that the Superintendent or designee appoint another juvenile or staff member to provide assistance. When another person assists in completing the BAU-03 that person's name shall appear on the form.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 7 - BEHAVIOR ACCOUNTABILITY UNIT › Section 13:95-7.6 - Procedures for Behavior Accountability Unit Review Committee (BAURC) case reviews

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When a juvenile appears before the BAURC, the Chairperson shall explain to the juvenile the reason(s) for his or her appearance, the nature of the case review and the particular areas of BAURC concern.
(b) During the case review with the juvenile, the BAURC shall give guidance to the juvenile with respect to the rules and policies of the secure facility.
(c) Prior to rendering a decision to maintain a juvenile in the Behavior Accountability Unit (BAU), the BAURC shall consider alternatives to BAU placement as a means of addressing the secure facility's concerns related to the juvenile. These alternatives shall include, but not be limited to, transfer to another secure facility, reduction in privileges or transfer to another housing unit in general population.
(d) When the BAURC notes a particular treatment or rehabilitative need that can be met by existing services, and the juvenile indicates a willingness to participate in such services, the BAURC shall make the appropriate referral.
(e) Records shall be maintained by the BAURC supporting and documenting each assignment of a juvenile to or removal from the BAU.
1. Copies of all such records and classification reviews shall be maintained in the juvenile's main classification folder and treatment folder.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 7 - BEHAVIOR ACCOUNTABILITY UNIT › Section 13:95-7.7 - Review of juveniles placed in the Behavior Accountability Unit (BAU)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When the Behavior Accountability Unit Review Committee (BAURC) determines that continued assignment to the BAU is appropriate for a particular juvenile, a preliminary determination shall also be made as to when the continued need for the BAU program will be reviewed. In any case, a formal review of each juvenile in the BAU shall be made a minimum of every two weeks.
(b) A written record shall be maintained by the BAURC on a BAU-02 (Behavior Accountability Unit Case Review Form) of all reviews of juveniles in the BAU. The BAU-02 shall be kept in the treatment folder in addition to being made a permanent part of the juvenile's main classification folder. The chairperson shall sign the BAU-02.
(c) Minutes from the reviews shall be recorded in the juvenile's progress notes.
(d) The juvenile shall be permitted to appear at all reviews of the juvenile's case, unless doing so would be unduly hazardous to the safety and security of the secure facility, or if the juvenile refuses to appear.
(e) Any member of the BAURC may request a review for a juvenile in the BAU earlier than was previously determined, when the member believes a meeting is appropriate to consider improvements in behavior or other support on behalf of the juvenile.
(f) At each review, the BAURC shall again review the information upon which the decision was based to assign the juvenile to the BAU. Such information shall include:
1. Disciplinary reports;
2. Programs participation, such as, but not limited to, education, counseling, recreation activities, etc.; and
3. Records of the juvenile's behavior and attitude while in the BAU, such as, custody and professional staff reports, which must periodically be filed describing pertinent observations, both positive and negative, of the juvenile's behavior and attitude while in the BAU.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 7 - BEHAVIOR ACCOUNTABILITY UNIT › Section 13:95-7.8 - Transfers; record maintenance

Current through Register Vol. 56, No. 14, July 15, 2024
All transfers into or out of a Behavior Accountability Unit shall be entered on the juvenile's classification progress record.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 7 - BEHAVIOR ACCOUNTABILITY UNIT › Section 13:95-7.9 - Secure facility procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every secure facility shall be responsible for developing written unit internal management procedures and/or post orders consistent with this subchapter.
(b) All written post orders and procedures developed in accordance with this subchapter shall be submitted to the Deputy Executive Director - Operations or designee for approval before implementation.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 8 - INSTITUTIONAL CLASSIFICATION › Section 13:95-8.1 - Institutional classification committees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each secure facility, except for the Juvenile Reception and Assessment Center and the Life Skills and Leadership Academy, shall have one or more institutional classification committee (ICC). The jurisdiction of each individual ICC shall be subject to the discretion of the Executive Director, or designee. Each ICC shall be composed of the following personnel:
1. The Superintendent or designee;
2. The Director of Custody Operations or designee;
3. The Director of Social Services or designee;
4. The Director of the Commission's Office of Education or designee; and
5. Such other personnel, as may be designated by the Superintendent.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 8 - INSTITUTIONAL CLASSIFICATION › Section 13:95-8.2 - Juvenile classification files

Current through Register Vol. 56, No. 14, July 15, 2024
Juvenile classification files shall be maintained at each secure facility with respect to the juveniles housed therein, or at such other location as may be determined by the Executive Director. An electronic back up file shall be kept at the Commission's Office of Classification.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 8 - INSTITUTIONAL CLASSIFICATION › Section 13:95-8.3 - Classification decisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Classification decisions by an ICC shall be made only after consideration of all factors relevant to the particular juvenile. Such factors shall include, but shall not be limited to, the juvenile's:
1. Age;
2. Expressed needs and interests;
3. Adjustment to facilities;
4. Educational needs and history;
5. Vocational needs and history;
6. Present offense, including its nature and circumstances;
7. Prior offense record;
8. Family history;
9. Records from previous confinements;
10. Detainers on file or pending;
11. Substance abuse assessment;
12. Escape history;
13. Current psychological and psychiatric reports;
14. Medical history and recommendations; and
15. Information provided by the State Parole Board.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 8 - INSTITUTIONAL CLASSIFICATION › Section 13:95-8.4 - Classification upon assignment to a secure facility

Current through Register Vol. 56, No. 14, July 15, 2024
The classification officer at the secure facility to which a juvenile is assigned shall obtain the juvenile's existent classification evaluations and reports. These evaluations and reports shall be available at the juvenile's initial appearance before an ICC, which shall occur within 15 days after admission to the secure facility.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 8 - INSTITUTIONAL CLASSIFICATION › Section 13:95-8.5 - Special reviews; juvenile requests for transfer to another Commission program or facility

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A juvenile has the right to make a request for a change in any assignment or status under the jurisdiction of an ICC. All such requests shall be submitted on a Special Classification Request Form, Form J081, and directed to a social worker. Upon receipt of the Form J081, the social worker shall forward it to other personnel, as appropriate.
(b) Requests for transfers to another Commission program or facility shall be processed in accordance with 13:100-2.7.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 8 - INSTITUTIONAL CLASSIFICATION › Section 13:95-8.6 - Early review

Current through Register Vol. 56, No. 14, July 15, 2024
A juvenile's case may be scheduled for review by an ICC, prior to a regular review date, when referred for such review by secure facility staff.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 8 - INSTITUTIONAL CLASSIFICATION › Section 13:95-8.7 - Work assignments

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An ICC shall be responsible for confirming the assignment or approval of work details for juveniles. Decisions on work assignments shall be made based upon the availability of jobs, and upon the juvenile's:
1. Physical condition;
2. Mental and mechanical aptitudes;
3. Work experience;
4. Occupational interests; and
5. Needs and opportunities upon release.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 8 - INSTITUTIONAL CLASSIFICATION › Section 13:95-8.8 - Education assignments

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An ICC shall be responsible for confirming the assignment or approval of juveniles to participate in vocational, social or educational programs. Determining factors in assigning a juvenile to these programs shall include:
1. Recommendations of the Office of Education;
2. Relevant test results;
3. The interests and aptitude of the juvenile;
4. The length of the juvenile's sentence; and
5. The plan for community employment.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 8 - INSTITUTIONAL CLASSIFICATION › Section 13:95-8.9 - Counseling assignments

Current through Register Vol. 56, No. 14, July 15, 2024
An ICC shall be responsible for confirming the assignment or approval of juveniles to counseling services based upon a review of all relevant factors. This review shall include, but shall not be limited to, review of the juvenile's psychological examination, predisposition report, identified risk factors and needs, and observation of the juvenile by staff.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 8 - INSTITUTIONAL CLASSIFICATION › Section 13:95-8.10 - Written procedures

Current through Register Vol. 56, No. 14, July 15, 2024
The Superintendent or his or her designee shall be responsible for developing written procedures consistent with this subchapter, which procedures shall be reviewed and updated annually.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 9 - TRANSPORTATION OF JUVENILES › Section 13:95-9.1 - Use of State-owned and privately owned vehicles

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Transportation of juveniles shall be done only in State-owned vehicles, except when emergencies or other unusual circumstances require the use of privately-owned vehicles.
(b) If it is necessary for a juvenile to ride in an employee's private vehicle, the employee must secure approval from the Superintendent or designee of the facility responsible for the juvenile prior to such transportation.
1. Employees shall be made aware of Commission policy regarding the use of private vehicles and the applicable liability provisions established by the Department of the Treasury, Division of Budget and Accounting.
2. When operating a private vehicle, the employee shall be in possession of a valid drivers license and proof that the vehicle is properly registered and insured.
3. The use of an employee's vehicle may be authorized, but not required, by the secure facility.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 9 - TRANSPORTATION OF JUVENILES › Section 13:95-9.2 - Transporting juveniles by aircraft

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When necessary to transport a juvenile by aircraft, the Director of Operations shall either:
1. Submit a request for assistance to Office of Interstate Services of the Department of Corrections; or
2. Select an alternative appropriate means of transport.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 9 - TRANSPORTATION OF JUVENILES › Section 13:95-9.3 - Transport of medium, maximum or close custody juveniles

Current through Register Vol. 56, No. 14, July 15, 2024
(a) State-owned vehicles used to transport medium, maximum or close custody juveniles shall be equipped with protective screening devices to separate juveniles from the driver. Opening devices on the inner rear doors and windows of passenger sedans shall be made inoperable. The rear door locking mechanism shall be modified so that it is redirected, making it accessible to the custody staff member only when the front door is open.
1. All vehicles used to transport juveniles shall be equipped with first aid kits and with bloodborne pathogen protection kits.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 9 - TRANSPORTATION OF JUVENILES › Section 13:95-9.4 - Transport of reduced custody juveniles

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Superintendent or designee shall make a determination with respect to the specific staffing and security arrangements required when transporting a reduced custody juvenile. In these cases, a careful review shall be made of the individual case to determine the most appropriate staffing and security arrangements for each trip.
(b) The searching of juveniles shall be in accordance with the requirements of N.J.A.C. 13:95-5.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 9 - TRANSPORTATION OF JUVENILES › Section 13:95-9.5 - Transportation documents

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to accepting escort responsibility for any juvenile, escorting custody staff members shall be informed of the following: juvenile's name and number, destination, custody designation, unusual medical, emotional, or mental conditions for which there is a need to know. Escorting custody staff members shall also be provided appropriate medical information setting forth any prescribed medication or instructions for special handling when transporting juveniles with medical or psychiatric conditions.
1. If a required medical report is not available, the escort staff members shall request the supervisor on duty at the sending facility program to provide a brief written statement documenting that any pre-existing injury or condition existed prior to turning over the custody of the juvenile.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 9 - TRANSPORTATION OF JUVENILES › Section 13:95-9.6 - Recall to court

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A juvenile shall only be produced in court by a writ of habeas corpus, writ of habeas corpus ad testificandum, post conviction relief order, or other order to produce which is to be received by the Commission's Centralized Intake Unit 48 business hours prior to the scheduled court appearance.
1. It shall be improper to produce a juvenile in court on a subpoena only.
2. Writs of habeas corpus must be signed by either a New Jersey State Superior Court judge or a Federal court judge. No other writs to produce shall be honored.
3. Questions concerning the validity of any writ shall be referred to the Office of the Director of Operations.
4. Any requests for exception to this policy shall be referred to the Office of the Director of Operations.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 9 - TRANSPORTATION OF JUVENILES › Section 13:95-9.7 - Juvenile supervision

Current through Register Vol. 56, No. 14, July 15, 2024
(a) During escort, juveniles shall be carefully guarded to prevent escape and receipt of contraband.
(b) No communication between juvenile and public shall be permitted at any time during escort.
(c) A juvenile's special requests during escort not related to the purpose of the trip shall not be honored. The juvenile shall be immediately returned to the secure facility upon completion of the trip's purpose.
(d) If, while at court, the judge approves an interview of the juvenile with an attorney, the escorting custody staff member shall be present during the interview. The escorting custody staff member shall not monitor the attorney-client conversation, and shall not discuss with the attorney any matter that involves custody staff operations.
(e) In accordance with N.J.A.C. 13:95-20, a juvenile shall be taken directly to the bedside of an ill relative, private viewing, or funeral visit. Side trips for any purpose shall not be permitted. A juvenile on such a trip shall not be allowed out of sight of the escorting custody staff member.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 9 - TRANSPORTATION OF JUVENILES › Section 13:95-9.8 - Emergencies

Current through Register Vol. 56, No. 14, July 15, 2024
Escorting custody staff members shall immediately notify the Superintendent, or designee, if an emergency arises during the transportation of a juvenile. If time or other considerations makes it impossible to contact the Superintendent, the local law enforcement authorities may be notified by the escorting custody staff members without prior clearance by the Superintendent.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 9 - TRANSPORTATION OF JUVENILES › Section 13:95-9.9 - Transporting parole violators and escapees with physical injuries

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to accepting responsibility for an injured parole violator or escapee to be escorted, the escort custody staff members shall make every effort to obtain written information on how the injury occurred and whether medical aid was administered. A copy of a medical report shall be obtained to aid medical authorities at the receiving secure facility.
(b) If a medical report is not available, the escort custody staff members shall request the supervisor on duty at the sending secure facility to provide a brief written statement that the injury was received prior to turning over the custody of the parole violator or escapee.
(c) Upon arrival at the receiving secure facility, Center Control shall be notified so that the parole violator or escapee may be promptly seen by staff in the medical department.
(d) The physical condition of the injured parole violator or escapee shall be photographed by the receiving secure facility. A full and accurate written description of the injury shall be provided.
(e) A brief written report of the injury shall be submitted to the shift supervisor.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 9 - TRANSPORTATION OF JUVENILES › Section 13:95-9.10 - Clothing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Escorting custody staff members shall wear civilian clothing when going to any Federal court or when directed by the supervisor. All other escorting custody staff members shall wear uniforms.
(b) Juveniles shall wear civilian clothing on court trips.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 9 - TRANSPORTATION OF JUVENILES › Section 13:95-9.11 - Medical transportation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In emergency situations when a non-ambulatory medium, maximum or close custody juvenile is in need of hospitalization or treatment outside of the secure facility, he or she shall be transported by ambulance, or by a State-owned vehicle if an ambulance is unavailable. A State-owned vehicle shall be used to transport an ambulatory juvenile who is in need of hospitalization or treatment outside of the facility.
(b) When a juvenile is transported by ambulance, a custody staff member shall accompany him or her in the ambulance and another custody staff member shall follow the ambulance in a back-up car. When a juvenile is transported by a State-owned vehicle, the ratio of escorting custody staff members to juveniles shall be governed by 13:95-9.3(h).
(c) The use of mechanical restraints and equipment when transporting a juvenile for hospitalization or treatment shall be governed by the use of force rules found in N.J.A.C. 13:95-3 and the nature of the illness or injury.
(d) When a reduced custody juvenile requires medical transport, the Superintendent or designee shall make a determination with respect to specific staffing and security arrangements required. In these cases, a careful review shall be made of the individual case to determine the appropriate vehicle, staffing and security arrangements for each trip.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 9 - TRANSPORTATION OF JUVENILES › Section 13:95-9.12 - Transportation costs in a civil action

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The costs of transporting a juvenile to court for civil action will be paid by the Commission when:
1. The cause of action is related to the juvenile's confinement;
2. The cause of action is a Family Court matter such as, but not limited to, matrimonial and child custody; or
3. The juvenile is a defendant and the plaintiff is a governmental entity.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 9 - TRANSPORTATION OF JUVENILES › Section 13:95-9.13 - Written internal management procedures

Current through Register Vol. 56, No. 14, July 15, 2024
Each secure facility responsible for juvenile transportation shall prepare written internal management procedures governing the transportation of juveniles outside of the secure facility, consistent with the requirements of this subchapter. These procedures shall be made available to all personnel involved in transporting juveniles and shall be reviewed at least annually and updated as necessary.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 10 - SECURITY PROCEDURES FOR ADMINISTRATIVE TRANSFERS OF JUVENILES FROM SECURE FACILITY SATELLITE UNITS AND COMMUNITY PROGRAMS › Section 13:95-10.1 - Use of mechanical restraints

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Secure facility satellite units and community programs shall notify the Office of Investigations and the appropriate secure facility when a decision has been made to remove a juvenile from a program. Either the Office of Investigations or the secure facility shall assign escorting custody staff personnel to make the transfer. The escorting custody staff personnel shall routinely carry restraint equipment in order that the transfer will be made in a safe and secure manner.
(b) The juvenile shall not be informed of his or her impending removal from the program prior to the arrival of escorting custody staff personnel responsible for making the transfer. Upon arrival of the escorting custody staff personnel, the juvenile to be transferred shall be identified and he or she shall immediately be secured with mechanical restraints in accordance with the use of force rules in N.J.A.C. 13:95-3.
(c) When a juvenile is to be returned to a secure facility for any reason that creates an increased likelihood of an escape attempt, staff members of the secure facility satellite unit or community program shall put into effect the security measures necessary to prevent an escape.
(d) Juveniles assigned to secure facility satellite units and community facilities may be transported to medical or dental appointments, approved interviews, Parole Board hearings and other similar destinations without the use of mechanical restraints, such as handcuffs and security belts.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 10 - SECURITY PROCEDURES FOR ADMINISTRATIVE TRANSFERS OF JUVENILES FROM SECURE FACILITY SATELLITE UNITS AND COMMUNITY PROGRAMS › Section 13:95-10.2 - Juvenile personal property

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All personal property of a handcuffed juvenile shall be packed in his or her presence to ensure an accurate inventory.
(b) In instances where the juvenile's behavior becomes disruptive while his or her personal property is being packed, and the disruption poses a threat to the orderly operation of the unit, the juvenile shall be removed from the facility and his or her personal property shall be forwarded to the receiving secure facility immediately following the transfer.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 10 - SECURITY PROCEDURES FOR ADMINISTRATIVE TRANSFERS OF JUVENILES FROM SECURE FACILITY SATELLITE UNITS AND COMMUNITY PROGRAMS › Section 13:95-10.3 - Juvenile supervision

Current through Register Vol. 56, No. 14, July 15, 2024
Escorting custody staff personnel and/or custody staff members from the receiving secure facility shall be in the presence of the juvenile during the entire transfer process.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 11 - PROTECTIVE AND TEMPORARY CLOSE CUSTODY; ROOM RESTRICTION FOR CONTROL › Section 13:95-11.1 - Forms

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following forms are related to protective and temporary close custody (see also 13:95-1.4 ):
1. J146-I Voluntary-Protective Custody Consent;
2. J146-II Notice of Protective Custody Hearing-Involuntary;
3. J146-III Protective Custody Hearing Adjudication; and
4. J146-IV Protective Custody Release.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 11 - PROTECTIVE AND TEMPORARY CLOSE CUSTODY; ROOM RESTRICTION FOR CONTROL › Section 13:95-11.2 - Admission to protective custody

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A juvenile may be placed in protective custody by any of the following means:
1. On the recommendation of the Office of Investigations;
2. On the recommendation of a sentencing court or prosecutor, subject to approval of the Superintendent. The recommendation must be accompanied by a statement of justifiable reasons to support such placement;
3. On the recommendation of a secure facility non-custody staff person or a custody staff member of the rank of Sergeant or above. Emergency placement shall be reviewed and approved within 24 hours by the shift supervisor;
4. On the order of the Superintendent; Director of Operations; Deputy Executive Director; or Executive Director; or
5. Voluntarily, on the juvenile's request.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 11 - PROTECTIVE AND TEMPORARY CLOSE CUSTODY; ROOM RESTRICTION FOR CONTROL › Section 13:95-11.3 - Hearing procedure for involuntary placement to protective custody

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A juvenile under consideration for placement in protective custody shall be given written notice on Form J146-II Notice of Protective Custody Hearing Involuntary as soon as practicable.
(b) A juvenile in emergency protective custody shall be given written notice on Form J146-II within 24 hours of his or her placement in emergency protective custody, including weekends and holidays, unless there are exceptional circumstances, unavoidable delays or reasonable postponements.
(c) The written notice shall be given to the juvenile at least 24 hours prior to the in-person hearing provided for in (i) below. The notice shall be signed by the staff person delivering it and the date and time of delivery shall be noted.
(d) The notice shall include the following:
1. A statement of reasons utilized by the administration to initiate the protective custody hearing procedure;
2. The date of the protective custody hearing; and
3. Notification that the juvenile may present any relevant evidence supporting or contesting placement in protective custody.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 11 - PROTECTIVE AND TEMPORARY CLOSE CUSTODY; ROOM RESTRICTION FOR CONTROL › Section 13:95-11.4 - Appeal procedures for protective custody placement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The juvenile shall be advised of the opportunity to appeal to the Superintendent or designee at the time that the juvenile is provided with the protective custody hearing decision (Form J146-III Protective Custody Hearing Adjudication).
(b) The juvenile shall have five business days from the date he or she receives the protective custody decision to submit a letter of appeal.
(c) All appeals shall be reviewed by the Superintendent and the following factors shall be considered:
1. Whether there was compliance with this subchapter;
2. Whether the decision was based on reliable information; and
3. Whether the decision to place the juvenile in protective custody was justifiable considering the juvenile's safety and the continued secure, orderly operation of the secure facility.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 11 - PROTECTIVE AND TEMPORARY CLOSE CUSTODY; ROOM RESTRICTION FOR CONTROL › Section 13:95-11.5 - Review of juveniles in protective custody

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each juvenile in protective custody, whether voluntary or involuntary, shall be reviewed at least monthly by the Classification Committee.
(b) A juvenile who is placed in protective custody involuntarily shall, in every case, have an in-person hearing once every three months in accordance with procedures specified in 13:95-11.3 and 11.4.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 11 - PROTECTIVE AND TEMPORARY CLOSE CUSTODY; ROOM RESTRICTION FOR CONTROL › Section 13:95-11.6 - Release of juveniles in Protective Custody Units

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A juvenile who has voluntarily signed himself or herself into protective custody may sign himself or herself out upon completion of a Form J146-IV, provided the Classification Committee and the Superintendent or designee are satisfied that there is no known danger to the juvenile's well-being.
(b) A juvenile who has been placed in protective custody involuntarily may be released by the Superintendent or designee, upon recommendation by the Classification Committee when they are satisfied that the conditions giving rise to the juvenile's placement in protective custody have abated or do not exist.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 11 - PROTECTIVE AND TEMPORARY CLOSE CUSTODY; ROOM RESTRICTION FOR CONTROL › Section 13:95-11.7 - Transfers; record maintenance

Current through Register Vol. 56, No. 14, July 15, 2024
All transfers into or out of a Protective Custody Unit shall be entered on the juvenile's classification progress record.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 11 - PROTECTIVE AND TEMPORARY CLOSE CUSTODY; ROOM RESTRICTION FOR CONTROL › Section 13:95-11.8 - Secure facility procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every secure facility shall be responsible for developing written unit internal management procedures and/or post orders consistent with this subchapter.
(b) All written post orders and procedures developed in accordance with this subchapter shall be submitted to the Executive Director or designee for approval before implementation.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 11 - PROTECTIVE AND TEMPORARY CLOSE CUSTODY; ROOM RESTRICTION FOR CONTROL › Section 13:95-11.9 - Placement in temporary close custody

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A juvenile shall not be placed in temporary close custody for a period in excess of 72 hours unless exceptional circumstances warrant an extension of time. Exceptional circumstances may include, but are not limited to, information received or substantial evidence found.
(b) Criteria for placement of a juvenile in temporary close custody status are:
1. Reasonable suspicion exists to indicate that the juvenile is engaged in, or is planning a serious violation of secure facility rules, on which disciplinary action is considered premature;
2. Reasonable suspicion exists to indicate that the juvenile is in possession of, or plans to obtain, contraband which may pose a danger to the juvenile or others;
3. The juvenile exhibits assaultive, self-mutilating and/or threatening behavior related to a medical or psychiatric condition, in the written opinion of a psychiatrist, psychologist or medical doctor; and/or
4. Any other reason, which, in the opinion of the Superintendent, or designee, requires temporary close custody confinement to protect the juvenile, staff, general public, and/or the security and control of the secure facility.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 11 - PROTECTIVE AND TEMPORARY CLOSE CUSTODY; ROOM RESTRICTION FOR CONTROL › Section 13:95-11.10 - Room restriction for control

Current through Register Vol. 56, No. 14, July 15, 2024
(a) With the prior approval of the Superintendent or designee, at any time the shift commander may order that a juvenile be placed in room restriction for control, when necessary to eliminate an immediate and substantial risk of harm to the juvenile, staff, or other juveniles, or to the security of the facility, and all other less-restrictive options have been exhausted.
(b) A juvenile shall remain in room restriction for control only for the time necessary to eliminate the underlying threat.
1. A juvenile shall not be kept in room restriction for control for a period in excess of eight hours unless a written determination has been made by the Superintendent or designee that the juvenile continues to pose an immediate and substantial risk of harm to the juvenile, staff, or other juveniles, or to the security of the facility.
i. Subject to the provisions of (b)2 and 3 below, successive extensions are permitted, provided that each extension must fully conform to the authorization and approval requirements of this paragraph.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 12 - JUVENILE ORIENTATION AND HANDBOOK › Section 13:95-12.1 - Responsibility for orientation

Current through Register Vol. 56, No. 14, July 15, 2024
The Superintendent of the secure facility shall designate a staff person to be responsible for orientation of juveniles.