New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 94 - DETENTION OF JUVENILES IN MUNICIPAL AND OTHER ADULT FACILITIES › Subchapter 1 - GENERAL REQUIREMENTS › Section 13:94-1.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise.
"Act of delinquency" means the commission of an act by a juvenile that if committed by an adult would constitute either a crime, a disorderly persons offense, a petty disorderly persons offense, or a violation of any other penal statute, ordinance or regulation, as limited by 2A:4A-23.
"Adult facility" or "facility" means any jail, lockup or other similar facility used for the detention of adults and which may be used to detain juveniles, whether or not the facility was designed or intended for such purpose, and that is operated either by:
1. The State of New Jersey;
2. A county, township, municipality, or other instrumentality of the State of New Jersey;
3. An agency or authority of, or administered in whole or part by the State of New Jersey; or
4. A private university, arena, amusement park or other similar institution.
"Commission" means the New Jersey Juvenile Justice Commission.
"Department of Corrections" means the New Jersey Department of Corrections.
"Detain" means any holding of a person in police custody, whether pending court or other disposition of charges filed or to be filed against the person, or under circumstances where the person is being held on account of a serious danger to the person's health or safety.
"Detention" means a situation in which a person is being detained.
"JJDP Act" means the Juvenile Justice and Delinquency Prevention Act of 2002, P.L. 107-273, 42 U.S.C. §§
										5601 et seq., and regulations thereunder, 28 CFR 31.303.
"Juvenile" means an individual who is under the age of 18 years.
"Non-offender" means a detained juvenile, other than one charged with an act of delinquency or a status offense.
"Non-secure custody" means detention in conditions such that an individual is not being held in secure custody.
"Secure area" means a building or an area within a building that restricts the mobility of an individual in custody through the use of hardware or architectural features.
"Secure custody" means detention in conditions such that:
1. The individual is held in a secure room or cell or other secure area;
2. The area where the individual is held is located within a larger secure perimeter;
3. The area where the individual is held is designed or intended to be used for residential purposes;
4. The individual is physically secured to a cuffing rail or other stationary object;
5. The individual is held in conditions that violate the sight and sound restrictions of 13:94-2.1;
6. The individual is held in conditions that violate the supervision requirement of 13:94-2.5(d); or
7. The individual is held in a facility with a delayed egress device having a delay of greater than 30 seconds, or any delayed egress device that is not in compliance with the Building Subcode of the Uniform Construction Code, N.J.A.C. 5:23.
"Sight and sound separation" means the maintenance of physical separation between a juvenile and a securely held adult so that both sustained visual contact and direct and sustained oral communication between them is not possible.
"Status offender" means a juvenile accused, charged or adjudicated for conduct that, under the laws of the jurisdiction in which the conduct took place, would not be a crime if committed by an adult, or a juvenile detained protectively because the juvenile's health or safety is in serious danger.
"Status offense" means conduct that if committed by an adult would not constitute a crime in the jurisdiction in which the conduct occurred.