reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 101 - JUVENILE DISCIPLINE › Subchapter 5 - IMMEDIATE CORRECTIVE ACTION PROCEDURES › Section 13:101-5.1 - Immediate corrective action report

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When a violation as set forth at 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 shall be completed immediately following the violation or as soon thereafter as practicable, but not later than the end of the shift on which the violation occurred. The form shall be distributed as follows:
1. One copy of the form shall be served on the juvenile; and
2. Two copies shall be forwarded immediately to the shift supervisor or unit manager, as appropriate.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 101 - JUVENILE DISCIPLINE › Subchapter 5 - IMMEDIATE CORRECTIVE ACTION PROCEDURES › Section 13:101-5.2 - Immediate corrective action conference

Current through Register Vol. 56, No. 14, July 15, 2024
(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 shall hold the conference prior to the expiration of the shift during which the Immediate Corrective Action Form was received.
(b) A juvenile may waive the conference or may forfeit the right to attend if the juvenile's behavior justifies his or her removal from the conference. A waiver or removal shall be documented on the Immediate Corrective Action Form. In either case, the shift supervisor or unit manager shall review the form and appropriateness of the proposed sanction.
(c) Following the conference or review, the shift supervisor or unit manager shall:
1. Sustain the violation of a disciplinary rule and concur with the proposed corrective action or change the proposed sanction to another authorized corrective action (13:101-5.3 );
2. Conclude that a more serious sanction is necessary and refer the matter to the Disciplinary Hearing Officer for a disciplinary hearing in accordance with 13:101-5.6; or
3. Determine that there is no cause for action and dismiss the charge.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 101 - JUVENILE DISCIPLINE › Subchapter 5 - IMMEDIATE CORRECTIVE ACTION PROCEDURES › Section 13:101-5.3 - Authorized immediate corrective actions

Current through Register Vol. 56, No. 14, July 15, 2024
(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 used as a sanction;
2. Requiring a juvenile to pay for repair of damaged property; to repair the damage, or to complete a work task;
3. Up to four hours in a secure environment under observation;
4. Facility restriction;
i. Facility restriction shall not exceed 48 hours without approval of the Superintendent;
ii. Juveniles who receive facility restrictions shall discuss their behavior and the results of their behavior with a staff member prior to rejoining the general population; and
iii. Facility restrictions shall be entered in the facility or housing unit log book;
5. Formal reprimand communicated to a juvenile by a Sergeant, or above; and
6. Up to four hours of extra work duty.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 101 - JUVENILE DISCIPLINE › Subchapter 5 - IMMEDIATE CORRECTIVE ACTION PROCEDURES › Section 13:101-5.4 - Imposition of immediate corrective action

Current through Register Vol. 56, No. 14, July 15, 2024
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.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 101 - JUVENILE DISCIPLINE › Subchapter 5 - IMMEDIATE CORRECTIVE ACTION PROCEDURES › Section 13:101-5.5 - Record of immediate corrective action

Current through Register Vol. 56, No. 14, July 15, 2024
(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 notes or be included in the reports presented to the New Jersey State Parole Board.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 101 - JUVENILE DISCIPLINE › Subchapter 5 - IMMEDIATE CORRECTIVE ACTION PROCEDURES › Section 13:101-5.6 - Referral to the Disciplinary Hearing Officer for a disciplinary hearing

Current through Register Vol. 56, No. 14, July 15, 2024
(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 required information, including a statement of reasons for the referral and any recommendations. The Notice and copies of all relevant documents shall be forwarded to the Disciplinary Hearing Officer.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 101 - JUVENILE DISCIPLINE › Subchapter 6 - DISCIPLINARY PROCEEDINGS › Section 13:101-6.1 - Designation and Authority of the Disciplinary Hearing Officer

Current through Register Vol. 56, No. 14, July 15, 2024
(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 have access to all facility records, which are relevant and necessary to the adjudication of any disciplinary case.
(c) The Disciplinary Hearing Officer shall have the discretion to keep the hearing within reasonable limits and to refuse to permit the collection and presentation of evidence that is not necessary for an adequate understanding of the case. The Disciplinary Hearing Officer shall exercise control over all presentations to prevent lack of relevancy, harassment, abuse or repetitiveness and to insure that the hearing does not develop into an adversary proceeding.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 101 - JUVENILE DISCIPLINE › Subchapter 6 - DISCIPLINARY PROCEEDINGS › Section 13:101-6.2 - Disciplinary report

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except for those matters handled by immediate corrective action (N.J.A.C. 13:101-5 ), when a violation as identified in 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 of Violation and forward it to the appropriate supervisor.
(b) The supervisor may handle the matter as an immediate corrective action or forward it to the Disciplinary Hearing Officer for further disposition.
(c) The Notice of Violation shall be served upon the juvenile within 24 hours after the violation unless there are exceptional circumstances. The notice shall be delivered by the reporting staff member or the investigating staff member. The notice shall be signed by the person delivering it and the date and time of delivery shall be noted. The juvenile shall have at least 24 hours to prepare his or her defense.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 101 - JUVENILE DISCIPLINE › Subchapter 6 - DISCIPLINARY PROCEEDINGS › Section 13:101-6.3 - Use immunity

Current through Register Vol. 56, No. 14, July 15, 2024
(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 derived directly or indirectly from those statements shall not be used in any subsequent criminal or delinquency proceeding. The failure to give this warning by the investigating staff member shall not be grounds for dismissing the disciplinary report. The Disciplinary Hearing Officer at his or her discretion may grant a postponement if it is determined that such failure has precluded the juvenile from adequately preparing his or her defense at the hearing.
(b) A juvenile's failure to invoke use immunity and make a statement in his or her defense may be considered by the Disciplinary Hearing Officer together with the other evidence in decision making.
(c) Charges shall not be sustained at a disciplinary hearing, however, solely upon a juvenile's silence.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 101 - JUVENILE DISCIPLINE › Subchapter 6 - DISCIPLINARY PROCEEDINGS › Section 13:101-6.4 - Investigation

Current through Register Vol. 56, No. 14, July 15, 2024
(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 conduct investigations of all violations.
(c) Whenever a juvenile is under special observation status, the investigator shall advise the facility's Superintendent who shall refer the juvenile for a psychiatric and/or psychological evaluation. In all other cases, the investigator may request that the facility's Superintendent refer the juvenile for a psychiatric and/or psychological evaluation. The Superintendent shall determine the need to obtain a psychological and/or psychiatric evaluation based upon the nature of the violation and all other relevant information.
1. In those cases where a psychological and/or psychiatric evaluation is necessary, the Superintendent shall forward a written request for evaluation to the facility's lead psychologist.
2. Upon completion and receipt of the evaluation report, the Disciplinary Hearing Officer shall consider the information provided in the evaluation report along with any other information gathered during the investigation.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 101 - JUVENILE DISCIPLINE › Subchapter 6 - DISCIPLINARY PROCEEDINGS › Section 13:101-6.5 - Requiring further investigation of charges

Current through Register Vol. 56, No. 14, July 15, 2024
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 Hearing Officer shall append the supplementary information, in writing, to the original investigation report. The person who supplied the additional information shall sign that section of the report.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 101 - JUVENILE DISCIPLINE › Subchapter 6 - DISCIPLINARY PROCEEDINGS › Section 13:101-6.6 - Scheduling disciplinary hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(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 holidays, unless the hearing is prevented by exceptional circumstances, unavoidable delays or reasonable postponements. Should the third day fall on a Saturday, Sunday or holiday, the last day for the hearing shall be the weekday immediately following the weekend or holiday.
(c) Juveniles held in prehearing room restriction, as provided for in N.J.A.C. 13:101-8, shall receive a hearing within three days, including weekends and holidays, unless there are exceptional circumstances, unavoidable delays or reasonable postponements. Should the third day fall on a Saturday, Sunday or holiday, the hearing shall be held on the weekday immediately following the weekend or holiday.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 101 - JUVENILE DISCIPLINE › Subchapter 6 - DISCIPLINARY PROCEEDINGS › Section 13:101-6.7 - Review of postponed cases

Current through Register Vol. 56, No. 14, July 15, 2024
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.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 101 - JUVENILE DISCIPLINE › Subchapter 6 - DISCIPLINARY PROCEEDINGS › Section 13:101-6.8 - Failure to adhere to time limits

Current through Register Vol. 56, No. 14, July 15, 2024
(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. Such discretion shall be guided by the following factors:
1. The length of the delay;
2. The reason for the delay;
3. Prejudice to the juvenile in preparing his or her defense; and
4. The seriousness of the alleged infraction.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 101 - JUVENILE DISCIPLINE › Subchapter 6 - DISCIPLINARY PROCEEDINGS › Section 13:101-6.9 - Right of juvenile to appear at disciplinary hearing

Current through Register Vol. 56, No. 14, July 15, 2024
(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 excluding a juvenile from the hearing must be well documented in the record.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 101 - JUVENILE DISCIPLINE › Subchapter 6 - DISCIPLINARY PROCEEDINGS › Section 13:101-6.10 - In absentia hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(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 has been given every opportunity to be present for his or her disciplinary hearing:
1. The escorting staff member shall report the juvenile's refusal to appear before the Disciplinary Hearing Officer.
2. A staff member shall deliver to the juvenile who refuses to appear a Refusal to Attend Hearing Notice that includes the following statement: "I voluntarily refuse to appear at this hearing. I understand that the hearing will be held in my absence."
3. The staff member shall advise the juvenile that refusal to appear at the disciplinary hearing may result in an incomplete understanding by the Disciplinary Hearing Officer of the circumstances surrounding the charges lodged against the juvenile. If the juvenile still refuses to appear at the disciplinary hearing, the juvenile shall be requested to sign Refusal to Attend Hearing Notice immediately after the statement noted above in (b)2 above.
4. In the event the juvenile refuses to sign his or her name where designated on the Refusal to Attend Hearing Notice and still refuses to appear, the notice shall be returned to the Disciplinary Hearing Officer and the following statement on the notice shall be acknowledged by the signature of the investigating staff member:
"Juvenile refuses to sign
________________________________________."
Signature of Staff Member, Date
5. The Disciplinary Hearing Officer shall ensure that the following statement shall be included in the juvenile statement section of the Disciplinary Review Report: "No statement taken as the juvenile refused to appear at the hearing."
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 101 - JUVENILE DISCIPLINE › Subchapter 6 - DISCIPLINARY PROCEEDINGS › Section 13:101-6.11 - Aid in presentation of juvenile$DQ$s case

Current through Register Vol. 56, No. 14, July 15, 2024
(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 own behalf, the juvenile shall receive the services of a counsel substitute or the juvenile may request representation by a staff member.
(c) Where the juvenile requests the services of a staff member, the Superintendent or his or her designee may appoint a staff member to provide representation.
(d) The counsel substitute and/or the staff member shall be permitted reasonable time to speak to the juvenile and shall be given at least 24 hours to prepare the juvenile's defense.
(e) If necessary, the juvenile shall be allowed to present a defense through an interpreter.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 101 - JUVENILE DISCIPLINE › Subchapter 6 - DISCIPLINARY PROCEEDINGS › Section 13:101-6.12 - Opportunity to call witnesses and present evidence

Current through Register Vol. 56, No. 14, July 15, 2024
(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 necessary for proper understanding of the circumstances surrounding the charge. The Disciplinary Hearing Officer has the discretion to keep the hearing within reasonable limits and to refuse to call repetitive witnesses and witnesses who may create a risk of reprisal. For purposes of this subsection, "repetitive witnesses" are witnesses who provide the same account as a previous witness(es). "Repetitive witnesses" are not intended to refer to the calling of a witness(es) who previously provided written documentary evidence. Unavailable witnesses may be asked to submit written statements. If the Disciplinary Hearing Officer shall refuse to call one or more witnesses, the reasons for each such refusal shall be separately specified on the Disciplinary Review Report.
(b) Witnesses requested by the juvenile who are called may be questioned by the Disciplinary Hearing Officer and the juvenile, the staff member or counsel substitute. Juveniles or their representatives may request that certain questions be directed by the Disciplinary Hearing Officer to any witness. The Disciplinary Hearing Officer may take testimony in a manner or form, which is determined to be necessary to protect facility safety. Such manner or form shall include, but shall not be limited to, the consideration of confidential reports.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 101 - JUVENILE DISCIPLINE › Subchapter 6 - DISCIPLINARY PROCEEDINGS › Section 13:101-6.13 - Confrontation and cross examination

Current through Register Vol. 56, No. 14, July 15, 2024
(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) The Disciplinary Hearing Officer may refuse confrontation and cross examination when said would be unduly hazardous to facility safety.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 101 - JUVENILE DISCIPLINE › Subchapter 6 - DISCIPLINARY PROCEEDINGS › Section 13:101-6.14 - Evidence required for sustaining charges

Current through Register Vol. 56, No. 14, July 15, 2024
(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 Hearing Officer's decision to sustain charges is based on evidence that includes confidential information, the report shall contain:
i. A concise summary of the facts on which the Disciplinary Hearing Officer concluded that the informant was credible or his or her information reliable; and
ii. The informant's statement (either in writing or as reported) in language that is factual rather than a conclusion, and based on the informant's personal knowledge of the matters contained in such statement.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 101 - JUVENILE DISCIPLINE › Subchapter 6 - DISCIPLINARY PROCEEDINGS › Section 13:101-6.15 - Modification of charge during disciplinary hearing

Current through Register Vol. 56, No. 14, July 15, 2024
(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-hour postponement to prepare his or her defense against the new charge or to adjudicate the new charge at that time.
(b) After reviewing the charge and all available information, the Disciplinary Hearing Officer may conclude that the infraction is of a minor nature and handle it as an immediate corrective action.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 101 - JUVENILE DISCIPLINE › Subchapter 6 - DISCIPLINARY PROCEEDINGS › Section 13:101-6.16 - Disciplinary consequences

Current through Register Vol. 56, No. 14, July 15, 2024
(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 the juvenile; and
5. Juvenile's history of or the presence of special needs.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 101 - JUVENILE DISCIPLINE › Subchapter 6 - DISCIPLINARY PROCEEDINGS › Section 13:101-6.18 - Suspending sanctions

Current through Register Vol. 56, No. 14, July 15, 2024
(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 behavior throughout the period of suspension, the juvenile shall be relieved of the sanction(s).
(c) If the juvenile commits further violations of the facility's rules or regulations during the period of the suspension, the Disciplinary Hearing Officer shall enforce the sanction(s) that was suspended and impose an additional sanction(s) for the new violation(s).
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 101 - JUVENILE DISCIPLINE › Subchapter 6 - DISCIPLINARY PROCEEDINGS › Section 13:101-6.19 - Guidance

Current through Register Vol. 56, No. 14, July 15, 2024
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.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 101 - JUVENILE DISCIPLINE › Subchapter 6 - DISCIPLINARY PROCEEDINGS › Section 13:101-6.20 - Transfers

Current through Register Vol. 56, No. 14, July 15, 2024
(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 Disciplinary Hearing Officer for adjudication of his or her disciplinary charges.
(b) In those instances in (a) above, and in all others involving the transfer of a juvenile to another facility as a result of a disciplinary charge, the Notice of Violation shall be served and the disciplinary hearing shall be granted after the transfer.
(c) The sending facility shall be responsible for preparing the disciplinary charges and forwarding them to the facility receiving the juvenile.
(d) The receiving facility shall be responsible for conducting the investigation of the charges.
(e) The Disciplinary Hearing Officer assigned to the receiving facility shall conduct the hearing.
(f) All due process safeguards shall be provided as soon after the transfer as practicable and shall be in compliance with this subchapter except that written statements of unavailable witnesses shall be liberally accepted instead of live testimony.
(g) Except as set forth in (a) above, no juvenile in a Commission secure facility shall be transferred to a more secure facility as a result of a disciplinary charge unless the Superintendent and the Director of Operations have determined that there are conditions justifying the transfer.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 101 - JUVENILE DISCIPLINE › Subchapter 6 - DISCIPLINARY PROCEEDINGS › Section 13:101-6.21 - Disciplinary decision

Current through Register Vol. 56, No. 14, July 15, 2024
(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 discretion of the Disciplinary Hearing Officer, jeopardize facility security. The written statement shall also indicate the reason for refusing to call a witness or to disclose items of evidence whether it be for irrelevance, lack of necessity or other special circumstances presented in individual cases. When a juvenile has been denied the opportunity for confrontation and cross-examination, the reason for such denial shall be entered in the record and made available to the juvenile.
(b) A copy of the disciplinary decision shall be kept in the Disciplinary Hearing Officer's records and in the juvenile's classification folder unless the charge(s) against the juvenile has not been sustained in which case, the records of the charge(s) shall be expunged from the juvenile's classification folder.
(c) If the charges against the juvenile are sustained, the decision shall be entered on the juvenile's progress notes and included in reports submitted to the New Jersey State Parole Board.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 101 - JUVENILE DISCIPLINE › Subchapter 6 - DISCIPLINARY PROCEEDINGS › Section 13:101-6.22 - Discipline record card

Current through Register Vol. 56, No. 14, July 15, 2024
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 to another Commission facility.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 101 - JUVENILE DISCIPLINE › Subchapter 6 - DISCIPLINARY PROCEEDINGS › Section 13:101-6.23 - Expungement

Current through Register Vol. 56, No. 14, July 15, 2024
(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 investigation report and the adjudication sheet) shall be removed from the juvenile's classification folder. Copies of the disciplinary report, investigation and adjudication sheet shall be maintained by the facility and the Disciplinary Hearing Officer in the event of judicial review and for statistical and accounting purposes only. These records shall be maintained separately from the juvenile's classification folder.
(b) In the event that a charge that was sustained is rescinded on appeal and no further disciplinary action is taken, the juvenile's records shall be expunged in accordance with the above procedure. Copies of the appeal and the disposition on appeal shall be forwarded to the Disciplinary Hearing Officer for his or her records.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 101 - JUVENILE DISCIPLINE › Subchapter 6 - DISCIPLINARY PROCEEDINGS › Section 13:101-6.24 - Records of disciplinary reports

Current through Register Vol. 56, No. 14, July 15, 2024
(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 the juveniles;
2. The juveniles' numbers;
3. The juveniles' housing locations;
4. The violations of the juveniles;
5. The names of staff members who wrote the reports;
6. The disposition of the charges; and
7. The names of staff members who adjudicated the cases.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 101 - JUVENILE DISCIPLINE › Subchapter 7 - APPEALS OF DISCIPLINARY DECISIONS › Section 13:101-7.1 - Time limit to file an appeal

Current through Register Vol. 56, No. 14, July 15, 2024
(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 shall have 48 hours from receipt of the disciplinary decision to make such appeal.
(b) In all cases, the Superintendent or his or her designee may, for good cause shown, accept appeals submitted after the prescribed deadline.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 101 - JUVENILE DISCIPLINE › Subchapter 7 - APPEALS OF DISCIPLINARY DECISIONS › Section 13:101-7.2 - Processing appeal

Current through Register Vol. 56, No. 14, July 15, 2024
(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 sign, date and note the time on the original and copies in the juvenile's presence. A copy of the form shall be given to the juvenile.
(c) The Disciplinary Review Appeal Form shall be brought to the office of the Superintendent within 24 hours of receipt from the juvenile.
(d) All appeals shall be considered by the Superintendent or his or her designee of the facility at which the charge was adjudicated.
(e) If the juvenile is transferred before the appeal is received, the Disciplinary Review Appeal Form shall be delivered to the Superintendent of the facility at which the charge was adjudicated within 48 hours of its receipt from the juvenile.
(f) Juveniles unable to complete the Disciplinary Review Appeal Form may request assistance from another juvenile or staff member in preparing the form. When the form has been completed by a juvenile other than the juvenile who received the charge, or by a staff member, the name of the preparer shall appear on the form.
(g) When a juvenile requests assistance from a staff member, an appropriate staff member shall be appointed by the Superintendent or designee.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 101 - JUVENILE DISCIPLINE › Subchapter 7 - APPEALS OF DISCIPLINARY DECISIONS › Section 13:101-7.3 - Stay of consequences pending appeal

Current through Register Vol. 56, No. 14, July 15, 2024
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 disciplinary hearing.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 101 - JUVENILE DISCIPLINE › Subchapter 7 - APPEALS OF DISCIPLINARY DECISIONS › Section 13:101-7.4 - Investigation of appeal

Current through Register Vol. 56, No. 14, July 15, 2024
(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 action.
(b) The Superintendent or his or her designee shall have the option to request a total or partial reinvestigation of the charge or proceedings of the hearing. The reinvestigation may be conducted by any person or unit designated by the Superintendent or his or her designee, provided, however, that the individual shall have had no contact with the issuance of the first investigation of the charge.
(c) The reinvestigation may include any of the components of the original investigation such as re-interviewing witnesses, juveniles and custody staff, reevaluating reports and reexamining evidence.
(d) On the basis of new evidence, the Superintendent or his or her designee may also request a polygraph examination as part of the reinvestigation. A juvenile under the age of 18 who consents to take a polygraph examination shall take the examination only with the express written consent of his or her parent or guardian, or if there is an appropriately executed court order. All other factors relating to administering polygraph examinations to juveniles shall be handled in the same manner as to an adult inmate (See N.J.A.C. 10A:3-7 ). Pursuant to 2C:40A-1, no employee may be forced to consent to a polygraph examination as a prerequisite to employment or as a condition of retaining employment.
(e) In reviewing an appeal, the following factors shall be considered:
1. Compliance with the subchapters on juvenile discipline which prescribe procedural safeguards (see N.J.A.C. 13:101-6 );
2. Whether the decision of the Disciplinary Hearing Officer was based upon substantial evidence;
3. Whether the sanction imposed was proportionate to the offense in view of the juvenile's recent disciplinary history and present custody status;
4. Whether the juvenile has a history or presence of mental illness; and
5. Whether extenuating circumstances were considered.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 101 - JUVENILE DISCIPLINE › Subchapter 7 - APPEALS OF DISCIPLINARY DECISIONS › Section 13:101-7.5 - Disposition of appeal

Current through Register Vol. 56, No. 14, July 15, 2024
(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 that any violation was committed, or the Superintendent determines that there was such a failure to adhere to proper procedures at the initial hearing that the juvenile had been irreparably prejudiced and would be unable to present a defense at a rehearing. No further disciplinary action shall be taken. The copies of the infraction and all notations concerning the infraction shall be promptly expunged from the juvenile's records;
2. Rescind the original decision and order a new hearing if the review and/or investigation indicates that procedural safeguards prescribed for juvenile disciplinary hearings were not followed, or if new evidence not available at the original hearing is revealed. If a new hearing is ordered, there shall be no increase in the severity of the sanctions unless new evidence warrants such action;
3. Downgrade the sanctions if the review and/or investigation indicates that the sanction is disproportionate to the offense in accordance with factors enumerated in 13:101-6.16(a);
4. Order a new hearing if the review and/or investigation indicates that the evidence does not support the findings of the Disciplinary Hearing Officer but would support some form of disciplinary action for a lesser offense than that with which the juvenile was charged; or
5. Uphold the decision of the Disciplinary Hearing Officer and make no change in the penalty.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 101 - JUVENILE DISCIPLINE › Subchapter 7 - APPEALS OF DISCIPLINARY DECISIONS › Section 13:101-7.6 - Notification to juvenile of appeal results

Current through Register Vol. 56, No. 14, July 15, 2024
(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 juvenile within two business days of receipt of the appeal.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 101 - JUVENILE DISCIPLINE › Subchapter 7 - APPEALS OF DISCIPLINARY DECISIONS › Section 13:101-7.7 - Appeals resulting in rehearings

Current through Register Vol. 56, No. 14, July 15, 2024
(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 circumstances, a rehearing shall be scheduled no more than seven calendar days from the date of the original hearing.
2. When a disciplinary sanction has not been stayed pending the outcome of the appeal, a rehearing shall be scheduled within 24 hours of the decision of the Superintendent to have the matter reheard, excluding weekends and holidays, in the absence of exceptional circumstances.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 103 - COMMUNITY PROGRAMS › Subchapter 1 - GENERAL PROVISIONS › Section 13:103-1.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(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 13:103-1.3.
(b) Among the rules set forth in this chapter are rules addressing:
1. Uniform requirements for juvenile orientation;
2. Issuance and updating of a resident handbook in each residential facility;
3. The transportation of juveniles outside of the community program;
4. Handling of juveniles' mail, visits to and by juveniles, and juvenile access to courts;
5. Searches of juveniles and facilities in order to control and deter contraband;
6. Testing for prohibited substances;
7. Contraband and its seizure and disposal;
8. Housekeeping, sanitation, bedding, and laundry;
9. Use of force;
10. Juvenile hygiene and grooming; and
11. Juvenile discipline.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 103 - COMMUNITY PROGRAMS › Subchapter 1 - GENERAL PROVISIONS › Section 13:103-1.2 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
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.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 103 - COMMUNITY PROGRAMS › Subchapter 1 - GENERAL PROVISIONS › Section 13:103-1.4 - Forms

Current through Register Vol. 56, No. 14, July 15, 2024
(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 Urine, Chain of Custody;
4. LAB-46 Drug Abuse of Urine, Shipping;
5. CP171-I Seizure of Contraband Report;
6. CP171-II Juvenile Receipt, Contraband Seizure;
7. RCH Discipline Form;
8. JJ-001 Incident Report; and
9. Office of Substance Abuse Administration, Continuity of Evidence Form.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 103 - COMMUNITY PROGRAMS › Subchapter 1 - GENERAL PROVISIONS › Section 13:103-1.5 - Confidentiality and use of information relating to juveniles

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Records and statements in the possession of the Commission that are covered by the confidentiality provisions of 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 chapter. However, at no time shall this permitted use of such records and statements release or exempt them from the confidentiality provisions of this section.
(b) All facility records pertaining to juveniles charged as a delinquent, adjudicated delinquent, or found to be part of a juvenile-family crisis, including records relating to the suicide or suicide attempt of a juvenile, are confidential. All such records:
1. Shall be strictly safeguarded from public access;
2. Shall not be released, except when release is authorized under the provisions of 2A:4A-60; and
3. Shall not be subject to public inspection or copying pursuant to the Open Public Records Act, 47:1A-1 et seq.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 103 - COMMUNITY PROGRAMS › Subchapter 2 - JUVENILE ORIENTATION AND HANDBOOK; NOTIFICATION TO JUVENILES OF THEIR RIGHTS AND RESPONSIBILITIES › Section 13:103-2.1 - Responsibility for orientation

Current through Register Vol. 56, No. 14, July 15, 2024
The Superintendent of the community program shall designate a staff person to be responsible for orientation of juveniles.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 103 - COMMUNITY PROGRAMS › Subchapter 2 - JUVENILE ORIENTATION AND HANDBOOK; NOTIFICATION TO JUVENILES OF THEIR RIGHTS AND RESPONSIBILITIES › Section 13:103-2.2 - Staff and juvenile participation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Staff members from various components within the community program shall participate in orientation sessions to describe the programs, services, and/or activities of their components.
(b) The superintendent or designee may include longer residing juveniles in the orientation of those newly assigned to the community program.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 103 - COMMUNITY PROGRAMS › Subchapter 2 - JUVENILE ORIENTATION AND HANDBOOK; NOTIFICATION TO JUVENILES OF THEIR RIGHTS AND RESPONSIBILITIES › Section 13:103-2.3 - Scheduling orientation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Juveniles shall be provided an orientation session within two weeks of admission to a community program, unless compelling security or safety reasons dictate otherwise, or to do so would adversely affect the orderly operations of the community program.
(b) When assigned or transferred to another community program, juveniles shall be provided an orientation session within two weeks following admission to the new community program unless compelling security or safety reasons dictate otherwise or would adversely affect the orderly operations of the community program.
(c) Supplemental orientation sessions shall be held whenever necessary or appropriate to explain revised or changed subject matter that would require an update to the juvenile handbook required under the provisions of 13:103-2.4.
(d) When necessary or appropriate for adequate comprehension orientation sessions shall be presented in a language other than English.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 103 - COMMUNITY PROGRAMS › Subchapter 2 - JUVENILE ORIENTATION AND HANDBOOK; NOTIFICATION TO JUVENILES OF THEIR RIGHTS AND RESPONSIBILITIES › Section 13:103-2.4 - Community program resident handbooks

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Director of Community Programs or designee shall designate a staff person to be responsible for developing, reviewing, revising, printing, and issuing the community program resident handbook.
1. The resident handbook and orientation sessions shall include material clearly describing all material rights, privileges, services, programs, and obligations of juveniles under the provisions of this chapter, N.J.A.C. 13:101, Juvenile Discipline, the Prison Rape Elimination Act of 2003, 42 U.S.C. §§
											15601 et seq., Commission internal management procedures and related policies, and under any other material deemed relevant by the Director of Community Programs or designee.
2. The resident handbook shall be reviewed and updated as required, but in any event no less frequently than annually; all updates are subject to review and approval by the Director of Community Programs or designee.
3. Subject to review by the Executive Director or designee, the Director of Community Programs shall maintain and shall update no less frequently than annually a list of all subject matters to be covered in the resident handbook.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 103 - COMMUNITY PROGRAMS › Subchapter 2 - JUVENILE ORIENTATION AND HANDBOOK; NOTIFICATION TO JUVENILES OF THEIR RIGHTS AND RESPONSIBILITIES › Section 13:103-2.5 - Resident handbook distribution

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each juvenile shall be provided a copy of the resident handbook within two business days of admission to the community program unless compelling security or safety reasons dictate otherwise, or to do so would adversely affect the orderly operations of the community program.
(b) Pursuant to 30:4-8.5, a Spanish translation of the resident handbook shall be provided to Spanish speaking juveniles not conversant with the English language.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 103 - COMMUNITY PROGRAMS › Subchapter 2 - JUVENILE ORIENTATION AND HANDBOOK; NOTIFICATION TO JUVENILES OF THEIR RIGHTS AND RESPONSIBILITIES › Section 13:103-2.6 - Program specific resident handbook

Current through Register Vol. 56, No. 14, July 15, 2024
As appropriate, and subject to review and approval by the Director of Community Programs, a program-specific resident handbook shall be issued, and amended when and as necessary, by the Superintendent or designee that explains internal management procedures, provisions, privileges, and services related to the particular community program.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 103 - COMMUNITY PROGRAMS › Subchapter 2 - JUVENILE ORIENTATION AND HANDBOOK; NOTIFICATION TO JUVENILES OF THEIR RIGHTS AND RESPONSIBILITIES › Section 13:103-2.7 - Notification to juveniles of their rights and responsibilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon reception into the community program each juvenile shall be given written notification that they have the following rights:
1. To be treated respectfully, impartially, and fairly by all personnel;
2. To be informed of the rules, procedures, and schedules concerning the operation of the community program;
3. To participate in counseling, education, vocational training, and employment, as far as resources are available, and in keeping with the juvenile's interests, needs, and abilities;
4. To use the services of the Commission's Ombudsman; and
5. To freedom of religious affiliation and voluntary religious worship within the community program.