reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 96 - JUVENILE PAROLE AND TRANSITIONAL SERVICES › Subchapter 11 - TRANSPORTATION OF JUVENILE PAROLEES AND JUVENILES › Section 13:96-11.4 - Medical transportation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In emergency situations when a non-ambulatory juvenile parolee or juvenile in custody is in need of hospitalization or treatment, the juvenile parolee or juvenile 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 parolee or juvenile who is in need of hospitalization or treatment.
(b) When a parolee or juvenile in custody is transported by ambulance, the juvenile parole officer shall accompany the parolee or juvenile in the ambulance and another juvenile parole officer shall follow the ambulance in a backup car.
(c) The use of mechanical restraints and equipment when transporting a parolee or juvenile in custody for hospitalization or treatment shall be governed by 13:96-3.7 and the nature of the illness or injury.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 97 - OFFICE OF INVESTIGATIONS › Subchapter 1 - GENERAL PROVISIONS › Section 13:97-1.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of this chapter is to establish policies and procedures:
1. In connection with the Office of Investigations regarding the use of force by investigators, both on-duty and off-duty; and
2. Regarding investigators' use of firearms, both on-duty and off-duty.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 97 - OFFICE OF INVESTIGATIONS › Subchapter 1 - GENERAL PROVISIONS › Section 13:97-1.3 - Oath of office form

Current through Register Vol. 56, No. 14, July 15, 2024
An oath of office form shall be reproduced from originals that are available by contacting the Commissions' Office of Training.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 97 - OFFICE OF INVESTIGATIONS › Subchapter 1 - GENERAL PROVISIONS › Section 13:97-1.4 - Confidentiality of information

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All records of the Commission pertaining to juveniles charged or adjudicated as a delinquent or found to be part of a juvenile-family crisis are confidential. All such records:
1. Shall be strictly safeguarded from public access;
2. May be released only in accordance with 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 97 - OFFICE OF INVESTIGATIONS › Subchapter 2 - USE OF FORCE › Section 13:97-2.1 - Investigator authority

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Investigators are authorized to use appropriate means to enforce Commission rules, regulations and related law enforcement objectives. Such means include, but are not limited to:
1. "Constructive authority," which means authority that does not involve actual physical contact with the individual, but involves the use of the investigator's authority to exert control over the individual. Examples of constructive authority include, but are not limited to, verbal commands, gestures and warnings; and
2. "Physical contact," which means routine or procedural contact with an individual necessary to effectively accomplish a legitimate law enforcement objective. Examples of physical contact include, but are not limited to, holding an individual's arm while escorting the individual, handcuffing an individual, maneuvering or securing an individual for a search, and guiding the individual into a vehicle.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 97 - OFFICE OF INVESTIGATIONS › Subchapter 2 - USE OF FORCE › Section 13:97-2.2 - Use of force

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In any case that an investigator uses force while on-duty, the investigator shall only use that force that is objectively reasonable and necessary under the totality of the circumstances as known by the investigator at the time force is used.
(b) An investigator may use the amount of force reasonably necessary to accomplish the law enforcement objective. If the individual resists, the investigator may increase the degree of force as necessary to accomplish the law enforcement objective but as soon as the individual submits, the investigator shall reduce the degree of force used.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 97 - OFFICE OF INVESTIGATIONS › Subchapter 2 - USE OF FORCE › Section 13:97-2.3 - Non-deadly force; when justified

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An investigator may use non-deadly force against persons only under the following circumstances:
1. To protect self or others against the use of unlawful force;
2. To protect self or others against death or serious bodily harm;
3. To prevent damage to property;
4. To prevent escape;
5. To prevent or quell a riot or disturbance;
6. To prevent a suicide or attempted suicide;
7. To effect an arrest for any offense or crime under the laws of the State of New Jersey, subject to the provisions of (c) below; or
8. To enforce law enforcement objectives where expressly permitted by Commission regulations or in situations where the highest ranking investigator on the scene believes that an individual's failure to comply constitutes an immediate threat to the personal safety of investigators or others.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 97 - OFFICE OF INVESTIGATIONS › Subchapter 2 - USE OF FORCE › Section 13:97-2.4 - Deadly force; when justified and when restricted

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Deadly force includes, but is not limited to, the use of firearms and other lethal weapons.
(b) Deadly force may be used as described herein under limitations consistent with the provisions of the New Jersey Code of Criminal Justice, 2C:1-1 et seq., and with any applicable guidelines issued by the Attorney General under the following circumstances:
1. When the investigator reasonably believes that deadly force is immediately necessary to protect the investigator or another person from imminent danger of death or serious bodily harm.
i. Deadly force is not justifiable if the investigator can otherwise secure his or her complete safety or the complete safety of the protected person.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 97 - OFFICE OF INVESTIGATIONS › Subchapter 2 - USE OF FORCE › Section 13:97-2.5 - Use of force while off-duty

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Although 52:17B-174(d)  authorizes investigators to exercise law enforcement powers, investigators are not required to exercise those powers or to carry firearms during off-duty hours.
(b) Investigators, while off-duty, should not become involved with routine law enforcement duties that are under the jurisdiction of local law enforcement agencies. When an investigator observes what he or she believes to be a violation of the law, he or she should take note of the vehicle description, license plate numbers, identifying characteristics of persons involved and other relevant information, and report such information to the local law enforcement agency having jurisdiction and to the Director of Investigations. Investigators should avoid stopping or detaining vehicles or persons.
(c) The utmost discretion shall be exercised by the investigator to determine when and under what conditions to use force. Whenever he or she believes that possible criminal action is taking place and that a reasonable alternative to use of force exists, the investigator must take the action which is calculated to be least dangerous or harmful to persons or property.
(d) An investigator shall be deemed to have acted within the scope of his or her employment or in the law enforcement interest of the State of New Jersey if he or she exercises police powers in accordance with the provisions of this subchapter and orders promulgated in connection therewith.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 97 - OFFICE OF INVESTIGATIONS › Subchapter 2 - USE OF FORCE › Section 13:97-2.6 - Reports

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An investigator shall immediately contact the Director of Investigations or designee and shall complete a JJ-001 Form, Incident Report when he or she participated in, or witnessed, any incident in which:
1. A firearm was discharged outside of the firing range;
2. Physical force, mechanical force or deadly force is used;
3. An individual alleges that serious bodily harm has been inflicted; or
4. Such a report is required by the Director of Investigations.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 97 - OFFICE OF INVESTIGATIONS › Subchapter 2 - USE OF FORCE › Section 13:97-2.7 - Use of mechanical restraints

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Mechanical restraints may be used in the following instances:
1. When transporting an individual from one place to another;
2. When the individual's history, disciplinary record, behavior or present emotional state indicates a likelihood that bodily injury to any person, damage to property or escape by the juvenile may occur; or
3. To prevent an individual from attempting suicide, self-inflicted injury, or injury to others.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 97 - OFFICE OF INVESTIGATIONS › Subchapter 2 - USE OF FORCE › Section 13:97-2.8 - Use of chemical or natural agents; storage

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Chemical or natural agents shall not be used within a Commission facility, except when appropriate to avoid having to use deadly force.
(b) Whenever chemical or natural agents are used other than in a Commission facility as a means of control, investigators shall comply with the reporting procedures set forth in 13:97-2.6.
(c) An investigator is not permitted to carry or use chemical or natural agents unless he or she has received appropriate training and semi-annual retraining in chemical or natural agent use and effects.
(d) After each instance of use, individuals who have been exposed to chemical or natural agents shall be referred to the medical staff for any necessary examination and treatment.
(e) Chemical or natural agents shall be safely stored, legibly labeled to show the chemical or natural name and expiration date, and properly inventoried to ensure security and an adequate unexpired supply.
(f) No chemical or natural agent shall be used by an investigator except for those expressly approved and issued by the Commission.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 97 - OFFICE OF INVESTIGATIONS › Subchapter 2 - USE OF FORCE › Section 13:97-2.9 - Training

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Training in proper methods and techniques of using force and in the legal aspect of using force shall be provided as part of the Police Training Commission's approved Basic Course for Investigators or equivalent.
(b) Investigators shall receive semi-annual training in proper methods and techniques of using force and in the lawful and appropriate use of force. In addition to semi-annual training, retraining may be repeated as needed.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 97 - OFFICE OF INVESTIGATIONS › Subchapter 2 - USE OF FORCE › Section 13:97-2.10 - Penalties for violation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Office of Investigations staff action that does not conform to the provisions of this subchapter and internal management procedures implemented in connection with this subchapter may result in the following:
1. Disciplinary action pursuant to N.J.A.C. 4A:2;
2. Personal, civil or criminal liability;
3. Denial of indemnification; and/or
4. Refusal by the Office of the Attorney General to represent the custody staff officer.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 97 - OFFICE OF INVESTIGATIONS › Subchapter 2 - USE OF FORCE › Section 13:97-2.11 - Office of Investigations internal management procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Office of Investigations shall prepare and maintain written management procedures to govern the use of force and storage of chemical agents, consistent with this subchapter.
(b) All such written management 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 97 - OFFICE OF INVESTIGATIONS › Subchapter 3 - USE OF FIREARMS WHILE ON-DUTY AND USE OF PERSONAL FIREARMS WHILE OFF-DUTY › Section 13:97-3.1 - Investigators authorized to carry firearms while on-duty

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to being permitted to carry a firearm on-duty, investigators shall:
1. Have taken and successfully completed the Police Training Commission (PTC) approved Basic Course for Investigators as set forth in 52:17B-66 et seq. or an approved equivalent;
2. Have taken and successfully completed the firearms training course at the Commission's Office of Training; and
3. Have been sworn as peace members by taking the oath of office.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 97 - OFFICE OF INVESTIGATIONS › Subchapter 3 - USE OF FIREARMS WHILE ON-DUTY AND USE OF PERSONAL FIREARMS WHILE OFF-DUTY › Section 13:97-3.2 - On-duty firearms training, qualification and requalification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) As required by 2C:39-1 et seq., all investigators shall be initially trained and shall qualify in the use and handling of approved on-duty firearms.
(b) Investigators shall requalify in accordance with the New Jersey Attorney General's Semi-Annual Qualification and Requalification Standards for New Jersey Law Enforcement.
(c) Only those investigators who achieve and maintain the required level of proficiency during range qualification and requalification shall be authorized to possess firearms while on-duty.
(d) Once an investigator has qualified on his or her Commission approved firearm, the investigator shall receive the official State of New Jersey, Firearms Unit Weapons Card. Investigators shall be required to carry the weapons card, the official badge and photo identification card of the Commission while on-duty.
(e) The Director of Investigations or designee shall be responsible for preparing and maintaining a current list of each investigator authorized to carry a firearm, from a Commission-wide master list provided for that purpose by the Commission's Office of Training.
1. The master list shall be maintained by the Director of Investigations or designee to indicate the investigator's firearm qualification date (new or expired), and the investigator's issued firearm, model name and number, and serial number of the firearm.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 97 - OFFICE OF INVESTIGATIONS › Subchapter 3 - USE OF FIREARMS WHILE ON-DUTY AND USE OF PERSONAL FIREARMS WHILE OFF-DUTY › Section 13:97-3.3 - On-duty firearm

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The authorized on-duty firearm shall be the responsibility of the investigator at all times.
1. Only shoulder and waist holsters shall be used for on-duty firearms. A holster must hold the firearm firmly when inverted and have no internal clips.
2. The waist holster is the only holster approved for use while qualifying with the on-duty firearm.
3. Personnel who elect to use a shoulder holster for on-duty use shall demonstrate proficiency in the use of that holster during firearms requalification but need not qualify while using the holster.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 97 - OFFICE OF INVESTIGATIONS › Subchapter 3 - USE OF FIREARMS WHILE ON-DUTY AND USE OF PERSONAL FIREARMS WHILE OFF-DUTY › Section 13:97-3.4 - Personnel authorized to carry firearms while off-duty

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Firearms may be carried off-duty by investigators who:
1. Have taken and successfully completed the Police Training Commission (PTC) approved Basic Course for Investigators as set forth in 52:17B-66 et seq.;
2. Have qualified in the use and handling of approved off-duty firearms at the firearms training course of the Commission's Office of Training; and
3. Have been sworn as a peace member by taking the oath of office.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 97 - OFFICE OF INVESTIGATIONS › Subchapter 3 - USE OF FIREARMS WHILE ON-DUTY AND USE OF PERSONAL FIREARMS WHILE OFF-DUTY › Section 13:97-3.5 - Authorized off-duty firearms, ammunition, holsters and security

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Eligible investigators who are trained and meet qualification specifications shall be permitted to possess and carry one authorized firearm for off-duty use.
(b) A firearm intended for use as an off-duty weapon must have been obtained and registered pursuant to state and local laws of the state in which the investigator lives. Investigators may not loan or improperly transfer personal firearms.
(c) Trigger locking devices that are approved by the Commission shall be used, in accordance with this section and the operating instructions and standards provided by the manufacturers of the trigger locking devices.
(d) Only off-duty firearm makes and models approved and authorized by the Commission may be carried while off-duty.
(e) Ammunition for the off-duty firearm(s) shall be approved and authorized by the Commission.
(f) Only shoulder, waist and ankle holsters shall be used for off-duty use. A holster must hold the firearm firmly when inverted and have no internal clips. An off-duty firearm shall be carried in the approved holster on the body. No purse holsters or holstered firearms in purses are approved.
(g) The waist holster is the only holster approved for use while qualifying with the off-duty firearm.
(h) Personnel who elect to use a shoulder or ankle holster for off-duty use shall demonstrate proficiency in the use of that holster during firearms requalification but need not qualify while using the holster.
(i) The investigator shall be responsible for assuming the cost of the off-duty firearm, ammunition, holsters and for maintaining his or her firearm in a safe, secure and serviceable condition.
(j) Pursuant to 2C:58-15, an investigator who knows or reasonably should know that a minor or unauthorized adult is likely to gain access to a loaded firearm at a premises under the investigator's control shall:
1. Store the off-duty firearm in a securely locked box or container; and
2. Secure the off-duty firearm with a Commission approved trigger locking device.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 97 - OFFICE OF INVESTIGATIONS › Subchapter 3 - USE OF FIREARMS WHILE ON-DUTY AND USE OF PERSONAL FIREARMS WHILE OFF-DUTY › Section 13:97-3.6 - Off-duty firearm

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The authorized off-duty firearm shall be the responsibility of the investigator at all times.
(b) The investigator shall not draw or exhibit his or her off-duty firearm except for one of the following circumstances:
1. For maintenance of the firearm;
2. To secure the firearm;
3. When commanded by the firearms staff during training exercises, range practice, qualification, or re-qualification with the firearm; or
4. When circumstances create a reasonable belief that it may be necessary to use the firearm.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 97 - OFFICE OF INVESTIGATIONS › Subchapter 3 - USE OF FIREARMS WHILE ON-DUTY AND USE OF PERSONAL FIREARMS WHILE OFF-DUTY › Section 13:97-3.7 - Firearm instructors

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Only those persons who have successfully completed a Police Training Commission (PTC) approved firearms instruction course and are PTC certified as Firearm Instructors shall instruct in the Firearms Training Program at the Commission's Office of Training.
(b) All firearms training instructors engaged by the Commission for semi-annual and re-qualification firearms training shall satisfy at least one of the following requirements:
1. Be certified by the PTC;
2. Possess training equivalent to the PTC approval firearms instructor course and are able to demonstrate a knowledge of and skill with a firearm; or
3. Have successfully completed some other recognized firearms instructor course as determined by the Executive Director.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 97 - OFFICE OF INVESTIGATIONS › Subchapter 3 - USE OF FIREARMS WHILE ON-DUTY AND USE OF PERSONAL FIREARMS WHILE OFF-DUTY › Section 13:97-3.8 - Off-duty firearms training, qualification and requalification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All personnel authorized by the Commission to carry firearms off-duty must be initially trained and shall qualify in the use and handling of approved off-duty firearms.
(b) Investigators who carry off-duty firearms shall requalify semi-annually on a range approved by the Commission.
(c) Only those investigators who achieve and maintain the required level of proficiency during range qualification and requalification shall be authorized to carry firearms while off-duty.
(d) Once an individual has qualified on his or her approved personal off-duty firearm, he or she shall receive the official State of New Jersey, Firearms Unit Weapons Card. The off-duty firearm he or she carries must be identified on the off-duty weapons card. Authorized personnel shall be required to carry their off-duty weapons card, the official badge and photo identification card of the Commission at all times while carrying their off-duty firearm.
(e) The Director of Investigations or designee shall be responsible for preparing and maintaining a current master list of each investigator authorized to carry an off-duty firearm, from a Commission-wide master list provided for that purpose by the Commission's Office of Training.
1. The master list shall indicate the investigator's firearms qualification date (new or expired), model name and number, and serial number of the authorized off-duty firearm.
2. Each time the investigator registers a firearm, the Director of Investigations, or designee, is responsible for comparing the firearms qualification date, firearm model name and number, and firearm serial number contained on the master list against the State of New Jersey, Firearms Unit Weapons Card accompanying the personal firearm.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 97 - OFFICE OF INVESTIGATIONS › Subchapter 3 - USE OF FIREARMS WHILE ON-DUTY AND USE OF PERSONAL FIREARMS WHILE OFF-DUTY › Section 13:97-3.9 - Storage of off-duty firearms while on Commission property

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An investigator entering a Commission facility's grounds while armed with an off-duty firearm must proceed directly to the weapons collection station of the facility. The off-duty firearm shall be turned in fully loaded, in its holster, with the State of New Jersey, Firearms Unit Weapons Card with any extra loaded magazines or speedloaders.
(b) The investigator must present his or her official photo identification card of the Commission when checking the firearm and authorized ammunition out of the weapons collection station.
(c) Investigators are prohibited from storing off-duty weapons or ammunition in their personal vehicles while on Commission property.
(d) Investigators reporting to a secure facility satellite unit must store their firearms at the main secure facility or an approved authorized weapons storage unit.
(e) Under no circumstances may any Commission employee carry a personally owned firearm into a weapons prohibited area of any Commission facility, or into any area routinely dedicated for use by juveniles, including, but not limited to areas for sleeping, living, eating, recreation, training, and education. Personally owned firearms shall not be carried or used while on-duty except when authorized by the Director of Investigations. In those instances, only firearms approved by the Commission may be used by qualified investigators.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 97 - OFFICE OF INVESTIGATIONS › Subchapter 3 - USE OF FIREARMS WHILE ON-DUTY AND USE OF PERSONAL FIREARMS WHILE OFF-DUTY › Section 13:97-3.10 - Unauthorized use of personal weapons while off-duty

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An investigator shall not be authorized to carry an off-duty firearm in the following instances:
1. Where 2C:39-7 (Persons Convicted of Certain Crimes) is applicable;
2. When an investigator has been suspended from duty for any violation by the Director of Investigations or a higher official of the Commission;
3. When there are pending charges or ongoing investigations of alleged incidents involving the misuse of a firearm;
4. When otherwise prohibited by law or regulation; or
5. Any other situation where the Director of Investigations or designee may exercise their authority to withdraw off-duty firearms privileges, subject to the review of the Deputy Executive Director, or Executive Director.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 97 - OFFICE OF INVESTIGATIONS › Subchapter 3 - USE OF FIREARMS WHILE ON-DUTY AND USE OF PERSONAL FIREARMS WHILE OFF-DUTY › Section 13:97-3.11 - Possession of firearms within a casino or casino simulcasting facility

Current through Register Vol. 56, No. 14, July 15, 2024
Pursuant to N.J.A.C. 19:45-1.13, an investigator shall not possess or be permitted to possess a firearm within a casino or casino simulcasting facility.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 97 - OFFICE OF INVESTIGATIONS › Subchapter 3 - USE OF FIREARMS WHILE ON-DUTY AND USE OF PERSONAL FIREARMS WHILE OFF-DUTY › Section 13:97-3.12 - Reporting incidents

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When an investigator believes, or has reason to believe, that an authorized off-duty firearm or ammunition is lost, stolen, or is otherwise missing, the investigator shall immediately report this fact to the local law enforcement authorities and to the Director of Investigations.
(b) As soon as practicable, when a State of New Jersey, Firearms Unit Weapons Card, official photo identification card or badge of the Commission is believed to have been lost or stolen, or is otherwise missing, the investigator shall notify the local law enforcement authorities and Director of Investigations or designee.
(c) Except as outlined in 13:97-3.6(b)1  through 3, the investigator shall immediately and without exception report to the local law enforcement authorities and to Director of Investigations or designee the occurrence of any of the following:
1. Any incident where the investigator displayed, drew or fired his or her off-duty firearm; or
2. Any incident or injury which occurred from the use of the investigator's firearm.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 97 - OFFICE OF INVESTIGATIONS › Subchapter 3 - USE OF FIREARMS WHILE ON-DUTY AND USE OF PERSONAL FIREARMS WHILE OFF-DUTY › Section 13:97-3.13 - Penalties for violation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Investigator actions which do not conform to the provisions of this subchapter and any post orders or internal management procedures implemented in connection with this subchapter may result in the following:
1. Disciplinary action pursuant to N.J.A.C. 4A:2;
2. Personal, civil or criminal liability;
3. Denial of indemnification; and/or
4. Refusal by the Office of the Attorney General to represent the investigator.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 97 - OFFICE OF INVESTIGATIONS › Subchapter 3 - USE OF FIREARMS WHILE ON-DUTY AND USE OF PERSONAL FIREARMS WHILE OFF-DUTY › Section 13:97-3.14 - Post orders and procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Office of Investigations shall prepare and maintain written management procedures consistent with this subchapter.
(b) All written management 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 100 - CLASSIFICATION ASSIGNMENT PROCESS FOR JUVENILES › Subchapter 1 - GENERAL PROVISIONS › Section 13:100-1.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
The purpose of this chapter is to establish uniform procedures governing the assignment, reassignment and transfer of juveniles to and from Commission facilities.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 100 - CLASSIFICATION ASSIGNMENT PROCESS FOR JUVENILES › Subchapter 1 - GENERAL PROVISIONS › Section 13:100-1.2 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
This chapter shall apply to all juveniles committed to the custody of the Commission or otherwise serving a custodial sentence in a Commission facility.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 100 - CLASSIFICATION ASSIGNMENT PROCESS FOR JUVENILES › Subchapter 2 - RECEPTION AND ASSIGNMENT PROCESS; PAROLE CONTRACT AGREEMENTS › Section 13:100-2.1 - Initial reception

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Commission shall operate separate and distinct reception and assessment facilities (RAFs) for males and females. Except for educational and recreational activities, sight and sound separation shall be maintained between male and female juveniles.
(b) Upon admission to an RAF, a juvenile shall be assigned to a housing unit within the facility.
(c) The reception process shall be completed as soon as possible after a juvenile is admitted to an RAF, and in any event within three weeks from the date of admission.
(d) Each juvenile shall be provided with an orientation session as soon as possible, and in any event within one week of admission to an RAF unless compelling security or safety reasons dictate otherwise, or if to do so would adversely affect the orderly operations of the facility. Topics of orientation sessions shall include, but shall not be limited to:
1. Rights and privileges of juveniles;
2. Work opportunities;
3. Secure facility services;
4. Recreation and leisure time activities;
5. Grooming and hygiene;
6. Personal property;
7. Housekeeping;
8. Juvenile discipline; and
9. Time and sentences.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 100 - CLASSIFICATION ASSIGNMENT PROCESS FOR JUVENILES › Subchapter 2 - RECEPTION AND ASSIGNMENT PROCESS; PAROLE CONTRACT AGREEMENTS › Section 13:100-2.1A - Parole contract agreements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All committed juveniles incarcerated in Commission facilities who have not yet reached their judicial restriction date, and all juvenile parolees, are authorized and shall be encouraged to apply for a parole contract agreement, as provided for under the provisions of P.L. 2009, c. 330 (N.J.S.A. 30:4-123.6 7).
(b) During the assessment process provided for in 13:100-2.1(e), social services staff shall:
1. Explain to the juvenile the opportunities and obligations presented under a parole contract agreement;
2. Encourage the juvenile to make an application for a parole contract agreement; and
3. Offer to the juvenile assistance in completing and filing all necessary and incidental paperwork.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 100 - CLASSIFICATION ASSIGNMENT PROCESS FOR JUVENILES › Subchapter 2 - RECEPTION AND ASSIGNMENT PROCESS; PAROLE CONTRACT AGREEMENTS › Section 13:100-2.2 - Classification Committees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A separate Classification Committee shall be established for male and for female juveniles, each of which shall be chaired by the Director of Operations or designee. Additional members shall be appointed by the Executive Director, or designee, and shall be drawn from both secure and non-secure operating units of the Commission.
(b) Classification Committees shall meet as needed, but in any event not less frequently than biweekly. Minutes shall be kept of all meetings and shall be maintained on the Juvenile Information Management System (JIMS), or on such other computerized information management system as may be determined by the Executive Director.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 100 - CLASSIFICATION ASSIGNMENT PROCESS FOR JUVENILES › Subchapter 2 - RECEPTION AND ASSIGNMENT PROCESS; PAROLE CONTRACT AGREEMENTS › Section 13:100-2.3 - Responsibilities of Classification Committees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Classification Committees shall be responsible for determining the classification, initial assignment and transfer of juveniles to, between and from Commission facilities. Assignments and transfers contemplated herein include, but are not necessarily limited to those:
1. Between secure facilities, including an RAF;
2. Between a non-secure facility and a secure facility; and
3. From a secure facility to the Department of Corrections.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 100 - CLASSIFICATION ASSIGNMENT PROCESS FOR JUVENILES › Subchapter 2 - RECEPTION AND ASSIGNMENT PROCESS; PAROLE CONTRACT AGREEMENTS › Section 13:100-2.4 - Juveniles ineligible for assignment to non-secure facilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Unless assignment to a non-secure facility is determined in writing by a qualified mental health care professional to be clinically appropriate, assignment of a juvenile to a non-secure facility is prohibited when:
1. The commitment being reviewed involves a homicide or arson; or
2. There is currently pending against the juvenile in New Jersey, or in any jurisdiction, a juvenile charge that in New Jersey would be classified as a first degree offense.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 100 - CLASSIFICATION ASSIGNMENT PROCESS FOR JUVENILES › Subchapter 2 - RECEPTION AND ASSIGNMENT PROCESS; PAROLE CONTRACT AGREEMENTS › Section 13:100-2.5 - Emergency transfer procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A request for an emergency transfer of a juvenile may be made by the Superintendent, and shall be directed to the Director of Operations or designee, in such form and with such supporting documentation as the Director of Operations shall require.
(b) As soon as feasible, the Director of Operations or designee shall review a request and approve or reject the transfer of the juvenile in writing, setting forth the reasons for approval or rejection. If approved, the requesting facility shall notify the receiving facility in order to make the arrangements necessary to effectuate the transfer.
(c) The Superintendent of the receiving facility shall schedule the transferred juvenile for review by the next meeting of the relevant Classification Committee.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 100 - CLASSIFICATION ASSIGNMENT PROCESS FOR JUVENILES › Subchapter 2 - RECEPTION AND ASSIGNMENT PROCESS; PAROLE CONTRACT AGREEMENTS › Section 13:100-2.6 - Non-emergency transfers

Current through Register Vol. 56, No. 14, July 15, 2024
A staff recommendation for a non-emergency transfer of a juvenile shall be referred to the appropriate Classification Committee, which shall make a decision on the appropriateness of the recommendation at its next scheduled meeting.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 100 - CLASSIFICATION ASSIGNMENT PROCESS FOR JUVENILES › Subchapter 2 - RECEPTION AND ASSIGNMENT PROCESS; PAROLE CONTRACT AGREEMENTS › Section 13:100-2.7 - Juvenile requests for transfer

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A juvenile has the right to make a request for transfer to another Commission facility. All such requests shall be in writing and submitted to a social worker. The written request shall include the juvenile's name, current facility, the name of the facility the juvenile is seeking to transfer to and the reason for the transfer request. The social worker shall forward the juvenile's written request to other personnel, as appropriate, and to the appropriate Classification Committee for further consideration.
(b) When considering a juvenile's request for transfer to another facility, Classification Committees shall consider the same factors as set forth in 13:100-2.3(c).
(c) Any determination by a classification committee to grant or to deny a juvenile's request for transfer shall promptly be communicated to the juvenile.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 100 - CLASSIFICATION ASSIGNMENT PROCESS FOR JUVENILES › Subchapter 2 - RECEPTION AND ASSIGNMENT PROCESS; PAROLE CONTRACT AGREEMENTS › Section 13:100-2.8 - Juvenile classification files

Current through Register Vol. 56, No. 14, July 15, 2024
Juvenile classification files shall be maintained at each 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 maintained at the Commission's Office of Classification.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 101 - JUVENILE DISCIPLINE › Subchapter 1 - GENERAL PROVISIONS › Section 13:101-1.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of this chapter is to:
1. Establish a disciplinary system and corresponding disciplinary policies that promote prosocial behavior and discourage negative behavior among juveniles in Juvenile Justice Commission facilities, and that provide staff with behavior management tools necessary for maintaining safety and security in the facilities;
2. Establish a comprehensive code of violations that explicitly describes behaviors prohibited in Juvenile Justice Commission facilities, so that proscribed behavior may be known by both juveniles and staff;
3. Establish administrative due process safeguards in the disciplinary process and impartial and fair disciplinary procedures, and by so doing, foster morale among juveniles and staff with regard to the disciplinary process; and
4. Establish a range of authorized sanctions for responding to inappropriate behavior and rules for imposing such sanctions.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 101 - JUVENILE DISCIPLINE › Subchapter 1 - GENERAL PROVISIONS › Section 13:101-1.2 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
This chapter shall apply to both committed juveniles and to juveniles who have been convicted of an offense subject to waiver under the provisions of
2A:4A-26
.1 and sentenced to serve a custodial sentence in a Commission facility, who are residing in Juvenile Justice Commission facilities.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 101 - JUVENILE DISCIPLINE › Subchapter 1 - GENERAL PROVISIONS › Section 13:101-1.4 - Forms

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following forms related to juvenile discipline shall be reproduced or obtained by each facility through the office of the Superintendent, or designee.
1. Room Restriction/Separation Form;
2. Immediate Corrective Action Form;
3. Notice of Violation;
4. Disciplinary Review Report;
5. Disciplinary Review Appeal Form; and
6. Refusal to Attend Hearing Notice.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 101 - JUVENILE DISCIPLINE › Subchapter 1 - GENERAL PROVISIONS › Section 13:101-1.5 - Confidentiality of information relating to juveniles; use of confidential information in disciplinary proceedings

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 disciplinary proceedings under this chapter, and copies of such records and statements may be maintained in juvenile disciplinary files. However, at no time shall these permitted uses 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. May be released only in accordance with 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 101 - JUVENILE DISCIPLINE › Subchapter 2 - PUBLICATION OF RULES › Section 13:101-2.1 - Notification to juveniles about rules and regulations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) At the time of reception into the Commission, each juvenile shall receive a copy of the Handbook on Discipline and thereby be advised in writing of his or her rights and responsibilities, the acts and activities which are prohibited, the rules which shall be followed and the disciplinary process within the facilities of the Juvenile Justice Commission. Each juvenile shall be required to sign a form acknowledging receipt of the Handbook on Discipline. A refusal by the juvenile to sign shall be noted on the form by the issuing staff member.
(b) At the time of arrival at a facility, each juvenile shall receive a copy of the facility's Juvenile Handbook which contains facility rules, procedures and information about services and programs. The facility's Juvenile Handbook shall be provided as part of the admission and orientation program. Each juvenile shall be required to sign a form acknowledging receipt of the facility's Juvenile Handbook. A refusal by the juvenile to sign shall be noted on the form by the issuing staff member.
(c) All changes in disciplinary rules shall be posted in the living and common areas of the Commission's facilities and incorporated into the next revision of the Handbook on Discipline and when appropriate, in the facility's Juvenile Handbook.
(d) When a facility has a juvenile in the population who does not speak and/or read English, the rules shall be printed and presented verbally in the juvenile's primary language.
(e) For juveniles unable to read, the rules shall be verbally communicated and assistance shall be provided to those juveniles unable to provide written acknowledgment.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 101 - JUVENILE DISCIPLINE › Subchapter 2 - PUBLICATION OF RULES › Section 13:101-2.2 - Review of facility rules

Current through Register Vol. 56, No. 14, July 15, 2024
The Superintendent of each facility shall be responsible for maintaining an ongoing rule review process to ensure that the rules of the facility are current and appropriate. The facility's Juvenile Handbook shall be revised accordingly.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 101 - JUVENILE DISCIPLINE › Subchapter 2 - PUBLICATION OF RULES › Section 13:101-2.3 - Promulgation of rules

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The rules of a facility shall be approved by the facility's Superintendent and published in the facility's Juvenile Handbook.
(b) The Commission's disciplinary rules shall be promulgated by the Commission's Executive Board and published in the Handbook on Discipline.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 101 - JUVENILE DISCIPLINE › Subchapter 3 - JUVENILE RIGHTS AND RESPONSIBILITIES › Section 13:101-3.1 - Notification to juveniles of their rights and responsibilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon reception into the Commission each juvenile shall be given a Handbook on Discipline, which shall clearly and prominently inform the juvenile of his or her 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 facility;
3. To freedom of religious affiliation and voluntary religious worship within the facility;
4. To health care which includes medical and dental treatment;
5. To nutritious meals, proper bedding and clothing, a laundry schedule for cleaning bedding and clothing, an opportunity to shower regularly, sufficient warmth, proper ventilation, fresh air, a regular exercise period and toilet articles;
6. To correspond with and receive visits from family members and other persons where there is no threat to security or order in keeping with the rules and schedules of the facility;
7. To unrestricted and confidential access to the courts by correspondence;
8. To legal counsel from an attorney of the juvenile's choice, both through meetings and through correspondence, and the right to receive help when it is available through a legal assistance program;
9. To participate in the use of law reference materials to assist in resolving legal problems;
10. To a wide range of reading material for educational purposes and for the juvenile's enjoyment;
11. 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; and
12. To use the services of the Commission's Ombudsman.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 101 - JUVENILE DISCIPLINE › Subchapter 4 - VIOLATIONS › Section 13:101-4.2 - Mechanisms for responding to violations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When a juvenile is alleged to have committed a violation, the staff member witnessing the violation shall determine the initial mechanism for handling the violation based on the severity of the incident. All alleged violations shall be handled via a full disciplinary proceeding in accordance with N.J.A.C. 13:101-6 except those judged to be minor in nature, which shall be handled via immediate corrective action in accordance with N.J.A.C. 13:101-5.
(b) Pursuant to the provisions of N.J.A.C. 13:101-5 and 6, the determination made by the staff member pursuant to (a) above shall be subject to review and change by the appropriate supervisor and/or Disciplinary Hearing Officer.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 101 - JUVENILE DISCIPLINE › Subchapter 4 - VIOLATIONS › Section 13:101-4.3 - Reports to the prosecutor on violations

Current through Register Vol. 56, No. 14, July 15, 2024
All violations which may constitute crimes of the first, second, third or fourth degree under the Criminal Code of the State of New Jersey (2C:1-1 et seq.) shall be referred to the prosecutor of the county in which the facility is located. The referral shall be made by the Chief Investigator of the Commission's Office of Investigations with the approval of the Executive Director.