reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 103 - COMMUNITY PROGRAMS › Subchapter 8 - VISITS AND TELEPHONE USE IN RESIDENTIAL COMMUNITY HOMES › Section 13:103-8.3 - List of visitors

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon admission to a residential community home, a juvenile shall submit to the Superintendent or designee a list of names and addresses of potential visitors.
(b) Subject to the approval of the Director of Community Programs or designee, the Superintendent of each residential community home shall issue written procedures that provide reasonable limitations on the scope, length, and frequency of visits.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 103 - COMMUNITY PROGRAMS › Subchapter 8 - VISITS AND TELEPHONE USE IN RESIDENTIAL COMMUNITY HOMES › Section 13:103-8.4 - Approval of potential visitors

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Superintendent or designee may approve the following persons to visit a juvenile:
1. Relatives and legal guardians;
2. Clergy; and
3. Friends and other persons who may have a constructive influence on the juvenile.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 103 - COMMUNITY PROGRAMS › Subchapter 8 - VISITS AND TELEPHONE USE IN RESIDENTIAL COMMUNITY HOMES › Section 13:103-8.5 - Employee visits with incarcerated relatives

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Employees of the Commission who have relatives incarcerated in facilities under the jurisdiction of the Commission shall be permitted to visit such relatives provided the Superintendent is satisfied that there is no threat to the orderly operation of the residential community home.
(b) An employee of the Commission who wishes to visit a relative assigned to a residential community home shall submit a written request for permission to visit such relative to the Superintendent of the residential community home at which the relative is housed.
(c) The Superintendent may schedule the visit during regular visiting hours or at special times, according to the orderly administration and staffing of the residential community home.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 103 - COMMUNITY PROGRAMS › Subchapter 8 - VISITS AND TELEPHONE USE IN RESIDENTIAL COMMUNITY HOMES › Section 13:103-8.6 - Special visits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Special visits may be authorized by the Superintendent or designee. Special visits include visits:
1. From persons who have come long distances;
2. To hospitalized juveniles;
3. To juveniles in any special status; and
4. Between juveniles and:
i. Members of the clergy;
ii. Social service agency representatives;
iii. Prospective employers;
iv. Sponsors; and
v. Parole and probation officials.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 103 - COMMUNITY PROGRAMS › Subchapter 8 - VISITS AND TELEPHONE USE IN RESIDENTIAL COMMUNITY HOMES › Section 13:103-8.7 - Visits between incarcerated relatives

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Visits may be permitted between juveniles in residential community homes and relatives who are incarcerated in other facilities under the jurisdiction of either the Commission and, subject to their approval, the Department of Corrections.
(b) The following requirements must be met before visits between incarcerated relatives shall be permitted:
1. Relative relationships must be substantiated by documentation found in the classification folder or from other appropriate resources;
2. Visits must be approved by the Director of Community Programs or designee; and
3. The cost of the visit to the Commission shall be borne by the juvenile involved.
i. The fiscal manager or designee shall predetermine the expenses involved in arranging a visit between relatives and a detailed statement of expenses shall be prepared in accordance with 13:103-5.8(c).
ii. The frequency, duration and time of the visits must be coordinated between the residential community home and other facilities involved and shall be subject to the requirements of this subchapter.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 103 - COMMUNITY PROGRAMS › Subchapter 8 - VISITS AND TELEPHONE USE IN RESIDENTIAL COMMUNITY HOMES › Section 13:103-8.8 - Attorneys and court-related personal visits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Attorneys licensed in any jurisdiction who are retained to represent a juvenile or juveniles, and representatives of such attorneys, shall be permitted contact visits during regular business hours when sufficient space and staff are available.
(b) Representatives of attorneys shall include, but not be limited to, the following:
1. Investigators;
2. Investigative aides;
3. Paralegals; and
4. Law students.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 103 - COMMUNITY PROGRAMS › Subchapter 8 - VISITS AND TELEPHONE USE IN RESIDENTIAL COMMUNITY HOMES › Section 13:103-8.9 - Visits from children

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Children under the age of 18 shall not be permitted to visit unless accompanied by an adult family member of the child defined as a "relative" or "legal guardian."
(b) In unusual circumstances, exceptions to (a) above may be made by special approval of the Superintendent or designee.
(c) The adult family member who accompanies the child shall be responsible for the supervision of the child during the visit.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 103 - COMMUNITY PROGRAMS › Subchapter 8 - VISITS AND TELEPHONE USE IN RESIDENTIAL COMMUNITY HOMES › Section 13:103-8.10 - Notification to prospective visitors

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Superintendent or designee shall be responsible to write a letter of information, in English and translated into Spanish, which provides the pertinent visiting policies with which prospective visitors should be familiar. This letter shall include, but is not limited to:
1. Visiting times;
2. The number of permissible visitors;
3. Guidelines for visits by children;
4. The identification required;
5. The prohibition on smoking and tobacco products;
6. Notification that no money, photos, gifts, or any other items may be given to a juvenile by a visitor;
7. Notification that in accordance with 13:103-8.14 all visitors, their belongings and vehicles are subject to searches while on the premises of a facility under the jurisdiction of the Commission;
8. Notification that a visitor who enters the premises of a facility under the jurisdiction of the Commission and refuses to submit to a search shall be:
i. Banned from visiting a juvenile committed to the custody of the Commission for 60 days and required to reapply in writing to the Superintendent for approval/disapproval of the reinstatement of visit privileges in accordance with the standards set forth in N.J.A.C. 13:103-8.4; and
ii. Directed to immediately leave the premises of the facility under the jurisdiction of the Commission;
9. Notification that a positive indication upon search is probable cause to believe that criminal activity has or is taking place and, the visitor(s) shall be:
i. Detained;
ii. Subject to further search and arrest; and
iii. In accordance with 13:103-8.14(f), if a controlled dangerous substance is discovered on, in the possession of, or in the vehicle of the visitor(s), the visitor shall be permanently banned from visiting a juvenile in the custody of the Commission;
10. Directions to the residential community home; and
11. Provisions of 2C:29-6, which prescribe specific penalties for introducing contraband into a correctional facility.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 103 - COMMUNITY PROGRAMS › Subchapter 8 - VISITS AND TELEPHONE USE IN RESIDENTIAL COMMUNITY HOMES › Section 13:103-8.11 - Visitor identification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Adult visitors must have photo identification when visiting a juvenile.
(b) One of the following is an acceptable form of visitor identification:
1. A current photo driver's license;
2. A current photo Welfare/Medicaid card;
3. A current employment photo identification card;
4. A current passport; or
5. A non-driver photo identification card issued by any municipal, county, state, or Federal office.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 103 - COMMUNITY PROGRAMS › Subchapter 8 - VISITS AND TELEPHONE USE IN RESIDENTIAL COMMUNITY HOMES › Section 13:103-8.12 - Visiting schedule

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Superintendent shall establish a visiting schedule consistent with the orderly and efficient operation of the residential community home.
(b) When the restriction of visiting on scheduled visit days is a hardship to a visitor, arrangements for suitable hours on other days may be made on a case-by-case basis.
(c) Limitation on the length or frequency of visits may be imposed to avoid overcrowded conditions in the visiting area(s) or when deemed necessary by the Superintendent or designee.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 103 - COMMUNITY PROGRAMS › Subchapter 8 - VISITS AND TELEPHONE USE IN RESIDENTIAL COMMUNITY HOMES › Section 13:103-8.13 - Treatment of visitors

Current through Register Vol. 56, No. 14, July 15, 2024
All residential community home staff members shall treat visitors in a professional, dignified, courteous, and respectful manner.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 103 - COMMUNITY PROGRAMS › Subchapter 8 - VISITS AND TELEPHONE USE IN RESIDENTIAL COMMUNITY HOMES › Section 13:103-8.14 - Search of visitors

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Signs written in English and Spanish shall be posted in the visiting area stating that, as a condition of visitation, all visitors, their belongings, and vehicles are subject to possible search while on the premises of a residential community home, which could include a passive canine, scanning/testing device, and pat search.
(b) If a visitor refuses to submit to such a search by a law enforcement officer, and there is no reasonable suspicion that the visitor is in possession of contraband, the visitor shall be directed to immediately leave the premises of the residential community home. No visit shall be permitted, the visitor shall be banned from visiting any juvenile committed to the custody of the Commission for 60 days and the visitor shall be required to reapply in writing to the Superintendent for approval/disapproval of the reinstatement of visit privileges in accordance with the standards set forth in 13:103-8.4.
(c) If a staff member receives information sufficient to form a reasonable suspicion that a visitor is carrying contraband, or when contraband has been detected or indicated on a visitor, the Superintendent or designee shall immediately be notified.
(d) Contraband discovered during the search of a visitor by law enforcement officers shall be confiscated and a written report shall be submitted by the Superintendent to the Director of Investigations.
(e) The written report shall specify, to the extent known:
1. The name and affiliation of the law enforcement officers who performed the search;
2. The name of the juvenile who was to receive the visit;
3. The name and address of the visitor who was searched;
4. The time of the search;
5. The type of search and scanning/testing device used, if any, and the results if any;
6. The description of the items confiscated; and
7. The specific reason for confiscating the items.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 103 - COMMUNITY PROGRAMS › Subchapter 8 - VISITS AND TELEPHONE USE IN RESIDENTIAL COMMUNITY HOMES › Section 13:103-8.15 - Search of juveniles

Current through Register Vol. 56, No. 14, July 15, 2024
All juveniles shall be subject to possible search before and after a visit, in accordance with procedures established by N.J.A.C. 13:103-11, Searches of Juveniles and Facilities.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 103 - COMMUNITY PROGRAMS › Subchapter 8 - VISITS AND TELEPHONE USE IN RESIDENTIAL COMMUNITY HOMES › Section 13:103-8.16 - Supervision of visits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Visits shall be monitored by staff to help prevent the passage of contraband and to insure the security and orderly operation of the residential community home.
(b) Visits shall be conducted in a quiet, orderly, and dignified manner.
(c) Articles passed between the juvenile and the visitor are subject to confiscation and inspection, if there is a reasonable suspicion that articles constitute contraband or are otherwise in violation of the law.
(d) Handshaking, embracing, and kissing shall be permitted, within appropriate bounds.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 103 - COMMUNITY PROGRAMS › Subchapter 8 - VISITS AND TELEPHONE USE IN RESIDENTIAL COMMUNITY HOMES › Section 13:103-8.17 - Gifts of money from visitors prohibited; money orders

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as provided for in (b) below, no cash, checks, money orders, or other form of money, currency, or payment may be brought into a residential community home by a visitor for a juvenile.
(b) Money orders may be brought by visitors for a juvenile, provided that the money order must be surrendered to designated residential community home personnel in exchange for a receipt that identifies the visitor, juvenile, and amount of the money order.
(c) Any items brought into a residential community home in violation of this section will be treated as contraband under the provisions of N.J.A.C. 13:103-14.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 103 - COMMUNITY PROGRAMS › Subchapter 8 - VISITS AND TELEPHONE USE IN RESIDENTIAL COMMUNITY HOMES › Section 13:103-8.18 - Denial, termination, or suspension of a visit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A juvenile's visiting privileges shall not be denied because of a violation of residential community home policies, other than those policies specifically related to or concerned with visiting privileges.
(b) A visit may be denied, terminated, or suspended and a visiting privilege suspended under the following circumstances:
1. The visitor is under the influence of drugs or alcohol;
2. Space is unavailable;
3. The visitor refuses to submit to search procedures;
4. The visitor refuses or fails to produce sufficient identification or falsifies identifying information;
5. The visit policies of the residential community home are violated by the visitor, provided that such rules are posted;
6. Children are disturbing other persons in the visiting area;
7. The physical contact between the visitor and juvenile is in excess of 13:103-8.16(d); or
8. Any action that affects the ability of the staff to ensure the safe, secure, and orderly operation of the residential community home and the visiting room.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 103 - COMMUNITY PROGRAMS › Subchapter 8 - VISITS AND TELEPHONE USE IN RESIDENTIAL COMMUNITY HOMES › Section 13:103-8.19 - Request to reinstate contact visit privileges

Current through Register Vol. 56, No. 14, July 15, 2024
Sixty days after visit privileges have been terminated, or thereafter, the juvenile may forward a written request for reinstatement of visit privileges to the Superintendent or designee, which request shall be reviewed in accordance with the standards set forth in 13:103-8.4. If the Superintendent or designee determines that visit privileges should be reinstated, such recommendation shall be forwarded to the Director of Community Programs or designee for review and final approval or disapproval.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 103 - COMMUNITY PROGRAMS › Subchapter 8 - VISITS AND TELEPHONE USE IN RESIDENTIAL COMMUNITY HOMES › Section 13:103-8.20 - Suspension of visiting program under emergency conditions

Current through Register Vol. 56, No. 14, July 15, 2024
Subject to the approval of the Director of Community Programs or designee, the Superintendent may suspend visits to juveniles, including visits to juveniles by attorneys and attorney representatives, for the duration of any emergency that threatens the safe, secure, and orderly operation of the residential community home.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 103 - COMMUNITY PROGRAMS › Subchapter 8 - VISITS AND TELEPHONE USE IN RESIDENTIAL COMMUNITY HOMES › Section 13:103-8.21 - Bedside, private viewing, and funeral visits: authority

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Subject to the provisions of 13:103-8.23, the Superintendent may authorize and permit the attendance of a juvenile at the bedside of a dying relative, or at a private viewing of a deceased relative.
(b) A juvenile shall not be permitted to visit relatives or friends during the private viewing of a deceased relative unless the Superintendent has made a recommendation to, and received approval from, the Director of Community Programs or designee, as determined on a case-by-case basis.
(c) A juvenile shall not be permitted to attend or participate in a funeral service unless the Superintendent has made a recommendation to, and received approval from, the Director of Community Programs or designee, as determined on a case-by-case basis.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 103 - COMMUNITY PROGRAMS › Subchapter 8 - VISITS AND TELEPHONE USE IN RESIDENTIAL COMMUNITY HOMES › Section 13:103-8.22 - Verification of illness or death of a relative

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The burden is on the juvenile to prove that the ill or deceased person is a relative.
(b) The Superintendent or designee shall verify the illness or death of the relative.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 103 - COMMUNITY PROGRAMS › Subchapter 8 - VISITS AND TELEPHONE USE IN RESIDENTIAL COMMUNITY HOMES › Section 13:103-8.23 - Eligibility and restrictions for bedside, private viewing, and funeral visits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Superintendent, or designee, shall determine whether a juvenile is eligible to go on a bedside, private viewing, or funeral visit, subject to the following restrictions:
1. The bedside, private viewing, or funeral visit is outside the State of New Jersey; or
2. The bedside, private viewing, or funeral visit is in a private residence.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 103 - COMMUNITY PROGRAMS › Subchapter 8 - VISITS AND TELEPHONE USE IN RESIDENTIAL COMMUNITY HOMES › Section 13:103-8.24 - Security for bedside, private viewing, and funeral visits

Current through Register Vol. 56, No. 14, July 15, 2024
During the bedside, private viewing, or funeral visit, the juvenile shall at all times be in the custody of one or more staff members.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 103 - COMMUNITY PROGRAMS › Subchapter 8 - VISITS AND TELEPHONE USE IN RESIDENTIAL COMMUNITY HOMES › Section 13:103-8.25 - Court-ordered private viewing or funeral visits

Current through Register Vol. 56, No. 14, July 15, 2024
All court orders for bedside, private viewing, or funeral visits shall be referred immediately to the Office of the Executive Director for visit authorization.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 103 - COMMUNITY PROGRAMS › Subchapter 8 - VISITS AND TELEPHONE USE IN RESIDENTIAL COMMUNITY HOMES › Section 13:103-8.26 - Notification in monthly report of bedside, private viewing, and funeral visits

Current through Register Vol. 56, No. 14, July 15, 2024
All bedside, private viewing, and funeral visits shall be noted in the Superintendent's monthly report.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 103 - COMMUNITY PROGRAMS › Subchapter 8 - VISITS AND TELEPHONE USE IN RESIDENTIAL COMMUNITY HOMES › Section 13:103-8.27 - Written procedures for telephone use

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each residential community home shall develop and implement written procedures that provide juveniles with reasonable and equitable access to telephones. These procedures shall specify:
1. The hours of telephone availability;
2. The maximum length of telephone calls; and
3. Any limitation on telephone calls.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 103 - COMMUNITY PROGRAMS › Subchapter 8 - VISITS AND TELEPHONE USE IN RESIDENTIAL COMMUNITY HOMES › Section 13:103-8.28 - Monitoring of telephone calls

Current through Register Vol. 56, No. 14, July 15, 2024
All juvenile telephone calls may be monitored and recorded except calls to the Office of Investigations and legal telephone calls that are made in accordance with 13:103-8.30.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 103 - COMMUNITY PROGRAMS › Subchapter 8 - VISITS AND TELEPHONE USE IN RESIDENTIAL COMMUNITY HOMES › Section 13:103-8.29 - Emergency telephone calls

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A juvenile shall be permitted to make monitored telephone calls of reasonable length, as determined by the monitor, in emergencies, such as, but not limited to:
1. The serious illness of a relative; or
2. The death of a relative.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 103 - COMMUNITY PROGRAMS › Subchapter 8 - VISITS AND TELEPHONE USE IN RESIDENTIAL COMMUNITY HOMES › Section 13:103-8.30 - Legal telephone calls

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Legal telephone calls may be made to the following individuals or agencies for assistance in legal research and/or preparation of legal documents:
1. Office of the Public Defender;
2. Regional legal services;
3. Court clerks; and
4. Attorneys.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 103 - COMMUNITY PROGRAMS › Subchapter 8 - VISITS AND TELEPHONE USE IN RESIDENTIAL COMMUNITY HOMES › Section 13:103-8.31 - Telephone calls between incarcerated relatives

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Telephone calls shall be permitted between incarcerated relatives provided that:
1. The relative relationship has been substantiated through documentation found in the classification folder or other appropriate resources;
2. The telephone calls have been approved by the Superintendent or designee; and
3. The frequency, duration, and time of the calls are coordinated between the correctional facilities involved, subject to other provisions of this subchapter.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 103 - COMMUNITY PROGRAMS › Subchapter 9 - USE OF FORCE › Section 13:103-9.1 - Authority to use non-deadly force

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Subject to the provisions of this subchapter, staff members are authorized to use appropriate non-deadly means to enforce community program rules and regulations. Such means include, but are not limited to:
1. "Constructive authority," which means authority that does not involve actual physical contact with the individual, but involves the use of the staff member'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, 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 103 - COMMUNITY PROGRAMS › Subchapter 9 - USE OF FORCE › Section 13:103-9.2 - Progressive use of force

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In any case that a staff member uses force, the staff member shall only use that force that is objectively reasonable and necessary under the totality of the circumstances as known by the staff member at the time force is used.
(b) Subject to the provisions of 13:103-9.3, a staff member may use the amount of force reasonably necessary to accomplish the immediate program objective.
1. If the individual resists, the staff member may increase the degree of force as necessary to accomplish that objective, but as soon as the individual submits, the staff member shall reduce the degree of force used.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 103 - COMMUNITY PROGRAMS › Subchapter 9 - USE OF FORCE › Section 13:103-9.3 - Prohibited use of force

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Community program staff members are prohibited from using the following:
1. Deadly force;
2. Physical force to prevent a juvenile from escaping or otherwise leaving supervision without permission;
3. Physical restraints, including chemical agents, handcuffs, and mechanical force;
4. Force used for punishment or reprisal;
5. Action intended to injure, as opposed to restrain;
6. Physical retaliation;
7. Punching with a closed fist;
8. Choking around the neck or throat;
9. Kicking;
10. Thrusting of anything into the eyes;
11. Biting, spitting, or pulling of hair;
12. Use of physical force after a juvenile has been restrained; and/or
13. Any use of force when off duty.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 103 - COMMUNITY PROGRAMS › Subchapter 9 - USE OF FORCE › Section 13:103-9.4 - Non-deadly physical force; when justified

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A staff member may use non-deadly physical force against persons only under the following circumstances:
1. To protect self or others against the use of unlawful force;
2. To protect self or others against death or serious bodily harm;
3. To prevent damage to property;
4. To prevent or quell a riot or disturbance;
5. To prevent a suicide or attempted suicide; or
6. To enforce community program regulations where expressly permitted by Commission rules or in situations where a shift supervisor believes that the juvenile's failure to comply constitutes an immediate threat to security of the community program or personal safety.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 103 - COMMUNITY PROGRAMS › Subchapter 9 - USE OF FORCE › Section 13:103-9.5 - Reports

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A staff member shall immediately contact his or her shift coordinator and shall complete a Form JJ-001, Incident Report, when he or she participated in, or witnessed, any incident in which:
1. Physical force is used;
2. An individual alleges that serious bodily harm has been inflicted; or
3. Such a report is required by either the Superintendent or the Director of Community Programs.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 103 - COMMUNITY PROGRAMS › Subchapter 9 - USE OF FORCE › Section 13:103-9.6 - Training

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Training in proper methods and techniques of using force and in the lawful and appropriate use of force shall be provided as part of the Basic Course for Direct Care Staff provided by the Commission's Office of Training or equivalent.
(b) All staff members shall receive annual refresher training in proper methods and techniques of using force and in the lawful and appropriate use of force in Community Programs. In addition to semi-annual training, retraining may be repeated as needed.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 103 - COMMUNITY PROGRAMS › Subchapter 9 - USE OF FORCE › Section 13:103-9.7 - Penalties for violation

Current through Register Vol. 56, No. 14, July 15, 2024
A staff member who violates the provisions of this subchapter restricting use of force, and any related internal management procedure implemented in connection therewith, shall be subject to disciplinary action.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 103 - COMMUNITY PROGRAMS › Subchapter 9 - USE OF FORCE › Section 13:103-9.8 - Community program internal management procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The superintendent shall prepare internal management procedures to govern the use of force consistent with this subchapter, subject to the prior review and approval by the Director of Community Programs or designee.
1. The internal management procedures shall be reviewed periodically, but in any event at least annually, to ensure incorporation of necessary and appropriate amendments.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 103 - COMMUNITY PROGRAMS › Subchapter 10 - PREGNANT JUVENILES AND CRITICAL INJURY OR DEATH OF JUVENILES › Section 13:103-10.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of this subchapter is to establish guidelines for:
1. Providing assistance to pregnant juveniles and placement of newborns born to juveniles;
2. Providing notification to next of kin in the event of a juvenile's critical illness or death; and
3. Ensuring referral to local law enforcement and to the Office of Investigations upon the happening of an unusual incident or event.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 103 - COMMUNITY PROGRAMS › Subchapter 10 - PREGNANT JUVENILES AND CRITICAL INJURY OR DEATH OF JUVENILES › Section 13:103-10.2 - Pregnancy tests; care of pregnant juveniles

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Commission shall provide every female juvenile with a routine pregnancy test upon initial admission to a Commission facility, and shall provide a pregnant juvenile with medical and social services, which at a minimum shall include:
1. Prenatal medical evaluation and care, including the routine pregnancy tests given to all female juveniles upon admission to the community program;
2. Nutritional supplements and diet as prescribed by a physician, advance practice nurse, or certified nurse midwife;
3. Counseling regarding:
i. Family planning;
ii. Prenatal Counseling and Education;
iii. Birth control;
iv. Test results;
v. Continuation or termination of pregnancy;
vi. Child placement services; and
vii. Religious counseling, if desired by the juvenile; and
4. Appropriate postpartum care, including counseling for trauma related to surrender of baby.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 103 - COMMUNITY PROGRAMS › Subchapter 10 - PREGNANT JUVENILES AND CRITICAL INJURY OR DEATH OF JUVENILES › Section 13:103-10.3 - Obstetrical services

Current through Register Vol. 56, No. 14, July 15, 2024
When the pregnant juvenile elects to carry the pregnancy to term, arrangements shall be scheduled in advance for the delivery at an appropriate medical facility.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 103 - COMMUNITY PROGRAMS › Subchapter 10 - PREGNANT JUVENILES AND CRITICAL INJURY OR DEATH OF JUVENILES › Section 13:103-10.4 - Maternity clothes, housing assignments, exercise, and work schedules

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The community program shall provide the pregnant juvenile with:
1. Suitable maternity clothes;
2. Appropriate housing assignments, as may be recommended by a physician, advanced practice nurse, or certified nurse midwife; and
3. Appropriate exercise and reduced work schedules, as deemed medically advisable by a treating physician, advance practice nurse, or certified nurse midwife.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 103 - COMMUNITY PROGRAMS › Subchapter 10 - PREGNANT JUVENILES AND CRITICAL INJURY OR DEATH OF JUVENILES › Section 13:103-10.5 - Continuation or termination of pregnancy

Current through Register Vol. 56, No. 14, July 15, 2024
(a) As soon as possible after the pregnancy is diagnosed, a physician, advanced practice nurse, or certified nurse midwife shall provide the pregnant juvenile with appropriate medical care, and the pregnant juvenile shall be given religious and social counseling to aid her in making the decision to continue or to terminate the pregnancy.
(b) Should the pregnant juvenile, parent, or guardian, as applicable, elect to terminate the pregnancy, arrangements shall be made by the health care provider without undue delay to schedule and complete the procedure, unless a treating physician, advance practice nurse, or certified nurse midwife determines that the pregnancy cannot be terminated.
(c) A juvenile, parent, or guardian, as applicable, who elects to terminate a pregnancy shall be required to sign a form indicating a desire to terminate the pregnancy and acknowledging that the juvenile has received medical care, and verifying that the juvenile and the parent or guardian, if applicable, has received the religious and social counseling required under (a) above.
(d) A pregnancy shall be terminated, and follow-up care shall be provided, only at a medical facility or hospital licensed in New Jersey.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 103 - COMMUNITY PROGRAMS › Subchapter 10 - PREGNANT JUVENILES AND CRITICAL INJURY OR DEATH OF JUVENILES › Section 13:103-10.7 - Placement of infants and infant's medical costs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Unless alternative legal custody arrangements have been made by the juvenile's family or others, temporary custody of an infant born to a pregnant juvenile shall be assumed, or otherwise determined, by the appropriate State child protective services agency, but at no time shall custody be vested in the Commission.
(b) At no time shall the Commission assume or otherwise be responsible for any of the infant's medical costs.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 103 - COMMUNITY PROGRAMS › Subchapter 10 - PREGNANT JUVENILES AND CRITICAL INJURY OR DEATH OF JUVENILES › Section 13:103-10.8 - Critical illness or death of a juvenile; notification of next of kin; referral to local law enforcement authorities and the Office of Investigations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Commission shall take all reasonable steps to notify a juvenile's adult relatives immediately of a juvenile's critical injury or death, including, when necessary and appropriate, seeking assistance from local law enforcement authorities and the New Jersey State Police.
(b) A letter confirming all steps taken to notify adult relatives shall be forwarded to the next of kin, and a copy of the letter shall be placed in the juvenile's file.
(c) In the event the juvenile is removed from the critical list, the next of kin shall again be informed in accordance with this section.
(d) In the case of a death of a juvenile, the Executive Director or designee shall be responsible to ensure that the following individuals are notified immediately:
1. The Regional Administrator;
2. The juvenile's next of kin;
3. The county medical examiner's office;
4. The appropriate State child protective services agency; and
5. The Office of Investigations.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 103 - COMMUNITY PROGRAMS › Subchapter 10 - PREGNANT JUVENILES AND CRITICAL INJURY OR DEATH OF JUVENILES › Section 13:103-10.9 - Advance directive for juvenile age 18 or older

Current through Register Vol. 56, No. 14, July 15, 2024
At the request of a juvenile who is 18 years old or older, an advance directive that complies with 26:2H-55 et seq. shall be placed in the juvenile's medical record.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 103 - COMMUNITY PROGRAMS › Subchapter 10 - PREGNANT JUVENILES AND CRITICAL INJURY OR DEATH OF JUVENILES › Section 13:103-10.10 - Security procedures upon the death of a juvenile

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The appropriate State child protective services agency shall be notified promptly of the death of any juvenile under the age of 18.
(b) If death is confirmed other than in a hospital, the body shall not be moved to a hospital without the approval of the county medical examiner.
(c) Prior to release of a body from the community program, hospital, or medical examiner, photographs and fingerprints shall be obtained by the Office of Investigations for the records.
(d) Subject to any religious tenets of the juvenile or intervening rights of a parent or guardian, an autopsy shall be performed when regulations by the county medical examiner so require and/or when requested by the medical or surgical staff of the medical facility where the juvenile expired.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 103 - COMMUNITY PROGRAMS › Subchapter 10 - PREGNANT JUVENILES AND CRITICAL INJURY OR DEATH OF JUVENILES › Section 13:103-10.11 - Claiming bodies of deceased juveniles

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Persons claiming the body of a deceased juvenile must contact the hospital where the juvenile expired or appropriate medical examiner's office where the body was taken in order to obtain the release of the body.
(b) The Commission shall not be responsible for the costs of burial or cremation for bodies of deceased juveniles that are claimed.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 103 - COMMUNITY PROGRAMS › Subchapter 10 - PREGNANT JUVENILES AND CRITICAL INJURY OR DEATH OF JUVENILES › Section 13:103-10.12 - Burial or cremation of unclaimed bodies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Commission shall arrange for the burial or cremation of unclaimed bodies of juveniles. The county medical examiner's office shall be contacted for assistance in such cases.
(b) An unclaimed body shall be cremated where it is reasonably believed that it would not violate the religious tenets of the deceased juvenile.
(c) The Social Security Administration, Veteran's Administration, and Public Welfare shall be contacted by the Commission for any possible death benefits.
(d) Money remaining in the account of a deceased juvenile may be used for burial or cremation expenses.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 103 - COMMUNITY PROGRAMS › Subchapter 10 - PREGNANT JUVENILES AND CRITICAL INJURY OR DEATH OF JUVENILES › Section 13:103-10.13 - Distribution of money and personal belongings of deceased juveniles

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to the distribution of any money remaining in the account of a deceased juvenile, those funds shall be used to pay:
1. Court ordered penalty assessments, restitution, and fines;
2. Other revenue obligations or fees;
3. Fees for medical and/or dental treatment; and
4. Fees for prescription or nonprescription drugs or medicine.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 103 - COMMUNITY PROGRAMS › Subchapter 10 - PREGNANT JUVENILES AND CRITICAL INJURY OR DEATH OF JUVENILES › Section 13:103-10.14 - Written procedures

Current through Register Vol. 56, No. 14, July 15, 2024
The Director of Community Programs or designee shall be responsible for the development and implementation of written procedures consistent with the requirements of this subchapter and shall incorporate these procedures in the community program resident handbook.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 103 - COMMUNITY PROGRAMS › Subchapter 11 - SEARCHES OF JUVENILES AND FACILITIES › Section 13:103-11.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
Community programs and juveniles may be searched as provided by this subchapter for the purpose of controlling and deterring the introduction and concealment of contraband. The definition of contraband and all procedures for disposition of contraband set forth in N.J.A.C. 13:103-12, Contraband and Disposition of Contraband, are fully applicable to this subchapter.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 103 - COMMUNITY PROGRAMS › Subchapter 11 - SEARCHES OF JUVENILES AND FACILITIES › Section 13:103-11.2 - Search plan

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each community program shall develop and implement a comprehensive written plan governing routine and random searches of facilities and juveniles. Each plan shall be submitted to the Office of the Executive Director for review and approval on or before February 15 of each year.
(b) Each community program shall have a staff member designated as Search Plan Coordinator.
(c) The Search Plan Coordinator shall submit monthly data to the Superintendent. The data shall include, but not be limited to, information regarding searches completed and contraband recovered. The reported data shall be included in the Superintendent's Monthly Report.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 103 - COMMUNITY PROGRAMS › Subchapter 11 - SEARCHES OF JUVENILES AND FACILITIES › Section 13:103-11.3 - Searches of juveniles and facilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All community program housing, work, educational, training, visitation, and other areas to which juveniles have access shall be searched thoroughly for contraband on a routine, continuing basis. Searches shall be unannounced and irregularly timed, and may be limited to a specific building or area.
(b) Procedures to be utilized in conducting searches shall be as set forth in an internal management document prepared by each community program Superintendent or designee to be promulgated pursuant to the search plan required by 13:103-11.2. Such procedures may provide that a juvenile may be excluded from entry into an area being searched to facilitate the safe and effective performance of the search.
(c) Searches of juveniles shall be conducted in a professional and dignified manner, with maximum courtesy and respect for the juvenile's person and under sanitary conditions.
(d) No juvenile shall be searched as punishment or discipline.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 103 - COMMUNITY PROGRAMS › Subchapter 11 - SEARCHES OF JUVENILES AND FACILITIES › Section 13:103-11.4 - Inspection of security devices

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All locks, windows, doors, door alarms, lock boxes, and other security devices, if applicable, shall be inspected daily to detect any tampering or defect.
(b) Emergency keys shall be checked at least once every calendar quarter to determine that they work properly.
(c) Inspections of security devices shall be conducted continuously and systematically but scheduled to avoid an observable or predictable routine. The results of all inspections shall be submitted in writing to the Superintendent or designee.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 103 - COMMUNITY PROGRAMS › Subchapter 11 - SEARCHES OF JUVENILES AND FACILITIES › Section 13:103-11.5 - Use of scanning/testing devices

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Searches of juveniles, areas, and objects by the use of scanning/testing devices may be done when necessary for security purposes. This may be, but is not limited to, a walk-through device or a handheld device that is passed over the fully clothed body of the juvenile. A scanning/testing device may also be utilized in conjunction with a strip search.
(b) Scanning/testing device searches of juveniles may be conducted by male or female staff members or scanning/testing device operators subject to the limitations set forth for strip searches in 13:103-11.7.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 103 - COMMUNITY PROGRAMS › Subchapter 11 - SEARCHES OF JUVENILES AND FACILITIES › Section 13:103-11.6 - Pat search

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A pat search shall be conducted while the juvenile is fully clothed. A pat search includes both the touching of the juvenile's body through clothing, including hair, dentures, etc., and a thorough examination into pockets, cuffs, seams, etc., and all personal property in the juvenile's possession.
(b) Pat searches of juveniles may be conducted at any time in the following circumstances:
1. Prior to the departure or return of the juvenile to or from any area where the juvenile has had access to dangerous or valuable items;
2. Prior to entering or departing a visiting room; or
3. Under any other circumstances where conditions indicate a need for such searches.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 103 - COMMUNITY PROGRAMS › Subchapter 11 - SEARCHES OF JUVENILES AND FACILITIES › Section 13:103-11.7 - Strip searches

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A strip search of a juvenile may be conducted only with the prior approval of the Director of Community Programs or designee when there is a clear indication that the juvenile is carrying or concealing contraband on his or her person, or in the juvenile's anal or vaginal cavity.
(b) A strip search shall be conducted while the juvenile is unclothed. A strip search includes a thorough and systematic examination of the juvenile's body and orifices, including visual inspection of external genital and anal areas, as well as the juvenile's clothing and all personal possessions.
(c) A strip search shall be conducted:
1. At a location where the search cannot be observed by unauthorized persons;
2. In a professional and dignified manner, with maximum courtesy and respect for the juvenile's person;
3. By the number of staff members deemed reasonably necessary to provide security;
4. Only by staff of the same gender as the juvenile and may include a scanning/testing device operator or operators of the same gender as the juvenile except as set forth in (d) below; and
5. Only by staff who have received Commission or equivalent training in the conducting of strip searches.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 103 - COMMUNITY PROGRAMS › Subchapter 11 - SEARCHES OF JUVENILES AND FACILITIES › Section 13:103-11.8 - Concealed contraband in juvenile's body cavity

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Body cavity searches shall not be conducted by community program staff.
(b) In the event the Superintendent or designee has reasonable suspicion to believe that contraband is being concealed in a juvenile's body cavity, local law enforcement authorities shall be notified immediately and the juvenile placed on constant observation.
1. If the contraband poses an immediate risk to the health and safety of the juvenile, the juvenile shall immediately be transferred to the nearest emergency room.
2. As soon as is practicable after notification of local law enforcement authorities, the Superintendent or designee shall notify the Regional Administrator, the Director of Community Programs, and the Office of Investigations.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 103 - COMMUNITY PROGRAMS › Subchapter 11 - SEARCHES OF JUVENILES AND FACILITIES › Section 13:103-11.9 - Canine searches

Current through Register Vol. 56, No. 14, July 15, 2024
Juveniles' possessions and all community programs, areas, objects, and properties under the jurisdiction of the Commission are subject to routine and random searches by canine teams, specially trained to discover and indicate to the handler(s) the presence of various substances and/or materials.