reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 90A - JUVENILE FUNDS AND GIFTS TO THE COMMISSION › Subchapter 3 - GIFTS TO THE COMMISSION AND EXPENDITURE OF JUVENILE WELFARE FUNDS › Section 13:90A-3.1 - Review and approval of proposed gifts

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A proposed gift to either the Commission or a Commission facility, including a proposed monetary gift for capital construction or acquisition, shall be referred to the Chief Fiscal Officer, who shall within two business days forward the proposal to the Director of Administration, with such supporting documentation as the Director of Administration may require, for a determination whether the proposed gift may impose a financial burden or obligation upon the State.
(b) Upon making the determination provided for in (a) above, the Director of Administration shall prepare a written recommendation to approve or disapprove the proposed gift, and shall forward the proposal, determination and recommendation to the Commission's Ethics Officer.
1. In consultation with the Ethics Liaison Officer of the Department of Law and Public Safety, the Commission's Officer shall review the proposed gift to determine whether it conforms to applicable conflict-of-interest and related ethics requirements.
2. The Commission's Ethics Officer shall issue his or her determination in writing, and shall submit it to the Executive Director or designee within three business days of receiving written notification of the gift.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 90A - JUVENILE FUNDS AND GIFTS TO THE COMMISSION › Subchapter 3 - GIFTS TO THE COMMISSION AND EXPENDITURE OF JUVENILE WELFARE FUNDS › Section 13:90A-3.2 - Gifts of money

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A gift of money with instructions as to its use shall be deposited into a dedicated account established for that purpose, and shall be used in accordance with the instructions of the donor, provided that any gift of money donated for a purpose that cannot lawfully be carried out shall be returned to the donor.
(b) A gift of money without instructions for its use:
1. If made to the Commission, shall be placed in the general fund;
2. If made to a single Commission facility, shall be deposited in the facility's juvenile welfare fund, and shall be used for the welfare of juveniles consistent with 13:90A-3.8(c)  and identified separately under the provisions of 13:90A-3.8(f);
3. If made to multiple Commission facilities, shall be distributed among the facilities' juvenile welfare funds in amounts determined by the Executive Director or designee, and shall be used for the welfare of juveniles consistent with 13:90A-3.8(c).
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 90A - JUVENILE FUNDS AND GIFTS TO THE COMMISSION › Subchapter 3 - GIFTS TO THE COMMISSION AND EXPENDITURE OF JUVENILE WELFARE FUNDS › Section 13:90A-3.3 - Gifts for research purposes

Current through Register Vol. 56, No. 14, July 15, 2024
Gifts for research purposes shall not be accepted unless the research project has been reviewed and approved by the Executive Director.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 90A - JUVENILE FUNDS AND GIFTS TO THE COMMISSION › Subchapter 3 - GIFTS TO THE COMMISSION AND EXPENDITURE OF JUVENILE WELFARE FUNDS › Section 13:90A-3.4 - Gifts of medical supplies or medical equipment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A proposed gift of medical supplies or medical equipment shall be submitted to the Commission's Director of Medical Services, who may approve acceptance of the gift if he or she determines that it supports reasonable medical needs of the Commission.
(b) If approved, the Director of Medical Services shall inform the Director of Administration for final approval or disapproval.
(c) The Director of Medical Services shall be responsible for actual acceptance of a gift of medical supplies or equipment, and for notifying the appropriate Superintendent or other facility manager in order to facilitate transportation and installation.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 90A - JUVENILE FUNDS AND GIFTS TO THE COMMISSION › Subchapter 3 - GIFTS TO THE COMMISSION AND EXPENDITURE OF JUVENILE WELFARE FUNDS › Section 13:90A-3.5 - Use of gifts to purchase supplies or equipment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If supplies or equipment are purchased with funds made available by gifts, such items shall be purchased from a vendor currently under contract to supply these items to the State, if a vendor is available.
(b) If supplies or equipment cannot be purchased from a vendor currently under State contract, competitive bids or price quotations shall be obtained consistent with then-current Treasury procurement policy.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 90A - JUVENILE FUNDS AND GIFTS TO THE COMMISSION › Subchapter 3 - GIFTS TO THE COMMISSION AND EXPENDITURE OF JUVENILE WELFARE FUNDS › Section 13:90A-3.6 - Accounting and security of gifts of money or material

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Assets and monies received as gifts shall be recorded by the Chief Fiscal Officer or business manager, as appropriate, in accordance with applicable requirements governing fixed assets inventory records.
(b) The Director of Administration or designee shall ensure that adequate accounting and security controls are in place to safeguard gifts of money and other assets from theft and misuse, and provide an appropriate accounting of all gifts received.
(c) At the close of every fiscal year, in a form to be determined by the Executive Director or designee, the Chief Fiscal Officer shall prepare and submit to the Director of Administration an annual report detailing gifts received during the fiscal year, and the progress of projects funded by those gifts and gifts from prior years.
1. The annual report shall include all gifts in excess of $ 100.00 dollars, provided, however, that gifts of lower amounts received on multiple occasions from a single donor shall be reported when the total amount of all such gifts exceeds $ 100.00.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 90A - JUVENILE FUNDS AND GIFTS TO THE COMMISSION › Subchapter 3 - GIFTS TO THE COMMISSION AND EXPENDITURE OF JUVENILE WELFARE FUNDS › Section 13:90A-3.7 - Sources of income for juvenile welfare funds

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each Commission facility shall have a juvenile welfare fund, money for which shall be derived from the following sources:
1. Profits from sales at commissaries;
2. Interest on juvenile welfare fund savings, if any;
3. Gifts donated for the direct benefit of the juvenile population;
4. Income from juvenile trust fund investments, if any; and
5. Gifts of money to a facility, without instructions as to its use.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 90A - JUVENILE FUNDS AND GIFTS TO THE COMMISSION › Subchapter 3 - GIFTS TO THE COMMISSION AND EXPENDITURE OF JUVENILE WELFARE FUNDS › Section 13:90A-3.8 - Accountability and expenditure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The business manager shall be responsible for maintaining juvenile welfare account funds and recordkeeping.
(b) The Superintendent or designee shall approve all expenditures of juvenile welfare funds in advance and in writing.
(c) Juvenile welfare funds shall be spent on amenities only for the use, benefit and general welfare of the juvenile population as a whole. Such amenities include, but are not limited to:
1. Recreation and sports equipment;
2. Television services;
3. Awards for academic, vocational and sporting achievements;
4. Library books;
5. Movies;
6. Magazines and other subscriptions;
7. Recreation activities;
8. Decorations, food and amenities for holiday and juvenile incentive program events;
9. Stipends for referees and guest speakers; and
10. Resources to enhance access to legal materials.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 90A - JUVENILE FUNDS AND GIFTS TO THE COMMISSION › Subchapter 4 - REPORTING LOSS OF FUNDS › Section 13:90A-4.1 - Reporting loss of funds

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any loss of funds at a facility shall be reported immediately to the Superintendent or designee, who shall then report the loss to the Office of Investigations.
(b) The Office of Investigations shall have primary responsibility for investigating any such loss of funds and shall be the Commission's liaison with outside law enforcement agencies.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 90A - JUVENILE FUNDS AND GIFTS TO THE COMMISSION › Subchapter 4 - REPORTING LOSS OF FUNDS › Section 13:90A-4.2 - Written report of loss of funds

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Within 48 hours after a loss of funds is discovered, a detailed written report of the loss shall be submitted by the Superintendent to the:
1. Director of Investigations or designee; and
2. Executive Director or designee.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 90A - JUVENILE FUNDS AND GIFTS TO THE COMMISSION › Subchapter 5 - REIMBURSEMENT OF JUVENILE FOR LOST, DAMAGED OR DESTROYED PERSONAL PROPERTY › Section 13:90A-5.1 - Filing of claim by juvenile

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When a juvenile claims the loss, damage or destruction of personal property, other than contraband, the juvenile shall complete and submit Form J943 I Juvenile Claim For Lost, Damaged or Destroyed Personal Property to the Superintendent or designee.
(b) The Superintendent or designee shall submit Form J943 I for investigation to the Director of Custody Operations or designee, in the case of a secure facility, or to the Office of Investigations, in case of other facilities. The investigation shall consist of, but not be limited to:
1. Obtaining statements from the juvenile, witnesses and facility staff; and
2. Verifying that the juvenile was authorized to have and was in possession of the property identified in the claim.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 90A - JUVENILE FUNDS AND GIFTS TO THE COMMISSION › Subchapter 5 - REIMBURSEMENT OF JUVENILE FOR LOST, DAMAGED OR DESTROYED PERSONAL PROPERTY › Section 13:90A-5.2 - Review standards for approving or denying a claim

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All relevant and equitable standards shall be considered when reviewing a claim for approval or denial, including:
1. Whether the investigation revealed any neglect by the facility;
2. Whether reasonable care was exercised by facility staff preventing property loss, damage or destruction;
3. Whether the juvenile exercised reasonable care in preventing property loss, damage or destruction;
4. Whether it has been proven that the juvenile was authorized to have and was in possession of the property identified in the claim;
5. The extent to which the juvenile cooperated with the investigation of the claim;
6. Whether the juvenile submitted the claim in a timely manner; and
7. Whether the loss or damage exceeds authorized amounts of facility personal property limits.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 90A - JUVENILE FUNDS AND GIFTS TO THE COMMISSION › Subchapter 5 - REIMBURSEMENT OF JUVENILE FOR LOST, DAMAGED OR DESTROYED PERSONAL PROPERTY › Section 13:90A-5.3 - Time limit for filing a claim

Current through Register Vol. 56, No. 14, July 15, 2024
(a) It shall be the juvenile's responsibility to initiate a claim by completing Form J943 I Juvenile Claim for Lost, Damaged or Destroyed Personal Property within 15 calendar days of the incident or discovery of the incident.
(b) Unless the Executive Director or designee determines that there are exceptional circumstances that require extending the investigative process, the Executive Director or designee shall submit Form J943 III and all other documents required by 13:90A-5.1(i)  to the Chief Fiscal Officer within 30 calendar days from the date the juvenile filed the claim.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 91 - TRANSFER OF JUVENILES TO THE DEPARTMENT OF CORRECTIONS › Subchapter 1 - GENERAL PROVISIONS › Section 13:91-1.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
This chapter sets forth the rules for the transfer of juveniles from the care and custody of the Commission to the Department, as authorized by 52:17B-175.e.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 91 - TRANSFER OF JUVENILES TO THE DEPARTMENT OF CORRECTIONS › Subchapter 1 - GENERAL PROVISIONS › Section 13:91-1.2 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
These rules apply to the New Jersey Juvenile Justice Commission and the New Jersey Department of Corrections and establish the regulations for transferring the custody and care of adjudicated delinquents 18 years of age or older.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 91 - TRANSFER OF JUVENILES TO THE DEPARTMENT OF CORRECTIONS › Subchapter 1 - GENERAL PROVISIONS › Section 13:91-1.4 - Forms

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following forms related to the transfer of juveniles are available through the Juvenile Reception Classification Committee:
1. The juvenile voluntarily requests a transfer to the Department by signing the Voluntary Transfer Request Form, Form 103; or
2. With respect to a proposed involuntary transfer, the determination has been upheld after a hearing before a hearing officer under the provisions of N.J.A.C. 13:91-3.
3. Form 103, Voluntary Transfer Request Form;
4. Form 104(a), Request of Waived Juvenile to Remain in Commission Custody; and
5. Form 104(b), Request of Waived Juvenile to Remain in Commission Custody.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 91 - TRANSFER OF JUVENILES TO THE DEPARTMENT OF CORRECTIONS › Subchapter 2 - TRANSFER AND REQUIREMENT FOR TRANSFER HEARING › Section 13:91-2.1 - Transfer criteria; transfer hearing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A juvenile who has reached the age of 18 may be transferred to the Department, only when the Superintendent, Secure Care Administrator, and Executive Director have approved a determination of the JRCC that the threshold criteria set forth in (b) below have been satisfied and:
1. The juvenile voluntarily requests a transfer to the Department by signing the Voluntary Transfer Request Form, Form 103; or
2. With respect to a proposed involuntary transfer, the determination has been upheld after a hearing before a hearing officer under the provisions of N.J.A.C. 13:91-3.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 91 - TRANSFER OF JUVENILES TO THE DEPARTMENT OF CORRECTIONS › Subchapter 2 - TRANSFER AND REQUIREMENT FOR TRANSFER HEARING › Section 13:91-2.2 - JRCC recommendation; administrative reviews

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When the JRCC determines that the threshold requirements of 13:91-2.1(b)  have been satisfied, the chair of the JRCC shall complete Form 101, recommending transfer of the juvenile to the Department, and shall submit the form, along with a copy of a classification summary, progress notes, and a narrative report describing the reasons for the transfer request, to the Superintendent.
(b) The Superintendent shall review the form submitted and supporting documentation identified in (a) above, and within three business days of receipt shall forward his or her recommendation for or against the recommended transfer, and the reasons therefor, by completing and signing Form 101, and shall then forward the form and supporting documentation to the Secure Care Administrator.
(c) The Secure Care Administrator shall make a recommendation for or against the transfer by signing Form 101 within three business days of receipt of the transfer request.
(d) If the Secure Care Administrator agrees with the recommendation for transfer of a juvenile, the Secure Care Administrator shall submit Form 101 and the supporting documents to the Executive Director or designee.
1. If the Secure Care Administrator does not agree with the recommendation for transfer of a juvenile, the Secure Care Administrator shall provide his or her reasons for not recommending the transfer on Form 101 and shall submit it and the supporting documents to the Executive Director or designee.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 91 - TRANSFER OF JUVENILES TO THE DEPARTMENT OF CORRECTIONS › Subchapter 2 - TRANSFER AND REQUIREMENT FOR TRANSFER HEARING › Section 13:91-2.3 - Forwarding of recommendation to Commissioner and Commissioner action for a juvenile who has been adjudicated delinquent

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Executive Director or designee shall transmit Form 101 to the Commissioner together with a formal request to transfer a juvenile to the Department:
1. Upon receiving the written determination provided for at N.J.A.C. 13:91-3.13 that the hearing officer has approved the transfer of a juvenile; or
2. If a juvenile requests a transfer by signing Form 103, Voluntary Request Form.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 91 - TRANSFER OF JUVENILES TO THE DEPARTMENT OF CORRECTIONS › Subchapter 2 - TRANSFER AND REQUIREMENT FOR TRANSFER HEARING › Section 13:91-2.3A - Transfer of a juvenile waived pursuant to the provisions of N.J.S.A. 2A:4A-26.1

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Executive Director or designee has the discretion to transfer a juvenile under the age of 21 who has been convicted of a crime and who is serving a custodial sentence in a Commission facility pursuant to the provisions at N.J.S.A. 2A:4A-26.1:
1. Upon receiving the written determination provided for at N.J.A.C. 13:91-3.13 that the hearing officer has approved the transfer of a juvenile; or
2. If a juvenile requests a transfer by signing Form 103, Voluntary Request Form.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 91 - TRANSFER OF JUVENILES TO THE DEPARTMENT OF CORRECTIONS › Subchapter 2 - TRANSFER AND REQUIREMENT FOR TRANSFER HEARING › Section 13:91-2.4 - Procedures for transfer

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon approval of a requested transfer by the Commissioner or designee, the JRCC shall arrange for the transfer of the juvenile.
(b) The JRCC shall coordinate the date and time of the transfer of the juvenile, along with his or her records and property, with administrative staff of the receiving correctional facility of the Department.
(c) The Department shall provide transportation of the juvenile.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 91 - TRANSFER OF JUVENILES TO THE DEPARTMENT OF CORRECTIONS › Subchapter 2 - TRANSFER AND REQUIREMENT FOR TRANSFER HEARING › Section 13:91-2.5 - Confidentiality of information and records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Commission and Department staff shall not discuss or disclose information to any unauthorized person or agency regarding a specific juvenile approved, being considered, or recommended for transfer.
(b) The records of a juvenile are designated confidential and shall not be disclosed to unauthorized persons or agencies in accordance with 2A:4A-60 et seq.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 91 - TRANSFER OF JUVENILES TO THE DEPARTMENT OF CORRECTIONS › Subchapter 3 - TRANSFER HEARING › Section 13:91-3.1 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
The requirement for a transfer hearing and the provisions of this subchapter shall apply to all proposed involuntary transfers of a juvenile.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 91 - TRANSFER OF JUVENILES TO THE DEPARTMENT OF CORRECTIONS › Subchapter 3 - TRANSFER HEARING › Section 13:91-3.2 - Designation and authority of the hearing officer

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All hearings on proposed transfers of juveniles to the Department shall be conducted at a secure facility by a hearing officer designated by the Attorney General or designee.
(b) The hearing officer shall have the authority to summon witnesses, take testimony, receive documentary evidence, and have access to all facility records that are relevant and necessary to the adjudication of a proposed transfer.
(c) The hearing officer shall have the discretion to keep the hearing within reasonable limits and to refuse to permit the collection and presentation of evidence that is not necessary for an adequate understanding of the case. The hearing officer shall exercise control over all presentations to prevent lack of relevancy, harassment, abuse, or repetitiveness.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 91 - TRANSFER OF JUVENILES TO THE DEPARTMENT OF CORRECTIONS › Subchapter 3 - TRANSFER HEARING › Section 13:91-3.3 - Service of JRCC determination; segregation of the juvenile

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Form 101 and accompanying narrative reports shall be served upon the juvenile by the Superintendent or designee within 24 hours of the Executive Directors approval under 13:91-2.2(c), shall be signed by the person delivering it, and the date and time of delivery shall be noted. The juvenile shall have at least 96 hours to prepare his or her objections to the transfer, and may request additional time to prepare by requesting a postponement under the provisions of 13:91-3.5(c).
1. At the time Form 101 and accompanying narrative reports are served on the juvenile, the juvenile shall be informed in writing and verbally of his or her right to retain counsel, as is provided for in 13:91-3.7.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 91 - TRANSFER OF JUVENILES TO THE DEPARTMENT OF CORRECTIONS › Subchapter 3 - TRANSFER HEARING › Section 13:91-3.4 - Requiring further investigation of proposed transfer

Current through Register Vol. 56, No. 14, July 15, 2024
The hearing officer may direct a further investigation in any case where he or she is of the opinion that additional information is necessary in order to either approve or reject the determination of the JRCC.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 91 - TRANSFER OF JUVENILES TO THE DEPARTMENT OF CORRECTIONS › Subchapter 3 - TRANSFER HEARING › Section 13:91-3.5 - Scheduling transfer hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Transfer hearings shall be convened at such times as are appropriate to carry out the work of the hearing officer.
(b) The juvenile shall be entitled to a hearing within six days of being served with Form 101, including weekends and legal holidays, unless the hearing is prevented by exceptional circumstances, unavoidable delays, or reasonable postponements. Should the sixth day fall on a Saturday, Sunday, or legal holiday, the last day for the hearing shall be the weekday immediately following the weekend or legal holiday.
(c) Requests for reasonable and necessary adjournments for an adequate presentation of the evidence shall be granted if the request is communicated to the office of the Superintendent at any time prior to the hearing time scheduled under (a) above by either the juvenile or the juvenile's representative.
(d) A request for a postponement made by a juvenile may be directed to any facility staff member, who shall immediately forward the request to the Office of the Superintendent. A request for a postponement made by the juveniles representative shall be submitted by fax or by email.
(e) No delays in hearing a proposed transfer shall be permitted for the purpose of punishment or discipline.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 91 - TRANSFER OF JUVENILES TO THE DEPARTMENT OF CORRECTIONS › Subchapter 3 - TRANSFER HEARING › Section 13:91-3.6 - Failure to adhere to time limits

Current through Register Vol. 56, No. 14, July 15, 2024
The failure to adhere to any of the time limits prescribed by this subchapter shall not by itself mandate the denial of a proposed transfer.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 91 - TRANSFER OF JUVENILES TO THE DEPARTMENT OF CORRECTIONS › Subchapter 3 - TRANSFER HEARING › Section 13:91-3.7 - Representation; interested party statements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A juvenile shall be represented at a transfer hearing, including at an in absentia hearing held under the provisions of 13:91-3.9, by the Office of the Public Defender, unless the juvenile chooses to be represented by nonprofit counsel or engage private counsel at the juvenile's expense.
1. The juvenile shall have 48 hours from the time of receiving notice of the proposed transfer, under the provisions of 13:91-3.3, to choose representation by either the Ombudsman or by private counsel.
2. The juveniles representative shall be permitted reasonable time to speak to the juvenile and shall be given at least 48 hours to prepare a challenge to the proposed transfer, and may request additional time to prepare by requesting a postponement with the consent of the juvenile under the provisions of 13:91-3.5(c).
3. An interested party, as defined in 13:91-1.3, may submit a written statement for consideration by the hearing officer by mail or by fax.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 91 - TRANSFER OF JUVENILES TO THE DEPARTMENT OF CORRECTIONS › Subchapter 3 - TRANSFER HEARING › Section 13:91-3.8 - Right of juvenile to appear at transfer hearing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A juvenile shall be permitted to be present throughout the transfer hearing except during the necessary deliberations of the hearing officer, and except in instances where facility security would be jeopardized by the juveniles presence.
(b) The reasons for excluding a juvenile from the hearing shall be documented on the Transfer Hearing Form, Form 102.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 91 - TRANSFER OF JUVENILES TO THE DEPARTMENT OF CORRECTIONS › Subchapter 3 - TRANSFER HEARING › Section 13:91-3.9 - In absentia hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A full in absentia hearing shall be conducted if the juvenile refuses to appear at the transfer hearing.
(b) The following procedures shall apply at all transfer hearings conducted in absentia that will enable the hearing officer to ensure that the juvenile has been given every opportunity to be present for the hearing.
1. The escorting staff member shall report the juveniles refusal to appear before the hearing officer.
2. A staff member shall deliver to the juvenile who refuses to appear a Refusal to Attend Hearing Notice that includes the following statement: "I voluntarily refuse to appear at this hearing. I understand that the hearing will be held in my absence."
3. The staff member shall advise the juvenile that the refusal to appear at the transfer hearing may result in an incomplete understanding by the hearing officer of the circumstances surrounding the proposed transfer. If the juvenile still refuses to appear at the transfer hearing, the juvenile shall be requested to sign a Refusal to Attend Hearing Notice immediately after the statement noted in (b)2 above.
4. In the event the juvenile refuses to sign his or her name where designated on the Refusal to Attend Hearing Notice and still refuses to appear, the notice shall be returned to the hearing officer and the following statement on the notice shall be acknowledged by the signature of the escorting staff member:
"Juvenile refuses to sign _______________________________ ."
Signature of Staff Member, Date
5. The refusal of a juvenile to attend a transfer hearing should be noted on the Transfer Hearing Form, Form 102, and the completed Refusal to Attend Hearing Notice shall be forwarded to the hearing officer and attached to the Transfer Hearing Form, Form 102.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 91 - TRANSFER OF JUVENILES TO THE DEPARTMENT OF CORRECTIONS › Subchapter 3 - TRANSFER HEARING › Section 13:91-3.10 - Opportunity to call witnesses and present evidence

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Juveniles shall be allowed to call witnesses and present documentary evidence in support of their challenge to a proposed transfer, unless the hearing officer determines that permitting such witnesses or evidence would pose a threat to the safety of either the juvenile, other juveniles, staff, or to the orderly and safe operation of the facility.
(b) All permitted witnesses and documentary evidence accepted shall be recorded on the Transfer Hearing Form, Form 102.
(c) The hearing officer shall review the evidence offered as reasonably available and necessary for proper understanding of the circumstances surrounding the proposed transfer, and shall have discretion to keep the hearing within reasonable limits and to refuse to call repetitive witnesses and witnesses who may create a risk of reprisal. For purposes of this subsection, "repetitive witnesses" are witnesses who provide the same account as a previous witness. "Repetitive witnesses" are not intended to refer to the calling of a witness who previously provided written documentary evidence. Unavailable witnesses may be asked to submit written statements. If the hearing officer refuses to permit one or more witnesses or accept any evidence, the reasons for each such refusal shall be documented on the Transfer Hearing Form, Form 102.
(d) The hearing officer, the juvenile, and the juveniles representative may question witnesses called at the request of the juvenile. The juvenile or the juveniles representative may request that specific questions be directed by the hearing officer to a witness. The hearing officer may take testimony in any manner or form necessary to protect facility safety. Such manner or form shall include, but shall not be limited to, the consideration of confidential reports.
1. If confidential reports are considered and relied upon by the hearing officer, a non-confidential summary must be provided to the juvenile and the Ombudsman and attached to the Transfer Hearing Form, Form 102.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 91 - TRANSFER OF JUVENILES TO THE DEPARTMENT OF CORRECTIONS › Subchapter 3 - TRANSFER HEARING › Section 13:91-3.11 - Confrontation and cross-examination

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The opportunity for confrontation and cross-examination shall be provided to the juvenile in such instances where the hearing officer deems it necessary for an adequate presentation of the evidence, particularly when serious issues of credibility are involved. The confrontation and cross-examination of all adverse witnesses must be noted on the Transfer Hearing Form, Form 102.
(b) The hearing officer may refuse confrontation and cross-examination when such confrontation and cross-examination would be unduly hazardous to facility safety. If the hearing officer refuses to permit cross-examination or confrontation, the reasons for each such refusal shall be documented on the Transfer Hearing Form, Form 102.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 91 - TRANSFER OF JUVENILES TO THE DEPARTMENT OF CORRECTIONS › Subchapter 3 - TRANSFER HEARING › Section 13:91-3.12 - Hearing officer recommendation; standard for recommendation and written findings

Current through Register Vol. 56, No. 14, July 15, 2024
(a)At the conclusion of the hearing, the hearing officer shall prepare written findings and a recommendation whether the proposed transfer should proceed.
1. A proposed transfer shall be recommended by the hearing officer only upon comprehensive and detailed findings, signed by the hearing officer and supported by clear and convincing evidence that one or more of the threshold standards set forth in 13:91-2.1(b)  have been satisfied.
i. Evidence relied upon in making the recommendation shall be clearly set forth in the written findings, which findings shall be attached to and made part of the Transfer Hearing Form, Form 102.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 91 - TRANSFER OF JUVENILES TO THE DEPARTMENT OF CORRECTIONS › Subchapter 3 - TRANSFER HEARING › Section 13:91-3.13 - Referral to Executive Director for final agency action and notice to juvenile

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Within 48 hours after the hearing has been completed, the hearing officer shall submit his or her recommendation and findings, including the Transfer Hearing Form, Form 102, to the Executive Director.
(b) Within 48 hours of receipt of the hearing officer's recommendation and findings, the Executive Director shall issue a written determination whether the juvenile shall be referred for transfer to the Department, which determination shall constitute final agency action.
1. Copies of the hearing officers recommendation and Executive Directors determination shall be given to the juvenile and forwarded to the Superintendent and Secure Care Administrator.
2. The juvenile shall be given copies of all evidence relied upon by the hearing officer in making the written recommendations and findings, except for evidence that, if released, would pose a threat to the safety of either the juvenile, other juveniles, staff, any witness or informant, or to the orderly and safe operation of the facility.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 92 - MANUAL OF STANDARDS FOR JUVENILE DETENTION FACILITIES › Subchapter 1 - INTRODUCTION › Section 13:92-1.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of this chapter is to:
1. Establish the minimum criteria for the administration of county juvenile detention facilities;
2. Establish standards for the provision of programs and services for juveniles in county juvenile detention facilities;
3. Establish standards to analyze and evaluate the performance and adequacy of services provided to juveniles by county juvenile detention facilities, and delineate the deficiencies which require improvement; and
4. Establish the minimum criteria for the planning, design and construction of new county juvenile detention facilities or the renovation of existing facilities.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 92 - MANUAL OF STANDARDS FOR JUVENILE DETENTION FACILITIES › Subchapter 1 - INTRODUCTION › Section 13:92-1.3 - Objectives of detention

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The objectives of detention are:
1. To provide secure custody for those juveniles who are deemed a threat to the physical safety of the community and/or whose confinement is necessary to insure their presence at the next hearing.
2. To minimize the potentially damaging effects of confinement in a secure setting by supporting the juvenile's physical, emotional, and social development, in an atmosphere which is as non-threatening as possible.
3. To meet the needs of juveniles through a constructive program offering educational, recreational, religious, and social opportunities.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 92 - MANUAL OF STANDARDS FOR JUVENILE DETENTION FACILITIES › Subchapter 2 - LEGAL PROVISIONS › Section 13:92-2.1 - Legal authority of Commission

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
									2A:4A-37 provides that the Juvenile Justice Commission shall specify the place where a juvenile may be detained, and that no juvenile shall be placed in detention in any place other than that specified by the Juvenile Justice Commission.
(b) In accordance with the above statutory requirements, the rules in this chapter are applicable to county juvenile detention facilities. In order to receive juveniles, a detention facility shall demonstrate to the satisfaction of the Commission through such methods and procedures as may be prescribed, that it complies with each of the rules in this chapter, which shall be interpreted as constituting minimum standards only.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 92 - MANUAL OF STANDARDS FOR JUVENILE DETENTION FACILITIES › Subchapter 2 - LEGAL PROVISIONS › Section 13:92-2.2 - Inspection provision

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In accordance with 2A:4A-37, and 52:17B-170, 171 and 176, the Commission has the power of visitation and inspection of all juvenile detention facilities.
(b) Each juvenile detention facility specified for use by the Commission shall be subject to announced and unannounced inspection visits by the Commission. These visits shall be for the purpose of inspecting and observing the physical condition of the facility, the methods of management and operation and the physical condition, care, treatment and discipline of the juveniles detained therein. In addition, any equipment or materials deemed necessary to carry out the Commission's inspection responsibilities shall be permitted into the facility.
(c) All books, records, accounts, and reports, past and present, shall be available for review. At all times a representative from the Commission shall be allowed to observe and interview juveniles and staff concerning any matter pertaining to the health, safety, treatment, training, and general well-being of the juveniles or pertaining to the operation of the detention facility itself.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 92 - MANUAL OF STANDARDS FOR JUVENILE DETENTION FACILITIES › Subchapter 2 - LEGAL PROVISIONS › Section 13:92-2.3 - Enforcement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If, upon completion of the inspection, the detention facility is found to be in violation of any parts of these standards, it shall be given notice by the Commission of these violations with 45 days to abate the said violations. In cases of severe violations or in cases where violations remain unabated, the Commission may withdraw its specification of the facility as an appropriate legal setting for the detention of juveniles.
(b) The Commission, in accordance with N.J.S.A. 52:17B-170e and 171, has the authority to institute such legal proceedings or processes as may be necessary to remedy improper conditions in the detention facilities.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 92 - MANUAL OF STANDARDS FOR JUVENILE DETENTION FACILITIES › Subchapter 2 - LEGAL PROVISIONS › Section 13:92-2.4 - Variance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If, in the enforcement of these rules, the Commission finds that to require a particular detention facility to comply strictly with one or more of the provisions of these rules is unreasonable, and it is shown clearly and convincingly to the Commission that compliance will result in undue hardship to the programs or goals and services, and if the detention facility is in substantial compliance with these rules and its general purpose and intent and, in addition, it complies with such specific conditions as the Commission may deem necessary for the protection of the health, safety, and welfare of juveniles, a variance may be granted specifically and in writing by the Commission.
1. An application for a variance stating the specific facts or reasons for the request shall be made in writing to the Commission.
2. The Commission shall grant a variance only if it is presented with convincing evidence that the variance is necessary and justified.
3. The Commission may periodically review and reevaluate the continuing necessity and justification for the variance.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 92 - MANUAL OF STANDARDS FOR JUVENILE DETENTION FACILITIES › Subchapter 2 - LEGAL PROVISIONS › Section 13:92-2.5 - Other legal authority

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Detention facilities shall conform to all applicable public health, safety, and fire codes, building regulations, laws, and regulations set forth by the State of New Jersey, the county, and municipality in which it is located.
(b) Each facility shall comply with the requirements of the Juvenile Justice and Delinquency Prevention Act of 1974, as amended, P.L. 102-586, 42 U.S.C. §§
										5633 et seq., and 28 C.F.R. Part 31 and related State and Federal laws and regulations involving: the deinstitutionalization of status offenders and non-offenders; and prohibited contact between juveniles and incarcerated adults.
(c) Each facility shall comply with the requirements of the Federal Prison Rape Elimination Act (PREA) of 2003 (42 U.S.C. §§
										15601 et seq.) and with Federal regulations establishing PREA standards for juvenile facilities, 28 CFR Part 115, Subpart D, as may be amended.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 92 - MANUAL OF STANDARDS FOR JUVENILE DETENTION FACILITIES › Subchapter 3 - ORGANIZATION AND ADMINISTRATION › Section 13:92-3.1 - Responsibilities of the County Boards of Chosen Freeholders or County Executive

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Among the responsibilities of the County Boards of Chosen Freeholders or the County Executive, as appropriate, or their duly authorized representatives shall be the following:
1. To secure and maintain fire insurance on the detention facility as well as comprehensive liability insurance for the staff and juveniles. Workers' compensation insurance shall also be provided for all staff of the detention facility.
2. To select and appoint a facility administrator to administer and give professional leadership to the facility and its program.
3. To assure adequate financial support for the facility.
4. To approve an annual budget for services and programs for the ensuing year prior to the end of each fiscal year, based on anticipated needs and projected plans.
5. To appraise continuously the adequacy and quality of the services provided by the detention facility.
6. To keep a written record of official actions, including those pertaining to administration of funds and development of programs and services.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 92 - MANUAL OF STANDARDS FOR JUVENILE DETENTION FACILITIES › Subchapter 3 - ORGANIZATION AND ADMINISTRATION › Section 13:92-3.2 - Financial requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Systems and procedures for the management of funds, real properties, and securities shall be maintained in accord with sound budgeting disbursement and audit procedures.
(b) The detention facility budget shall include provisions for:
1. Salaries and costs of staff development;
2. Cost of food;
3. Cost of clothing;
4. Cost of medical, dental, and related services;
5. Cost of psychological and psychiatric services;
6. Adequate physical facilities and equipment and maintenance of same;
7. Cost of indoor and outdoor recreational materials and/or services;
8. Cost of educational equipment and supplies and/or services; and
9. Such special services as may be required.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 92 - MANUAL OF STANDARDS FOR JUVENILE DETENTION FACILITIES › Subchapter 4 - PHYSICAL STANDARDS › Section 13:92-4.2 - Juvenile population capacity

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each detention facility shall be inspected by the Commission and, in consultation with the administrator of the facility, assigned a maximum population capacity based on minimum standards established herein. This population capacity will also be based on the Commission's analysis of the facility's staffing.
(b) The population of a detention facility shall not exceed the maximum population capacity as assigned by the Commission.
1. The following options may be explored to reduce the population if a detention facility is regularly over the maximum population capacity:
i. In conjunction with the Family Court judge, those juveniles who may be better served in their own homes, resource family homes, detention alternative programs, or designated shelters should be identified and released.
ii. The use of a neighboring county's detention facility is required in situations of overcrowding, in accordance with 2A:4A-37.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 92 - MANUAL OF STANDARDS FOR JUVENILE DETENTION FACILITIES › Subchapter 4 - PHYSICAL STANDARDS › Section 13:92-4.4 - Fire protection

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each detention facility shall be in compliance with all appropriate provisions of the New Jersey Uniform Fire Safety Act, 52:27D-192 et seq., including provision for fire suppression, smoke detection, and automatic alarm systems.
(b) New detention facilities shall be equipped with a centralized automated lock release system for sleeping room doors and egress doors.
(c) In new and renovated facilities, sprinkler heads in juvenile sleeping rooms shall be evaluated by the Commission for their suicide-resistant properties prior to approval. In addition, the placement of sprinkler heads in the sleeping rooms shall minimize juvenile access and tampering.
(d) Only fire-resistant mattresses, approved by the Commission, shall be utilized in juvenile detention facilities.
(e) Emergency evacuation drills shall be carried out at least once per month at various times of the day and evening, including sleeping hours, and a record kept and periodically evaluated. The evacuation record shall include:
1. The date and time;
2. The weather conditions;
3. The number of residents and staff evacuated;
4. The total time to evacuate; and
5. The signature of the fire drill coordinator.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 92 - MANUAL OF STANDARDS FOR JUVENILE DETENTION FACILITIES › Subchapter 4 - PHYSICAL STANDARDS › Section 13:92-4.5 - Sleeping rooms

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Individual sleeping rooms shall contain a minimum of 65 square feet of floor space. Multi-occupancy sleeping rooms shall contain a minimum of 50 square feet of floor space per juvenile and a minimum distance of three feet between beds.
(b) There shall be a minimum of eight feet from ceiling to floor.
(c) For those detention facilities which primarily utilize multi-occupancy sleeping rooms, an adequate number of individual sleeping rooms shall be provided for those juveniles whose needs warrant an individual room.
(d) All sleeping rooms occupied by juveniles shall be in compliance with the indoor air quality required by N.J.A.C. 5:23-3.20A and shall have at least one window facing directly to the exterior. Each window shall be covered by a stainless steel mesh detention screen or made of security glazing.
(e) The door of every sleeping room shall have a view panel that allows complete visual supervision of all parts of the room.
(f) Beds shall be equipped with comfortable fire and water-resistant mattresses and pillows, approved by the Commission. Sheets, pillowcases and blankets shall also be provided, preferably of a fire-resistant type.
(g) Electric lights in sleeping rooms shall be bright enough to permit easy reading by a person with normal vision, shall provide a minimum of 20 foot candle illumination and shall be protected by a tamper-proof safety cover.
(h) Individual room furnishings and fixtures shall be attractive and durable and securely fastened to the floor or wall, preferably both. All furniture, fixtures and room design elements shall be suicide-resistant, tamper-proof, able to withstand excessive abuse and have no anchoring points which would permit suicide hanging attempts.
(i) When beds are replaced in existing facilities, suicide-resistant platform beds shall be provided and securely fastened to the wall and/or floor.