reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 20 - VISITS AND TELEPHONE › Section 13:95-20.20 - 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 secure facility regulations, other than those regulations 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 rules of the secure facility are violated by the visitor, provided that such rules are posted;
6. Children are disturbing other persons in the visiting area;
7. Physical contact between the visitor and juvenile which is in excess of 13:95-20.17(d); or
8. Any action that affects the ability of the staff to ensure the safe, secure and orderly operation of the secure facility and the visiting room.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 20 - VISITS AND TELEPHONE › Section 13:95-20.21 - Request to reinstate contact visit privileges

Current through Register Vol. 56, No. 14, July 15, 2024
A juvenile may request the reinstatement of contact visit privileges that were terminated after 120 days from the date the sanction was imposed. On or after that date, the juvenile may forward a written request for reinstatement of contact visit privileges to the Superintendent or designee. If a request is not produced by the juvenile, no consideration of reinstatement shall be extended. If the Superintendent or designee determines that an juvenile's contact visit privileges should be reinstated, such recommendation shall be forwarded to the Executive Director or designee for review and final approval or disapproval. No reinstatement shall be permitted without the expressed consent/approval of the Executive Director or designee.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 20 - VISITS AND TELEPHONE › Section 13:95-20.22 - Suspension of visiting program under emergency conditions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Director of Operations 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 secure facility.
(b) Information concerning any such suspension shall made known by public announcement of the emergency.
(c) The scheduling of visiting, in terms of the number of visitors, times of visitation and frequency of visits, shall be subject to special conditions as determined by the Director of Operations.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 20 - VISITS AND TELEPHONE › Section 13:95-20.23 - Bedside, private viewing, and funeral visits: authority

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Subject to the provisions of 13:95-20.25, 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, as relative is defined in 13:95-1.3, when no relatives or friends are present.
(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 Operations.
(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 Operations.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 20 - VISITS AND TELEPHONE › Section 13:95-20.24 - 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 as defined in 13:95-1.3 and this subchapter (see 13:95-20.4 ).
(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 95 - SECURE FACILITIES › Subchapter 20 - VISITS AND TELEPHONE › Section 13:95-20.25 - Eligibility and restrictions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The secure facility Superintendent or designee shall determine whether a juvenile is eligible to go on a bedside, private viewing, and/or funeral visit, subject to the following restrictions:
1. The juvenile shall not be permitted to go on a bedside, private viewing, or funeral visit that is outside the State of New Jersey.
2. The juvenile shall not be permitted to go on a bedside, private viewing or funeral visit that is in a private residence.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 20 - VISITS AND TELEPHONE › Section 13:95-20.26 - Security

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 custody staff members.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 20 - VISITS AND TELEPHONE › Section 13:95-20.27 - 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 95 - SECURE FACILITIES › Subchapter 20 - VISITS AND TELEPHONE › Section 13:95-20.28 - Payment of visit expenses

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The juvenile or the juvenile's family shall reimburse the secure facility for all travel and other necessary expenses.
(b) No juvenile shall be denied approval for a bedside, private viewing, or funeral visit solely because of the inability of the juvenile and his or her family to pay travel and other expenses. In the event that a juvenile is indigent and it can be verified that the juvenile's family is unable to reimburse the secure facility for the expenses of a bedside, private viewing, or funeral visit, the secure facility shall assume the expenses of the visit.
(c) The Business Office of the secure facility shall predetermine the expenses claimed for reimbursement upon the approval of the Superintendent.
(d) In accordance with 13:95-9.13(c), a detailed written statement of expenses shall be prepared to determine the amount of reimbursement due.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 20 - VISITS AND TELEPHONE › Section 13:95-20.30 - Written procedures for telephone use

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each secure facility shall develop and implement written procedures which provide juveniles with reasonable and equitable access to public 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 95 - SECURE FACILITIES › Subchapter 20 - VISITS AND TELEPHONE › Section 13:95-20.31 - 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 which are made in accordance with 13:95-20.34.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 20 - VISITS AND TELEPHONE › Section 13:95-20.32 - Cost of telephone calls

Current through Register Vol. 56, No. 14, July 15, 2024
Outgoing telephone calls made by juveniles shall be collect calls with the exception of telephone calls between incarcerated relatives which shall be handled in accordance with 13:95-20.35.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 20 - VISITS AND TELEPHONE › Section 13:95-20.33 - 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;
2. The death of a relative; or
3. An impending disaster related to the juvenile's property which cannot be deferred until regular mail delivery.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 20 - VISITS AND TELEPHONE › Section 13:95-20.34 - Legal telephone calls

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Superintendent of the secure facility shall establish written rules and regulations by which legal telephone calls may be made by:
1. Juveniles;
2. Juvenile paralegals; and
3. Professional staff.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 20 - VISITS AND TELEPHONE › Section 13:95-20.35 - 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 Classification Committee;
3. The full costs of the telephone calls are borne by the juveniles involved; and
4. The frequency, duration and time of the calls are coordinated between the secure facilities involved, subject to other provisions of this subchapter.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 20 - VISITS AND TELEPHONE › Section 13:95-20.36 - Telephone use by authorized juvenile groups

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Secure facilities are not obligated to provide direct telephone lines to juvenile groups or organizations.
(b) Authorized juvenile groups and organizations may be permitted to make telephone calls to achieve approved objectives of that group in accordance with written policies established by the Superintendent.
(c) Authorized groups and organizations shall assume the cost of telephone calls that are made in furtherance of their approved objectives.
(d) Telephone calls may be monitored at the discretion of the Superintendent or designee.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 20 - VISITS AND TELEPHONE › Section 13:95-20.37 - Telephone use by juveniles in protective and temporary close custody

Current through Register Vol. 56, No. 14, July 15, 2024
Access to telephones by juveniles in protective and temporary close custody shall be governed by N.J.A.C. 13:95-11, Protective and Temporary Close Custody.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 21 - REPORTS › Section 13:95-21.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of this subchapter is to establish:
1. Guidelines for providing reports to and among officials within the Commission and, when necessary, to outside law enforcement agencies;
2. Guidelines for cooperation with law enforcement or other outside agencies in the event of an unusual incident or event;
3. Guidelines for providing written reports of the release, critical illness or death of a juvenile;
4. Procedures for handling reportable and non-reportable suspected violations of criminal statutes; and
5. Reporting responsibilities of the Office of Investigations.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 21 - REPORTS › Section 13:95-21.2 - Written reports regarding release of a juvenile into a residential community facility

Current through Register Vol. 56, No. 14, July 15, 2024
Written reports regarding the release of a juvenile into a residential community facility shall be provided in accordance with applicable Commission rules relating to residential community facilities.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 21 - REPORTS › Section 13:95-21.3 - Written reports regarding release of a juvenile from custody

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Written reports regarding the release of a juvenile from custody shall be provided in accordance with 30:4-6.1 and 30:4-82.4.
(b) No less than 90 days before the date on which a juvenile's maximum term is scheduled to expire, the Director of Operations or designee shall provide written notification of the juvenile's status to the Attorney General and the prosecutor of the county from which the juvenile was committed when:
1. The juvenile was adjudicated delinquent for an offense which, if committed by an adult, would constitute aggravated sexual assault, sexual assault or aggravated criminal sexual contact, and the court imposing sentence found that the offender's conduct was characterized by a pattern of repetitive, compulsive behavior;
2. The Superintendent of the secure facility in which the juvenile has been confined has advised the Executive Director or designee that the conduct of the juvenile during the period of confinement, the juvenile's mental condition, or, if 18 years of age or older, the juvenile's past history indicates that the juvenile may be "in need of involuntary commitment," as that term is defined in 30:4-27.2;
3. The juvenile was adjudicated delinquent for an offense which, if committed by an adult, would constitute "sexually violent offense" as defined in 30:4-27.2 6; or
4. The juvenile was adjudicated delinquent for an offense which, if committed by an adult, would constitute murder; manslaughter; aggravated sexual assault; sexual assault; aggravated assault; aggravated criminal sexual contact; kidnapping pursuant to paragraph (2) of subsection c. of 2C:13-1; endangering the welfare of a child by engaging in sexual conduct which would impair or debauch the morals of the child pursuant to subsection a. of 2C:24-4; endangering the welfare of a child pursuant to paragraph (4) of subsection b. of 2C:24-4; luring or enticing pursuant to 2C:13-6; or any other offense involving serious bodily injury or an attempt to commit any of the aforementioned offenses.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 21 - REPORTS › Section 13:95-21.4 - Written reports regarding the critical illness or death of a juvenile

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Notification to the juvenile's next of kin of a juvenile's critical illness or death shall be in accordance with N.J.A.C. 13:95-17.
(b) Written reports of the death of a juvenile shall be provided to the prosecutor of the county from which the juvenile was committed by the Superintendent or designee of the Commission facility that maintains the juvenile's classification and medical files as soon as possible on the next business day after the death of the juvenile.
(c) Written reports of the death of a juvenile shall be provided to the appropriate Commission health services office.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 21 - REPORTS › Section 13:95-21.5 - Initial response to an unusual incident or event

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon the occurrence of an unusual incident or event, as defined in 13:95-1.3, the Superintendent or designee shall immediately notify the Office of Investigations by telephone.
(b) Pending arrival on the scene of Office of Investigation personnel, the Superintendent or designee shall assign a custody supervisor with a rank not lower than sergeant to secure and/or cordon off the location of the incident or event, as appropriate.
(c) No one, including non-custody staff and custody staff, shall be permitted access to the secured area and nothing shall be touched, moved or destroyed until the Office of Investigations has completed its examination of the secured area.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 21 - REPORTS › Section 13:95-21.6 - Follow up written report

Current through Register Vol. 56, No. 14, July 15, 2024
Within 48 hours of the occurrence of the unusual incident or event, the Superintendent or designee shall prepare and shall submit to the Office of Investigations and to the Director of Operations a detailed written report that discloses all material facts and allegations relating to the incident or event, including copies of all related special reports.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 21 - REPORTS › Section 13:95-21.7 - Superintendent notification of law enforcement agencies, sentencing judge and classification officer upon escape of a juvenile

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In addition to any other requirements of this subchapter, upon any escape or walk away of a juvenile from a secure facility, juvenile transport, court, funeral or bedside visit, or from any other situation of custody, the Superintendent or designee shall immediately notify by telephone:
1. All relevant outside law enforcement agencies, as defined by 13:95-21.9;
2. The sentencing judge; and
3. The secure facility's classification officer.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 21 - REPORTS › Section 13:95-21.8 - Office of investigations notification of law enforcement agencies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon receipt of the notification from the Superintendent required by 13:95-21.5, the Office of Investigations shall promptly report by telephone to the relevant law enforcement agencies, including appropriate county prosecutors, all acts committed which may constitute crimes of the first, second, third or fourth degree under the Criminal Code of the State of New Jersey, 2C:1-1 et seq.
(b) The Office of Investigations shall promptly inform relevant law enforcement agencies, county prosecutors and the sentencing judge of the capture or other return of an escaped juvenile.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 21 - REPORTS › Section 13:95-21.9 - Commission liaison to outside law enforcement agencies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Office of Investigations shall serve as the liaison to all outside law enforcement agencies with respect to secure facilities.
(b) The liaison shall have the general responsibility of effecting a cooperative relationship with outside law enforcement agencies during investigations conducted and/or associated with a secure facility. These outside law enforcement agencies shall include, but are not limited to:
1. County prosecutors;
2. State and local police agencies;
3. The New Jersey Division of Criminal Justice;
4. The Federal Bureau of Investigations; and
5. The United States Department of Treasury.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 21 - REPORTS › Section 13:95-21.10 - Cooperation with outside law enforcement agencies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In the event that an outside law enforcement agency wishes to send an observer to a secure facility in connection with the investigation of an unusual incident or event, the Superintendent or designee shall inform the Office of Investigations.
(b) Personnel from the Office of Investigations shall conduct all briefings of observers from outside law enforcement agencies.
(c) The Superintendent shall ensure that relevant secure facility staff are made available to outside law enforcement agencies that are undertaking lawful investigations of any unusual incident or event. Unusual requests for assistance made by outside law enforcement agencies shall be referred to the Director of Operations.
(d) Information concerning an unusual incident or event shall be shared with investigating outside law enforcement agencies in an accurate and timely manner.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 21 - REPORTS › Section 13:95-21.11 - Dissemination of reporting procedures for unusual incidents and events

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each secure facility shall be responsible for developing written procedures and post orders concerning the reporting of unusual incidents and events, consistent with the provisions of this subchapter.
(b) Copies of the written procedures and/or post orders regarding the reporting of unusual incidents or events shall be disseminated to all supervisory custody personnel.
(c) Copies of the procedures and post orders shall be maintained at the Center Control.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 21 - REPORTS › Section 13:95-21.12 - Reportable suspected violations of criminal statutes

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Office of Investigations shall be responsible for ensuring that the following suspected violations of criminal statutes are reported in writing to the prosecutor of the county in which the secure facility is located, if the act occurred in a secure facility, or to the county prosecutor where the suspected violation of the criminal statutes occurred:
1. All acts committed by juveniles, staff or visitors, which could constitute offenses of the first, second, third or fourth degree under the New Jersey Criminal Statutes or the Controlled Dangerous Substance Act, 24:21-1 et seq.;
2. Simple assaults committed by juveniles, staff or visitors, which become aggravated assaults if committed upon any law enforcement officer acting in the performance of his or her duties while in uniform or while exhibiting evidence of his or her authority, pursuant to N.J.S.A. 2C:12-1a and b;
3. Any act which would constitute an indictable offense under the Controlled Dangerous Substance Act; or
4. The introduction of, or providing a juvenile with, any weapon, tool or other item which could be used in an escape.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 21 - REPORTS › Section 13:95-21.13 - Non-reportable violations of criminal statutes

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following violations of criminal statutes need not be reported by the Office of Investigations to the county prosecutor:
1. Possession or introduction of contraband unless said contraband constitutes an implement of escape or unless said contraband would constitute an indictable offense under the Controlled Dangerous Substance Act; or
2. Any act which would constitute a disorderly or petty disorderly persons offense under the New Jersey Criminal Statutes.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 21 - REPORTS › Section 13:95-21.14 - Office of Investigations reporting procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Office of Investigations shall be responsible for investigating and preparing written investigative reports upon the occurrence of incidents and events as established in this chapter.
(b) The Office of Investigations shall ensure that all juvenile acts which may constitute crimes of the first, second, third or fourth degree under the Criminal Code of the State of New Jersey, 2C:1-1 et seq., requiring written prosecutor notification shall be timely forwarded to the appropriate county prosecutor.
(c) Any additional pertinent information compiled subsequent to the primary investigative report shall be forwarded by the Office of Investigations to the appropriate Prosecutor as expeditiously as possible.
(d) The Office of Investigations shall be responsible to ensure that all investigative reports shall be made available upon request to the:
1. Executive Director;
2. Deputy Executive Director; and
3. Director of Operations.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 96 - JUVENILE PAROLE AND TRANSITIONAL SERVICES › Subchapter 1 - GENERAL PROVISIONS › Section 13:96-1.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purposes of this chapter are to establish:
1. A comprehensive system governing the release of juveniles on parole;
2. Uniform requirements governing conditions of juvenile parole, the supervision of juvenile parolees, and the revocation of juvenile parole;
3. Policies and procedures in connection with the Office of Juvenile Parole and Transitional Services (JP&TS) regarding the use of force by juvenile parole officers, both on-duty and off-duty;
4. Policies and procedures regarding juvenile parole officers' use of firearms, both on-duty and off-duty;
5. Procedures governing the search and urine monitoring of juvenile parolees;
6. Procedures for the seizure and processing of contraband taken from a juvenile parolee by a juvenile parole officer; and
7. Procedures governing the transportation of juveniles and juvenile parolees under authority of the Office of Juvenile Parole and Transitional Services.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 96 - JUVENILE PAROLE AND TRANSITIONAL SERVICES › Subchapter 1 - GENERAL PROVISIONS › Section 13:96-1.3 - Oath of office form

Current through Register Vol. 56, No. 14, July 15, 2024
An oath of office form shall be reproduced from originals that are available by contacting the Commission's Office of Training.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 96 - JUVENILE PAROLE AND TRANSITIONAL SERVICES › Subchapter 1 - GENERAL PROVISIONS › Section 13:96-1.4 - Confidentiality of information

Current through Register Vol. 56, No. 14, July 15, 2024
All information contained in the master lists or reports maintained or submitted by employees of the Commission pursuant to the requirements of this chapter shall be confidential and such master lists and reports shall not be subject to public inspection or copying pursuant to the Open Public Records Act, 47:1A-1 et seq.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 96 - JUVENILE PAROLE AND TRANSITIONAL SERVICES › Subchapter 2 - JUVENILE RELEASE SYSTEM › Section 13:96-2.1 - Factors affecting parole release dates

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In accordance with the provisions of N.J.S.A. 2A:4A-44, and consistent with the provisions of this section, the Executive Director shall implement a standardized juvenile release system designed to incentivize positive behavior and participation in rehabilitative programming among juveniles, and which shall contain, at a minimum, the following elements:
1. An IPPD, which is two-thirds of a juvenile's term, minus jail credits or other credits earned while in a county juvenile detention facility or county jail, and, if applicable, an SPPD, which is two-thirds of a juvenile's remaining term for any juvenile returned to custody for violating conditions of parole supervision.
2. A system that automatically subtracts days from or adds days to the IPPD or SPPD which may decrease the PPD to as little as 33.33 percent of the term of commitment and increase the PPD to as much as 100 percent of the term of commitment, less any other jail credits awarded by the court, as follows:
i. Upon initial intake at reception, days shall begin to be subtracted from, or added to, the IPPD or SPPD, and shall range from a maximum of one day subtracted from the IPPD or SPPD for every day in custody for juveniles at the lowest custody level and highest behavioral rating, to a maximum of one day added to the ippd or sppd for juveniles at the highest custody level and lowest behavioral rating, as follows:
Juvenile's Custody Level and Behavioral Rating
Days Subtracted from the IPPD or SPPD Per Day Served in Custody
While Awaiting Initial Classification Assignment
-0.5
1A, 2.1A, 1.2A
-1.0
1B, 2.1B, 1.2B
-0.75
1C, 2.1C, 1.2C
-0.5
2A
-0.25
2B
0
2C
+0.25
3A
+0.5
3B
+0.75
3C
+1.0
ii. Five days shall be added to the IPPD or SPPD for the following violations set forth at N.J.A.C. 13:101-4.1: J101, J201A, J201C, J201B, J202, J204, J301, J401, J501, J502, J601, J703, and J704.
3. In addition to (a)2 above, the review committee may recommend discretionary release credits that may further decrease time served as follows:
i. Subject to the review and approval of the Panel provided for pursuant to N.J.A.C. 13:96-2A, up to six days of discretionary juvenile release credits may be subtracted from the IPPD or SPPD on a quarterly basis by the review committee. The only factors to be considered by the review committee when recommending discretionary juvenile release credits are the extent and nature of the juvenile's:
(A) Engagement in rehabilitative and educational programming;
(B) Progress toward completing goals identified in his or her case action plan; and
(C) Behavior while in custody.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 96 - JUVENILE PAROLE AND TRANSITIONAL SERVICES › Subchapter 2 - JUVENILE RELEASE SYSTEM › Section 13:96-2.2 - Review committee

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Executive Director shall establish one or more multi-disciplinary standing review committees and shall appoint the Chair of each such committee.
(b) A review committee shall:
1. Undertake quarterly reviews of a juvenile's release status. The juvenile shall be present for such review and have an opportunity to address the review committee;
2. Make recommendations regarding a juvenile's quarterly allocation of discretionary juvenile release credits provided for at N.J.A.C. 13:96-2.1(a)2i;
3. Notify a juvenile of his or her PPD;
4. Make recommendations regarding a juvenile's CPD and conditions of parole; and
5. Make recommendations regarding a juvenile's term of PI supervision.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 96 - JUVENILE PAROLE AND TRANSITIONAL SERVICES › Subchapter 2 - JUVENILE RELEASE SYSTEM › Section 13:96-2.3 - Finalizing the projected parole date

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For category 1 juveniles, days shall no longer be subtracted from the IPPD or SPPD once the juvenile is within 100 days of the PPD, in order to effectuate the provisions at N.J.S.A. 30:4-27prior to release; for all other juveniles, days shall no longer be subtracted from the IPPD or SPPD once the juvenile is within 40 days of the PPD.
1. No later than five days after reaching the 100-day or 40-day mark, as applicable, the Classification Manager, or his or her designee, shall send written notification of the PPD to the Panel.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 96 - JUVENILE PAROLE AND TRANSITIONAL SERVICES › Subchapter 2 - JUVENILE RELEASE SYSTEM › Section 13:96-2.4 - PI supervision; release

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For juveniles whose release dates do not provide for at least six months of parole supervision, the committee may recommend to the Panel that a juvenile serve a term of PI supervision of up to six months, when the committee determines that PI supervision is necessary to effectuate the juvenile's rehabilitation and reintegration into society.
(b) When it is determined that a term of PI supervision is necessary, the term of PI supervision shall commence upon the juvenile's release from custody or parole, whichever is later. The term of PI supervision shall be served in the community and under legal custody of the Commission. PI supervision shall terminate at the end of its stated term, unless vacated at an earlier date by the Panel.
(c) The term of PI supervision may be extended for up to an additional six months when the Panel determines that continuation of PI supervision is necessary to effectuate the juvenile's rehabilitation and reintegration into society.
1. If the juvenile parole officer determines that continuation of PI supervision is necessary to effectuate the juvenile's rehabilitation and reintegration into society, no later than 15 days prior to release from PI supervision, the juvenile parole officer shall provide a written recommendation to the Executive Director, or his or her designee, to extend PI supervision, who, upon approval, shall forward the recommendation to the Panel within three business days of receipt.
2. The Panel shall review the written recommendation to determine whether PI supervision shall be extended and provide a written decision to the Classification Manager, or his or her designee, the Director, or his or her designee, and the juvenile parolee within five business days of receipt.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 96 - JUVENILE PAROLE AND TRANSITIONAL SERVICES › Subchapter 2A - PAROLE RELEASE PANEL › Section 13:96-2A.1 - Parole release panel; panel meetings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) There shall be established within the Commission, a Parole Release Panel (the Panel), which shall carry out the responsibilities set forth in this chapter.
(b) The Panel shall consist of at least two members designated by the Executive Director, and one member designated by the Chairman.
1. The Panel Chair shall ensure that an assigned Panel on-call is available at all times.
2. The Panel shall hold regular meetings at least once each month, in accordance with an annual schedule issued by the Panel Chair and shall hold special meetings at such other times as the Panel Chair deems necessary to carry out its business.
i. At least three business days prior to a regular meeting, and at least 24 hours before a special meeting, the Panel Chair shall ensure a written meeting agenda is issued and distributed to all Panel members.
3. Any decisions concerning parole made by the Panel shall be by unanimous written vote signed by each member present.
i. Should the Panel be unable to reach a unanimous decision, each individual vote shall be recorded and signed by each member present and shall be forwarded by the Panel Chair to the Executive Director, or his or her designee, and the Chairman.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 96 - JUVENILE PAROLE AND TRANSITIONAL SERVICES › Subchapter 2A - PAROLE RELEASE PANEL › Section 13:96-2A.2 - Authority of parole release panel

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Panel's responsibilities shall include, but are not limited to:
1. Certifying the parole release date, pursuant to N.J.A.C. 13:96-3.1. The juvenile shall be present for any meeting of the Panel where such certification is under consideration and have an opportunity to address the Panel;
2. Reviewing and approving proposed certificates of parole submitted by the review committee and issuing certificates of parole, pursuant to N.J.A.C. 13:96-3.1;
3. Reviewing and making determinations regarding recommendations for special conditions of parole proposed by the review committee, pursuant to N.J.A.C. 13:96-3.2(b);
4. Modifying and removing special conditions of parole imposed pursuant to N.J.A.C. 13:96-3.2(c)when such action is requested by the Director;
5. Reviewing and making determinations regarding review committee recommendations to impose a term of PI supervision, pursuant to N.J.A.C. 13:96-2.4(a), and the Executive Director's, or his or her designee's, recommendations to extend PI supervision pursuant to N.J.A.C. 13:96-2.4(b);
6. Reviewing and making recommendations to vacate a term of PI supervision upon the written recommendation of the Director, when the juvenile has made satisfactory adjustments in the community while under supervision and continued supervision is otherwise no longer required pursuant to N.J.A.C. 13:96-2.4(d);
7. Undertaking preliminary probable cause reviews, initiating revocation proceedings, and issuing conditions of parole, pursuant to N.J.A.C. 13:96-4.3;
8. Scheduling revocation hearings, pursuant to N.J.A.C. 13:96-4.3(a)1iii; and
9. Making parole revocation decisions and issuing revocation hearing Notices of Decision, pursuant to N.J.A.C. 13:96-4.9.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 96 - JUVENILE PAROLE AND TRANSITIONAL SERVICES › Subchapter 2A - PAROLE RELEASE PANEL › Section 13:96-2A.3 - Reports

Current through Register Vol. 56, No. 14, July 15, 2024
(a) On or before the 4th day of each month, the Panel Chair shall provide to the Classification Manager a written summary of Panel proceedings for the prior calendar month.
1. Upon request, the Classification Manager shall make all such summaries and reports available to the Executive Director and Chairman.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 96 - JUVENILE PAROLE AND TRANSITIONAL SERVICES › Subchapter 3 - CONDITIONS OF PAROLE › Section 13:96-3.1 - Certificate of parole

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to release of a juvenile on parole, the review committee shall propose a written certificate of parole, subject to review and approval by the Panel.
1. Such certificate of parole shall include the CPD and all conditions of parole imposed prior to release.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 96 - JUVENILE PAROLE AND TRANSITIONAL SERVICES › Subchapter 3 - CONDITIONS OF PAROLE › Section 13:96-3.3 - Conditions of PI supervision

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When the review committee deems it to be in the rehabilitative interest of the juvenile, the review committee may propose, and the Panel may approve and impose, special conditions of PI supervision that are tailored to the individual needs of the juvenile, and that are the least restrictive alternatives necessary to promote the successful return of the juvenile to the community.
(b) When deemed to be in the rehabilitative interests of the juvenile, the Director, or his or her designee, may impose special conditions while a juvenile is on post-incarceration supervision, that are tailored to the individual needs of the juvenile and that are the least restrictive alternatives necessary to promote the juvenile's success in the community, subject to final approval by the Panel.
(c) Juvenile parolees under PI supervision shall not be required to enter a residential program as a condition of PI supervision.
(d) Conditions of PI supervision may be modified by the Panel, when such action is deemed to be in the rehabilitative interests of the juvenile parolee.
(e) Juvenile parolees shall not be returned to custody for failure to comply with conditions of PI supervision.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 96 - JUVENILE PAROLE AND TRANSITIONAL SERVICES › Subchapter 3 - CONDITIONS OF PAROLE › Section 13:96-3.4 - Modification or removal of special conditions of parole

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon release, a juvenile parolee may, at any time, apply for modification or removal of a special condition of parole imposed pursuant to N.J.A.C. 13:96-3.2(b) or (c) by submitting a request in writing with any supporting documentation to his or her juvenile parole officer.
(b) The juvenile parole officer shall transmit such request and supporting documentation to the Director, or his or her designee, who shall forward it to the Panel.
1. The juvenile parolee may submit additional written comments regarding the request to the Director, or his or her designee, who shall forward them to the Panel; provided, however, that any such comments to be considered must be received by the Director, or his or her designee, within five days of the original request.
2. The Panel shall consider such request and notify the Director, or his or her designee, of its decision within five days of receipt of the juvenile parolee's request and its supporting documentation and comments.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 96 - JUVENILE PAROLE AND TRANSITIONAL SERVICES › Subchapter 4 - REVOCATION OF PAROLE › Section 13:96-4.1 - Violations of juvenile parole

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Whenever the juvenile parole officer has a reasonable belief that the juvenile parolee has violated the conditions of parole, the juvenile parole officer shall immediately provide remedial counseling to the juvenile parolee. If the juvenile parole officer believes the violation is of a serious or persistent nature, he or she shall promptly review the juvenile parolee's case with his or her supervisor. Such review shall include an assessment of whether the juvenile parolee's current behavior represents a risk to public safety, the juvenile parolee's current rehabilitative needs, and the course of action, if any, to recommend to the Director and to the Panel in response to a violation of a condition of parole.
(b) The response to a violation of a condition of parole shall be proportional to the risk to the community posed by the juvenile parolee's behavior and the severity of the violation. Responses may include, but are not limited to, the following:
1. An adjustment to the juvenile parolee's reporting status;
2. The imposition of any special condition(s) that will reduce the likelihood of the recurrence of criminal or delinquent behavior;
3. The imposition of a special condition, such as, but not limited to, assignment to and successful completion of:
i. An out-patient substance abuse treatment program or any other recommended treatment program;
ii. An electronic monitoring or other monitored release program;
iii. A day reporting center program;
iv. A residential community-based treatment program, only if it is necessary to protect the safety of the juvenile parolee; or
v. An educational, vocational, or employment program; or
4. The commencement of revocation proceedings.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 96 - JUVENILE PAROLE AND TRANSITIONAL SERVICES › Subchapter 4 - REVOCATION OF PAROLE › Section 13:96-4.2 - Commencement of revocation proceedings; issuance of warrants

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Whenever the juvenile parole officer, in consultation with his or her supervisor pursuant to N.J.A.C. 13:96-4.1, has determined to recommend revocation to the Director and the Panel, the juvenile parole officer shall file a report with the Director requesting the commencement of revocation proceedings and the issuance of a parole violation warrant. The Director, or the Director's supervisory level designee, must review and approve the request.
(b) Subject to the general oversight of the Executive Director, the Director, and the Director's supervisory level designees, are authorized to issue parole warrants.
(c) If a current parole warrant has not otherwise been issued, a parole warrant shall be issued and filed against a juvenile parolee whenever the juvenile parolee is sentenced to a custodial term of incarceration as a result of an adjudication or conviction while on parole.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 96 - JUVENILE PAROLE AND TRANSITIONAL SERVICES › Subchapter 4 - REVOCATION OF PAROLE › Section 13:96-4.3 - Preliminary review; revocation hearing timelines; incarceration pending revocation proceedings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When a juvenile parolee is taken into custody on a parole violation warrant, the Director, or his or her designee, shall immediately notify the Panel on-call.
1. No later than six hours following notification, the Panel shall undertake a preliminary review to determine whether there is probable cause to believe the juvenile parolee has seriously or persistently violated the conditions of parole and whether there is objective and credible evidence that the juvenile parolee poses an immediate and substantial danger to public safety warranting incarceration pending revocation proceedings. The Panel shall prepare a written explanation to support its decision.
i. If the Panel determines there is no probable cause to believe the juvenile parolee has seriously or persistently violated the conditions of parole, the juvenile parolee shall be immediately returned to the community under JP&TS supervision.
ii. If the Panel determines there is probable cause to believe the juvenile parolee has seriously or persistently violated the conditions of parole, but that the juvenile parolee does not pose an immediate and substantial danger to public safety, the juvenile parolee shall be returned to the community under JP&TS supervision pending a revocation hearing. The Panel may impose, in writing, additional special conditions pending the revocation hearing. The Panel shall direct in writing that the warrant be withdrawn and refer the matter to the hearing officer, who shall conduct a revocation hearing within 21 days.
iii. If the Panel determines there is probable cause to believe the juvenile parolee has seriously or persistently violated the conditions of parole and the Panel determines by objective and credible evidence that the juvenile parolee poses an immediate and substantial danger to public safety, the Panel shall order the juvenile parolee to be incarcerated in an appropriate JJC facility pending revocation proceedings. If the juvenile parolee is incarcerated pending revocation proceedings, the Panel shall immediately refer the matter to the hearing officer, who shall conduct a revocation hearing within 72 hours of the juvenile parolee's incarceration. Upon request of counsel for the juvenile parolee, the hearing officer shall adjourn the hearing for not more than 72 hours. Subsequent adjournments may be granted upon request of the juvenile parolee for good cause shown.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 96 - JUVENILE PAROLE AND TRANSITIONAL SERVICES › Subchapter 4 - REVOCATION OF PAROLE › Section 13:96-4.4 - Hearing officer determinations; parole revocation decisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When conducting revocation hearings, the hearing officer shall determine whether there is clear and convincing evidence that:
1. The juvenile parolee has seriously or persistently violated the conditions of parole;
2. The juvenile parolee poses a substantial danger to public safety and no form of community-based supervision would alleviate that danger; and
3. Revocation is consistent with the provisions of Section 2 of P.L. 1982, c. 77 (N.J.S.A. 2A:4A-21).
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 96 - JUVENILE PAROLE AND TRANSITIONAL SERVICES › Subchapter 4 - REVOCATION OF PAROLE › Section 13:96-4.5 - Designation of parole revocation hearing officer; videoconference

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Revocation hearings shall be conducted by a hearing officer.
(b) Revocation hearings may be conducted by videoconference when requested by a party and approved by the hearing officer.