LAW AND PUBLIC SAFETY
JUVENILE JUSTICE COMMISSION
New Jersey Register Publication Date: July 18, 2005
Reproposed New Rules: N.J.A.C. 13:101
Authority: Executive Board of the Juvenile Justice Commission, by the Honorable
Peter C. Harvey, Attorney General and Chair, Markus Green, Attorney General's Designee.
Authority: N.J.S.A.52:17B-170e, 52:17B-171, 52:17B-176, 52:17B-178, and 52:17B-182
Calendar Reference: See Summary below for explanation of exception to calendar
Proposal Number: PRN 2005-255.
Submit written comments by September 16, 2005 to:
Valerie Egar, Esq.
Special Assistant to the Executive Director
New Jersey Juvenile Justice Commission
1001 Spruce Street - Suite 202
Trenton, New Jersey 08638
The agency proposal follows:
The Juvenile Justice Commission is the single State agency responsible for operating
State services and sanctions for juveniles involved in the juvenile justice system. The Commission was
created pursuant to P. L. 1995, c. 280, codified at N.J.S.A. 52:17B-169 et seq., and is the agency
responsible for implementing the comprehensive juvenile justice reform program defined in that law. The
juvenile justice reform legislation transferred authority formerly divided among three departments, the
Department of Corrections, the Department of Human Services and the Department of Law and Public Safety, to
the Commission. That consolidation was designed to, among other things, permit effective response to acts
of delinquency by juvenile offenders, maximize efforts to meet the special needs of the juvenile justice
population and promote the successful reintegration of juvenile offenders into the community. See N.J.S.A.
52:17B-169. The Juvenile Justice Commission became operational in June, 1996.
At its inception, discipline of incarcerated juvenile offenders in the custody and
care of the Commission was governed by regulations promulgated by the Department of Corrections at N.J.A.C.
10A:4. Those rules expired on April 26, 2001 and were thereafter readopted by the Department of Corrections
with amendments, effective July 2, 2001.
The Department of Corrections' primary responsibility is for adult offenders. The
Commission's creation emphasized the need to focus attention and resources on the care, custody and special
rehabilitative needs of a juvenile population that differs from the population served by the Department of
Corrections. Supervision practices, rehabilitative intervention strategies and sanctions that are
appropriate to juveniles distinguish the Juvenile Justice Commission's proposed rules from Department of
Corrections' rules for Inmate Discipline, N.J.A.C. 10A:4.
By a proposal published on May 3, 2004, at 36 N.J.R. 2166(a), the Commission
proposed comprehensive disciplinary rules tailored to meet the disciplinary and rehabilitative goals
specific to juveniles committed to Commission facilities. As a result of further consideration by
Commission staff and comments, the Commission has made changes to the original proposal. This reproposal
incorporates those changes, as discussed further below.
A description of the subchapters in the original May 2004 proposal is as follows.
Subchapter 1 sets forth the general provisions, definitions and the scope of the
chapter; the chapter applies to all juveniles serving a term of incarceration in a Juvenile Justice
Subchapter 2 establishes the responsibility of the Commission to provide a Handbook
on Discipline and a Juvenile Handbook to each juvenile at the time of admission to a Commission facility.
These publications describe the Commission's disciplinary rules and procedures, a juvenile's rights and
responsibilities while residing in a Commission facility, rules that are specific to the facility to which
a juvenile is assigned, and a description of the services available at the facility.
Subchapter 3 establishes the rights and responsibilities of juveniles and requires
those rights and responsibilities to be set forth in the handbooks provided to the juvenile at the time of
his or her admission into the facility.
Subchapter 4 defines behaviors that will result in discipline and establishes
mechanisms for responding to violations. The violations are organized into categories (groups) based on the
nature of the prohibited behavior. For example, the category "assaultive and aggressive behavior" includes,
but is not limited to, assault, fighting, assault with a weapon, and throwing bodily fluids. This type of
categorization allows for easier recall of the general types of behaviors that are prohibited and ease of
reference when identifying in disciplinary reports the specific violation committed. Each violation is
clearly defined to ensure juveniles understand which behaviors are prohibited and to ensure that when
reporting disciplinary matters the violation identified and recorded accurately reflects the nature of the
prohibited behavior. N.J.A.C. 13:101-4.3 requires that violations which constitute crimes as defined at
N.J.S.A. 2C:1-1 et seq. be referred to the prosecutor of the county in which the facility is located.
Subchapter 5 establishes procedures for responding quickly to violations that are
considered minor in nature and appropriate sanctions, immediate corrective actions, for such violations. A
staff member witnessing a violation is required to submit a written report of the violation to a supervisor
along with a sanction recommendation immediately following the alleged violation but in no event later than
the end of the shift on which the alleged violation occurred. A copy of this report must be provided to the
juvenile. A juvenile may contest the charge or the proposed corrective action via a conference with the
supervisor, which must be held before the end of the shift on which the charge was received. This
subchapter sets forth the supervisor's dispositional options which include referring the matter to a
Treatment Team for a formal disciplinary hearing when it appears that a more serious sanction may be
Subchapter 6 defines procedures for responding to more serious disciplinary
infractions. Hearings will be conducted in all such matters by a Treatment Team, whose composition and
authority is set forth at N.J.A.C. 13:101-6.1. The rules provide for a separate Treatment Team to be
constituted at each of the following four facilities: New Jersey Training School (NJTS), Juvenile Reception
and Assessment Center (JRAC), Juvenile Medium Security Facility (JMSF) and Juvenile Female Secure Care and
Intake Facility (JFSCIF). All committed juveniles charged with a violation, other than those handled by
immediate corrective action (minor disciplinary matters), shall have a hearing at one of those four
facilities. N.J.A.C. 13:101-6.20 sets forth the procedures governing the transfer of juveniles to one of
those facilities to receive a disciplinary hearing.
Subchapter 6 also defines procedures governing the conduct of the hearing and
related matters. Those procedures provide for the preparation and service of the written charge; a
juvenile's right to use immunity; the investigation of the charge; the expeditious scheduling of
disciplinary hearings; in absentia hearings; and the conduct of hearings, including the assistance a
juvenile may receive in the presentation of his or her case, the opportunity to call witnesses and present
evidence, confrontation and cross examination, the evidence required for a finding of guilt, the sanctions
that may be imposed, the limitations on those sanctions, suspension of sanctions and the preparation of a
written decision. Subchapter 6 also sets forth recordkeeping requirements and procedures for expungement of
Subchapter 7 defines the process by which a juvenile may appeal discipline imposed
by a Treatment Team. The subchapter sets forth the time limits for taking an appeal, the procedures for
investigating matters on appeal when appropriate, factors to be considered in evaluating an appeal and
dispositional options. Procedures for requesting a stay of sanctions pending appeal, for notifying a
juvenile of the results of an appeal and for conducting rehearings are also set forth in this subchapter.
Subchapter 8 establishes the factors that must be considered in deciding whether to
place a juvenile in isolation pending a disciplinary hearing or as a sanction. The subchapter defines those
areas where a juvenile may be held in isolation and sets forth the conditions which must be maintained in
those areas as well as the activities and services which must be provided while a juvenile is held in
isolation. There is a cross-reference to N.J.A.C. 13:101-6.17, which establishes strict limitations on the
length of time a juvenile may be held in isolation.
The proposal is not subject to the calendar requirements of N.J.S.A. 52:14B-3(4)
because the agency is providing a 60 day comment period pursuant to N.J.A.C. 1:30-3.3(a) 5.
In response to the original May 2004 proposal, the Commission received one letter,
from Mary E. Coogan, Esq., Assistant Director of the Association for Children of New Jersey (ACNJ). The
letter raised several issues.
COMMENT: The ACNJ expressed concern about the use of extended periods of
disciplinary isolation. They noted that there are no uniform constitutional standards on the use of
isolation, but cited to several sources that provide guidance relevant to the isolation of juveniles in
support of their concern.
As proposed in May of 2004, N.J.A.C. 13:101-6.16(b)2 and 6.17(a) allowed for up to
15 days in isolation. In addition, sequential periods of isolation for separate offenses could aggregate to
substantial longer periods. The ACNJ's position is that this is inappropriate in a juvenile system.
The ACNJ referenced the U.S. Department of Justice, the Office of Juvenile Justice
and Delinquency Prevention, case law and the American Correctional Association's (ACA) standards for
juvenile detention facilities, and noted that most recommended that isolation not exceed 24 to 48 hours.
Some authorities recommend that a juvenile be released from isolation as soon as he or she has regained
control. At the same time, the ACNJ noted that ACA standards recommend a maximum of five days of isolation,
and referenced research completed by the US Department of Justice that found most facilities in fact do use
the five-day standard.
RESPONSE: The concerns expressed by the ACNJ are well placed. Over the past six
months, the Commission has undertaken its own review of the nation-wide data related to the placement of'
incarcerated juveniles in isolation. This data reveals a disturbing and strong relationship between
extended periods in isolation and suicide and suicide attempts on the part of incarcerated juveniles.
Accordingly, the Commission is in the process of materially revising the culture, meaning both the practice
and the terminology, involved in the use of isolation as a disciplinary tool. As part of this initiative,
reproposed rule N.J.A.C. 13:101-6.17 provides for a maximum of five days "room restriction" for any
offense, inclusive of the time in room restriction prior to the disciplinary proceeding, and for a maximum
of 10 days room restriction in any 30-day period. Proposed N.J.A.C. 13:101-6.17. This brings the Commission
within the standard set by the ACA.
COMMENT: The ACNJ, citing to proposed N.J.A.C. 13:101-7.2(g), suggested that a
juvenile be allowed to seek assistance from staff, in addition to from another juvenile, when filling out a
Disciplinary Review Appeal.
RESPONSE: The Commission agrees with the suggestion, and has modified proposed
N.J.A.C 13:101-7.2(g) accordingly.
Under the proposed new regulations at N.J.A.C. 13:101, disciplinary hearings will be
conducted by a Treatment Team consisting of the Superintendent, the Director of Custody Operations, the
facility's Supervisor of Education and the facility's Supervisor of Social Services. Each may appoint a
designee of supervisory rank to act in his or her place. The advantages of this approach are: (1)
discipline is imposed and sanctions are determined with input from experienced juvenile justice
professionals in multiple disciplines which will better serve the Commission's rehabilitative goals for
juvenile offenders; and (2) the Treatment Team's familiarity with the internal workings of the facility and
the juveniles housed there will result in sanctions tailored to meet the needs of each juvenile while
promoting safety and order in the facility.
The newly proposed regulations at N.J.A.C. 13:101 define those behaviors that will
result in discipline for juveniles incarcerated in a Commission facility, the sanctions that may be imposed
for violations and procedures, including appeals, that ensure that juveniles receive due process when
discipline is sought or imposed. The proposed rules define mechanisms for responding to both minor and more
serious disciplinary matters and procedures to insure that the discipline imposed is proportionate to the
offending conduct. The proposed rules establish the procedure by which juveniles will be notified of
behaviors that constitute violations of Commission rules, and of their rights and responsibilities while
residing in a Commission facility. The proposed rules also establish detailed procedures for placing and
holding a juvenile in isolation pending a disciplinary hearing or as a disciplinary sanction.
The following is a summary of the changes made in the reproposal:
1. At N.J.A.C. 13:101-1.3, the definition of "Director of Operations" has been
changed in the reproposal to make clear that it refers to the staff member, irrespective of name or office
title, who is charged with oversight and management responsibilities for the overall operation and
supervision of Commission facilities.
2. At N.J.A.C. 13:101-1.3, the Commission is proposing to use the term "room
restriction" in lieu of "isolation," as it more accurately reflects the policies and concerns inherent in
the shift to the five-day standard. Similarly, the definition of "Isolation Unit" has been eliminated and
replaced in the reproposal with a new definition for "Program Separation Unit."
3. In order to clarify the meaning of the "facility restriction" sanction, one of
the authorized immediate corrective actions provided for in N.J.A.C. 13:101-5.3, a definition of "facility
restriction" has been added to N.J.A.C. 13:101-1.3.
4. The definition of Institutional Classification Committee in N.J.A.C. 13:101-1.3
has been changed. The changes were made to delete unnecessary references to specific Commission facilities,
and to include in the definition the Classification Committee's role in reviewing juvenile requests for
transfers between facilities.
5. Two changes have been made to N.J.A.C. 13:101-1.4, Forms. First, the Commission
has decided to make forms available locally, through the Superintendent's office at individual facilities,
rather than centrally through the administrative offices of the New Jersey Training School for Boys. In
addition, as part of the revisions to the practice and the terminology involved in the use of isolation as
a disciplinary tool, discussed above in response to comments from the ACNJ, the "Isolation/Separation Form"
has been eliminated and replaced with a "Room Restriction/Separation Form."
6. A number of changes are made to reproposed N.J.A.C. 13:101-5.3, a provision which
addresses immediate corrective actions. These actions are a lower level of discipline that does not involve
formal disciplinary charges and disciplinary hearings.
Most significantly, the reproposed rule eliminates the sanction of "staff directed
separation." Unlike in adult facilities, where such separation can involve the placing of an inmate in a
secure holding room or cell, in Commission facilities it amounts to little more than a juvenile corrections
officer, teacher or other staff member telling a juvenile to sit in the corner for a brief period of time.
Because of the immediacy, informality and relative insignificance of the action, the Commission believes
that it is not properly characterized as a sanction and should not be the subject of a formal rule.
In addition, one correction has been made to N.J.A.C. 13:101-5.3. As originally
proposed, the time spent in room restriction as an immediate corrective measure was required to be in a
locked room. This was an error. In fact, in other than secure facilities, our operational requirement is
that such room restriction must not be in a locked room, and the reproposed rule has been modified
The original proposed sanction of "Verbal Reprimand" has been modified to provide
for a "Formal Reprimand," and narrowed to require that the reprimand be communicated to a juvenile by a
Sergeant or above.
Other formatting and stylistic changes have been made to proposed N.J.A.C.
13:101-5.3, without changing substance or content of the proposed rule. These include moving the language
that limits room restriction as an immediate corrective measure to four-hours to the first line of the
operative paragraph, and clarifying that record keeping requirements incidental to room restriction, as
used in N.J.A.C. 13:101-5.3, do not apply to five-day room restriction, which is a disciplinary hearing
7. Minor editing changes have been made to proposed N.J.A.C. 13:101-6.1, the section
in the reproposed rules that sets out the composition, authority and decisions of a Treatment Team.
8. In N.J.A.C. 13:101-6.2(c), the period of time after an alleged disciplinary
violation within which a notice of violation must be served on a juvenile has been reduced from 48 to 24
hours. This is part of an effort to reduce the amount of time a juvenile may have to spend in room
restriction pending his or her hearing before a Treatment Team. Similar changes have been made in N.J.A.C.
13:101-6.4 (a), with time permitted for the investigation of a violation and in 13:101-6.7, with respect to
reviews of hearing postponements granted for further fact investigation.
9. The most significant changes in the reproposed rules are those related to the
implementation of major disciplinary sanctions and the five-day standard; these are found in N.J.A.C.
13:101-6.16 and 6.17.
Proposed N.J.A.C. 13:101-6.16 sets out the disciplinary sanctions that can be
applied by a Treatment Team. Two changes have been made in the reproposed rule. N.J.A.C. 13:101-6.16(b)8
has been changed to provide for the referral of a juvenile to any program or treatment regimen, in addition
to mental health services, appropriate for care or treatment. N.J.A.C. 13:101-6.16(b)2 has been modified to
allow for a maximum of five days room restriction, subject to the provisions of N.J.A.C. 13:101-6.17,
instead of a maximum of 15 days isolation.
As reproposed, N.J.A.C. 13:101-6.17 sets new limitations on the use of room
restriction as a disciplinary sanction. Room restriction is limited to five days, inclusive of prehearing
room restriction; no juvenile can serve more than 10 days in room restriction during any 30-day period; and
a period of no less than two full days must separate distinct terms of room restriction. Finally, a proviso
is contained in N.J.A.C. 13:101-6.17(e), allowing for the placement of a juvenile in room restriction for
the minimum time necessary to eliminate an immediate threat.
10. Related to the shift from a maximum 15 days isolation to five days room
restriction, time periods permitted for carrying out prehearing investigations, N.J.A.C. 13:101-6.4, for
scheduling Treatment Team hearings, N.J.A.C. 13:101-6.6, for reviewing postponed cases, N.J.A.C.
13:101-6.7, and for the scheduling of rehearings required after a Treatment Team's decision has been
successfully appealed, N.J.A.C. 13:101-7.7, have all been reduced.
11. N.J.A.C. 13:101-6.20 provides for the transfer of a juvenile who is charged with
a violation, but who resides in a facility without a Treatment Team, to a facility with a Treatment Team.
Minor edits have been made to N.J.A.C. 13:101-6.20(a) to make the language of general applicability,
eliminating reference to specific facilities.
12. Proposed N.J.A.C. 13:101-7.2 addresses the processing of a juvenile's appeal
from a Treatment Team decision. As originally proposed, a juvenile who is unable to complete repeal forms
would be permitted to seek assistance from another juvenile. The provision has been changed to allow a
juvenile, in addition, to seek assistance from staff.
13. Proposed N.J.A.C 13:101-7.7 addresses procedural matters for rehearings held
after successful appeals of Treatment Team decision. As originally proposed, N.J.A.C 13:101-7.7(b)
permitted personnel who sat on the original Treatment Team to sit on the body rehearing the case. The
provision has been changed to require that the matter be heard by personnel not involved with the prior
14. Changes have been made in N.J.A.C. 13:101-8. That subchapter addresses both
prehearing room restriction and conditions for juveniles held in room restriction generally.
The substantive provisions of proposed N.J.A.C. 13:101-8.1 through 8.3 have been
collapsed and edited into one section, N.J.A.C. 13:101-8.1. Sections subsequent to N.J.A.C. 13:101-8.1 have
been recodified accordingly.
The provisions in reproposed N.J.A.C. 13:101-8.1(a) address standards and procedures
for placing a juvenile in prehearing room restriction; subsection (b) requires that prehearing room
restriction be only in a facility with an assigned Treatment Team; sunsection(c) specifies that the
decision to place a juvenile in prehearing room restriction be made by the Superintendent; and subsection
(d) requires that time spent in prehearing room restriction be credited against any sanction of room
restriction subsequently handed down by the Treatment Team.
In order to conform the Commission's rules to prevailing safety standards, the
provision requiring visual observation of juveniles in room restriction, N.J.A.C. 13:101-8.3 (N.J.A.C.
13:101-8.5 in the original proposal), has been strengthened to require that observations be made hourly
rather than merely "regularly and frequently."
As reproposed, N.J.A.C. 13:101-8.9 (N.J.A.C. 13:101-8.11, as originally proposed)
has been changed to clarify that special diets shall be prescribed by a chaplain, physician or mental
Reproposed N.J.A.C. 13:101-8.11 (N.J.A.C. 13:101-8.13, as originally proposed) has
been changed to require that juveniles have the opportunity to shave and shower daily instead of several
The reproposed new rule will result in a significant social impact, by reformulating
generally accepted practices and procedures incidental to the discipline of juvenile offenders.
Incarcerated juveniles are not merely under-aged adult inmates. Rather, they are
troubled children, often with unique educational, vocational and social needs. The challenge is to design
programs and incentives to guide the juvenile to become a productive member of society by modeling a
structured and fair consequence-based system of progressive discipline.
The focus on rehabilitation is reflected in the use of a "Treatment Team," as the
body responsible for hearing charges filed against a juvenile. The Treatment Team is comprised of
individuals familiar with the juvenile and his or her social, educational, vocational and rehabilitative
needs. In considering the appropriate discipline, the team is empowered with options for sanctions
including withdrawal of privileges, extra work duty, restitution and room confinement. The team is also
empowered to make referrals to mental health services, or to other programs or treatment regimens for
appropriate care or treatment.
Perhaps most significantly, the traditional sanction of "isolation" has been changed
materially. Traditionally, correctional institutions have utilized isolation from others as a disciplinary
sanction. The use of extended periods of isolation in the context of juveniles, however, is
counterproductive to efforts to help the juvenile to model appropriate behavior; worse, it can be lethal.
Nation-wide data related to the placement of incarcerated juveniles in isolation
reveals a strong correlation between extended periods in isolation, and both suicide and suicide attempts
on the part of incarcerated juveniles. Thus, in the reproposed rules the Commission is revising both the
practice and the terminology involved in the use of isolation as a disciplinary tool. The reproposed rules
reduce the maximum allowable time in isolation from 15 days to five days, and re-characterizes it as "room
restriction." It also makes the five-day maximum inclusive of time in room restriction prior to the
disciplinary proceeding. In addition, the reproposed rule sets a limit of 10 days room restriction in any
30-day period, and requires at least two full days between room restriction periods.
In short, the reproposed rules strike a new balance. They provide an effective
discipline regimen, one necessary to preserve a secure facility's orderly operation, as well as to protect
the safety of its juveniles, staff and the public. At the same time, they promote a primary responsibility
of the Commission, which is to nurture and care for the children under its charge. In doing so, the
Commission at the same time is better serving the larger community.
The Juvenile Justice Commission does not anticipate any economic impact as a result
of the reproposed new rules. Any increased administrative costs that may occur, incidental to
implementation of these rules, will be absorbed in the Commission's general budget. There will be no
economic impact on the current employees of the Juvenile Justice Commission.
Federal Standards Statement
A Federal standards analysis is not required because the reproposed new rules are
not being adopted under the authority of, or in order to implement, comply with, or participate in any
program established under Federal law or under a State statute that incorporates or refers to Federal law,
standards or requirements.
The reproposed new rules will not result in an increase or decrease in the number of
jobs in New Jersey.
Agriculture Industry Impact
The reproposed new rules will have no impact on the agriculture industry in New
Regulatory Flexibility Statement
The reproposed new rules will impose no reporting, recordkeeping, or other
compliance requirements upon small businesses, as defined under the Regulatory Flexibility Act, N.J.S.A.
52:14B-16 et seq. The reproposed new rules affect employees and juveniles under the supervision of the
Juvenile Justice Commission and will have no effect on small businesses. Therefore, a regulatory
flexibility analysis is not required.
Smart Growth Impact
The reproposed new rules will have no impact on the achievement of smart growth and
implementation of the State Development and Redevelopment Plan.
Full text of the reproposed new rules follows:
SUBCHAPTER 1. GENERAL PROVISIONS
(a) The purpose of this chapter is to:
1. Establish a disciplinary system and corresponding disciplinary policies
that promote prosocial behavior and discourage negative behavior among juveniles in Juvenile Justice
Commission facilities, and that provide staff with behavior management tools necessary for maintaining
safety and security in the facilities;
2. Establish a comprehensive code of violations that explicitly describes
behaviors prohibited in Juvenile Justice Commission facilities, so that proscribed behavior may be known by
both juveniles and staff;
3. Establish administrative due process safeguards in the disciplinary
process and impartial and fair disciplinary procedures, and by so doing, foster morale among juveniles and
staff with regard to the disciplinary process; and
4. Establish a range of authorized sanctions for responding to
inappropriate behavior and rules for imposing such sanctions.
This chapter shall apply to all committed juveniles in Juvenile Justice
The following words and terms, when used in this chapter, shall have the
following meanings unless the context clearly indicates otherwise.
"Bodily fluid" means saliva, blood, urine, feces, seminal fluid or any
other fluid produced by the body.
"Bodily injury" means physical pain, illness or any impairment of physical
"Chief Investigator, Office of Investigations" means the Commission staff
member who heads the unit responsible for conducting investigations within the Commission at the direction
of the Executive Director.
"Commission" means the New Jersey Juvenile Justice Commission.
"Committed juvenile" or "juvenile" means an individual who has been
adjudicated delinquent and sentenced to a term of incarceration to be served under the custody of the
Commission. For the purpose of this chapter, "committed juvenile" or "juvenile" shall only refer to those
individuals residing in a Juvenile Justice Commission facility.
"Counsel substitute" means an individual, such as a juvenile paralegal,
teacher or social worker, who represents and defends a juvenile at a disciplinary hearing which is
conducted within a facility under the jurisdiction of the Juvenile Justice Commission.
"Custody status" means the degree of supervision that is assigned to a
juvenile in a Commission facility.
"Director of Custody Operations" means the Commission staff member at each
secure facility of the Commission responsible for supervising the custody work force.
"Director of Operations" means the Commission staff member, by whatever
name or title, charged with oversight and management responsibilities for the overall operation and
supervision of the Commission's secure and non-secure facilities.
"Executive Board" means the Executive Board of the Commission.
"Executive Director" means the Executive Director of the Commission.
"Extra work duty" means a task in addition to those related to a
juvenile's work or program assignment to which a juvenile has been assigned as a sanction for committing a
"Facility" means any facility operated by the Commission which houses
"Facility restriction" means the restriction of the juvenile to the
confines of the facility's building or grounds.
"Gang" means a group of juveniles possessing common characteristics,
interests and goals which serve to distinguish these juveniles from other juveniles or groups of juveniles
and which, as a discrete entity, poses a threat to the safety of staff, other juveniles, the community or
to the orderly operation of the facility.
"Handbook on Discipline" means a handbook prepared by the Commission and
provided to juveniles which contains a juvenile's rights and responsibilities, the acts and activities
which are prohibited and the disciplinary procedures and sanctions imposed.
"Institutional Classification Committee (I.C.C.)" means a group of
Commission staff members that have been designated to make decisions related to the assignment or
reassignment of juveniles to programs and activities within a Commission facility and to conduct initial
reviews of juvenile requests for transfer to another such facility.
"Juvenile Handbook" means a booklet prepared by the Commission and
provided to juveniles which contains a facility's rules, procedures and information about a facility's
services and programs.
"Office of Investigations" means the unit responsible for conducting
investigations within the Commission at the direction of the Executive Director.
"Program Separation Unit" means an area within a secure facility
designated for assigning juveniles who are removed from the general population for disciplinary or
"Room Restriction" means confining a juvenile for disciplinary or
administrative reasons, either in the room in which he or she usually sleeps or in a room in a program
"Sanction" means a prescribed penalty or remedial action that is imposed
for a violation.
"Secure facility" means any Commission facility which houses juveniles and
employs custody personnel (N.J.S.A. 52:17B-174) to provide security.
"Serious bodily injury" means bodily injury that creates a substantial
risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the
function of any bodily member or organ.
"Shift supervisor" means the juvenile corrections officer of supervisory
rank in those facilities employing custody personnel who is responsible for the maintenance of security
during a tour of duty.
"Superintendent" means the chief executive officer of any Commission
facility which houses juveniles.
"Treatment Team" means the committee within a secure facility that is
authorized to hear and adjudicate juvenile violations.
"Unit manager" means the person designated by the Superintendent of a
facility not employing custody personnel to be in charge of the shift in that facility.
"Weapon" means anything readily capable of lethal use or inflicting
serious bodily injury.
(a) The following forms related to juvenile discipline shall be reproduced
or obtained by each facility through the office of the Superintendent, or designee.
1. Room Restriction/Separation Form;
2. Immediate Corrective Action Form;
3. Notice of Violation;
4. Disciplinary Review Report;
5. Disciplinary Review Appeal Form; and
6. Refusal to Attend Hearing Notice.
SUBCHAPTER 2. PUBLICATION OF RULES
13:101-2.1 Notification to juveniles about rules and regulations
(a) At the time of reception into the Commission, each juvenile shall
receive a copy of the Handbook on Discipline and thereby be advised in writing of his or her rights and
responsibilities, the acts and activities which are prohibited, the rules which shall be followed and the
disciplinary process within the facilities of the Juvenile Justice Commission. Each juvenile shall be
required to sign a form acknowledging receipt of the Handbook on Discipline. A refusal by the juvenile to
sign shall be noted on the form by the issuing staff member.
(b) At the time of arrival at a facility, each juvenile shall receive a
copy of the facility's Juvenile Handbook which contains facility rules, procedures and information about
services and programs. The facility's Juvenile Handbook shall be provided as part of the admission and
orientation program. Each juvenile shall be required to sign a form acknowledging receipt of the facility's
Juvenile Handbook. A refusal by the juvenile to sign shall be noted on the form by the issuing staff
(c) All changes in disciplinary rules shall be posted in the living and
common areas of the Commission's facilities and incorporated into the next revision of the Handbook on
Discipline and when appropriate, in the facility's Juvenile Handbook.
(d) When a facility has a juvenile in the population who does not speak
and/or read English, the rules shall be printed and presented verbally in the juvenile's primary language.
(e) For juveniles unable to read, the rules shall be verbally communicated
and assistance shall be provided to those juveniles unable to provide written acknowledgment.
13:101-2.2 Review of facility rules
The Superintendent of each facility shall be responsible for maintaining
an ongoing rule review process to ensure that the rules of the facility are current and appropriate. The
facility's Juvenile Handbook shall be revised accordingly.
13:101-2.3 Promulgation of rules
(a) The rules of a facility shall be approved by the facility's
Superintendent and published in the facility's Juvenile Handbook.
(b) The Commission's disciplinary rules shall be promulgated by the
Commission's Executive Board and published in the Handbook on Discipline.
SUBCHAPTER 3. JUVENILE RIGHTS AND RESPONSIBILITIES
13:101-3.1 Notification to juveniles of their rights and responsibilities
(a) Upon reception into the Commission each juvenile shall be given a
Handbook on Discipline, which shall clearly and prominently inform the juvenile of his or her rights:
1. To be treated respectfully, impartially and fairly by all personnel;
2. To be informed of the rules, procedures and schedules concerning the
operation of the facility;
3. To freedom of religious affiliation and voluntary religious worship
within the facility;
4. To health care which includes medical and dental treatment;
5. To nutritious meals, proper bedding and clothing, a laundry schedule
for cleaning bedding and clothing, an opportunity to shower regularly, sufficient warmth, proper
ventilation, fresh air, a regular exercise period and toilet articles;
6. To correspond with and receive visits from family members and other
persons where there is no threat to security or order in keeping with the rules and schedules of the
7. To unrestricted and confidential access to the courts by
8. To legal counsel from an attorney of the juvenile's choice, both
through meetings and through correspondence, and the right to receive help when it is available through a
legal assistance program;
9. To participate in the use of law reference materials to assist in
resolving legal problems;
10. To a wide range of reading material for educational purposes and for
the juvenile's enjoyment;
11. To participate in counseling, education, vocational training, and
employment as far as resources are available and in keeping with the juvenile's interests, needs and
12. To use the services of the Commission's Ombudsman.
(b) Upon reception into the Commission each juvenile shall be given a
Handbook on Discipline, which shall clearly and prominently inform the juvenile of his or her
1. To treat others, both employees and juveniles, respectfully,
impartially and fairly;
2. To know and abide by the rules, procedures and schedules concerning the
operation of the facility;
3. To recognize and respect the rights of others to freedom of religious
affiliation and voluntary religious worship within the facility;
4. To follow the laundry and shower schedules, to maintain neat and clean
living quarters, to seek medical and dental care as needed;
5. To conduct himself or herself properly during visits, to refuse to
accept or pass contraband, and to comply with Commission rules and State or Federal laws through the
6. To use the law library resources in keeping with the facility
procedures and schedule prescribed and to respect the rights of other juveniles in the use of this legal
7. To seek and utilize reading material for personal benefit, without
depriving others of their right to use same;
8. To take advantage of activities (such as counseling, education,
vocational training and employment) that may help the juvenile live a successful and law abiding life
within the facility and in the community. The juvenile will be expected to abide by the regulations
governing the use of such activities; and
9. To attend compulsory educational programs conducted by the Commission
as required by law.
SUBCHAPTER 4. VIOLATIONS
(a) A juvenile who commits one or more of the following numbered
violations shall be subject to disciplinary action:
SECTION J1: CAUSING DEATH
||Intentionally or negligently causing the death of another juvenile, staff member, or other person.
SECTION J2: ASSAULTIVE, AGGRESSIVE, AND RELATED BEHAVIORS
||Intentionally inflicting bodily injury on another person.
||Assault with a Weapon
||Inflicting bodily injury on another person with an item clearly identifiable as a weapon, or
otherwise readily capable of inflicting serious bodily injury.
||Engaging in a physical altercation with another person or persons.
||Throwing Bodily Fluid
||Throwing bodily fluid at any person or otherwise purposely subjecting any person to contact with
||Unauthorized Physical Contact
||Unauthorized physical contact with any person, such as but not limited to, physical contact not
initiated by a staff member, volunteer, visitor, or other resident.
||Threatening another person with bodily injury or with any offense against his or her person.
||Cruelty to Animals
||Physically abusing or otherwise subjecting any animal to harmful or injurious behavior.
SECTION J3: SEXUAL ASSAULT, PROHIBITED SEXUAL ACTS, AND RELATED BEHAVIORS
||Sexual intercourse or sexual contact through the use of force or threatened use of force.
||Consensual Sexual Acts
||Engaging in any consensual sexual acts with any other person.
||Sexual Proposals or Threats
||Making intimidating sexual proposals or sexual threats to another.
||Intentionally exposing oneself to another, or otherwise exposing oneself knowing that he or she is
likely to be observed by another.
||Refusing to Register
||Refusing to register as a sex offender as prescribed by law.
SECTION J4: ESCAPE
||Leaving the grounds of a Commission facility without authorization.
SECTION J5: RIOTING AND GROUP DEMONSTRATIONS
||Participating in a disturbance involving an assembly of three or more persons acting together,
which by tumultuous and violent conduct may result in injury to another.
||Encouraging Others To Riot
||Engaging in behavior, verbal or otherwise, that directly leads to rioting by others, or that
encourages a riot already in progress.
||Participating in the unauthorized assembly of three or more persons engaging in a collective
action, such as but not limited to, a sit-in, rally, or work stoppage.
SECTION J6: CONTRABAND AND RELATED ACTS
||Possession or introduction of any weapon, or of any item readily capable of serving as a weapon,
including, but not limited to, a sharpened instrument, knife, or unauthorized tool.
||Use or possession of electronic equipment not authorized for use or retention by a juvenile,
including, but not limited to, a cellular telephone, two-way radio, or other communication device, or a computer or
||Prohibited Substances and
|Possessing, using, introducing, or making any prohibited substance, including controlled dangerous
substances, alcohol, medications not prescribed for the juvenile by authorized medical or dental staff, tobacco
products, similar intoxicants, or related paraphernalia, such as that used to deliver or make any prohibited
||Misuse of Medication
||Using medication provided to the juvenile by authorized staff in a manner inconsistent with
specific instructions for use.
||Distribution of Prohibited
|Distribution or sale of any prohibited substance, including controlled dangerous substances,
alcohol, prescription medications, tobacco products, similar intoxicants, or related paraphernalia, such as that
used to deliver or make any prohibited substance.
||Interference with Substance
|Failure to comply with an order to submit a specimen for prohibited substance testing or tampering
with said specimen.
||Possession of money or currency not specifically authorized for retention by juvenile.
||Possessing Unauthorized Items
||Possession of anything not authorized for retention or receipt by a juvenile or not issued to the
juvenile through approved facility procedures.
SECTION J7: CONDUCT WHICH DISRUPTS THE SECURITY OR ORDER OF A FACILITY
||Extortion or Blackmail
||Demanding or receiving favors, money, or anything of value from another in return for protection
against others, to avoid bodily harm, or under threat of informing.
||Giving or offering any official or staff member a bribe.
||Detaining another individual(s) against his or her will or under threat of violence with the
purpose of forcing demands to be met.
||Intentionally setting a fire.
||Tampering with any fire equipment, such as but not limited to, fire alarms, fire extinguishers, or
||Damaging or altering government property or property belonging to another person.
||Unauthorized taking of property belonging to the government or to another individual with the
intent to deprive the rightful owner of said property.
||Adulterating Food or Drink
||Contaminating any food or drink with any substance foreign to the food or drink.
||Refusing to Obey An Order
||Refusing to follow any order issued by a staff member.
||Violating Conditions of a
|Violating the written and agreed conditions required for participation in a community residential
||Refusing Medical Testing
||Refusing to submit to any mandatory medical testing, including DNA testing.
||Absence or Lateness
||Unexcused absence or lateness from work, school, or from any assignment.
||Pretending to be sick or injured.
||Abusive or Obscene Language
||Using abusive or obscene language to any staff member or official visitor to the Commission, or
otherwise creating a hostile environment through the use of such language.
||Lying or providing a false statement to a staff member.
||Counterfeiting or Forgery
||Counterfeiting, forging, or unauthorized reproduction or use of any classification document, court
document, psychiatric, psychological, or medical report, money, or any other official document.
|Obtaining or seeking to obtain unauthorized personal information regarding a victim, victim's
family, staff member, or staff member's family.
||Being in an unauthorized area.
||Misuse of Machinery
||Using any equipment or machinery that is not specifically authorized, or contrary to the posted
instructions or safety standards (refers to equipment not identified under J602).
||Interfering with Count
||Interfering with or failing to stand count.
||Gambling or possession of gambling paraphernalia.
||Tattooing or self-mutilation.
||Misuse of Mail or Phone
||Unauthorized use of the mail or telephone.
||Using Mail for
|Perpetrating frauds, deceptions, or con games through the mail, or otherwise using the mail to
further an illegal activity or enterprise.
||Refusing a Search
||Refusal to submit to an authorized search.
||Violation of Written Rule
|Failure to comply with any written or otherwise explicitly stated rule or regulation of any
||Engaging in behavior that is potentially hazardous to the health or hygiene of any person or
||Contact with Public
||Engaging in unauthorized communication with the public.
||Tampering with or blocking any locking device, or possessing unauthorized security equipment, such
as a key, key card, or other device that provides security access or clearance.
||Possessing any clothing not specifically authorized for retention by the juvenile.
||Disrupting Security and
Order of Facility
|Engaging in conduct that disrupts or threatens the security, safety, or orderly operation of any
Commission facility, and that is not otherwise defined herein as a distinct rule violation.
SECTION J8: GANG RELATED ACTIVITY
||Participating in any activity or behavior that promotes the interests of a gang, or that is
otherwise clearly gang-related.
||Possession or exhibition of anything related to or signifying a gang, such as but not limited to
gang-related literature, symbols, or signs.
SECTION J9: ACTIONS IN FURTHERANCE OF A VIOLATION
|Attempting to commit, assisting another to commit, planning or conspiring to commit, or engaging
in an act in preparation to commit, any violation. Any such action in furtherance of a violation shall be
considered the same as committing the violation itself.
13:101-4.2 Mechanisms for responding to violations
(a) When a juvenile is alleged to have committed a
violation, the staff member witnessing the violation shall determine the initial mechanism
for handling the violation based on the severity of the incident. All alleged violations
shall be handled via a full disciplinary proceeding in accordance with N.J.A.C. 13:101-6
except those judged to be minor in nature, which shall be handled via immediate corrective
action in accordance with N.J.A.C. 13:101-5.
(b) Pursuant to the provisions of N.J.A.C. 13:101-5 and 6,
the determination made by the staff member pursuant to (a) above shall be subject to review
and change by the appropriate supervisor and/or Treatment Team.
13:101-4.3 Reports to the prosecutor on violations
All violations which may constitute crimes of the first, second, third or fourth degree under the Criminal Code of the State of New Jersey (N.J.S.A. 2C:1-1 et seq.) shall be referred to the prosecutor of the county in which the facility is located. The referral shall be made by the Chief Investigator of the Commission's Office of Investigations with the approval of the Executive Director.
SUBCHAPTER 5. IMMEDIATE CORRECTIVE ACTION PROCEDURES
13:101-5.1 Immediate corrective action report
(a) When a violation as set forth at N.J.A.C. 13:101-4.1
that is considered minor in nature has occurred, the staff member witnessing the violation
shall prepare an Immediate Corrective Action Form in triplicate, describing the violation
and proposed corrective action. The form shall be completed immediately following the
violation or as soon thereafter as practicable, but not later than the end of the shift on
which the violation occurred. The form shall be distributed as follows:
1. One copy of the form shall be served on the juvenile;
2. Two copies shall be forwarded immediately to the shift
supervisor or unit manager, as appropriate.
13:101-5.2 Immediate corrective action conference
(a) The juvenile shall be afforded the right to challenge
the violation and/or the proposed corrective action via an immediate corrective action
conference held by the shift supervisor or unit manager. If the juvenile requests a
conference, the shift supervisor or unit manager shall hold the conference prior to the
expiration of the shift during which the Immediate Corrective Action Form was received.
(b) A juvenile may waive the conference or may forfeit the
right to attend if the juvenile's behavior justifies his or her removal from the
conference. A waiver or removal shall be documented on the Immediate Corrective Action
Form. In either case, the shift supervisor or unit manager shall review the form and
appropriateness of the proposed sanction.
(c) Following the conference or review, the shift
supervisor or unit manager shall:
1. Affirm the juvenile's guilt and concur with the
proposed corrective action or change the proposed sanction to another authorized corrective
action (N.J.A.C. 13:101-5.3);
2. Conclude that a more serious sanction is necessary and
refer the matter to the Treatment Team in accordance with N.J.A.C. 13:101-5.6; or
3. Determine that there is no cause for action and dismiss
(d) The shift supervisor or unit manager shall enter the
results of the conference or review on the Immediate Corrective Action Form.
(e) At the conclusion of the conference or review, the
juvenile shall receive a completed copy of the Immediate Corrective Action Form. If the
juvenile is found guilty, the remaining copy of the form shall be submitted to the
Superintendent who shall determine where the form shall be maintained. If the charge is
dismissed, the remaining copy of the form shall be destroyed.
(f) Immediate corrective action is minor in nature and the
right afforded to the juvenile to appear at the conference shall be the final appeal of
13:101-5.3 Authorized immediate corrective actions
(a) The following are authorized immediate corrective
1. Withdrawing a privilege or an individual or group
activity, for example, recreation, television or radio privileges, for no more than five
days; meals and snacks provided by the facility are not permitted to be used as a sanction;
2. Requiring a juvenile to pay for repair of damaged
property; to repair the damage, or to complete a work task
3. Room restriction not to exceed four hours;
i. Room restriction in other than a secure facility may
take place only in an unlocked room; in a secure facility room restriction may take place
either in an unlocked or a locked room;
ii. Staff shall visually make contact every 30 minutes
with a juvenile on room restriction unless the circumstances require more frequent contact.
Juveniles shall be within sight or sound at all times;
iii. Juveniles who receive room restrictions shall discuss
their behavior and the results of their behavior with a staff member prior to rejoining the
general population; and
iv. Room restriction not issued as a sanction under
N.J.A.C. 13:101-6.16 shall be entered in the housing unit log book.
4. Facility restriction;
i. Facility restriction shall not exceed 48 hours without
approval of the Superintendent;
ii. Juveniles who receive facility restrictions shall
discuss their behavior and the results of their behavior with a staff member prior to
rejoining the general population; and
iii. Facility restrictions shall be entered in the
facility or housing unit log book;
5. Formal reprimand communicated to a juvenile by a
Sergeant, or above; and
6. Up to four hours of extra work duty.
13:101-5.4 Imposition of immediate corrective action
If the shift supervisor or unit manager affirms the
juvenile's guilt, the approved sanction shall be imposed within 24 hours of the conference.
13:101-5.5 Record of immediate corrective action
(a) The Immediate Corrective Action Form shall be retained
separately from the juvenile's classification folder and in accordance with the internal
management procedures of the facility.
(b) Information regarding immediate corrective actions
shall not be entered onto progress notes or be included in the reports presented to the
New Jersey State Parole Board.
13:101-5.6 Referral to the Treatment Team
(a) Should the shift supervisor or unit manager conclude
that a more serious sanction may be appropriate, the matter shall be referred to a
Treatment Team for a disciplinary hearing and disposition.
(b) A Notice of Violation shall be filed containing all
the required information including a statement of reasons for the referral and any
recommendations. The Notice and copies of all relevant documents shall be forwarded to the
Treatment Team tracking coordinator.
SUBCHAPTER 6. DISCIPLINARY PROCEEDINGS
13:101-6.1 Composition, authority and decisions of the Treatment Team
(a) All disciplinary hearings shall be conducted at a
secure facility by a Treatment Team, consisting of the following staff members:
1. The Superintendent or designee, who shall be of
supervisory rank and who shall serve as chairperson;
2. The Director of Custody Operations or designee of the
rank of Captain or above; or a Lieutenant in case of a Captain's absence, designated by the
3. The Supervisor of Social Services or designee, who
shall be of supervisory rank; and
4. The Supervisor of Education or designee who shall be of
(b) A staff member shall not sit as a member of the
Treatment Team if the Team is hearing an incident that the staff member has reported and/or
(c) A staff member witnessing an incident under
consideration shall not sit as a member of the Treatment Team unless the incident has been
so widely witnessed that virtually every staff member has witnessed it in whole or in part.
(d) The Treatment Team shall have the authority to summon
witnesses, take testimony, receive documentary evidence and shall have access to all
facility records which are relevant and necessary to the adjudication of any disciplinary
(e) The Treatment Team 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 Team Chairperson shall exercise control over all presentations to prevent lack of
relevancy, harassment, abuse or repetitiveness and to insure that the hearing does not
develop into an adversary proceeding.
(f) Decisions of a Treatment Team shall be by majority
vote with each member having an equal vote and an equal right to participate in the
fact-finding, discussions and deliberations of the Team. In the event of a tie, the
Chairperson shall cast an additional tie breaking vote.
(g) The Superintendent shall designate a tracking
coordinator who shall be responsible for all administrative tasks of the Treatment Team.
The tracking coordinator shall not be a member of the Treatment Team.
13:101-6.2 Disciplinary report
(a) Except for those matters handled by immediate
corrective action (N.J.A.C. 13:101-5), when a violation as identified in N.J.A.C.
13:101-4.1 has occurred, the staff member who witnessed it or who has probable cause to
believe that a violation has occurred shall prepare a Notice of Violation and forward it
to the appropriate supervisor.
(b) The supervisor may handle the matter as an immediate
corrective action or forward it to the Treatment Team for further disposition.
(c) The Notice of Violation shall be served upon the
juvenile within 24 hours after the violation unless there are exceptional circumstances.
The notice shall be delivered by the reporting staff member or the investigating staff
member. The notice shall be signed by the person delivering it and the date and time of
delivery shall be noted. The juvenile shall have at least 24 hours to prepare his or her
13:101-6.3 Use immunity
(a) In all cases, the juvenile shall be advised of his or
her right to use immunity at any investigative interview and at the disciplinary hearing.
This warning shall consist of a statement that any statements made in connection with the
disciplinary hearing or any evidence derived directly or indirectly from those statements
shall not be used in any subsequent criminal or delinquency proceeding. The failure to give
this warning by the investigating staff member shall not be grounds for dismissing the
disciplinary report. The Treatment Team at its discretion may grant a postponement if it is
determined that such failure has precluded the juvenile from adequately preparing his or
her defense at the hearing.
(b) A juvenile's failure to invoke use immunity and make a
statement in his or her defense may be considered by the Treatment Team together with the
other evidence in decision making.
(c) A finding of guilt at a disciplinary hearing, however,
shall not be predicated solely upon a juvenile's silence.
(a) An investigation of the violation shall be conducted
by the facility at which the hearing will be held within 24 hours of the time the Notice of
Violation is served upon the juvenile.
(b) The Superintendent shall appoint a custody staff
member of supervisory level who shall conduct investigations of all violations.
(c) Whenever a juvenile is under special observation
status, the investigator shall advise the facility's Superintendent who shall refer the
juvenile for a psychiatric and/or psychological evaluation. In all other cases, the
investigator may request that the facility's Superintendent refer the juvenile for a
psychiatric and/or psychological evaluation. The Superintendent shall determine the need
to obtain a psychological and/or psychiatric evaluation based upon the nature of the
violation and all other relevant information.
1. In those cases where a psychological and/or psychiatric
evaluation is necessary, the Superintendent shall forward a written request for evaluation
to the facility's lead psychologist.
2. Upon completion and receipt of the evaluation report,
the Treatment Team shall consider the information provided in the evaluation report along
with any other information gathered during the investigation.
(d) The investigator shall thoroughly investigate the
incident. As part of this investigation, the investigator shall verify that the juvenile
has received the Notice of Violation. The investigator shall also read the charge to the
juvenile, inform the juvenile of the juvenile's use immunity rights, take the juvenile's
plea, and ask if the juvenile wishes to make a statement concerning the incident. The
investigator shall take the juvenile's statement concerning the incident. The investigator
may talk to witnesses and the reporting staff member and summarize their statements as may
be necessary. Comments about the juvenile's attitude may be included in the investigatory
(e) The juvenile may submit to the investigator a written
request for juvenile witnesses. Written requests shall be attached to the record in the
(f) The investigator may include comments and conclusions
on the juvenile's prior record and behavior, the investigator's analysis of any conflicts
between witnesses, and the investigator's conclusions of what in fact happened. The
juvenile shall not receive a copy of the investigation.
(g) The juvenile may obtain a copy of juvenile witness
statements, provided that the Commission finds that such a disclosure would not compromise
facility safety and security.
13:101-6.5 Requiring further investigation of charges
The Treatment Team may direct a further investigation in
any case where it is of the opinion that the report is not properly made out or the facts
and circumstances are not sufficient to set forth a basic understanding of the incident.
The Treatment Team shall append the supplementary information, in writing, to the original
investigation report. The person who supplied the additional information shall sign that
section of the report.
13:101-6.6 Scheduling disciplinary hearings
(a) Meetings with a Treatment Team shall be convened at
such times as are appropriate to carry out the work of the Treatment Team.
(b) The juvenile shall be entitled to a hearing within
three days of the alleged violation, including weekends and holidays, unless the hearing is
prevented by exceptional circumstances, unavoidable delays or reasonable postponements.
Should the third day fall on a Saturday, Sunday or holiday, the last day for the hearing
shall be the weekday immediately following the weekend or holiday.
(c) Juveniles held in prehearing room restriction, as
provided for in N.J.A.C. 13:101-8, shall receive a hearing within three days, including
weekends and holidays, unless there are exceptional circumstances, unavoidable delays or
reasonable postponements. Should the third day fall on a Saturday, Sunday or holiday, the
hearing shall be held on the weekday immediately following the weekend or holiday.
(d) Juveniles held in prehearing room restriction shall be
given priority in scheduling their appearance before the Treatment Team.
(e) No delays in hearing a case shall be permitted for the
purpose of punishment or discipline.
13:101-6.7 Review of postponed cases
Hearings which have been postponed for further
investigation shall be reviewed by the Treatment Team within 24 hours of the postponement
if the juvenile is in prehearing room restriction or within seven days in all other cases
to determine if a further postponement is warranted. Further postponements shall be granted
only in exceptional circumstances.
13:101-6.8 Failure to adhere to time limits
(a) The failure to adhere to any of the time limits
prescribed by this subchapter shall not mandate the dismissal of a disciplinary charge.
However, the Treatment Team may, in its discretion, dismiss a disciplinary charge because
of a violation of time limits. Such discretion shall be guided by the following factors:
1. The length of the delay;
2. The reason for the delay;
3. Prejudice to the juvenile in preparing his or her
4. The seriousness of the alleged infraction.
13:101-6.9 Right of juvenile to appear at disciplinary hearing
(a) A juvenile shall be permitted to be present throughout
the disciplinary hearing except during the necessary deliberations of the Treatment Team
and except in instances where facility security would be jeopardized by the juvenile's
(b) The reasons for excluding a juvenile from the hearing
must be well documented in the record.
13:101-6.10 In absentia hearings
(a) A full in absentia hearing shall be conducted if the
juvenile refuses to appear at the hearing.
(b) The following procedural process shall apply at all
disciplinary hearings conducted in absentia that will enable the Treatment Team to ensure
that the juvenile has been given every opportunity to be present for his or her
1. The escorting staff member shall report the juvenile's
refusal to appear before the Treatment Team.
2. A staff member shall deliver to the juvenile who
refuses to appear a Refusal to Attend Hearing Notice that includes the following statement:
"I voluntarily refuse to appear at this hearing. I understand that the hearing will be held
in my absence."
3. The staff member shall advise the juvenile that refusal
to appear at the disciplinary hearing may result in an incomplete understanding by the
Treatment Team of the circumstances surrounding the charges lodged against the juvenile. If
the juvenile still refuses to appear at the disciplinary hearing, the juvenile shall be
requested to sign Refusal to Attend Hearing Notice immediately after the statement noted
above in (b)2 above.
4. In the event the juvenile refuses to sign his or her
name where designated on the Refusal to Attend Hearing Notice and still refuses to appear,
the notice shall be returned to the Treatment Team Chairperson and the following statement
on the notice shall be acknowledged by the signature of the investigating staff member:
|"Juvenile refuses to sign
||Signature of Staff Member, Date
5. The Treatment Team shall ensure that the following
statement shall be included in the juvenile statement section of the Disciplinary Review
Report: "No statement taken as the juvenile refused to appear at the hearing."
13:101-6.11 Aid in presentation of juvenile's case
(a) When a juvenile has been charged with a violation, the
juvenile shall be afforded the right to request representation by a counsel substitute.
(b) When the Treatment Team determines that a juvenile
cannot adequately collect and present the evidence in his or her own behalf, the juvenile
may elect to receive the services of a counsel substitute or the juvenile may request
representation by a staff member.
(c) Where the juvenile requests the services of a staff
member, the Superintendent or his or her designee may appoint a staff member to provide
(d) The counsel substitute and/or the staff member shall
be permitted reasonable time to speak to the juvenile and shall be given at least 24 hours
to prepare the juvenile's defense.
(e) If necessary, the juvenile shall be allowed to present
a defense through an interpreter.
13:101-6.12 Opportunity to call witnesses and present evidence
(a) Juveniles shall be allowed to call witnesses and
present documentary evidence in their defense when permitting them to do so will not be
unduly hazardous to facility safety. The Treatment Team shall review the evidence offered
as reasonably available and necessary for proper understanding of the circumstances
surrounding the charge. The Treatment Team has the discretion to keep the hearing within
reasonable limits and to refuse to call repetitive witnesses and witnesses who may create a
risk of reprisal. For purposes of this subsection, "repetitive witnesses" are witnesses who
provide the same account as a previous witness(es). "Repetitive witnesses" are not intended
to refer to the calling of a witness(es) who previously provided written documentary
evidence. Unavailable witnesses may be asked to submit written statements. If the Treatment
Team shall refuse to call one or more witnesses, the reasons for each such refusal shall be
separately specified on the Disciplinary Review Report.
(b) Witnesses requested by the juvenile who are called may
be questioned by members of the Treatment Team and the juvenile, the staff member or
counsel substitute. Juveniles or their representatives may request that certain questions
be directed by the Treatment Team members to any witness. The Treatment Team may take
testimony in a manner or form which is determined to be necessary to protect facility
safety. Such manner or form shall include, but shall not be limited to, the consideration
of confidential reports.
13:101-6.13 Confrontation and cross examination
(a) The opportunity for confrontation and cross
examination, if requested, shall be provided to the juvenile in such instances where the
Treatment Team deems it necessary for an adequate presentation of the evidence,
particularly when serious issues of credibility are involved.
(b) The Treatment Team may refuse confrontation and cross
examination when said would be unduly hazardous to facility safety.
13:101-6.14 Evidence required for a finding of guilt
(a) A finding of guilt at a disciplinary hearing shall be
based upon substantial evidence that the juvenile has committed a violation.
(b) Evidence relied upon in making a determination shall
be specified on the Disciplinary Review Report.
1. In any case in which the Treatment Team's decision of
guilt is based on evidence which includes confidential information, the report shall
i. A concise summary of the facts on which the Treatment
Team concluded that the informant was credible or his or her information reliable; and
ii. The informant's statement (either in writing or as
reported) in language that is factual rather than a conclusion, and based on the
informant's personal knowledge of the matters contained in such statement.
2. The Treatment Team shall not disclose the identity of
13:101-6.15 Modification of charge during disciplinary hearing
(a) Whenever it becomes apparent at a disciplinary hearing
that an incorrect violation is cited in the Notice of Violation but that the juvenile may
have committed another violation, the Treatment Team shall modify the charge and give the
juvenile the option of a 24-hour postponement to prepare his or her defense against the new
charge or to adjudicate the new charge at that time.
(b) After reviewing the charge and all available
information, the Treatment Team may conclude that the infraction is of a minor nature and
handle it as an immediate corrective action.
13:101-6.16 Disciplinary sanctions
(a) The sanction may be individualized by considering such
factors as the:
1. Juvenile's history of adjustment in the Commission;
2. Setting and circumstances of the prohibited behavior;
3. Involved juvenile's account;
4. Rehabilitative goals set for the juvenile; and
5. Juvenile's history of or the presence of special needs.
(b) A finding of guilt for any violation, other than a
violation handled by immediate corrective action, shall render the offender subject to one
or more of the following sanctions:
1. Any sanction prescribed for an immediate corrective
action (see N.J.A.C. 13:101-5.3);
2. Up to five days room restriction, subject to the
provisions of N.J.A.C. 13:101-6.17;
3. Loss of telephone, radio, television, and contact visit
privileges for up to 30 days;
4. Loss of one or more additional facility privileges up
to 15 days;
6. Up to 14 hours extra work duty, to be performed
within a maximum of two weeks;
7. Restitution for damage, alteration or destruction of
State property or the property of another person which results in undue expenditure of
State funds; or
8. Referral to Mental Health Services or to another
program or treatment regimen for appropriate care and/or treatment.
(c) In addition to the sanctions in (b) above,
administrative action may be taken by the Institutional Classification Committee upon a
recommendation by the Treatment Team. Such action may include, but not be limited to, the
1. Recommending transfer to a more appropriate facility or
2. Increasing custody status;
3. Changing work or housing assignments; and/or
4. Assigning to a treatment program.
13:101-6.17 Limitations on room restriction as a disciplinary
(a) A juvenile may receive up to five days in room
restriction as a sanction for each violation charged, whether arising out of a single or
separate incidents. However, no juvenile may spend more than five consecutive days in room
restriction, whether because of separate sanctions imposed for distinct charges or for any
other reason, except as set forth in (e) below.
(b) A period of no less than two full days must separate
distinct terms of room restriction.
(c) A juvenile shall not serve an aggregate time in room
restriction in excess of 10 days in any 30 day period.
(d) Time spent by a juvenile in prehearing room
restriction, as provided for in N.J.A.C. 13:101-8.1, shall be counted as days spent in room
restriction for purposes of determining compliance with the time limitations set forth in
(e) Nothing in this section shall prevent the placement of
a juvenile in room restriction for the minimum time necessary to eliminate an immediate
threat to the safety of either the juvenile, staff or other juveniles, or to the orderly
operation of the facility.
13:101-6.18 Suspending sanctions
(a) The Treatment Team may, in its discretion, suspend a
sanction(s) for 30 days when such action is warranted by the particular circumstances of
(b) When a sanction(s) is suspended and the juvenile's
behavior conforms to the required code of behavior throughout the period of suspension, the
juvenile shall be relieved of the sanction(s).
(c) If the juvenile commits further violations of the
facility's rules or regulations during the period of the suspension, the Treatment Team
shall enforce the sanction(s) which was suspended and impose an additional sanction(s) for
the new violation(s).
The Treatment Team shall give guidance to the juvenile
with respect to the reason for the rules and policies of the facility. The elements of the
juvenile's behavior or attitude that are deemed to be unsatisfactory shall be pointed out.
(a) A juvenile in either a non-secure facility or in any
other facility without an assigned Treatment Team, who is charged with a violation, other
than one handled by immediate corrective action, shall be transferred to a secure facility
with an assigned Treatment Team for adjudication of his or her disciplinary charges.
(b) In those instances in (a) above, and in all others
involving the transfer of a juvenile to another facility as a result of a disciplinary
charge, the Notice of Violation shall be served and the disciplinary hearing shall be
granted after the transfer.
(c) The sending facility shall be responsible for
preparing the disciplinary charges and forwarding them to the facility receiving the
(d) The receiving facility shall be responsible for
conducting the investigation of the charges.
(e) The Treatment Team assigned to the receiving facility
shall conduct the hearing.
(f) All due process safeguards shall be provided as soon
after the transfer as practicable and shall be in compliance with this subchapter except
that written statements of unavailable witnesses shall be liberally accepted instead of
(g) Except as set forth in (a) above, no juvenile in a
Commission secure facility shall be transferred to a more secure facility as a result of a
disciplinary charge unless the Superintendent and the Director of Operations have
determined that there are conditions justifying the transfer.
13:101-6.21 Disciplinary decision
(a) After the hearing has been completed, written
fact-findings shall be given to the juvenile by the Treatment Team Chairperson. This
statement shall include evidence relied upon, the decision and the reason for the
disciplinary action taken, unless doing so would, in the discretion of the Treatment Team,
jeopardize facility security. The written statement shall also indicate the reason for
refusing to call a witness or to disclose items of evidence whether it be for irrelevance,
lack of necessity or other special circumstances presented in individual cases. When a
juvenile has been denied the opportunity for confrontation and cross-examination, the
reason for such denial shall be entered in the record and made available to the juvenile.
(b) A copy of the disciplinary decision shall be kept in
the Treatment Team's records and in the juvenile's classification folder unless the
juvenile has been adjudicated not guilty of the charge(s), in which case, the records of
the charge(s) shall be expunged from the juvenile's classification folder.
(c) If the juvenile is adjudicated guilty, the decision
shall be entered on the juvenile's progress notes and included in reports submitted to the
New Jersey State Parole Board.
13:101-6.22 Discipline record card
For the purpose of assisting the Treatment Team in
determining the appropriate sanction to impose, each facility shall have available at the
hearing a Disciplinary Record Card for each juvenile. This card shall accompany the
juvenile should he or she be transferred to another Commission facility.
(a) If a juvenile is adjudicated not guilty on a
disciplinary charge, the results of the hearing shall not be entered onto the juvenile's
progress sheet. In addition, all references to the disciplinary charges (including any
entry onto the progress sheet, the disciplinary report, the investigation report and the
adjudication sheet) shall be removed from the juvenile's classification folder. Copies of
the disciplinary report, investigation and adjudication sheet shall be maintained by the
facility and the Treatment Team in the event of judicial review and for statistical and
accounting purposes only. These records shall be maintained separately from the juvenile's
(b) In the event that a finding of guilt is rescinded on
appeal and no further disciplinary action is taken, the juvenile's records shall be
expunged in accordance with the above procedure. Copies of the appeal and the disposition
on appeal shall be forwarded to the Treatment Team for their records.
13:101-6.24 Records of disciplinary reports
(a) A disciplinary report result sheet containing the
following information regarding juveniles who received disciplinary actions shall be
prepared by the Treatment Team Tracking Coordinator no less than weekly and submitted to
the Superintendent or his or her designee:
1. The names of the juveniles;
2. The juveniles' numbers;
3. The juveniles' housing locations;
4. The violations of the juveniles;
5. The names of staff members who wrote the reports;
6. The disposition of the charges; and
7. The names of staff members who adjudicated the cases.
(b) The result sheet shall be kept on file for two years.
SUBCHAPTER 7. APPEALS OF DISCIPLINARY DECISIONS
13:101-7.1 Time limit to file an appeal
(a) The juvenile shall be advised in writing by the
Treatment Team of the opportunity to appeal to the Superintendent or his or her designee,
who shall be an Assistant Superintendent, at the time the juvenile is provided with the
disciplinary decision. Juveniles shall have 48 hours from receipt of the disciplinary
decision to make such appeal.
(b) In all cases, the Superintendent or his or her
designee may, for good cause shown, accept appeals submitted after the prescribed deadline.
13:101-7.2 Processing appeal
(a) The juvenile shall use the Disciplinary Review Appeal
Form to request an appeal of a disciplinary decision. The juvenile shall submit the
completed form to any staff member.
(b) Upon submission of the Disciplinary Review Appeal
Form, the person accepting the appeal form shall sign, date and note the time on the
original and copies in the juvenile's presence. A copy of the form shall be given to the
(c) The Disciplinary Review Appeal Form shall be brought
to the office of the Superintendent within 24 hours of receipt from the juvenile.
(d) All appeals shall be considered by the Superintendent
or his or her designee of the facility at which the charge was adjudicated.
(e) If the juvenile is transferred before the appeal is
received, the Disciplinary Review Appeal Form shall be delivered to the Superintendent of
the facility at which the charge was adjudicated within 48 hours of its receipt from the
(f) In the event that the Superintendent or his or her
designee was a member of the Treatment Team whose decision is being appealed, the
Superintendent shall designate a staff member of supervisory rank to decide the appeal
1. Was not a member of the Treatment Team;
2. Did not report or investigate the incident; and
3. Did not witness the incident under consideration,
unless the incident was so widely witnessed that virtually every staff member of
supervisory rank has witnessed it in whole or in part.
(g) Juveniles unable to complete the Disciplinary Review
Appeal Form may request assistance from another juvenile or staff member in preparing the
form. When the form has been completed by a juvenile other than the juvenile who received
the charge, or by a staff member, the name of the preparer shall appear on the form.
(h) When a juvenile requests assistance from a staff
member, an appropriate staff member shall be appointed by the Superintendent or designee.
13:101-7.3 Stay of sanctions pending appeal
(a) Juveniles who wish to have their sanctions stayed
pending a decision on their appeal, must make a request to the Superintendent or his or her
designee for this consideration. If this request is not made, no action shall be taken to
stay any sanctions received in the disciplinary hearing.
(b) A sanction of disciplinary room restriction shall not
be stayed pending appeal unless the juvenile establishes by clear and convincing evidence
that the juvenile's release from disciplinary room restriction will not jeopardize facility
security and order, that witnesses or victims will not be intimidated and that the juvenile
will not engage in any action which could otherwise interfere with the administration of
13:101-7.4 Investigation of appeal
(a) The Superintendent or his or her designee may order an
independent investigation of the charge and proceedings of the disciplinary hearing in
those instances in which the juvenile's appeal and information furnished after the initial
disciplinary hearing appear to warrant such action.
(b) The Superintendent or his or her designee shall have
the option to request a total or partial reinvestigation of the charge or proceedings of
the hearing. The reinvestigation may be conducted by any person or unit designated by the
Superintendent or his or her designee, provided, however, that the individual shall have
had no contact with the issuance of the first investigation of the charge.
(c) The reinvestigation may include any of the components
of the original investigation such as re-interviewing witnesses, juveniles and custody
staff, reevaluating reports and reexamining evidence.
(d) On the basis of new evidence, the Superintendent or
his or her designee may also request a polygraph examination as part of the
reinvestigation. A juvenile under the age of 18 who consents to take a polygraph
examination shall take the examination only with the express written consent of his or her
parent or guardian, or if there is an appropriately executed court order. All other
factors relating to administering polygraph examinations to juveniles shall be handled in
the same manner as to an adult inmate (See N.J.A.C. 10A:3-7). Pursuant to N.J.S.A.
2C:40A-1, no employee may be forced to consent to a polygraph examination as a prerequisite
to employment or as a condition of retaining employment.
(e) In reviewing an appeal the following factors shall be
1. Compliance with the subchapters on juvenile discipline
which prescribe procedural safeguards (see N.J.A.C. 13:101-6);
2. Whether the decision of the Treatment Team was based
upon substantial evidence;
3. Whether the sanction imposed was proportionate to the
offense in view of the juvenile's recent disciplinary history and present custody status;
4. Whether the juvenile has a history or presence of
mental illness; and
5. Whether extenuating circumstances were considered.
13:101-7.5 Disposition of appeal
(a) At the conclusion of the review of an appeal, the
Superintendent or his or her designee shall take one of the following actions:
1. Rescind the decision of the Treatment Team if the
review and/or investigation indicates that the evidence fails to demonstrate that any
violation was committed, or the Superintendent determines that there was such a failure to
adhere to proper procedures at the initial hearing that the juvenile had been irreparably
prejudiced and would be unable to present a defense at a rehearing. No further disciplinary
action shall be taken. The copies of the infraction and all notations concerning the
infraction shall be promptly expunged from the juvenile's records;
2. Rescind the original decision and order a new hearing
if the review and/or investigation indicates that procedural safeguards prescribed for
juvenile disciplinary hearings were not followed, or if new evidence not available at the
original hearing is revealed. If a new hearing is ordered, there shall be no increase in
the severity of the sanctions unless new evidence warrants such action;
3. Downgrade the sanctions if the review and/or
investigation indicates that the sanction is disproportionate to the offense in accordance
with factors enumerated in N.J.A.C. 13:101-6.16(a);
4. Order a new hearing if the review and/or investigation
indicates that the evidence does not support the findings of the Treatment Team but would
support some form of disciplinary action for a lesser offense than that with which the
juvenile was charged; or
5. Uphold the decision of the Treatment Team and make no
change in the penalty.
(b) In no event shall there be an increase in severity of
sanctions issued by the Treatment Team solely as a result of the review of the appeal.
13:101-7.6 Notification to juvenile of appeal results
(a) In all cases, the juvenile shall be notified in
writing of the results of the review of the appeal and the reasons therefore. The
Disciplinary Review Appeal Form shall be used for this purpose.
1. If a juvenile is being held in disciplinary room
restriction which resulted from disciplinary action, the written decision on the appeal
shall be given to the juvenile within 24 hours of receipt of the appeal, excluding weekends
2. In all other cases, or if the sanctions have been
stayed, the Superintendent or his or her designee shall respond in writing to the juvenile
within two business days of receipt of the appeal.
(b) Copies of the decision shall also be distributed to
the Treatment Team and the juvenile's file. Other copies may be distributed as determined
to be necessary by the Superintendent or his or her designee.
(c) Only for reasons of significant importance may a
Superintendent or his or her designee extend the time limit to act on an appeal. In such
case, the juvenile shall be notified in writing within the prescribed time period that
action on the juvenile's appeal has been extended. Where possible, the reason for the
extension shall be explained in general terms to the juvenile.
13:101-7.7 Appeals resulting in rehearings
(a) If a rehearing is required, the juvenile shall be
accorded all procedural rights applicable to a disciplinary hearing.
(b) The hearing body shall not be the same as that which
heard the original charge.
1. In the absence of exceptional circumstances, a
rehearing shall be scheduled no more than seven calendar days from the date of the original
2. When a disciplinary sanction has not been stayed
pending the outcome of the appeal, a rehearing shall be scheduled within 24 hours of the
decision of the Superintendent to have the matter reheard, excluding weekends and holidays,
in the absence of exceptional circumstances.
(c) Rehearings may be appealed and the Superintendent may
exercise the same options as provided for in N.J.A.C. 13:101-7.5.
SUBCHAPTER 8. PREHEARING ROOM RESTRICTION; CONDITIONS OF ROOM RESTRICTION GENERALLY
13:101-8.1 Confinement in room restriction pending Treatment Team hearing
(a) A juvenile may be placed in room restriction pending
the hearing of disciplinary charges by a Treatment Team, provided however, that such
prehearing room restriction shall be served only in a secure facility with an assigned
Treatment Team, and shall be limited to instances where the Superintendent or designee
determines that prehearing room restriction is necessary for the safety of the juvenile,
staff or other juveniles, or for the orderly operation of the facility.
1. A Room Restriction/Separation Form must be completed
for each juvenile placed in prehearing room restriction, if possible prior to the placement
of the juvenile in prehearing room restriction. After all necessary parties have signed
the Room Restriction/Separation Form it shall be placed in the juvenile's folder.
(b) A juvenile in either a non-secure facility, or in any
other facility without an assigned Treatment Team, shall be transferred to a secure
facility with an assigned Treatment Team when assigned to prehearing room restriction.
(c) Factors that may be considered by the Superintendent
or designee in determining whether confinement in prehearing room restriction is warranted
1. The juvenile has been charged with an assault upon
another person and, in the opinion of the staff, there is a substantial possibility that
the juvenile may assault another juvenile or staff member;
2. The juvenile has been charged with threatening another
person and, in the opinion of the staff, there is a substantial possibility that the
juvenile will act on his or her threat;
3. The juvenile has been charged with being under the
influence of drugs or intoxicants and, in the opinion of the staff, the juvenile's
behavioral controls appear to be impaired;
4. The juvenile has been charged with inciting others to
engage in an assault upon another person, causing serious destruction of property or
participating in a group demonstration or work stoppage and, in the opinion of the staff,
there is a substantial possibility the juvenile will continue such incitement;
5. The juvenile has been charged with arson or serious
destruction of property and, in the opinion of the staff, there is a substantial likelihood
that the juvenile may engage in additional arson or destruction of property;
6. The juvenile has received a disciplinary charge and, in
the opinion of the staff, there is a substantial possibility that the juvenile will attempt
to harm, threaten or intimidate potential witnesses or will attempt to organize or
encourage others to harm, threaten or intimidate potential witnesses;
7. The juvenile has been charged with participating in an
unauthorized gathering or group demonstration and the juvenile refuses to abandon his or
her participation; and
8. The juvenile has been charged with escape or attempted
escape and evidence has been produced which indicates that the juvenile presents a serious
escape risk if permitted to remain in the general population.
(d) Time spent in prehearing room restriction shall be
credited against any sanction of room restriction imposed by the Treatment Team.
13:101-8.2 Ventilation, heating, lighting and sanitation in room
(a) Ventilation and reasonable temperature shall be
maintained on a 24-hour basis. Light of sufficient intensity shall be maintained to allow
visual observations of juveniles at all times.
(b) Juveniles shall not be placed in housing units that
lack cleanliness or have malfunctioning sanitary fixtures or lights.
(c) Daily inspections shall be made to ensure the rooms
are kept secure, clean and sanitary.
(d) Toilets that are flush controlled from outside the
rooms shall be flushed as often as is necessary to maintain good sanitary standards.
13:101-8.3 Visual observation
(a) A juvenile in room restriction shall be observed
directly by custody staff on a regular basis, and in no event less frequently than hourly.
1. There shall be no physical obstruction to visual
observation at any time; full or partial curtains and other items shall not be permitted
over the room door or room door window.
13:101-8.4 Personal items
(a) A juvenile shall be admitted to room restriction
dressed in standard clothing, or other clothing deemed appropriate for the custody level of
the juvenile, after a thorough search for contraband, except that belts and shoestrings
shall not be permitted.
(b) Each juvenile shall be provided with the following
items for use in the room to the same extent as such items are provided for juveniles in
the general population:
1. Clothing required for use in the room;
2. Bedding and mattresses;
3. Personal hygiene supplies (including soap, deodorant,
toothbrush and toothpaste or powder, towel, toilet paper, and female sanitation supplies
4. Utensils and supplies for adequately cleaning the room;
6. Reading material;
7. Writing materials; and
8. Legal materials.
13:101-8.5 Withdrawal of personal items or special activities
(a) Whenever in the judgment of the supervisor of the unit
where the juvenile is being held in room restriction there is imminent danger that a
juvenile will destroy any item or will injure himself or herself, another person, or damage
property with any item, the supervisor may direct that the juvenile be deprived of the
item, if practicable. In such a case, however, every effort shall be made to supply a
substitute for the item or to permit the juvenile to use the item under supervision of a
custody staff member.
(b) Whenever a juvenile is deprived of any usually
authorized item or activity, a written report shall be immediately forwarded to the
Superintendent or his or her designee, identifying the juvenile, the item or activity of
which the juvenile has been deprived and the reason thereof.
(c) Whenever the circumstances are such that all the
juvenile's clothing is removed, the Superintendent or his or her designee shall be
contacted immediately for approval of this action.
(d) Arrangements shall be made for a physician or other
appropriate staff to visit the juvenile as soon as possible after the withdrawal of
personal item(s) or activities.
(e) In all cases, the item or activity shall be restored
to the juvenile as soon as restoration appears to be consistent with safety.
(f) No juvenile shall ever, under any circumstances, be
deprived of any of these items or activities for the purposes of punishment or discipline.
13:101-8.6 Medical and psychiatric services
(a) Juveniles in room restriction shall receive a daily
visit by a member of the health care staff, which can be a nurse, paramedic, doctor or
other authorized health care personnel.
(b) Medical and psychiatric emergencies shall be attended
to immediately. Requests for medical attention for juveniles in non-emergency situations
shall be responded to by the physician, or a health care staff member designated by the
physician, within 24 hours.
(c) Whenever it appears that a juvenile is suffering from
an emotional or psychiatric disturbance, health care staff shall immediately provide
appropriate intervention services and shall make arrangements for a psychiatric or
psychological evaluation. Documentation of the evaluation findings shall be forwarded to
the Superintendent or his or her designee by the health care staff member who conducted the
evaluation prior to completion of the shift of the health care staff member on the day the
evaluation is conducted. A copy of the findings of the evaluation shall be placed in the
juvenile's medical record.
13:101-8.7 Visits by social services and supervisory custody staff
(a) A member of the facility's social services staff shall
visit juveniles in room restriction daily to determine any emergencies or unusual needs of
(b) Juveniles shall receive at least daily visits from the
custody staff supervisor in charge of the unit where the juvenile is being held in room
13:101-8.8 Chaplain services
(a) Juveniles held in room restriction shall be provided
with access to pastoral services.
(b) The secure facility chaplain, or an outside religious
leader approved by the chaplain and superintendent, shall visit a juveniles in response to
a written request for religious counseling or other pastoral services.
(a) Juveniles in room restriction shall be served the
regular secure facility meals from the "Menu of the Day" unless a special diet is
prescribed by a physician or mental health professional, or a religious vegetarian diet has
been approved by the secure facility chaplain.
(b) Disposable utensils shall be used when appropriate.
13:101-8.10 Correspondence, visits and telephone calls
(a) Juveniles held in room restriction shall have the same
opportunities to send and receive written correspondence that are available to juveniles in
the general population.
(b) Juveniles held in room restriction shall not be
provided with visit or telephone opportunities while in room restriction with the exception
of legal telephone calls.
1. The Superintendent or his or her designee may authorize
a special visit or telephone call for a juvenile when there are compelling reasons to do so.
2. Every effort shall be made to notify expected social
visitors prior to the next regularly scheduled visiting period of the restriction on
ordinary visiting procedures for juveniles held in room restriction.
13:101-8.11 Grooming, showering and shaving
(a) Barbering and hair care services shall be provided as
(b) Each juvenile shall be given the opportunity to shave
and shower daily, unless permitting these activities would present an undue security hazard.
When conditions permit, facilities shall provide
recreation outside of the rooms at least five hours per week.
13:101-8.13 Room restriction records
(a) The following information regarding juveniles held in
room restriction shall be available for the use of the custody staff:
1. The juvenile's name;
2. The juvenile's number;
3. The housing location;
4. The unit;
5. The room assignment;
6. The date admitted;
7. The disciplinary charge leading to room restriction;
8. The expiration date of room restriction; and
9. Special medical or psychiatric problems.
(b) Visits by medical, psychiatric, social services or
custody supervisory staff and all unusual behavior shall be noted in the unit log book
together with the time and date of occurrence.
Peter C. Harvey
Chair, Juvenile Justice Commission
By: Markus Green
Attorney General's Designee