N.J. Admin. Code § 13:101-4.1

Current through Register Vol. 56, No. 24, December 18, 2024
Section 13:101-4.1 - Violations
(a) A juvenile who commits one or more of the following numbered violations shall be subject to disciplinary action:

SECTION J1: CAUSING DEATH
NumberViolationDescription
J101Causing DeathIntentionally or negligently
causing the death of another
juvenile, staff member, or other
person.
SECTION J2: ASSAULTIVE, AGGRESSIVE, AND RELATED BEHAVIORS
J201AAssault on JuvenileIntentionally inflicting bodily
injury on another juvenile.
J201BAssault on StaffIntentionally inflicting bodily
injury on a staff person.
J201CAggravated AssaultIntentionally inflicting serious
bodily injury on any person.
J202Assault with a WeaponInflicting bodily injury on
another person with an item clearly
identifiable as a weapon, or
otherwise readily capable of
inflicting serious bodily injury.
J203FightingEngaging in a physical
altercation with another person or
persons.
J204Throwing Bodily FluidThrowing bodily fluid at any
person or otherwise purposely
subjecting any person to contact
with bodily fluid.
J205Unauthorized PhysicalUnauthorized physical contact
Contactwith any person, such as, but not
limited to, physical contact not
initiated by a staff member,
volunteer, visitor, or other
resident.
J206Threatening AnotherThreatening another person with
bodily injury or with any offense
against his or her person.
J207Cruelty to AnimalsPhysically abusing or otherwise
subjecting any animal to harmful or
injurious behavior.
SECTION J3: SEXUAL ASSAULT, PROHIBITED SEXUAL ACTS, AND RELATED
BEHAVIORS
J301Sexual AssaultSexual intercourse or sexual
contact through the use of force or
threatened use of force.
J302Consensual Sexual ActsEngaging in any consensual sexual
acts with any other person.
J303Sexual Proposals orMaking intimidating sexual
Threatsproposals or sexual threats to
another.
J304Indecent ExposureIntentionally exposing oneself to
another, or otherwise exposing
oneself knowing that he or she is
likely to be observed by another.
J305Refusing to RegisterRefusing to register as a sex
offender as prescribed by law.
J306Lewd ConductEngaging in lewd conduct or
gestures in the presence of another.
SECTION J4: ESCAPE
J401EscapeLeaving the grounds of a
Commission facility without
authorization.
SECTION J5: RIOTING AND GROUP DEMONSTRATIONS
J501RiotingParticipating 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.
J502Encouraging Others toEngaging in behavior, verbal or
Riototherwise, that directly leads to
rioting by others, or that
encourages a riot already in
progress.
J503Group DemonstrationParticipating 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
J601WeaponsPossession 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.
J602Prohibited EquipmentUse 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 related equipment.
J603Prohibited SubstancesPossessing, using, introducing,
and Paraphernaliaor 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
substance.
J604Misuse of MedicationUsing medication provided to the
juvenile by authorized staff in a
manner inconsistent with specific
instructions for use.
J605Distribution ofDistribution or sale of any
Prohibited Substancesprohibited 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.
J606Interference withFailure to comply with an order
Substance Testingto submit a specimen for prohibited
substance testing or tampering with
said specimen.
J607Unauthorized CurrencyPossession of money or currency
not specifically authorized for
retention by juvenile.
J608Possessing UnauthorizedPossession of anything not
Itemsauthorized 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
J701Extortion or BlackmailDemanding 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.
J702BriberyGiving or offering any official
or staff member a bribe.
J703Hostage TakingDetaining another individual(s)
against his or her will or under
threat of violence with the purpose
of forcing demands to be met.
J704Setting a FireIntentionally setting a fire.
J705Fire EquipmentTampering with any fire
equipment, such as, but not limited
to, fire alarms, fire extinguishers,
or sprinklers.
J706AProperty DamageDamaging or altering government
property or property belonging to
another person. Examples: Writing on
clothing, sneakers or furniture.
J706BProperty DestructionDestroying or seriously damaging
government property or property
belonging to another person valued
at more than $ 100.00. Examples:
Intentionally breaking a window,
popping sprinkler head/flooding room
J707StealingUnauthorized taking of property
belonging to the government or to
another individual with the intent
to deprive the rightful owner of
said property.
J708Adulterating Food orContaminating any food or drink
Drinkwith any substance foreign to the
food or drink.
J709Refusing to Obey AnRefusing to follow any order
Orderissued by a staff member.
J710Violating Conditions ofViolating the written and agreed
a Community Programconditions required for
participation in a community
residential program.
J711Refusing MedicalRefusing to submit to any
Testingmandatory medical testing, including
DNA testing.
J712Absence or LatenessUnexcused absence or lateness
from work, school, or from any
assignment.
J713Feigning IllnessPretending to be sick or injured.
J714Abusive or ObsceneUsing abusive or obscene language
Languageto any staff member or official
visitor to the Commission, or
otherwise creating a hostile
environment through the use of such
language.
J715LyingLying or providing a false
statement to a staff member.
J716Counterfeiting orCounterfeiting, forging, or
Forgeryunauthorized reproduction or use of
any classification document, court
document, psychiatric,
psychological, or medical report,
money, or any other official
document.
J717Obtaining PersonalObtaining or seeking to obtain
Informationunauthorized personal information
regarding a victim, victim's family,
staff member, or staff member's
family.
J718AUnauthorized AreaBeing in a permissible area at an
unauthorized time, without proper
advance permission, and/or without
required supervision.
J718BProhibited AreaBeing in any area where juveniles
are never allowed to be.
J719Misuse of MachineryUsing 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).
J720Interfering with CountInterfering with or failing to
stand count.
J721GamblingGambling or possession of
gambling paraphernalia.
J722TattooingTattooing or self-mutilation.
J723Misuse of Mail or PhoneUnauthorized use of the mail or
telephone.
J724Using Mail for UnlawfulPerpetrating frauds, deceptions,
Purposesor con games through the mail, or
otherwise using the mail to further
an illegal activity or enterprise.
J725Refusing a SearchRefusal to submit to an
authorized search.
J726Violation of WrittenFailure to comply with any
Rule or Regulationwritten or otherwise explicitly
stated rule or regulation of any
Commission facility.
J727Unsanitary BehaviorEngaging in behavior that is
potentially hazardous to the health
or hygiene of any person or persons.
J728Contact with PublicEngaging in unauthorized
communication with the public.
J729Security EquipmentTampering 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.
J730Unauthorized ClothingPossessing any clothing not
specifically authorized for
retention by the juvenile.
J731Disrupting Security andEngaging in conduct that disrupts
Order of Facilityor threatens the security, safety,
or orderly operation of any
Commission facility, and that is not
otherwise defined herein as a
distinct rule violation.
J732Refusing ClassificationRefusing to transfer to an
Assignmentassigned Classification Custody
Level assignment.
SECTION J8: GANG RELATED ACTIVITY
J801Gang ActivityParticipating in any activity or
behavior that promotes the interests
of a gang, or that is otherwise
clearly gang-related.
J802Gang ParaphernaliaPossession 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
J901Attempting, Aiding,Attempting to commit, assisting
Planning, Preparinganother 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.

N.J. Admin. Code § 13:101-4.1

Amended by R.2010 d.002, effective 1/4/2010.
See: 41 N.J.R. 2772(a), 42 N.J.R. 74(a).
In SECTION J2, substituted entry "J201A" for entry "J201", and inserted entries "J201B" and "J201C"; in entry J201A of SECTION J2, inserted "on Juvenile" in the Violation column, and substituted "juvenile" for "person" in the Description column; in SECTION J3, inserted entry J306; in SECTION J7, substituted entry "J706A" for entry "J706" and entry "J718A" for entry "J718", and inserted entries "J706B", J718B" and "J732"; in entry J706A of SECTION 7, inserted "Examples: Writing on clothing, sneakers or furniture."; and rewrote entry J718A in SECTION 7.