N.J. Admin. Code § 13:101-5.2

Current through Register Vol. 56, No. 24, December 18, 2024

Section 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. Sustain the violation of a disciplinary rule 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 Disciplinary Hearing Officer for a disciplinary hearing in accordance with N.J.A.C. 13:101-5.6; or

3. Determine that there is no cause for action and dismiss the charge.

(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 charges are sustained, the remaining copy of the form shall be submitted to the Superintendent who shall determine where the form shall be maintained. If the charges are not sustained, 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 such discipline.

N.J. Admin. Code § 13:101-5.2

Amended by R.2008 d.354, effective 12/1/2008.
See: 40 N.J.R. 98(a), 40 N.J.R. 6817(a).
In (c)2, substituted "Disciplinary Hearing Officer for a disciplinary hearing" for "Treatment Team".