N.J. Admin. Code § 13:101-6.10

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

Section 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 Disciplinary Hearing Officer to ensure that the juvenile has been given every opportunity to be present for his or her disciplinary hearing:

1. The escorting staff member shall report the juvenile's refusal to appear before the Disciplinary Hearing Officer.

2. A staff member shall deliver to the juvenile who refuses to appear a Refusal to Attend Hearing Notice that includes the following statement: "I voluntarily refuse to appear at this hearing. I understand that the hearing will be held in my absence."

3. The staff member shall advise the juvenile that refusal to appear at the disciplinary hearing may result in an incomplete understanding by the Disciplinary Hearing Officer 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 Disciplinary Hearing Officer 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 Disciplinary Hearing Officer 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."

N.J. Admin. Code § 13:101-6.10

Amended by R.2008 d.354, effective 12/1/2008.
See: 40 N.J.R. 98(a), 40 N.J.R. 6817(a).
In the introductory paragraph of (b) and in (b)1, (b)3 and (b)5, substituted "Disciplinary Hearing Officer" for "Treatment Team"; and in (b)4, substituted "Disciplinary Hearing Officer" for "Treatment Team Chairperson".