N.J. Admin. Code § 13:101-6.12

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

Section 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 Disciplinary Hearing Officer shall review the evidence offered as reasonably available and necessary for proper understanding of the circumstances surrounding the charge. The Disciplinary Hearing Officer 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 Disciplinary Hearing Officer 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 the Disciplinary Hearing Officer and the juvenile, the staff member or counsel substitute. Juveniles or their representatives may request that certain questions be directed by the Disciplinary Hearing Officer to any witness. The Disciplinary Hearing Officer 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.

Amended by R.2008 d.354, effective 12/1/2008.
See: 40 N.J.R. 98(a), 40 N.J.R. 6817(a).
Substituted "Disciplinary Hearing Officer" for "Treatment Team" throughout; and in (b), substituted "the Disciplinary Hearing Officer" for "members of the Treatment Team", "Disciplinary Hearing Officer" for "Treatment Team members" and inserted a comma following "form".