N.J. Admin. Code § 13:101-6.20

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:101-6.20 - Transfers

(a) A juvenile in either a non-secure facility or in any other facility without an assigned Disciplinary Hearing Officer, who is charged with a violation, other than one handled by immediate corrective action, shall be transferred to a secure facility with an assigned Disciplinary Hearing Officer 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 juvenile.

(d) The receiving facility shall be responsible for conducting the investigation of the charges.

(e) The Disciplinary Hearing Officer 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 live testimony.

(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.

N.J. Admin. Code § 13:101-6.20

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