N.J. Admin. Code § 13:101-6.21

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

Section 13:101-6.21 - Disciplinary decision

(a) After the hearing has been completed, written fact-findings shall be given to the juvenile by the Disciplinary Hearing Officer. This statement shall include evidence relied upon, the decision and the reason for the disciplinary action taken, unless doing so would, in the discretion of the Disciplinary Hearing Officer, jeopardize facility security. The written statement shall also indicate the reason for refusing to call a witness or to disclose items of evidence whether it be for irrelevance, lack of necessity or other special circumstances presented in individual cases. When a juvenile has been denied the opportunity for confrontation and cross-examination, the reason for such denial shall be entered in the record and made available to the juvenile.

(b) A copy of the disciplinary decision shall be kept in the Disciplinary Hearing Officer's records and in the juvenile's classification folder unless the charge(s) against the juvenile has not been sustained in which case, the records of the charge(s) shall be expunged from the juvenile's classification folder.

(c) If the charges against the juvenile are sustained, the decision shall be entered on the juvenile's progress notes and included in reports submitted to the New Jersey State Parole Board.

N.J. Admin. Code § 13:101-6.21

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), substituted "Disciplinary Hearing Officer" for "Treatment Team" twice; and in (b), substituted "Disciplinary Hearing Officer's" for "Treatment Team's".