N.J. Admin. Code § 13:103-12.3

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

Section 13:103-12.3 - Disposal of contraband personal property seized within a community program

(a) When contraband seized within a community program results in a disciplinary charge under N.J.A.C. 13:101-4 and removal of a juvenile, appropriate disciplinary reports shall be written and issued pursuant to 13:103-12.8 and 13:101-4.3.

(b) The staff member making the seizure shall give the juvenile an itemized, signed, and dated receipt (Form CP171-II) for the property seized and shall notify the juvenile that such items are contraband and that the juvenile has the right to appeal the classification of any or all items as contraband.

1. If the officials responsible for hearing charges determine that any or all items are not contraband, or if the Superintendent or designee, on appeal, determines that an item is not contraband it shall be returned to the juvenile.

2. If the officials responsible for hearing charges determine that any or all items are contraband, the contraband shall be retained and shall not be disposed of until all appeal proceedings, including any appeal to the Superior Court of New Jersey, Appellate Division, where appropriate, are exhausted. Otherwise, the juvenile shall be given two business days following receipt of the decision of the officials responsible for hearing charges, or the decision of the Superintendent or designee if the disciplinary decision is appealed, to indicate to the Office of Investigations or Center Control which of the following means shall be used to dispose of the contraband. The contraband shall be:

i. Mailed to a designated relative or friend of the juvenile at the juvenile's expense;

ii. Given to a visitor for disposal;

iii. Donated by the juvenile to a charitable organization at the juvenile's expense; or

iv. Destroyed at the juvenile's request.

3. Where the juvenile fails to indicate the desired disposition, the property shall be disposed of at the option of the Superintendent or designee.

4. If the juvenile has no family and no visitors, special arrangements to store property at the facility in which the juvenile is housed may be approved on a case-by-case basis by the Superintendent or designee.

N.J. Admin. Code § 13:103-12.3