N.J. Admin. Code § 13:103-14.6

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

Section 13:103-14.6 - Tier 2 procedures; disciplinary conference

(a) A juvenile subject to Tier 2 discipline shall be afforded the right to challenge the violation and/or the proposed disciplinary sanction via an internal disciplinary conference held by the Superintendent or designee. The Superintendent or designee shall hold the conference as soon as is practical, but no later than during the weekday following the shift during which the incident occurred.

1. A discipline conference shall be attended by:

i. The Superintendent, or designee;

ii. The Shift Coordinator or youth worker designated by the Superintendent;

iii. A representative of either social or mental health services; and

iv. Such other personnel as are deemed appropriate by the Superintendent or designee.

(b) A discipline conference may be held, at the discretion of the Superintendent or designee, if the juvenile waives or forfeits his or her right to the conference. A juvenile may be deemed to have forfeited his or her right to a conference, or the right to attend the conference, if the juvenile's behavior is sufficiently disruptive so as to require his or her removal from the conference.

(c) Following the disciplinary conference, or following an independent review of the case upon waiver or forfeiture, as applicable, the Superintendent or designee shall:

1. Affirm or modify the charge or charges for which the juvenile is found culpable;

2. Affirm or modify a disciplinary sanction or sanctions;

3. In the case of a committed juvenile, refer the juvenile for removal under the provisions of 13:103-14.3(b); or

4. Determine that there is no cause for formal action and either dismiss the charge or refer the matter for therapeutic intervention.

(d) The Superintendent or designee shall direct that the results of the conference, or independent review if no conference is held, be recorded on the RCH Discipline Form and that a copy of the completed RCH Discipline Form be delivered to the juvenile.

1. At a minimum, the results of the conference or independent review shall contain the following information:

i. A description of the charge or charges determined to have been committed by the juvenile, and explain the reasons for any disagreement with charges as originally identified in the RCH Discipline Form;

ii. A description of the facts relied upon to support the finding that the juvenile committed the charge or charges;

iii. An explanation of the facts of any waiver or forfeiture of a right to a conference or right to attend a conference, as provided for in (b) above;

iv. A summarization of any statements made by the juvenile and witnesses at the conference; and

v. The identity of witnesses to the underlying events.

(e) The right afforded to the juvenile to appear at the conference shall be the final right of appeal or review of such discipline.

N.J. Admin. Code § 13:103-14.6