N.J. Admin. Code § 13:91-3.10

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

Section 13:91-3.10 - Opportunity to call witnesses and present evidence

(a) Juveniles shall be allowed to call witnesses and present documentary evidence in support of their challenge to a proposed transfer, unless the hearing officer determines that permitting such witnesses or evidence would pose a threat to the safety of either the juvenile, other juveniles, staff, or to the orderly and safe operation of the facility.

(b) All permitted witnesses and documentary evidence accepted shall be recorded on the Transfer Hearing Form, Form 102.

(c) The hearing officer shall review the evidence offered as reasonably available and necessary for proper understanding of the circumstances surrounding the proposed transfer, and shall have 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. "Repetitive witnesses" are not intended to refer to the calling of a witness who previously provided written documentary evidence. Unavailable witnesses may be asked to submit written statements. If the hearing officer refuses to permit one or more witnesses or accept any evidence, the reasons for each such refusal shall be documented on the Transfer Hearing Form, Form 102.

(d) The hearing officer, the juvenile, and the juveniles representative may question witnesses called at the request of the juvenile. The juvenile or the juveniles representative may request that specific questions be directed by the hearing officer to a witness. The hearing officer may take testimony in any manner or form necessary to protect facility safety. Such manner or form shall include, but shall not be limited to, the consideration of confidential reports.

1. If confidential reports are considered and relied upon by the hearing officer, a non-confidential summary must be provided to the juvenile and the Ombudsman and attached to the Transfer Hearing Form, Form 102.

N.J. Admin. Code § 13:91-3.10

Adopted by 46 N.J.R. 1896(b), effective 9/2/2014.