N.J. Admin. Code § 13:91-3.9

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

Section 13:91-3.9 - In absentia hearings

(a) A full in absentia hearing shall be conducted if the juvenile refuses to appear at the transfer hearing.

(b) The following procedures shall apply at all transfer hearings conducted in absentia that will enable the hearing officer to ensure that the juvenile has been given every opportunity to be present for the hearing.

1. The escorting staff member shall report the juveniles refusal to appear before the hearing officer.

2. A staff member shall deliver to the juvenile who refuses to appear a Refusal to Attend Hearing Notice that includes the following statement: "I voluntarily refuse to appear at this hearing. I understand that the hearing will be held in my absence."

3. The staff member shall advise the juvenile that the refusal to appear at the transfer hearing may result in an incomplete understanding by the hearing officer of the circumstances surrounding the proposed transfer. If the juvenile still refuses to appear at the transfer hearing, the juvenile shall be requested to sign a Refusal to Attend Hearing Notice immediately after the statement noted in (b)2 above.

4. In the event the juvenile refuses to sign his or her name where designated on the Refusal to Attend Hearing Notice and still refuses to appear, the notice shall be returned to the hearing officer and the following statement on the notice shall be acknowledged by the signature of the escorting staff member:

"Juvenile refuses to sign _______________________________ ."

Signature of Staff Member, Date

5. The refusal of a juvenile to attend a transfer hearing should be noted on the Transfer Hearing Form, Form 102, and the completed Refusal to Attend Hearing Notice shall be forwarded to the hearing officer and attached to the Transfer Hearing Form, Form 102.

N.J. Admin. Code § 13:91-3.9

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