N.J. Admin. Code § 13:92-1.2

Current through Register Vol. 56, No. 21, November 4, 2024
Section 13:92-1.2 - Definitions

The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise.

"Child care worker" means staff who provide direct supervision of juveniles during their daily activities for the purpose of ensuring their safety and security. Child care staff shall include, but is not limited to, juvenile detention officers, youth aides and youth workers.

"Commission" means the New Jersey Juvenile Justice Commission.

"Delinquency" means the commission of an act by a juvenile which, if committed by an adult, would constitute:

1. A crime;

2. A disorderly persons offense or petty disorderly persons offense; or

3. A violation of any other penal statute, ordinance, or regulation. But, the commission of: an act which constitutes a violation of chapter 3, 4, 6 or 8 of Title 39 of the Revised Statutes by a juvenile of any age; an act relating to the ownership or operation of a motorized bicycle which constitutes a violation of chapter 3 or 4 of Title 39 of the Revised Statutes by a juvenile of any age; an act which constitutes a violation of article 3 or 6 of chapter 4 of Title 39 of the Revised Statutes pertaining to pedestrians and bicycles, by a juvenile of any age; the commission of an act which constitutes a violation of P.L. 1981, c. 318 (26:3D-1 et seq.), P.L. 1981, c. 319 (26:3D-7 et seq.), P.L. 1981, c. 320 (26:3D-15 et seq.), P.L. 1985, c. 185 (26:3E-7 et seq.), P.L. 1985, c. 186 (26:3D-32 et seq.), 2C:33-13, P.L. 1985, c. 318 (26:3D-38 et seq.), P.L. 1985, c. 381 (26:3D-46 et seq.), or of any amendment or supplement thereof, by a juvenile of any age; an act which constitutes a violation of chapter 7 of Title 12 of the Revised Statutes relating to the regulation and registration of power vessels, by a juvenile of any age or section 2 of P.L. 1987, c. 453 (12:7-61); or an act which constitutes a violation of a municipal ordinance enacted pursuant to section 2 of P.L. 1992, c. 132 (40:48-2.5 2) pertaining to curfew ordinances shall not constitute delinquency as defined in this section.

"Detention" means the temporary care of juveniles in physically restricting facilities pending court disposition. (N.J.S.A. 2A:4A-22c).

"Detention facility" means a facility specified by the Commission, affording secure, short-term custody for delinquent juveniles, or juveniles alleged to be delinquent.

"Fire-resistant" means materials which, due to chemical treatment or inherent properties, do not ignite readily or propagate flaming under small to moderate exposure.

"Gesture" means the act of moving the limbs or body as an expression of thought or emphasis.

"Isolation" means the temporary restriction of a juvenile to his or her sleeping room or isolation room.

"Juvenile" means an individual who is under the age of 18 years. (N.J.S.A. 2A:4A-22a). For purposes of this chapter, juvenile also includes any individual who is properly detained under the law in a juvenile detention facility and has reached the age of 18 years.

"Medication assistance staff" means a senior level child care worker who works in secure detention and has successfully completed the Statewide standardized training program which utilizes the approved State Board of Nursing's Medication Assistance Curriculum, and who is supervised in tasks related to medication assistance in accordance with the provisions of the State Board of Nursing rules at 13:37-6.2.

"New detention facility" means a detention facility which is specified for operation by the Commission after May 1, 2000.

"Recommendation" means a goal which is proposed for attainment but which is not now mandatory.

"Room restriction" means the temporary restriction of a juvenile to his or her sleeping room or other designated room.

"Special daily schedule" means an alternative schedule developed for juveniles whose disruptive behavior warrants restriction from the juvenile population beyond 24 hours. This schedule requires that the restricted juvenile be provided with daily opportunities to engage in program activities, such as education and large muscle exercise, as his or her behavior permits. These program activities may be engaged in separately or with the general population, based on the discretion of the facility administrator or his or her designee. The number of opportunities to engage in daily program activities shall increase as the juvenile's behavior improves.

"Suicide-resistant" means a product which has been designed to significantly reduce the risk of a juvenile using the product in a suicide attempt.

N.J. Admin. Code § 13:92-1.2

Amended by 50 N.J.R. 2241(a), effective 11/5/2018