N.J. Admin. Code § 13:92-7.4

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

Section 13:92-7.4 - Room restriction

(a) Room restriction shall be used as a last resort only after other less restrictive measures have failed.

(b) A juvenile shall be placed on room restriction only if the juvenile's behavior poses an immediate and substantial physical threat to himself or herself and/or others or to the security of the facility. Room restriction shall not be used for punitive purposes, but rather to gain control of an acting-out juvenile and ensure the security and safety of the facility, staff, and other juveniles.

(c) No juvenile shall be placed on room restriction without the approval of the administrator of the detention facility or his or her designee.

(d) A juvenile may be subject to room restriction only for the minimum time required to address the safety risk and for a period that does not compromise the mental and physical health of the juvenile, but in no case shall a juvenile be held in room restriction for more than eight consecutive waking hours without being released for at least two hours of recreation and exercise. These programs and/or activities may be engaged in separately or with the general population, at the discretion of the facility administrator or his or her designee. Each instance of a juvenile being released for his or her recreation as required in this subsection shall be documented and available for review.

(e) While executing the requirements of (d) above, if the facility administrator or designee determines that a juvenile's behavior poses an immediate and substantial physical threat to others or to the security of the facility or for other reasons that do not allow for the provisions of (d) above to be safely carried out, the reason for this determination must be fully documented on a separate form for this purpose and be available for review.

(f) A juvenile who is 15 years of age or younger shall not be subject to room restriction for more than two consecutive days. A juvenile who is 16 years of age or older, but younger than 18 years of age, shall not be subject to room restriction for more than three consecutive days. A juvenile who is 18 years of age or older shall not be subject to room restriction for more than five consecutive days. No juvenile shall be subject to room restriction for more than 10 total days in a 30-day period.

(g) No juvenile shall be placed on room restriction for a pre-determined amount of time, for example, 24 hours, three days, etc.

(h) A juvenile placed on room restriction shall be reassessed, at a minimum, every two hours by the administrator of the detention facility or his or her designee, to determine whether continued restriction is necessary. If the administrator or his or her designee determines that continued restriction is necessary, the reason shall be documented and available for review.

(i) Juveniles subject to room restriction shall continue to receive health, mental health, and educational services. If a mental health problem is suspected, a mental health professional shall be consulted immediately.

(j) Upon room restriction, the juvenile's name and all relevant information pertaining to each use of room restriction, as provided for in N.J.A.C. 13:92-6.5, shall be available to the Commission through the system developed by the Commission for this purpose. This information shall be entered into this system prior to the end of the shift on which the restriction occurred. In addition, all aggregate data pertaining to the use of room restriction including the dates and duration of each occurrence, the reason for placement in room restriction, and the race, age, and gender of the juvenile shall be made available for public inspection pursuant to N.J.S.A. 47:1A-1et seq., commonly known as the Open Public Records Act.

(k) When a juvenile is placed on room restriction, the following procedures shall apply:

1. As a precaution, any potentially dangerous item on the juvenile or in the quarters shall be removed to prevent acts of self-inflicted harm.

2. During the period of room restriction the juvenile shall be checked at least every 15 minutes, including during regular sleeping hours, by the staff assigned to the unit and the juvenile's condition noted. The staff is to be alert at all times for indications of destructive behavior on the part of the juvenile, either self-directed or toward the juvenile's surroundings.

3. In all situations requiring a juvenile's separation from the group and placement on room restriction, an incident report shall be processed and filed with the administration by the end of the shift. The report shall outline in detail the presenting circumstances and a copy shall be kept in the juvenile's individual case folder and a central incident report file.

4. If the juvenile is on room restriction through a change of shifts, the relieving supervisor shall check the juvenile and the room prior to assuming his or her post and assure that the conditions set forth in these rules are being met. Under no circumstances shall a juvenile remain on room restriction when there is not sufficient personnel available to provide the supervision required by (k)2 above.

5. Room restriction procedures shall include a means for the juvenile to communicate with staff at all times.

6. There is to be no reduction in food or calorie intake while a juvenile is on room restriction.

7. The restricted juvenile shall have access to bathroom facilities, including a toilet and washbasin.

8. The room in which the juvenile is restricted shall be maintained in accordance with temperatures at 13:92-4.3(e).

N.J. Admin. Code § 13:92-7.4

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