N.J. Admin. Code § 13:95-19.28

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

Section 13:95-19.28 - Appeal and final disposition

(a) When the correspondence has been withheld in the mail room or when correspondence has been removed from the juvenile's possession, the sender or juvenile may appeal the action of the shift supervisor to the Superintendent within 10 calendar days of the date of notice.

(b) The sender or juvenile shall be permitted to submit documents in writing to the Superintendent that state that the challenged correspondence does not violate the category indicated in the report of the staff member.

(c) The Superintendent or designee, whose title shall not be lower than an Assistant Superintendent or Director of Custody Operations, shall consider the appeal.

(d) The Superintendent or designee shall issue a written decision on the appeal and shall respond to the sender or juvenile, as appropriate, within 72 hours of receipt of the written appeal. If the decision is to withhold the correspondence from the juvenile, the decision shall identify the category of disapproved correspondence set forth in N.J.A.C. 13:95-19.24 that is applicable to the withheld correspondence.

(e) If a correspondence is found to be objectionable only in part and such part is easily separable from the rest of the correspondence, the sender or juvenile, as appropriate, shall be given the choice of whether to allow the secure facility to excise the offending portions or to forfeit the juvenile's right to the correspondence.

N.J. Admin. Code § 13:95-19.28

Amended by R.2011 d.202, effective 8/1/2011.
See: 43 N.J.R. 158(a), 43 N.J.R. 1889(a).
Rewrote (d).