N.J. Admin. Code § 13:95-6.3

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

Section 13:95-6.3 - Disposal of contraband personal property seized within a secure facility

(a) When contraband is seized within a secure facility, appropriate disciplinary reports shall be written and issued pursuant to 13:95-6.7.

(b) The staff member making the seizure shall give the juvenile an itemized, signed and dated receipt (Form J171-II) for the property seized and shall notify the juvenile that such items are contraband and that the juvenile has the right to appeal the classification of any or all items as contraband through the disciplinary process.

1. If the Disciplinary Hearing Officer determines that any or all items are not contraband or if the Superintendent or designee, on appeal, determines that an item is not contraband, it shall be returned to the juvenile.

2. If the Disciplinary Hearing Officer determines that any or all items are contraband, the contraband shall be retained and shall not be disposed of until all appeal proceedings, including any appeal to the Superior Court of New Jersey, Appellate Division where appropriate, are exhausted. Otherwise, the juvenile shall be given two business days following receipt of the Disciplinary Hearing Officer's decision, or the decision of the Superintendent or designee if the disciplinary decision is appealed, to indicate to the Office of Investigations or Center Control which of the following means shall be used to dispose of the contraband. The contraband shall be:

i. Mailed to a designated relative or friend of the juvenile at the juvenile's expense;

ii. Donated by the juvenile to a charitable organization at the juvenile's expense; or

iii. Destroyed at the juvenile's request.

3. Where the juvenile fails to indicate the desired disposition, the property shall be disposed of at the option of the Superintendent or designee.

4. For verifiable cases of juveniles who have no family and no visitors, special arrangements to store property at the facility in which the juvenile is housed may be approved on a case-by-case basis by the Superintendent or designee.

N.J. Admin. Code § 13:95-6.3

Administrative correction.
See: 40 N.J.R. 6822(b).
Amended by R.2011 d.202, effective 8/1/2011.
See: 43 N.J.R. 158(a), 43 N.J.R. 1889(a).
In the introductory paragraph of (b)2, inserted "Superior Court of New Jersey," and deleted "of the New Jersey Superior Court" following "Appellate Division".