N.J. Admin. Code § 13:101-6.4

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

Section 13:101-6.4 - Investigation

(a) An investigation of the violation shall be conducted by the facility at which the hearing will be held within 24 hours of the time the Notice of Violation is served upon the juvenile.

(b) The Superintendent shall appoint a custody staff member of supervisory level who shall conduct investigations of all violations.

(c) Whenever a juvenile is under special observation status, the investigator shall advise the facility's Superintendent who shall refer the juvenile for a psychiatric and/or psychological evaluation. In all other cases, the investigator may request that the facility's Superintendent refer the juvenile for a psychiatric and/or psychological evaluation. The Superintendent shall determine the need to obtain a psychological and/or psychiatric evaluation based upon the nature of the violation and all other relevant information.

1. In those cases where a psychological and/or psychiatric evaluation is necessary, the Superintendent shall forward a written request for evaluation to the facility's lead psychologist.

2. Upon completion and receipt of the evaluation report, the Disciplinary Hearing Officer shall consider the information provided in the evaluation report along with any other information gathered during the investigation.

(d) The investigator shall thoroughly investigate the incident. As part of this investigation, the investigator shall verify that the juvenile has received the Notice of Violation. The investigator shall also read the charge to the juvenile, inform the juvenile of the juvenile's use immunity rights, take the juvenile's plea, and ask if the juvenile wishes to make a statement concerning the incident. The investigator shall take the juvenile's statement concerning the incident. The investigator may talk to witnesses and the reporting staff member and summarize their statements as may be necessary. Comments about the juvenile's attitude may be included in the investigatory report.

(e) The juvenile may submit to the investigator a written request for juvenile witnesses. Written requests shall be attached to the record in the case.

(f) The investigator may include comments and conclusions on the juvenile's prior record and behavior, the investigator's analysis of any conflicts between witnesses, and the investigator's conclusions of what in fact happened. The juvenile shall not receive a copy of the investigation.

(g) The juvenile may obtain a copy of juvenile witness statements, provided that the Commission finds that such a disclosure would not compromise facility safety and security.

N.J. Admin. Code § 13:101-6.4

Amended by R.2008 d.354, effective 12/1/2008.
See: 40 N.J.R. 98(a), 40 N.J.R. 6817(a).
In (c)2, substituted "Disciplinary Hearing Officer" for "Treatment Team".