N.J. Admin. Code § 13:92-7.3

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

Section 13:92-7.3 - Behavior management

(a) Each detention facility shall establish a system of behavior management for the purpose of helping the juvenile conform to established standards of behavior and the rules and regulations of the facility.

(b) The behavior management system shall be designed to provide incentives for positive behavior and afford proportional measures of accountability for negative behavior.

1. Incentives for positive behavior may include, but not be limited to, such privileges as:

i. Special visits;

ii. Extra phone calls;

iii. Movies;

iv. Music; or

v. Special events.

2. Incentives shall not include any program, service, or physical amenity required by these rules or Federal, State, or local laws, rules, regulations or ordinances.

(c) The behavior management system shall provide written guidelines and parameters that are readily definable and easily understood by residents and staff.

(d) A verbal and written explanation of the behavior management system shall be provided to all residents as part of the formal orientation conducted by facility staff in accordance with 13:92-5.3(a)5.

(e) Disciplinary sanctions shall be objectively administered and proportionate to the gravity of the rule and the severity of the violation.

(f) The following disciplinary measures shall be prohibited:

1. The use of corporal punishment by any members of the staff. If any staff member is found to have utilized corporal punishment, this action can constitute grounds for dismissal. In addition, in accordance with N.J.S.A. 9:6-8.1 0, the incident shall be reported immediately to DYFS.

i. Corporal punishment does not include the right of staff to protect themselves or others from attack, nor does it include the exercise of appropriate physical restraint as may be necessary to protect a juvenile from harming himself, herself, or others;

ii. Physical contact between staff and detained juveniles, either through acts of self-defense or the use of force to protect a juvenile from harming himself, herself or others, shall be immediately reported in writing to the administrator of the detention facility. A copy of the written report shall be maintained in the juvenile's file;

2. Placement in a dark cell-like environment or forcing a juvenile to perform any cruel or degrading acts;

3. Any act or lack of care that injures or significantly impairs the health of any juvenile, or is degrading or humiliating in any way;

4. Delegation of the staff's authority for administering discipline and privileges to the juveniles;

5. The deprivation of a juvenile's meals, regular evening snacks, mail privileges, court appearances or regular family visits; and

6. The use of any mechanical restraint as a punishment.

N.J. Admin. Code § 13:92-7.3

Amended by R.1995 d.293, effective 6/5/1995.
See: 27 N.J.R. 1101(a), 27 N.J.R. 2221(a).
Amended by R.2000 d.189, effective 5/1/2000.
See: 32 N.J.R. 651(a), 32 N.J.R. 1627(a).
Rewrote the section.
Petition for Rulemaking.
See: 45 N.J.R. 1971(b), 2277(a).
Petition for Rulemaking.
See: 46 N.J.R. 144(b), 563(b).