N.J. Admin. Code § 13:94-2.4

Current through Register Vol. 56, No. 11, June 3, 2024

Section 13:94-2.4 - Exceptions for extraordinary circumstances

(a) In the event of an extraordinary circumstance, the highest-ranking facility staff member on duty may determine that a juvenile should be held in conditions that deviate from the restrictions otherwise imposed by this chapter.

1. Any such deviation shall be only to the extent and duration as is required to address the specific extraordinary circumstance.

(b) Each determination made under (a) above shall be explained in a written report that describes the facts upon which the determination was based, the deviations from restrictions otherwise imposed by this chapter, the duration of such deviations, and why the deviations were necessary to address the extraordinary circumstance.

1. The report shall be prepared and signed by the highest ranking person who made or approved the determination, within eight hours of the determination it covers, and shall be maintained on file as part of the juvenile admissions log required by 13:94-2.6.

(c) For the purpose of this section, an extraordinary circumstance is one in which a deviation from restrictions otherwise imposed by this chapter is:

1. Necessary for the safety and security of either the juvenile or others, including facility staff and the public; or

2. Necessary for the safe and secure operation of the facility.

N.J. Admin. Code § 13:94-2.4