N.J. Admin. Code § 13:95-19.41

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

Section 13:95-19.41 - Appeal and final disposition

(a) When a publication has been withheld in the mail room or when a publication 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 the notice.

(b) The sender or juvenile shall be permitted to submit arguments, in writing to the Superintendent, that the challenged publication 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 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 respond to the sender or juvenile, as appropriate, within 72 hours of receipt of the written appeal. If the decision is to withhold the publication from the juvenile, the decision shall contain a specific finding that the publication violates the category indicated in the report of the staff member and a notification that the publication is being returned to the sender.

(e) If a publication is found to be objectionable only in part and such part is easily separable from the rest of the publication (such as a magazine article, etc.), the juvenile shall be given the choice of whether to allow the secure facility to excise the offending portion(s) or to forfeit his or her right to the publication.

N.J. Admin. Code § 13:95-19.41