N.J. Admin. Code § 13:96-1.2

Current through Register Vol. 56, No. 11, June 3, 2024
Section 13:96-1.2 - Definitions

The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise:

"Assistant Director of Juvenile Parole and Transitional Services" means the Assistant Director of the Commission's Office of Juvenile Parole and Transitional Services.

"Assistant District Parole Supervisor, Juvenile Justice" means the Assistant District Parole Supervisor who supervises juvenile parole officers within the Office of Juvenile Parole and Transitional Services.

"Behavioral rating" means the rating assigned to a juvenile (A, B, C) based on a standardized, multidisciplinary assessment of the juvenile's behavior, interaction with peers and staff, and efforts to participate in rehabilitative programming.

"Board" means the New Jersey State Parole Board.

"Category 1 juvenile" means the classification status for a juvenile who, pursuant to N.J.S.A. 30:4-27.1et seq., due to offense record or mental health concerns, shall be referred for a prerelease evaluation to determine whether involuntary civil commitment is appropriate.

"Central Communications Unit" means the centralized communication center within the New Jersey Department of Corrections which coordinates certain functions of the Commission's Office of Juvenile Parole and Transitional Services on a 24 hour, seven days a week basis.

"Certified parole date" or "CPD" means the release date determined by the Panel.

"Chairman" means the Chairman of the New Jersey State Parole Board.

"Chemical agent" means an aerosol spray that may be used to gain control of individuals who resist arrest or for the purpose of self-defense against an attack.

"Classification Manager" means the Manager of the Commission's Office of Central Classification, Intake and Release.

"Commission" means the New Jersey Juvenile Justice Commission.

"Conditions of parole" means conditions of parole and of post-incarceration supervision, as follows:

1. The general conditions set forth at N.J.A.C. 13:96-3.2;

2. Special conditions as developed by JP&TS, approved by the committee, and subject to review and approval of the Panel prior to release from custody; and

3. Special conditions imposed by JP&TS and subject to final approval by the Panel while a juvenile is on parole or post-incarceration supervision under the provisions of N.J.A.C. 13:96-3.2(c) and 3.3 (b).

"Custody level" means the numerical classification status (for example, level 1, 2, 3) assigned to a juvenile, determined using an objective scoring system, and reflecting the degree of supervision provided by the facilities housing juveniles within that custody level, from least (1) to most (3).

"Deadly force" means force that is intended to cause, or is likely to cause, death or serious bodily harm.

"Deputy Executive Director" means the Deputy Executive Director of the Commission.

"Director of Juvenile Parole and Transitional Services" or "Director" means the Director of the Commission's Office of Juvenile Parole and Transitional Services (JP&TS) responsible for the supervision of juvenile parole officers employed by the Commission's Office of Juvenile Parole and Transitional Services.

"Director of Operations" means the Commission staff member, by whatever name or title, charged with oversight and management responsibilities for the overall operation and supervision of the Commission's secure facilities.

"Executive Director" means the Executive Director of the Commission.

"Facility" means a facility of the Commission used to house, train or educate juveniles; it does not refer to the central or other administrative or operational offices of the Commission.

"Hearing officer" means the Commission's impartial attorney, licensed in New Jersey, who conducts parole revocation hearings pursuant to N.J.A.C. 13:96-4.5(a).

"Initial projected parole date" or "IPPD" means the date representing two-thirds of a juvenile's term, minus jail credits or other credits earned while in a county juvenile detention facility or county jail.

"Juvenile" means an individual who has been adjudicated delinquent and sentenced to a term of incarceration to be served under the custody of the Commission. For the purpose of this chapter, "juvenile" shall only refer to those individuals residing in a Commission facility.

"Juvenile parolee" means an adjudicated delinquent who has been released on parole and/or postincarceration supervision, or any individual released from a juvenile facility in another state and who resides in New Jersey, under the terms of the Interstate Compact for Juveniles. For the purposes of this chapter, juvenile parolee includes any individual, regardless of age, who is completing a term of parole or post-incarceration supervision pursuant to an adjudication of delinquency.

"Juvenile parole officer" means sworn peace officers employed by the Commission with the following titles:

1. Assistant District Parole Supervisor, Juvenile Justice;

2. Senior Parole Officer, Juvenile Justice;

3. Senior Parole Officer, Juvenile Justice, Bilingual in Spanish/English;

4. Parole Officer Recruit, Juvenile Justice; and

5. Parole Officer Recruit, Juvenile Justice, Bilingual in Spanish/English.

"Max date" means the date on which a juvenile's judicially determined term of commitment has been satisfied, which includes time in custody and time on parole, but does not include any time on postincarceration supervision.

"Mechanical restraints" means restraining devices such as, but not limited to, handcuffs, flex cuffs, leg irons and belly chains.

"Non-deadly force" means force which is not likely to cause death or serious bodily harm.

"Office of Juvenile Parole and Transitional Services" means the office within the Commission that is charged with the preparation for release and supervision of juvenile parolees, including those from other states who have been accepted under the terms of the Interstate Compact for Juveniles, the implementation of conditions of parole, and the initiation of parole revocation.

"Panel" means the panel established pursuant to N.J.S.A. 2A:4A-44.b(2) and comprised of at least two members from the Commission designated by the Executive Director and one member from the Board designated by its Chairman.

"Panel Chair" is a member of the Panel assigned by the Executive Director to oversee the Panel's functions.

"Panel on-call" means a Panel member, or his or her designee, assigned by the Executive Director, to be available to receive notice of a juvenile's arrest on a parole violation, as provided for at N.J.A.C. 13:96-4.4(a).

"Police Training Commission" or "PTC" means the agency established in the Department of Law and Public Safety by the provisions of N.J.S.A. 52:17B-70et seq., to, among other things, review and approve the development of an educational and training curriculum, including firearms instruction, for law enforcement officers.

"Post-incarceration supervision" or "PI supervision" means a term of supervision determined to be necessary to effectuate the juvenile's rehabilitation and reintegration into society, which commences upon release from incarceration or parole, whichever is later.

"Projected parole date" or "PPD" means the date, calculated on any given day, that the juvenile is expected to be released, after accounting for days subtracted from, or added to, the IPPD or SPPD, and assuming the juvenile's custody level and behavioral rating remain the same.

"Regional supervisor" means the supervisor of the Regional Office of Juvenile Parole and Transitional Services.

"Review committee" or "the committee" means the internal Commission committee or committees established pursuant to N.J.A.C. 13:96-2.2.

"Revocation hearing" is the administrative hearing process to determine if a juvenile parolee alleged to have seriously or persistently violated conditions of parole shall be returned to custody within a Commission facility or shall be continued on parole under JP&TS supervision.

"Secure facility" means any Commission facility that houses juveniles and employs custody personnel (N.J.S.A. 52:17B-174) to provide security.

"Subsequent projected parole date" or "SPPD" means the date representing two-thirds of a juvenile's remaining term when the resident has been returned to custody for violating conditions of parole supervision.

N.J. Admin. Code § 13:96-1.2

Amended by R.2006 d.50, effective 2/6/2006.
See: 37 N.J.R. 3606(a), 38 N.J.R. 1047(a).
Rewrote definitions "Assistant Director of Aftercare and Parole Services," "Assistant District Parole Supervisor, Juvenile Justice," "Central Communications Unit," "Chemical agent," "Deadly force," "Deputy Executive Director," "Director of Aftercare and Parole Services," "Director of Operations," "Executive Director," "Juvenile," "Juvenile parolee," "Juvenile Parole Officer," "Office of Aftercare and Parole Services" and "Regional Aftercare and Parole Services Supervisor"; added definitions "Board" and "Facility"; deleted definition "Internal Affairs Unit."
Amended by R.2012 d.097, effective 5/21/2012.
See: 43 N.J.R. 3125(a), 44 N.J.R. 1618(b).
Added definitions "Judicial restriction date" and "Parole contract agreement".
Amended by R.2014 d.138, effective 9/2/2014.
See: 45 N.J.R. 1945(a), 46 N.J.R. 1902(a).
Rewrote definitions "Judicial restriction date" and "Parole contract agreement".
Amended by R.2021 d.145, effective 12/20/2021.
See: 52 N.J.R. 2167(a), 53 N.J.R. 2231(a).
Rewrote the section.