N.J. Admin. Code § 13:101-6.3

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

Section 13:101-6.3 - Use immunity

(a) In all cases, the juvenile shall be advised of his or her right to use immunity at any investigative interview and at the disciplinary hearing. This warning shall consist of a statement that any statements made in connection with the disciplinary hearing or any evidence derived directly or indirectly from those statements shall not be used in any subsequent criminal or delinquency proceeding. The failure to give this warning by the investigating staff member shall not be grounds for dismissing the disciplinary report. The Disciplinary Hearing Officer at his or her discretion may grant a postponement if it is determined that such failure has precluded the juvenile from adequately preparing his or her defense at the hearing.

(b) A juvenile's failure to invoke use immunity and make a statement in his or her defense may be considered by the Disciplinary Hearing Officer together with the other evidence in decision making.

(c) Charges shall not be sustained at a disciplinary hearing, however, solely upon a juvenile's silence.

N.J. Admin. Code § 13:101-6.3

Amended by R.2008 d.354, effective 12/1/2008.
See: 40 N.J.R. 98(a), 40 N.J.R. 6817(a).
In (a) and (b), substituted "Disciplinary Hearing Officer" for "Treatment Team"; and in (a), substituted "his or her" for "its".