N.J. Admin. Code § 13:101-7.4

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

Section 13:101-7.4 - Investigation of appeal

(a) The Superintendent or his or her designee may order an independent investigation of the charge and proceedings of the disciplinary hearing in those instances in which the juvenile's appeal and information furnished after the initial disciplinary hearing appear to warrant such action.

(b) The Superintendent or his or her designee shall have the option to request a total or partial reinvestigation of the charge or proceedings of the hearing. The reinvestigation may be conducted by any person or unit designated by the Superintendent or his or her designee, provided, however, that the individual shall have had no contact with the issuance of the first investigation of the charge.

(c) The reinvestigation may include any of the components of the original investigation such as re-interviewing witnesses, juveniles and custody staff, reevaluating reports and reexamining evidence.

(d) On the basis of new evidence, the Superintendent or his or her designee may also request a polygraph examination as part of the reinvestigation. A juvenile under the age of 18 who consents to take a polygraph examination shall take the examination only with the express written consent of his or her parent or guardian, or if there is an appropriately executed court order. All other factors relating to administering polygraph examinations to juveniles shall be handled in the same manner as to an adult inmate (See N.J.A.C. 10A:3-7). Pursuant to 2C:40A-1, no employee may be forced to consent to a polygraph examination as a prerequisite to employment or as a condition of retaining employment.

(e) In reviewing an appeal, the following factors shall be considered:

1. Compliance with the subchapters on juvenile discipline which prescribe procedural safeguards (see N.J.A.C. 13:101-6);

2. Whether the decision of the Disciplinary Hearing Officer was based upon substantial evidence;

3. Whether the sanction imposed was proportionate to the offense in view of the juvenile's recent disciplinary history and present custody status;

4. Whether the juvenile has a history or presence of mental illness; and

5. Whether extenuating circumstances were considered.

N.J. Admin. Code § 13:101-7.4

Amended by R.2008 d.354, effective 12/1/2008.
See: 40 N.J.R. 98(a), 40 N.J.R. 6817(a).
In the introductory paragraph of (e), inserted a comma following "appeal"; and in (e)2, substituted "Disciplinary Hearing Officer" for "Treatment Team".