N.J. Admin. Code § 13:95-5.10

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

Section 13:95-5.10 - Testing for prohibited substances

(a) Testing for prohibited substances may be conducted for the purpose of deterring and controlling the introduction of contraband or to detect the presence of any substance not authorized for possession or use by the juvenile.

(b) Juveniles shall be tested:

1. As part of the intake process for either a newly committed juvenile or juvenile parolee returning to secure care on a parole warrant;

2. When the name of the juvenile appears on a computer-generated randomly selected list of names, regardless of how often the name of the juvenile is randomly selected;

3. During the seven-day period prior to a juvenile's release from custody on parole or upon expiration of a maximum sentence;

4. In accordance with drug treatment program requirements;

5. When a custody staff member of the rank of Sergeant or above or an Investigator with the Office of Investigations believes, based upon his or her education and experience, that there is a reasonable factual basis to suspect the juvenile of using or possessing a prohibited substance;

6. Randomly or for cause, when the Superintendent, Assistant Superintendent or the Director of Custody Operations orders all juveniles from a particular housing unit, work detail or other functional unit to be tested;

7. Upon a juvenile's return from any unsupervised temporary release from custody; and

8. When a Disciplinary Hearing Officer orders testing as part of a sanction for a prohibited substance related infraction.

(c) A juvenile's refusal to submit to testing, or failure to comply with an order to submit a specimen, shall subject the juvenile to disciplinary action under the provisions of N.J.A.C. 13:101.

N.J. Admin. Code § 13:95-5.10

Administrative correction.
See: 40 N.J.R. 6822(b).
Amended by R.2011 d.202, effective 8/1/2011.
See: 43 N.J.R. 158(a), 43 N.J.R. 1889(a).
In (b)5, deleted "non-alcoholic" preceding "prohibited".