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Office of Investigations
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LAW AND PUBLIC SAFETY Office of Investigations New Jersey Register Publication Date: May 3, 2004 Proposed Amendments: N.J.A.C. 13:97-1.1, 1.2, 2.6, 2.13, 3.2, 3.5, 3.7 and 3.14 Authorized By: Executive Board of the Juvenile Justice Commission, by the Honorable Peter C. Harvey, Attorney General and Chair; Markus Green, Attorney General's Designee. Authority: N.J.S.A. 52:17B-170e(14) and (22); 52:17B-174; 2C:39-6a(9); and 47:1A-5; Executive Order No. 9 (Gov. Richard J. Hughes, September 30, 1963); and N.J.S.A. 2A:4A-60. Calendar Reference: See Summary below for explanation of exception to calendar requirement. Proposal Number: PRN 2004-182. Submit written comments by July 2, 2004 to: Lynn T. Lucas, Supervisor The agency proposal follows: Summary Since the rules at N.J.A.C. 13:97 were adopted in August 2000 (see 32 N.J.R. 1756(a) and 2920(a)), the New Jersey Juvenile Justice Commission has made several administrative changes resulting in the need to amend the rules at N.J.A.C. 13:97. As an initial matter, the Commission's Internal Affairs Unit has been renamed and is now known as the Office of Investigations. All references to the "Internal Affairs Unit" in the rule have been replaced with the new name of the organizational unit, the "Office of Investigations." In addition, the Commission has added two law enforcement titles to the list of investigators employed in the Office of Investigations who are authorized to exercise law enforcement powers: Chief Investigator, Secured Facilities and Assistant Chief Investigator, Secured Facilities. The Chief Investigator, Secured Facilities manages the Office of Investigations and is responsible for conducting investigations for the Commission at the direction of the Executive Director. That title has replaced the former "Chief Investigator" title which was a non-law enforcement title. The Assistant Chief Investigator, Secured Facilities, is second in command of the Office of Investigations and reports directly to the Chief Investigator, Secured Facilities. The rules are being amended to reflect those changes. For instance, the definition of "Investigator" at N.J.A.C. 13:97-1.2 is being amended to add "Chief Investigator, Secured Facilities" and "Assistant Chief Investigator, Secured Facilities" to the list of investigators subject to these rules. Further, all references to "secure facility satellite unit and Stabilization and Reintegration Program (Boot Camp)" have been replaced by the "Life Skills and Leadership Academy." The Stabilization and Reintegration Program was re-named in September 2003 to more accurately describe the Commission's mission, philosophy and the nature of the Academy's programming. The term "juvenile inmate" has been replaced by the term "committed juvenile." This change is intended to distinguish between "adult inmates" and "juvenile offenders" who have been committed by the Family Court to a term of incarceration under the custody of the New Jersey Juvenile Justice Commission. The Commission's Office of Training has been relocated from its original location in Bordentown, New Jersey, to a new facility in Sea Girt, New Jersey. The new address is set forth at N.J.A.C. 13:97-3.5(g) in order for investigators to correspond with the Office of Training. The proposal is not subject to the calendar requirements of N.J.S.A. 52:14B-3(4) and N.J.A.C. 1:30-3-3(a) because the agency is providing a 60 day comment period. Social Impact There will be no significant social impact as a result of the proposed amendments. Two Commission law enforcement administrator titles have been added to the list of New Jersey Juvenile Justice Commission investigators, increasing the number of law enforcement titles subject to these rules from three to five. Additional amendments are technical in nature. The reference to the term "juvenile inmate" has been changed to "committed juvenile" throughout the chapter in order to more accurately reflect the juvenile offender's legal status. Economic Impact The proposed amendments will not result in any new economic impact because additional funding is not necessary to implement these amendments. The cost of meeting and maintaining the requirements established by these amendments will be met by the Commission through the budgetary process with monies allocated by the State. Federal Standards Statement The proposed amendments are not subject to any Federal standards or requirements. Therefore, a Federal standards analysis is not required. Agriculture Industry Impact The proposed amendments will have no impact on the agriculture industry in New Jersey. Jobs Impact The proposed amendments will not result in an increase or decrease in the number of jobs in New Jersey. Regulatory Flexibility Statement The proposed amendments do not impose reporting, recordkeeping or compliance requirements on small businesses as defined under the Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq. Therefore, a regulatory flexibility is not required. The proposed amendments impact employees of the New Jersey Juvenile Justice Commission and governmental entities responsible for the enforcement of the rules and have no effect on small businesses. Smart Growth Impact The proposed amendments are not anticipated to have an impact on the achievement of smart growth and implementation of the State Development and Redevelopment Plan as defined under Executive Order No. 4(2002). Full text of the proposed amendments follows (additions indicated in boldface thus; deletions indicated in brackets [thus]: CHAPTER 97 13:97-1.1 Purpose and scope 13:97-1.2 Definitions The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise: "Adjudicated juvenile" means a [juvenile inmate] committed juvenile, juvenile parolee or a juvenile probationer as defined in this section. "Assistant Chief Investigator, Secured Facilities" means the Commission employee who is second in command of the Office of Investigations and reports directly to the Chief Investigator. ... "Chief Investigator, Secured Facilities" means the Chief Investigator of the [Internal Affairs Unit] Office of Investigations in the New Jersey Juvenile Justice Commission who heads the office and is responsible for conducting investigations within the Commission at the direction of the Executive Director. ... "Committed juvenile" means an individual who has been adjudicated delinquent and sentenced to a term of incarceration to be served under the custody of the New Jersey Juvenile Justice Commission. For the purpose of this chapter, "committed juvenile" shall only refer to those individuals residing in a New Jersey Juvenile Justice Commission facility. ... ["Internal Affairs Unit" means the unit responsible for conducting investigations within the Commission at the direction of the Executive Director.] "Investigator" means juvenile corrections officers employed in the following titles
utilized by the Commission, who have been sworn as peace officers: ["Juvenile inmate" means an individual who has been adjudicated delinquent and sentenced to a term of incarceration to be served under the custody of the New Jersey Juvenile Justice Commission. For the purpose of this chapter, "juvenile inmate" shall only refer to those individuals residing in a New Jersey Juvenile Justice Commission facility.] ... "Office of Investigations" means the unit responsible for conducting investigations within the Commission at the direction of the Executive Director. ... 13:96-2.6 Deadly force; when justified 13:97-2.13 [Internal Affairs Unit] Office of Investigations procedures 13:97-3.2 Authorized off-duty firearms, ammunition and holsters 13:97-3.5 Firearms training, qualification and requalification 13:97-3.7 Use of force while off duty 13:97-3.14 Procedures Peter C. Harvey By: Markus Green |
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