New Jersey Administrative Code
Title 13 - LAW AND PUBLIC SAFETY
Chapter 91 - TRANSFER OF JUVENILES TO THE DEPARTMENT OF CORRECTIONS
Subchapter 3 - TRANSFER HEARING
Section 13:91-3.12 - Hearing officer recommendation; standard for recommendation and written findings

Universal Citation: NJ Admin Code 13:91-3.12

Current through Register Vol. 56, No. 18, September 16, 2024

(a)At the conclusion of the hearing, the hearing officer shall prepare written findings and a recommendation whether the proposed transfer should proceed.

1. A proposed transfer shall be recommended by the hearing officer only upon comprehensive and detailed findings, signed by the hearing officer and supported by clear and convincing evidence that one or more of the threshold standards set forth in 13:91-2.1(b) have been satisfied.
i. Evidence relied upon in making the recommendation shall be clearly set forth in the written findings, which findings shall be attached to and made part of the Transfer Hearing Form, Form 102.

2. When the hearing officer's recommendations and findings are based on evidence from a confidential informant, the recommendations and findings shall not disclose the identity of the confidential informant and shall contain:
i. A concise summary of the facts on which the hearing officer concluded that the informant was credible or his or her information reliable; and

ii. The informant's statement, either in writing or as reported, in language that is factual rather than a conclusion, and based on the informant's personal knowledge of the matters contained in such statement.

3. In any case in which the hearing officer's recommendations and findings are based on evidence that includes confidential information, the findings shall contain a concise summary in language that is factual rather than a conclusion.

Disclaimer: These regulations may not be the most recent version. New Jersey may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.