Kenneth Vercammen is a Middlesex County Trial Attorney who has published 130 articles in national and New Jersey publications on Criminal Law, Probate, Estate and litigation topics.

He was awarded the NJ State State Bar Municipal Court Practitioner of the Year.

He lectures and handles criminal cases, Municipal Court, DWI, traffic and other litigation matters.

To schedule a confidential consultation, call us or New clients email us evenings and weekends via contact box www.njlaws.com.

Kenneth Vercammen & Associates, P.C,

2053 Woodbridge Avenue,

Edison, NJ 08817,

(732) 572-0500

Friday, September 7, 2018

NJAC 10A:31-25.16 Custody Status


NJAC 10A:31-25.16 Custody status
TITLE 10A. CORRECTIONS 
CHAPTER 31. ADULT COUNTY CORRECTIONAL FACILITIES 
SUBCHAPTER 25. WORK AND VOCATIONAL TRAINING RELEASE PROGRAM
N.J.A.C. 10A:31-25.16 (2012)
Inmates approved for outside employment, family care or vocational training under a Work Release Program shall be classified as minimum custody and housed separately from other inmates serving terms in ordinary confinement, if possible.

NJAC 10A:31-25.14 Family Need Release Plan


NJAC 10A:31-25.14 Family Need Release Plan

TITLE 10A. CORRECTIONS 
CHAPTER 31. ADULT COUNTY CORRECTIONAL FACILITIES 
SUBCHAPTER 25. WORK AND VOCATIONAL TRAINING RELEASE PROGRAMN.J.A.C. 10A:31-25.14 (2012)

(a) A detailed Family Need Release Plan (Form CWR-6 Family Need Release Plan) shall be prepared by the County Work Release Administrator with a copy to the inmate outlining the following:

1. The nature of need;

2. The location of where family need is to be served;

3. The dates and times of leaving and returning to the adult county correctional facility;

4. The times of arrival and departure from the family need site;

5. The mode of transportation; and

6. Other pertinent data including responsibility for paying costs, such as transportation, meals, etc.


HISTORY:

Amended by R.2000 d.332, effective August 7, 2000.

See: 32 New Jersey Register 1894(a), 32 New Jersey Register 2945(a).

NJAC 10A:31-25.12 Statement of Disbursements

NJAC 10A:31-25.12 Statement of disbursementsTITLE 10A. CORRECTIONS 
CHAPTER 31. ADULT COUNTY CORRECTIONAL FACILITIES 
SUBCHAPTER 25. WORK AND VOCATIONAL TRAINING RELEASE PROGRAM
N.J.A.C. 10A:31-25.12 (2012)
(a) An inmate participating in the Work Release Program shall receive a statement on Form CWR-4, Statement of Disbursements, itemizing deductions made from each pay check within two weeks of the countys receipt of the paycheck.

(b) The statement shall report all income and expenses and accurately reflect the statement of the inmates account for the period covered.


HISTORY:

Amended by R.2000 d.332, effective August 7, 2000.

See: 32 New Jersey Register 1894(a), 32 New Jersey Register 2945(a).

NJAC 10A:31-25.11 Disbursement of Wages


NJAC 10A:31-25.11 Disbursement of wages
TITLE 10A. CORRECTIONS 
CHAPTER 31. ADULT COUNTY CORRECTIONAL FACILITIES 
SUBCHAPTER 25. WORK AND VOCATIONAL TRAINING RELEASE PROGRAM
N.J.A.C. 10A:31-25.11 (2012)NJAC 10A:31-25.11 Disbursement of wages

(a) An inmate participating in the Work Release Program shall submit his or her salary, wages or stipend, in the form that it is paid (cash or check), to the County Work Release Administrator who shall, in accordance with N.J.S.A. 30:4-91.4 and applicable provisions of related State statutes, make payments from these earnings for:

1. Money advances made to purchase or redeem work clothes, travel clothes and/or work tools;

2. The cost of work transportation and cash advanced for miscellaneous daily expenses while outside the adult county correctional facility;

3. Payment of cost for board which shall be charged for each day that the inmate is participating in the Work Release Program;

4. Court costs and fines;

5. Medical and dental fees;

6. Prescription or nonprescription drugs or medicine fees;

7. Legally ascertained support of dependents after written notice to the appropriate welfare board; and/or

8. Payment on debts and legal obligations acknowledged by the inmate in writing and filed with the County Work Release Administrator on such forms as the Administrator shall specify.

(b) Every effort shall be made to secure full payment of advances as soon as possible. Except in the most unusual situations, full repayment shall be obtained no later than the second full pay.

(c) Any balance of earnings remaining after payment of items in (a) above shall be retained as required by N.J.S.A. 30:8-49(4), and paid to the inmate when he or she is discharged.

(d) Staff from each county shall develop a written system whereby each inmate participating in the Work Release Program shall pay a fair percentage of his or her earnings for board. The daily per capita rate for the payment of board shall not include any part of the costs arising from the administration of the Work Release Program.


HISTORY:

Amended by R.2000 d.332, effective August 7, 2000.

See: 32 N.J.R. 1894(a), 32 N.J.R. 2945(a).

In (a), inserted N.J.S.A. reference in the introductory paragraph, inserted 5 and 6, and recodified former 5 and 6 as 7 and 8.

Amended by R.2006 d.59, effective February 6, 2006.

See: 37 N.J.R. 3201(a), 38 N.J.R. 995(a).


NJAC 10A:31-25.10 Work Release Plan


NJAC 10A:31-25.10 Work Release Plan
TITLE 10A. CORRECTIONS 
CHAPTER 31. ADULT COUNTY CORRECTIONAL FACILITIES 
SUBCHAPTER 25. WORK AND VOCATIONAL TRAINING RELEASE PROGRAM
N.J.A.C. 10A:31-25.10 (2012)
(a) The County Work Release Administrator and the inmate shall prepare a detailed Work Release Plan (Form CWR-3 Approved Work Release Plan). The plan shall include information concerning the job, transportation and a statement authorizing the County Work Release Administrator to make disbursements from earnings.

(b) The information concerning the job placement shall include, but is not limited to:

1. The name of employer;

2. The address of employer;

3. The telephone number of employer;

4. The location of work site;

5. The hourly or other rate of pay;

6. Work days and hours;

7. A plan for overtime or shift work, if necessary; and

8. An evaluation of the job offer by the County Work Release Administrator.

(c) Each Work Release Plan shall contain a written detailed Transportation Plan. The Transportation Plan shall include, but is not limited to:

1. The dates and times of leaving and returning to the adult county correctional facility;

2. The times of arrival and departure from the job;

3. The method of transportation (for example, facility vehicle, public, private conveyance);

4. The daily cost of transportation;

5. The routes of travel; and

6. A procedure to be used when there are unexpected changes in travel arrangements, such as extended work conditions, delays caused by breakdowns, etc.

(d) If the Transportation Plan calls for the use of a private conveyance as the method of transportation, the County Work Release Administrator should ensure that the appropriate licensing, vehicle registration and insurance coverage are provided. Copies of these documents shall be contained in the inmates file.

(e) The Transportation Plan should be flexible so as to allow for normal problems anticipated in daily travel. Generally, travel time to and from a job should not exceed one hour each way.

(f) The final section of the Work Release Plan shall include information on the disbursement of wages.

(g) When the Work Release Plan is completed and reviewed by the County Work Release Administrator, the inmate shall be asked to read and indicate his or her acceptance of the provisions of the Work Release Plan by signing it.

(h) The employer shall receive a copy of the approved Work Release Plan by certified mail, return receipt requested, along with a copy of the courts order placing the inmate in outside employment. The inmate shall also receive a copy of the Work Release Plan.


HISTORY:

Amended by R.2000 d.332, effective August 7, 2000.

See: 32 New Jersey Register 1894(a), 32 New Jersey Register 2945(a).

NJAC 10A:31-25.1 Authority for Work Release


NJAC 10A:31-25.1 Authority

N.J.S.A. 30:8-44 authorizes the operation of a county Work Release Program for inmates to participate in employment, a vocational training course, or to care for the offenders family in the counties in which the governing body or Board of Freeholders has approved the establishment of this type of program(s).

NJAC 10:129-6.1 Expunction Limited to a Record That Consists of an Unfounded Report; Contents of Record to Be Expunged


10:129-6.1 Expunction limited to a record that consists of an unfounded report; contents of record to be expunged



 
 
(a) A Department employee shall expunge a record in any format relating to an unfounded finding within the time frames set forth inN.J.A.C. 10:129-6.2, pursuant to N.J.S.A. 9:6-8:40a, unless one of the exceptions listed in N.J.A.C. 10:129-6.3 exists. A record scheduled for expunction shall be expunged in its entirety.
 
 
   
 
 
(b) The Department shall retain each record which contains a substantiated report, as specified inN.J.A.C. 10:129-5.3(a)1.

NJAC 10:129-5.5 Other Notification at Conclusion of Investigation


10:129-5.5 Other notification at conclusion of investigation


(a) The child protective investigator shall advise the following people whether further services shall be offered or provided to a child or to his or her family, upon completion of the investigation:
 
 
 
   
 
 
1. The caregiver with physical custody at the time of the incident;
 
 
 
   
 
 
2. The parent with whom the child normally resides; and
 
 
 
   
 
 
3. The parent to whom the alleged child victim will be returned, if the alleged child victim was in an institution at the time of the incident.
 
 
 
   
 
 
(b) The child protective investigator shall advise each alleged child victim of the following information, upon completion of the investigation:
 
 
 
   
 
 
1. That the investigation has been completed;
 
 
 
   
 
 
2. The finding of the investigation; and
 
 
 
   
 
 
3. What efforts will be made to protect him or her from further harm and how such protection will occur.
 
 
 
   
 
 
(c) The child protective investigator shall advise each alleged child victim of the information specified in (b) above, in a manner determined to be consistent with and appropriate to the alleged child victim‘s age, condition and ability to understand the basis for the Department‘s involvement; the alleged child victim‘s ability to cope with the information; and the alleged child victim‘s ability to participate in the development, discussion or implementation of the case plan pursuant to N.J.S.A. 9:6-8.10a(c).
 
 
 
   
 
 
(d) The child protective investigator may, and upon written request shall, advise the reporter of the disposition of the investigation, pursuant to N.J.S.A. 9:6-8.10a(b)(18).
 
 
 
   
 
 
(e) The child protective investigator shall forward information to the police in whose jurisdiction the child victim resides, within 10 days from the date upon which the child protective investigator makes a substantiated finding, pursuant to N.J.S.A. 9:6-8.10a(e). The written information regarding the report shall include:
 
 
 
   
 
 
1. The name and age of each child victim and his or her address;
 
 
 
   
 
 
2. The name and age of each of the child victim‘s siblings, if any, obtained by the child protective investigator during his or her investigation;
 
 
 
   
 
 
3. The name of each perpetrator, his or her address, and his or her relationship to each child victim;
 
 
 
   
 
 
4. The name and address of the institution, if the incident occurred in an institution;
 
 
 
   
 
 
5. The date the State Central Registry created the report;
 
 
 
   
 
 
6. The date the child protective investigator completed the investigation;
 
 
 
   
 
 
7. Whether the substantiated finding was abuse, neglect, or a combination thereof;
 
 
 
   
 
 
8. A summary of the circumstances of the incident, including a description of the child‘s injuries, if any, and a statement about the severity of the incident;
 
 
 
   
 
 
9. A statement as to whether a child protective investigator reported the incident to the county prosecutor; and
 
 
 
   
 
 
10. A statement as to whether a child protective investigator investigated a prior allegation of abuse or neglect regarding the alleged child victim.
 
 
 
   
 
 
(f) The child protective investigator shall advise the police that the information provided must be kept confidential pursuant to N.J.S.A. 9:6-8.10a(e), in the notification, whereby the police shall be prohibited from sharing the information with anyone except as authorized under the provisions of N.J.S.A. 9:6-8.10a.
 
 
 
   
 
 
(g) The child protective investigator shall advise the police, in writing, to destroy the information regarding the substantiated report, if a substantiated finding was later reversed by an appeal or a court order, and a Department representative had notified the police of the substantiated report under these rules.
 
 
 
   
 
 
(h) The child protective investigator may advise others, including the non-custodial parent, of the finding only as permitted by N.J.S.A. 9:6-8.10a.

Thursday, September 6, 2018

NJAC 10:129-5.3 Investigation Findings


10:129-5.3 Investigation findings


 
 
(a) The child protective investigator shall evaluate the available information and, for each allegation, determine whether abuse or neglect has occurred, and shall make a finding of either substantiated or unfounded.
 
 
 
   
 
 
(b) The child protective investigator shall make every reasonable effort to identify the perpetrator for each allegation of abuse or neglect.
 
 
 
   
 
 
(c) The child protective investigator shall make the finding for each report within 60 days of the report being received at the State Central Registry, except for good cause approved by the office manager or designee. The officer manager or designee may grant extensions in increments of 30 days, if the child protective investigator is continuing efforts to confirm credible information.
 
 
 
   
 
 
(d) The child protective investigator shall not make a finding of substantiated on an allegation of medical neglect or medical neglect of a disabled infant when the harm or risk of harm to a child is the sole result of treatment in good faith by spiritual means alone through prayer in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner thereof.

NJAC 10:129-5.4 Notification of Finding

10:129-5.4 Notification of finding

 
 
(a) The child protective investigator shall provide notification of the finding to those persons specified in (c) through (e) below. The child protective investigator shall delay the notification as long as the delay does not appear to put the alleged child victim at risk, when a case is in litigation or a report is under criminal investigation and the police, prosecutor or Deputy Attorney General has determined that notification of the investigation findings to persons in (c) through (e) below, would interfere with the litigation.
 
 
 
   
 
 
(b) The child protective investigator shall notify persons specified in (c) through (e) below of the finding no later than 10 days from the date upon which the Department made a finding of substantiated or unfounded, unless for good cause approved by a supervisor.
 
 
 
   
 
 
(c) The child protective investigator shall advise each person identified as a perpetrator in a report of substantiated abuse or neglect that:
 
 
 
   
 
 
1. He or she has been identified as a confirmed perpetrator of abuse or neglect;
 
 
 
   
 
 
2. His or her name and identifying information are entered into the Department‘s child abuse registry, pursuant to N.J.S.A. 9:6-8.11; and
 
 
 
   
 
 
3. He or she shall have an opportunity to dispute a finding of substantiated abuse or neglect, in accordance with N.J.A.C. 10:120A.
 
 
 
   
 
 
(d) The child protective investigator shall advise each alleged perpetrator of the finding, when a report is unfounded, except as limited by (a) and (b) above.
 
 
 
   
 
 
(e) The child protective investigator shall advise the following people that the investigation has been completed and the finding of the investigation, upon completion of the investigation:
 
 
 
   
 
 
1. The caregiver with physical custody at the time of the incident;
 
 
 
   
 
 
2. The parent with whom the child normally resides;
 
 
 
   
 
 
3. The parent to whom the alleged child victim will be returned, if the alleged child victim was in an institution at the time of the incident; and
 
 
 
   
 
 
4. The institutional caregiver or chief administrator of the institution, if the alleged child victim was in institutional placement.