reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 3 - SECURITY AND CONTROL › Subchapter 6 - CONTRABAND AND DISPOSITION OF CONTRABAND › Section 10A:3-6.3 - Disposal of contraband personal property seized within a correctional facility

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When contraband is seized within a correctional facility, appropriate disciplinary reports shall be written and issued pursuant to 10A:3-6.7.
(b) The staff member making the seizure shall give the inmate an itemized, signed and dated receipt (Form 171--II) for the property seized and shall notify the inmate that such items are contraband and that the inmate has the right to appeal the classification of any or all items as contraband through the disciplinary process.
1. If the Disciplinary Hearing Officer/Adjustment Committee determines that any or all items are not contraband or if the Administrator or designee, on appeal, determines that an item is not contraband it shall be returned to the inmate.
2. If the Disciplinary Hearing Officer/Adjustment Committee determines that any or all items are contraband, the contraband shall be retained and shall not be disposed of until all appeal proceedings are exhausted to include any appeal to the New Jersey Appellate Division when appropriate. Otherwise, the inmate shall be given two business days following receipt of the Disciplinary Hearing Officer/Adjustment Committee decision, or the decision of the Administrator or designee if the disciplinary decision is appealed, to indicate to the Special Investigations Division or Central Control which of the following means shall be used to dispose of the contraband. The contraband shall be:
i. Mailed to a designated relative or friend of the inmate at the inmate's expense;
ii. Donated by the inmate to a charitable organization at the inmate's expense; or
iii. Destroyed at the inmate's request.
3. Where the inmate fails to indicate the desired disposition, the property shall be disposed of at the option of the Administrator or designee.
4. For verifiable cases of inmates who have no family and no visitors, special arrangements to store property at the facility in which the inmate is housed may be approved on a case-by-case basis by the Administrator or designee and in accordance with N.J.A.C. 10A:1, Administration, Organization and Management.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 3 - SECURITY AND CONTROL › Subchapter 6 - CONTRABAND AND DISPOSITION OF CONTRABAND › Section 10A:3-6.4 - Disposal of contraband, State issued property

Current through Register Vol. 56, No. 14, July 15, 2024
Where State issued personal property is confiscated as contraband, the inmate shall not have any option with respect to its disposition. It shall be returned to the source for redistribution or subsequent disposal. Commissary items seized as contraband may be distributed among needy inmates as determined by the Administrator or designee.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 3 - SECURITY AND CONTROL › Subchapter 6 - CONTRABAND AND DISPOSITION OF CONTRABAND › Section 10A:3-6.5 - Disposal of contraband threatening to security or disruptive to operations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All contraband determined to pose a threat to security or to be disruptive to the orderly running of a correctional facility shall be taken into the custody of the correctional facility and under no circumstances shall be returned to the inmate.
1. The staff member making the seizure shall immediately turn the contraband over to the Special Investigations Division or Central Control of the correctional facility, together with the completed Seizure of Contraband Report Form 171-I and Inmate Receipt Form 171-II.
2. Appropriate disciplinary reports shall be written and issued, pursuant to 10A:3-6.7.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 3 - SECURITY AND CONTROL › Subchapter 6 - CONTRABAND AND DISPOSITION OF CONTRABAND › Section 10A:3-6.6 - Confiscation and disposal of unauthorized money, unauthorized checks, money orders, or currency

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All unauthorized money, unauthorized checks, money orders, or currency found in an inmate's possession shall be immediately seized and turned over to Central Control or Special Investigations Division together with reports required by this subchapter.
1. Any inmate found to be in possession or to have control over such money, unauthorized checks, money orders, or currency shall be subject to disciplinary action.
2. A determination as to the manner in which the money, unauthorized checks, money orders, or currency has been acquired shall be made by the Disciplinary Hearing Officer/Adjustment Committee at the disciplinary hearing from the reports regarding the incident.
3. If the Disciplinary Hearing Officer/Adjustment Committee concludes that the money, checks, money orders, or currency is unauthorized or has been acquired through improper means, the Disciplinary Hearing Officer/Adjustment Committee shall recommend to the administration that the money, checks, money orders, or currency shall be forfeited by the inmate, deposited in the General Treasury Fund and recorded in the Law Enforcement Dedicated Account of the Department of Corrections.
4. Subsequent to the Disciplinary Hearing Officer/Adjustment Committee conclusion, the money, checks, money orders, or currency shall be turned over to the correctional facility Business Manager with a copy of the adjudicated disciplinary report. The Business Manager will be responsible for depositing and recording the funds to the appropriate account.
5. Money, checks, money orders, or currency forfeited by the inmate, which is not the subject of a disciplinary action as determined by the Disciplinary Hearing Officer/Adjustment Committee or the Administrator shall be deposited in the inmate's account in accordance with N.J.A.C. 10A:2.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 3 - SECURITY AND CONTROL › Subchapter 6 - CONTRABAND AND DISPOSITION OF CONTRABAND › Section 10A:3-6.7 - Disciplinary reports

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When disciplinary reports are issued resulting from application of this subchapter, such reports shall be issued and adjudicated in accordance with N.J.A.C. 10A:4, Inmate Discipline.
(b) Specific prohibited acts which involve contraband are enumerated in 10A:4-4.1 and in the Department of Corrections, Handbook on Discipline.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 3 - SECURITY AND CONTROL › Subchapter 6 - CONTRABAND AND DISPOSITION OF CONTRABAND › Section 10A:3-6.8 - Introduction or discharge of contraband into or from a facility by a visitor

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any visitor present within the correctional facility or on its grounds shall surrender any item, article, or material which the Administrator or designee shall determine to be contraband.
1. The custody staff member or staff member seizing any item, article or material determined to be contraband shall give the visitor an itemized, dated and signed receipt. When possession of the seized item, article or material does not appear to violate any Federal or State statute and the visitor exits the facility, the employee shall, in return for the receipt, return the item to the visitor.
2. If there is reason to believe that possession of the contraband violates a Federal or State statute, the employee shall detain such a visitor and notify the correctional facility Special Investigations Division.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 3 - SECURITY AND CONTROL › Subchapter 6 - CONTRABAND AND DISPOSITION OF CONTRABAND › Section 10A:3-6.9 - Introduction or discharge of contraband into or from a facility by the mail

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Incoming correspondence and publications shall always be inspected for contraband. Any discovery of contraband in correspondence or publications shall be handled in accordance with N.J.A.C. 10A:18, Mail, Visits and Telephone.
(b) Unauthorized money, personal checks or currency found in correspondence or publications shall be handled in accordance with 10A:3-6.6.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 3 - SECURITY AND CONTROL › Subchapter 7 - POLYGRAPH EXAMINATIONS › Section 10A:3-7.1 - Use of polygraph examinations with inmates

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A polygraph examination may be requested by the Administrator or designee:
1. When there are issues of credibility regarding serious incidents or allegations which may result in a disciplinary charge; or
2. As part of a reinvestigation of a disciplinary charge, when the Administrator or designee is presented with new evidence or finds serious issues of credibility.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 3 - SECURITY AND CONTROL › Subchapter 7 - POLYGRAPH EXAMINATIONS › Section 10A:3-7.2 - Use of polygraph examinations with staff

Current through Register Vol. 56, No. 14, July 15, 2024
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.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 3 - SECURITY AND CONTROL › Subchapter 7 - POLYGRAPH EXAMINATIONS › Section 10A:3-7.3 - Requesting a polygraph examination

Current through Register Vol. 56, No. 14, July 15, 2024
The Administrator or designee shall request all polygraph examinations from the Department's Special Investigations Division, Polygraph Section, using Form 285-I, Request for Polygraph Examination. The Special Investigations Division, Polygraph Section, must approve all requests. If the polygraph involves a case in litigation, the request must be approved by the Commissioner or designee prior to being referred to the Polygraph Section.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 3 - SECURITY AND CONTROL › Subchapter 7 - POLYGRAPH EXAMINATIONS › Section 10A:3-7.4 - Scheduling polygraph examinations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Polygraph examinations shall be scheduled by the Department's Special Investigations Division, Polygraph Section. If the Department's polygraphists are not available, the Special Investigations Division shall make arrangements to obtain the services of a State Police polygraphist.
(b) The only polygraph examinations acceptable to the Department shall be those performed by the Department's polygraphists or those assigned to the State Police Polygraph Unit. No action of any kind shall be taken based on the results of independently performed polygraph examinations.
(c) Because polygraph examinations may be inappropriate under certain circumstances, the final decision on whether a polygraph examination will be given at a particular time shall be made by the polygraphist assigned to each individual case.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 3 - SECURITY AND CONTROL › Subchapter 7 - POLYGRAPH EXAMINATIONS › Section 10A:3-7.5 - Procedural limitations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The inmate must be advised that the test is being administered as part of an official investigation.
(b) No examination shall be conducted unless the inmate has knowingly and without duress signed a written consent form. Under no circumstances shall any inmate be threatened or coerced into taking a polygraph examination. No inmate shall receive a disciplinary charge for refusal to take a polygraph examination.
(c) Whenever possible, the examination shall be conducted at the correctional facility where the inmate resides. However, the polygraphist may choose any other competent testing facility.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 3 - SECURITY AND CONTROL › Subchapter 7 - POLYGRAPH EXAMINATIONS › Section 10A:3-7.6 - Use of polygraph examinations with juveniles

Current through Register Vol. 56, No. 14, July 15, 2024
(a) 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.
(b) All other factors relating to administering polygraph examinations to juveniles shall be handled in the same manner as to an adult inmate.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 3 - SECURITY AND CONTROL › Subchapter 9 - TRANSPORTATION OF INMATES › Section 10A:3-9.1 - Use of State-owned and privately owned vehicles

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Transportation of inmates shall be done only in State-owned vehicles, except when emergencies or other unusual circumstances require the use of privately-owned vehicles.
(b) If it is necessary for an inmate to ride in an employee's private vehicle, the employee must obtain approval from the Administrator or designee of the facility responsible for the inmate prior to such transportation.
1. If approval is granted, the employee shall be made aware of Departmental policy regarding the use of private vehicles and the liability provisions currently applicable as established by the Department of the Treasury.
2. In all cases, the employee shall furnish proof that the vehicle is properly licensed, registered and insured.
3. The use of an employee's vehicle may be authorized, but not required, by the correctional facility.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 3 - SECURITY AND CONTROL › Subchapter 9 - TRANSPORTATION OF INMATES › Section 10A:3-9.2 - Transporting inmates by aircraft

Current through Register Vol. 56, No. 14, July 15, 2024
The transporting of inmates by aircraft shall be in accordance with written guidelines formulated by the Office of Interstate Services, pursuant to 10A:3-9.1 1.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 3 - SECURITY AND CONTROL › Subchapter 9 - TRANSPORTATION OF INMATES › Section 10A:3-9.3 - Transport of medium, maximum or close custody status inmates

Current through Register Vol. 56, No. 14, July 15, 2024
(a) State-owned vehicles used to escort medium, maximum or close custody status inmates shall be equipped with protective screening devices to separate inmates from the driver. Opening devices on the inner rear doors and windows of passenger sedans shall be made inoperable.
(b) The standard passenger sedan or van shall be used only in lieu of more secure but unavailable vehicles. Use of such vehicles to transport medium, maximum or close custody status inmates shall be in accordance with written correctional facility or Central Medical/Transportation or Interstate Escort Unit internal management procedures.
(c) Vans or buses shall be used to transport groups of inmates. Those vehicles used to transport groups of medium, maximum or close custody status inmates shall comply with the following:
1. Windows or small ports must be protected by security screens or metal bars;
2. Security screen barricades with gates and locks must be located between driver and inmates;
3. A section of the rear of the bus must be screened off for baggage storage;
4. Transportation custody staff member(s) must be seated with a clear view of the bus compartment; and
5. The vehicle must be equipped with one portable fire extinguisher (ABC Class) that conforms with all related Federal, State and local fire codes.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 3 - SECURITY AND CONTROL › Subchapter 9 - TRANSPORTATION OF INMATES › Section 10A:3-9.4 - Transporting reduced custody status inmates

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Administrator or designee shall make a determination with respect to the specific staffing and security arrangements required when transporting a reduced custody status inmate. In these cases, a careful review shall be made of the individual case to determine the most appropriate staffing and security arrangements for each trip.
(b) Transportation of minimum custody status inmates in work/study release, furlough program and other such programs shall be done in accordance with appropriate Department rules.
(c) The searching of inmates shall be in accordance with the requirements of N.J.A.C. 10A:3-5, Search of Inmates and Facilities.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 3 - SECURITY AND CONTROL › Subchapter 9 - TRANSPORTATION OF INMATES › Section 10A:3-9.5 - Transportation documents

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to custody staff members accepting escort responsibility for the custody of any inmate, sending facility staff shall ensure that the custody staff members are provided all mandatory inmate transportation documentation to include, but not be limited to:
1. Name and number;
2. Destination;
3. Custody status;
4. Current inmate photograph;
5. Any unusual medical, emotional, or mental conditions for which there is a need to know; and
6. Appropriate medical information setting forth any prescribed medication or instructions for special handling when transporting inmates with medical or psychiatric conditions.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 3 - SECURITY AND CONTROL › Subchapter 9 - TRANSPORTATION OF INMATES › Section 10A:3-9.6 - Recall to court

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An inmate shall only be produced in court by a writ of habeas corpus, writ of habeas corpus ad testificandum, post conviction relief order, or other order to produce which is to be received by Central Medical/Transportation 48 business hours prior to the scheduled court appearance.
1. It shall be improper to produce an inmate in court on a subpoena only.
2. Writs of habeas corpus must be signed by either a New Jersey State Superior Court judge or a Federal court judge. No other writs to produce shall be honored.
3. Questions concerning the validity of any writ shall be referred to the Office of the Assistant Commissioner, Division of Operations, Department of Corrections.
4. Any requests for exception to this policy shall be referred to the Office of the Assistant Commissioner, Division of Operations.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 3 - SECURITY AND CONTROL › Subchapter 9 - TRANSPORTATION OF INMATES › Section 10A:3-9.7 - Inmate supervision

Current through Register Vol. 56, No. 14, July 15, 2024
(a) During escort, inmates shall be carefully guarded to prevent escape and receipt of contraband.
(b) No communication between the inmate and the public shall be permitted at any time during escort.
(c) An inmate's special requests during escort not related to the purpose of the trip shall not be honored. The inmate shall be returned to the correctional facility upon completion of the trip.
(d) If, while at court, the judge approves an interview of the inmate with the attorney, the escorting custody staff member shall be present during the interview. The escorting custody staff member shall not monitor the attorney-client conversation.
(e) In accordance with N.J.A.C. 10A:18-7, an inmate shall be taken directly to the destination of a bedside, private viewing, or funeral visit. Side trips for any purpose shall not be permitted. An inmate on such a trip shall not be allowed out of sight of the escorting custody staff member.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 3 - SECURITY AND CONTROL › Subchapter 9 - TRANSPORTATION OF INMATES › Section 10A:3-9.8 - Emergencies

Current through Register Vol. 56, No. 14, July 15, 2024
Escorting custody staff members shall immediately notify the Administrator or designee, if an emergency arises during the transportation of an inmate. If time or other considerations makes it impossible to contact the Administrator or designee, the local law enforcement authorities may be notified by the escorting custody staff member without prior clearance by the Administrator.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 3 - SECURITY AND CONTROL › Subchapter 9 - TRANSPORTATION OF INMATES › Section 10A:3-9.9 - Transporting parole violators and escapees with physical injuries

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to accepting responsibility for an injured parole violator or escapee to be escorted, the escort custody staff member shall make every effort to obtain written information on how the injury occurred and whether medical aid was administered. A copy of a medical report shall be obtained to aid medical authorities at the receiving correctional facility.
(b) If a medical report is not available, the escort custody staff member shall request the supervisor on duty at the sending correctional facility to provide a brief written statement that the injury was received prior to turning over the custody of the parole violator or escapee.
(c) Upon arrival at the receiving correctional facility, Central Control shall be notified so that the parole violator or escapee may be promptly seen by staff of the medical department.
(d) The physical condition of the injured parole violator or escapee shall be photographed by the receiving correctional facility. A full and accurate written description of the injury shall be provided.
(e) A brief written report of the injury shall be submitted pursuant to N.J.A.C. 10A:22, Reports.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 3 - SECURITY AND CONTROL › Subchapter 9 - TRANSPORTATION OF INMATES › Section 10A:3-9.10 - Clothing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Escorting custody staff members shall wear civilian clothing when going to any Federal court or when directed by the supervisor. All other escorting custody staff members shall wear uniforms.
(b) Inmates shall wear approved State issued clothing on court trips.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 3 - SECURITY AND CONTROL › Subchapter 9 - TRANSPORTATION OF INMATES › Section 10A:3-9.11 - Interstate Escort Unit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Interstate Escort Unit within the Division of Operations shall be responsible for the return of parole violators and escapees from out-of-state and the transfer of inmates under the Interstate Corrections Compact. The Unit shall also assist, on an emergency basis, in escorting inmates on writ to the courts, trips to outside medical facilities or other movements within State boundaries.
(b) Unless otherwise specified, the supervising interstate escort custody staff member shall be in charge in all matters relating to the interstate transportation of New Jersey escapees, parole violators and/or Interstate Corrections Compact transfers. Whenever correctional facility employees are assigned to assist the Interstate Escort Unit for such trips, they shall be responsible to the supervising interstate escort custody staff member for the duration of the assignment.
(c) The Interstate Escort Unit shall maintain current Federal Aviation Administration rules applicable to any phase of aircraft use in transporting inmates.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 3 - SECURITY AND CONTROL › Subchapter 9 - TRANSPORTATION OF INMATES › Section 10A:3-9.12 - Medical transportation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In emergency situations when a non-ambulatory medium, maximum or close custody status inmate is in need of hospitalization or treatment outside of the correctional facility, he or she shall be transported by ambulance, or by a State-owned vehicle if an ambulance is unavailable. A State-owned vehicle shall be used to transport an ambulatory inmate who is in need of hospitalization or treatment outside of the facility.
(b) When an inmate is transported by ambulance, a custody staff member shall accompany him or her in the ambulance and another custody staff member shall follow the ambulance in a back-up car. When an inmate is transported by a State-owned vehicle, the ratio of escorting custody staff members to inmates shall be governed by 10A:3-9.3(h)  Transportation of Inmates.
(c) The use of mechanical restraints and equipment when transporting an inmate for hospitalization or treatment shall be governed by N.J.A.C. 10A:3-3 and the nature of the illness or injury.
(d) When a reduced custody status inmate requires medical transport, the Administrator or designee shall make a determination with respect to specific staffing and security arrangements required. In these cases, a careful review shall be made of the individual case to determine the appropriate vehicle, staffing and security arrangements for each trip.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 3 - SECURITY AND CONTROL › Subchapter 9 - TRANSPORTATION OF INMATES › Section 10A:3-9.13 - Transportation costs in a civil action

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The costs of transporting an inmate to court for civil action will be paid by the Department of Corrections when:
1. The cause of action is related to the inmate's confinement;
2. The cause of action is a Family Court matter such as, but not limited to, matrimonial and child custody; or
3. The inmate is a defendant and the plaintiff is a governmental entity.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 3 - SECURITY AND CONTROL › Subchapter 9 - TRANSPORTATION OF INMATES › Section 10A:3-9.14 - Written internal management procedures

Current through Register Vol. 56, No. 14, July 15, 2024
Each correctional facility/unit responsible for inmate transportation shall prepare written internal management procedures governing the transportation of inmates outside of the correctional facility and from one jurisdiction to another, consistent with the requirements of this subchapter. These procedures shall be made available to all personnel involved in transporting inmates and shall be reviewed at least annually and updated as necessary.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 3 - SECURITY AND CONTROL › Subchapter 10 - SECURITY PROCEDURES FOR ADMINISTRATIVE TRANSFERS OF INMATES FROM SATELLITE UNITS AND COMMUNITY BASED PROGRAMS › Section 10A:3-10.1 - Use of mechanical restraints

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Inmates assigned to satellite units and community based facilities may be transferred to medical or dental appointments, approved interviews, Parole Board Hearings and other similar destinations without the use of mechanical restraints, such as, handcuffs and security belts.
(b) When an inmate is to be returned to a correctional facility for any reason that creates an increased likelihood of an escape attempt, staff members of the satellite unit or community based program shall put into effect the security measures necessary to prevent an escape.
(c) Satellite units and community based programs shall notify the appropriate correctional facility when a decision has been made to remove an inmate from the program. The correctional facility shall assign escorting custody staff members to make the transfer. The escorting custody staff members shall routinely carry restraint equipment in order that the transfer will be made in a safe and secure manner.
(d) The inmate shall not be informed of his or her impending removal from the program prior to the arrival of escorting custody staff members from the correctional facility responsible for making the transfer. Upon arrival of the escorting custody staff members, the inmate to be transferred shall be identified and he or she shall immediately be secured with mechanical restraints in accordance with N.J.A.C. 10A:3-3.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 3 - SECURITY AND CONTROL › Subchapter 10 - SECURITY PROCEDURES FOR ADMINISTRATIVE TRANSFERS OF INMATES FROM SATELLITE UNITS AND COMMUNITY BASED PROGRAMS › Section 10A:3-10.2 - Inmate personal property

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All personal property of a handcuffed inmate shall be packed in his or her presence to ensure an accurate inventory.
(b) In instances where the inmate's behavior becomes disruptive while his or her personal property is being packed, and the disruption poses a threat to the orderly operation of the unit, the inmate shall be removed from the facility and his or her personal property shall be forwarded to the receiving correctional facility immediately following the transfer.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 3 - SECURITY AND CONTROL › Subchapter 10 - SECURITY PROCEDURES FOR ADMINISTRATIVE TRANSFERS OF INMATES FROM SATELLITE UNITS AND COMMUNITY BASED PROGRAMS › Section 10A:3-10.3 - Inmate supervision

Current through Register Vol. 56, No. 14, July 15, 2024
An escorting custody staff member and/or facility staff member(s) shall be in the presence of the inmate during the entire transfer process.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 3 - SECURITY AND CONTROL › Subchapter 11 - SECURITY THREAT GROUPS › Section 10A:3-11.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter shall be applicable to the Department of Corrections and provides rules regarding the identification of inmates as members of a security threat group(s).
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 3 - SECURITY AND CONTROL › Subchapter 11 - SECURITY THREAT GROUPS › Section 10A:3-11.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:
"Corrections Intelligence Center (CIC) of the Special Investigations Division" means a section within the Special Investigations Division of the Department of Corrections that is responsible for the identification process and the collection, control, maintenance and dissemination of information regarding alleged and identified security threat group members and security threat groups.
"Identification process" means the investigative method of operation to include, but not be limited to, the collection and accumulation of evidence and information used by the CIC to reasonably identify inmates as security threat group members.
"Security threat group" means a group of inmates possessing common characteristics, interests and goals which serve to distinguish the group or group members from other inmate groups or other inmates and which, as a discrete entity, poses a threat to the safety of the staff, other inmates, the community or causes damage to or destruction of property, or interrupts the safe, secure and orderly operation of the correctional facility(ies).
"Security threat group activity(ies)" means an activity(ies) or action(s) of an inmate that relate either directly or indirectly to the goals of a security threat group. These activities include, but are not limited to:
1. Possession of security threat group literature, such as correspondence, newsletters, publications, lessons, membership lists and manuals;
2. Possession of security threat group paraphernalia, such as beads, artwork, medallions and clothing articles;
3. Known security threat group hand-signs or signals as observed by staff;
4. Participation in security threat group related assaults, disturbances, meetings, gatherings, incidents or events;
5. Sending security threat group related correspondence; and
6. Recruiting other inmates to join a security threat group.
"Security threat group member" means an inmate who has been identified, based upon reasonably sufficient evidence and/or information, as being a member of a known security threat group and whose documented security threat group activity(ies) or behavior as a known security threat group member poses a threat to the safe, secure and orderly operation of the correctional facility(ies) or to the safety of the staff, other inmates or the community.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 3 - SECURITY AND CONTROL › Subchapter 11 - SECURITY THREAT GROUPS › Section 10A:3-11.3 - Prohibited security threat group(s) and activity(ies)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department of Corrections prohibits the organization and operation of a security threat group(s).
(b) The Department of Corrections prohibits security threat group activity(ies).
(c) The Department of Corrections prohibits the possession, receipt or exhibition of anything related to a security threat group such as, but not limited to, medallions, clothing, beads, artwork and literature.
(d) Evidence or information indicative of security threat group organization, operation or involvement in a security threat group activity(ies) shall result in disciplinary action and a finding of guilt shall subject the inmate to appropriate disciplinary sanctions.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 3 - SECURITY AND CONTROL › Subchapter 11 - SECURITY THREAT GROUPS › Section 10A:3-11.4 - Responsibilities of the Corrections Intelligence Center of the Special Investigations Division

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The CIC shall be responsible for the collection, accumulation, processing, analysis, control, maintenance and dissemination of intelligence regarding criminal enterprises/networks, designated and alleged security threat group(s) and identified and alleged security threat group members. Such intelligence shall include the radicalization of domestic or foreign inmates.
(b) The CIC shall present findings, to include evidence, information and supporting documentation regarding criminal enterprises/networks and designated and alleged security threat groups to the Commissioner or appropriate designee for review. Findings regarding alleged security threat group members shall be presented to the Administrator of the correctional facility in which the inmates are housed. Such findings may include the radicalization of domestic or foreign inmates.
(c) In addition to (a) and (b) above, the CIC shall:
1. Identify members and associates of criminal enterprises/networks, security threat groups and radicalized entities;
2. Act as the law enforcement liaison for the NJDOC in multi-agency intelligence forums, investigative collaborations and task force initiatives regarding security threat group(s), terrorism, radicalized entities and intelligence sharing;
3. Facilitate NJDOC participation in and cooperation with other agencies and entities;
4. Provide security threat group and radicalization awareness training when necessary; and
5. Maintain security threat group files.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 3 - SECURITY AND CONTROL › Subchapter 11 - SECURITY THREAT GROUPS › Section 10A:3-11.5 - Security threat group designation and member identification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Only the Commissioner or Deputy Commissioner shall be authorized to designate a group of inmates as a security threat group. Such designation shall be based upon reasonably sufficient evidence and information.
(b) Only the Corrections Intelligence Center (CIC) of the Special Investigations Division shall be authorized to identify inmates as security threat group members. Such identification shall be based upon reasonably sufficient evidence and information.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 4 - INMATE DISCIPLINE › Subchapter 1 - GENERAL PROVISIONS › Section 10A:4-1.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of this chapter is to:
1. Set forth for inmates and staff, a comprehensive code of offenses and sanctions that are consistent with the correctional objectives of the Department of Corrections and the correctional facility;
2. Set forth administrative due process safeguards in the disciplinary process as required by the United States Supreme Court in Wolff v. McDonnell, 418 U.S. 539 (1974) and the New Jersey Supreme Court in Avanti v. Clifford, 67 N.J. 496 (1975); and
3. Provide guidelines for the enforcement of rules and the imposition of appropriate sanctions for infractions.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 4 - INMATE DISCIPLINE › Subchapter 1 - GENERAL PROVISIONS › Section 10A:4-1.3 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise:
"Adjustment Committee" means the committee within a correctional facility that is authorized to hear and adjudicate inmate violations of prohibited acts.
"Administrative Close Supervision Unit" means a close custody unit to which an inmate may be assigned because of one or more disciplinary infractions or other administrative considerations.
"Bodily fluid" shall mean saliva, blood, urine, feces, seminal fluid or any other bodily fluid (see 2C:12-12).
"Bodily injury" shall mean physical pain, illness or any impairment of physical condition (see 2C:11-1).
"Drug Diversion Program" is a substance use disorder treatment program offered to inmates on a voluntary one-time-only basis, as set forth for Category F offenses at N.J.A.C. 10A:4-4.1(a)6  and 3.14.
"Extra duty" shall mean a task(s) other than those related to an inmate's work or program assignment(s) to which an inmate has been assigned as a result of a violation of a prohibited act.
"Fact witness" means a witness who provides a factual account of the incident based upon his or her being personally involved in, or having personally observed the incident or aspects thereof. For example, a Department of Corrections staff member who administers a test for prohibited substances may be considered a fact witness if a question of fact exists with regard to the taking, initial testing or custody of the specimen.
"Major violations" shall mean the violation of a prohibited act that is preceded by an asterisk.
"Minor violations" shall mean the violation of a prohibited act that is not preceded by an asterisk.
"Repetitive witness" means a witness who is expected to provide substantially the same testimony as a previous witness.
"Serious bodily injury" shall mean bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ (see 2C:11-1).
"Special Classification Committee" (S.C.C.) shall mean the body composed of representatives from the Prison and Youth Complexes within the Division of Operations, which considers the transfer of inmates between complexes.
"Unavailable witness" is a witness who is unable, for medical, leave or other valid reason, to attend the disciplinary hearing.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 4 - INMATE DISCIPLINE › Subchapter 2 - PUBLICATION OF RULES › Section 10A:4-2.1 - Notification of inmates about rules and regulations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) At the time of reception into the New Jersey Department of Corrections, each inmate shall receive a copy of the Handbook on Discipline and thereby be advised in writing of his or her rights and responsibilities, the acts and activities which are prohibited, the rules which must be followed and the disciplinary process within the correctional facilities of the Department of Corrections. Each inmate shall be required to sign a form acknowledging receipt of the Handbook on Discipline. A refusal by the inmate to sign shall be noted on the form by the issuing staff member.
(b) At the time of arrival at a correctional facility, each inmate shall receive a copy of the correctional facility Inmate Handbook which contains correctional facility rules, procedures and information about services and programs. The correctional facility Inmate Handbook shall be provided as part of the admission-orientation program in accordance with N.J.A.C. 10A:8. Each inmate shall be required to sign a form acknowledging receipt of the correctional facility Inmate Handbook. A refusal by the inmate to sign shall be noted on the form by the issuing staff member.
(c) All changes in disciplinary rules shall be posted in housing units and other areas of the correctional facility and incorporated into the next revision of the Handbook on Discipline and when appropriate, in the correctional facility Inmate Handbook.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 4 - INMATE DISCIPLINE › Subchapter 2 - PUBLICATION OF RULES › Section 10A:4-2.3 - Promulgation of rules

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The rules of a correctional facility shall be published and promulgated only upon the approval of the Administrator.
(b) The disciplinary rules shall be published and promulgated only upon the approval of the Commissioner, New Jersey Department of Corrections.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 4 - INMATE DISCIPLINE › Subchapter 3 - INMATE RIGHTS AND RESPONSIBILITIES › Section 10A:4-3.1 - Notification of inmates of their rights and responsibilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following rights are found in the Handbook on Discipline that is provided to each inmate as part of reception into the Department of Corrections.
1. You have the right to be treated respectfully, impartially and fairly by all personnel.
2. You have the right to be informed of the rules, procedures and schedules concerning the operation of the correctional facility.
3. You have the right to freedom of religious affiliation and voluntary religious worship within the correctional facility.
4. You have the right to health care which includes nutritious meals, proper bedding and clothing, a laundry schedule for cleanliness of same, an opportunity to shower regularly, sufficient warmth, proper ventilation, fresh air, a regular exercise period, toilet articles and medical and dental treatment.
5. You have the right to correspond with and receive visits from family members, friends and other persons where there is no threat to security or order in keeping with the rules and schedules of the correctional facility.
6. You have the right to unrestricted and confidential access to the courts by correspondence.
7. You have the right to legal counsel from an attorney of your choice by interviews and correspondence. You have the right to receive help when it is available through a legal assistance program.
8. You have the right to participate in the use of law library reference materials to assist you in resolving legal problems.
9. You have the right to a wide range of reading material for educational purposes and for your own enjoyment.
10. You have the right to participate in counseling, education, vocational training, and employment as far as resources are available and in keeping with your interests, needs and abilities.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 4 - INMATE DISCIPLINE › Subchapter 3 - INMATE RIGHTS AND RESPONSIBILITIES › Section 10A:4-3.3 - Promulgation of rules

Current through Register Vol. 56, No. 14, July 15, 2024
See N.J.A.C. 10A:1-1.5for the rule concerning provision of notice of inmates about the promulgation of rules.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 4 - INMATE DISCIPLINE › Subchapter 4 - INMATE PROHIBITED ACTS › Section 10A:4-4.2 - Reports to the prosecutor on prohibited acts

Current through Register Vol. 56, No. 14, July 15, 2024
All prohibited acts which may constitute crimes of the first, second, third or fourth degree under the Criminal Code of the State of New Jersey (2C:1-1 et seq.) shall be referred to the prosecutor of the county in which the correctional facility is located. (See N.J.A.C. 10A:21 Reporting Violations of the Criminal Statutes.)
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 4 - INMATE DISCIPLINE › Subchapter 5 - SCHEDULE OF SANCTIONS FOR PROHIBITED ACTS › Section 10A:4-5.1 - Schedule of sanctions for prohibited acts

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The maximum Restorative Housing Unit (R.H.U.) sanction for any prohibited act or acts resulting from a single incident shall not exceed 365 days. The maximum Adjustment Unit sanction for any prohibited act or acts resulting from a single incident shall be for five to 15 days. The imposition of a sanction involving A.U. time is not mandatory for Category A infractions and shall be:
i. Based on clear and convincing evidence;
ii. Limited to infractions involving violence, escapes, or attempts to escape, or poses a threat to institutional safety;
iii. Based on a finding of guilt when less restrictive interventions would be insufficient to reduce the substantial risks of serious harm; and
iv. Approved by the correctional facility Administrator, or designee. (See N.J.S.A. 30:4-82.8.a (1)).
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 4 - INMATE DISCIPLINE › Subchapter 6 - CHRONIC VIOLATOR › Section 10A:4-6.2 - Criteria for designating a chronic violator

Current through Register Vol. 56, No. 14, July 15, 2024
An inmate may be designated a chronic violator if, while currently serving the maximum time in detention (30 calendar days), the inmate continues to exhibit seriously assaultive or destructive behavior such as to constitute a continuing danger to other persons, and where alternative disciplinary sanctions or housing assignments would be inappropriate or ineffective.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 4 - INMATE DISCIPLINE › Subchapter 6 - CHRONIC VIOLATOR › Section 10A:4-6.4 - Appeal procedure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) At the time the inmate is adjudicated a chronic violator, the inmate shall be notified of his or her right to appeal the decision of the Disciplinary Hearing Officer to the Assistant Commissioner, Division of Operations, Department of Corrections. The appeal may be filed at any time during the inmate's continued confinement in detention, except that appellate review shall not occur more than twice per month.
(b) Prior to rendering a decision on the appeal, the Assistant Commissioner, Division of Operations, shall confer with the Administrator in charge of the Administrative Close Supervision Unit (ACSU) concerning the inmate's conduct. Alternative means for control and treatment shall be explored and utilized, if available and feasible. The inmate shall be notified of the decision of the Assistant Commissioner, Division of Operations, and the reasons thereof within five business days.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 4 - INMATE DISCIPLINE › Subchapter 7 - ON-THE-SPOT CORRECTION › Section 10A:4-7.1 - On-the-spot disciplinary report/adjudication

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When a violation of a prohibited act that is considered minor has occurred, the staff member witnessing the violation shall prepare an On-The-Spot Disciplinary Report/ Adjudication and distribute copies as follows:
1. One copy of the report shall be served upon the inmate; and
2. Two copies shall be forwarded immediately to the custody staff supervisor.