reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 20 - RESIDENTIAL COMMUNITY REINTEGRATION PROGRAM (RCRP) › Subchapter 4 - RESIDENTIAL COMMUNITY REINTEGRATION PROGRAM › Section 10A:20-4.29 - Monitoring employment/education sites

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A Residential Community Reintegration Program shall monitor employment and education sites for compliance with contractual requirements for the operation of a Residential Community Reintegration Program.
1. Unannounced monitoring visits of employment sites shall be conducted, at a minimum, once every 45 days.
i. Monitoring visits shall be documented utilizing the Office of Community Program's Employment and Education Site Monitoring form.
ii. All accountability calls from the inmate shall be immediately logged into the management information system by the Residential Community Reintegration Program. Detailed information from the accountability call that must be logged include, but are not limited to, the following:
(1) The time the call was received;
(2) The phone number of the incoming call;
(3) The reported location of the inmate;
(4) The staff member name and title who received the accountability call;
(5) Any additional instruction provided by the Residential Community Reintegration Program staff member to the inmate, if applicable; and
(6) Any additional relevant information, if applicable, such as the reason for the delay if the accountability call was late;
iii. The Residential Community Reintegration Program personnel on each shift shall randomly call back the employment or education site after the accountability call is placed by the inmate and log the calls into the management information system as an additional accountability measure. Detailed information from the accountability call that must be logged include, but are not limited to, the following:
(1) The time of the call;
(2) The phone number called;
(3) The reported location of the inmate;
(4) The staff member name and title who placed the accountability call; and
(5) Any additional instruction provided by the Residential Community Reintegration Program staff member to the inmate; and
iv. If the Residential Community Reintegration Program staff member is unable to make contact with the inmate, additional accountability measures are required, which include, but are not limited to, additional accountability calls and/or a site visit before initiating escape procedures.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 20 - RESIDENTIAL COMMUNITY REINTEGRATION PROGRAM (RCRP) › Subchapter 4 - RESIDENTIAL COMMUNITY REINTEGRATION PROGRAM › Section 10A:20-4.30 - Maintenance fees and alternate maintained reintegration savings program

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All inmates who participate in an employment component while residing in a Residential Community Reintegration Program under contract with the Department of Corrections shall be required to pay a maintenance fee in accordance with N.J.S.A. 30:4-91.4.
1. The purpose of the maintenance fee is to offset costs of maintenance related to the inmate confinement in accordance with N.J.S.A. 30:4-91.4.
2. The maintenance fee, computed in accordance with N.J.S.A. 30:4-91.4, shall:
i. Be 30 percent of weekly net wages;
ii. Not to exceed $ 50.00 for each day worked by the inmate; and
iii. Be non-refundable to the inmate.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 20 - RESIDENTIAL COMMUNITY REINTEGRATION PROGRAM (RCRP) › Subchapter 4 - RESIDENTIAL COMMUNITY REINTEGRATION PROGRAM › Section 10A:20-4.31 - Payment of fines, penalties, and restitution

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In accordance with N.J.A.C. 10A:2-2.2, and as required by the courts, statutes, and State Parole Board authorities, all employed inmates who have been placed in a Residential Community Reintegration Program shall be required to pay:
1. Court ordered payments, penalty assessments, restitution, and fines;
2. Other revenue obligations or fees;
3. Fees for medical and/or dental treatment; and
4. Fees for prescription or nonprescription drugs or medicine.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 20 - RESIDENTIAL COMMUNITY REINTEGRATION PROGRAM (RCRP) › Subchapter 4 - RESIDENTIAL COMMUNITY REINTEGRATION PROGRAM › Section 10A:20-4.32 - Bank accounts

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An inmate shall open a savings account with a local Federal Deposit Insurance Company (FDIC)-insured financial institution or on-site banking service licensed to receive deposits for consumer banking for use while at a Residential Community Reintegration Program.
1. The inmate in a Residential Community Reintegration Program must open a savings account no later than five business days from receipt of second pay period earnings.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 20 - RESIDENTIAL COMMUNITY REINTEGRATION PROGRAM (RCRP) › Subchapter 4 - RESIDENTIAL COMMUNITY REINTEGRATION PROGRAM › Section 10A:20-4.33 - Personal property

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Neither the Department of Corrections nor the Residential Community Reintegration Program shall be responsible for the personal property of inmates.
(b) Inmates shall make arrangements to have valuable and excessive property sent home prior to transfer to the Residential Community Reintegration Program.
(c) Social Security cards, birth certificates, and/or identification cards issued by the Motor Vehicle Commission shall be sent to the Residential Community Reintegration Program by the parent correctional facility and shall not be considered personal property or a Keep-on-Person (KOP) item.
(d) Inmates may be permitted to retain in their possession such items of personal property in the Residential Community Reintegration Program, as are permitted by Residential Community Reintegration Program rules and regulations.
(e) Within 24 hours of arrival at the Residential Community Reintegration Program, inmates shall complete a Universal Property Pick- up Form to identify their designee for pick-up of personal property in the instance the inmate is unexpectedly removed from, or leaves, the facility for reasons other than return to the custody of the New Jersey Department of Corrections or escapes.
1. The property shall be inventoried on the same date as departure.
2. The Residential Community Reintegration Program shall document three reasonable attempts to contact the designee for pick-up of personal property prior to disposal.
3. Birth certificates, Social Security cards, and/or identification cards issued by the Motor Vehicle Commission are not considered inmate personal property and shall be forwarded by the Residential Community Reintegration Program to the regional institution.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 20 - RESIDENTIAL COMMUNITY REINTEGRATION PROGRAM (RCRP) › Subchapter 4 - RESIDENTIAL COMMUNITY REINTEGRATION PROGRAM › Section 10A:20-4.34 - Inmate Program Authorized Community Time (P.A.C.T.) passes and furloughs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Inmates may receive Program Authorized Community Time (P.A.C.T.) passes and/or furloughs in accordance with the phase system of the Residential Community Reintegration Program, which has been approved by the Office of Community Programs.
(b) The RCRP shall develop a written accountability procedure, to be utilized while the inmate is on a P.A.C.T. pass or furlough, which shall be submitted to the Office of Community Programs for review. If approved, the accountability procedure shall be incorporated into the policy and procedure manual of the RCRP.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 20 - RESIDENTIAL COMMUNITY REINTEGRATION PROGRAM (RCRP) › Subchapter 4 - RESIDENTIAL COMMUNITY REINTEGRATION PROGRAM › Section 10A:20-4.35 - Earned furlough privileges

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A furlough is an earned privilege afforded to an inmate in a Residential Community Reintegration Program who is not excluded from participation by any statutes of the State of New Jersey (such as N.J.S.A. 30:4-91.3.b) to aid in family reintegration.
(b) Inmates in Residential Community Reintegration Program programs are eligible to participate in a furlough program once the following criteria are met:
1. The inmate must be no more than 365 days from their maximum release date;
2. The inmate must have demonstrated evidence of program-compliant behavior to include, but not limited to:
i. No major in-house sanctions in the past six months;
ii. Treatment compliance; and
iii. Positive conduct adjustment;
3. The furlough site is approved by the State Parole Board;
4. The furlough host at the approved furlough site must participate in the required orientation for the furlough program;
5. The family member at the approved furlough site must participate in the required family orientation and must sign the furlough program agreement certifying agreement with all program rules and conditions; and
6. A family member who participates in the family orientation must pick up the inmate at the Residential Community Reintegration Program for furlough and transport the inmate back to the facility for the designated return time.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 20 - RESIDENTIAL COMMUNITY REINTEGRATION PROGRAM (RCRP) › Subchapter 4 - RESIDENTIAL COMMUNITY REINTEGRATION PROGRAM › Section 10A:20-4.36 - Furlough exclusions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An inmate shall be excluded from receiving a furlough if the inmate:
1. Does not have an approved furlough plan;
2. Is not authorized to receive a furlough in accordance with the internal management procedures of the Residential Community Reintegration Program; or
3. Is ineligible pursuant to any statutes of the State of New Jersey (such as N.J.S.A. 30:4-91.3.b).
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 20 - RESIDENTIAL COMMUNITY REINTEGRATION PROGRAM (RCRP) › Subchapter 4 - RESIDENTIAL COMMUNITY REINTEGRATION PROGRAM › Section 10A:20-4.37 - Escapes

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An inmate residing at a Residential Community Reintegration Program shall be deemed an escapee under the following conditions:
1. The inmate leaves the RCRP without the authorization of the Director, or designee;
2. The inmate fails to arrive at the approved leave site or fails to return to the RCRP, unless the designated time has been extended for a legitimate reason by the Director, or designee. The RCRP shall assume the responsibility for determining the legitimacy of the reason for granting an extension;
3. The inmate is scheduled but is not present at the approved leave site on the date and time of a site visit or accountability call by personnel of the New Jersey Department of Corrections or the Residential Community Reintegration Program;
4. If the location from which the inmate has contacted the Residential Community Reintegration Program is found to be fraudulent;
5. The inmate is issued a Global Positioning System (GPS) tracking device and deviation from the approved destination and/or travel route is recorded; or
6. The location of the inmate could not be identified, regardless of the inmate's return to the Residential Community Reintegration Program at the scheduled return time.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 20 - RESIDENTIAL COMMUNITY REINTEGRATION PROGRAM (RCRP) › Subchapter 4 - RESIDENTIAL COMMUNITY REINTEGRATION PROGRAM › Section 10A:20-4.38 - RCRP staff authorized to report escapes

Current through Register Vol. 56, No. 14, July 15, 2024
The RCRP Director, or highest-ranking staff member on duty at the time of the escape, is authorized to report the escape of an inmate to the Office of Community Programs on-call supervisor and Center Control of the regional institution.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 20 - RESIDENTIAL COMMUNITY REINTEGRATION PROGRAM (RCRP) › Subchapter 4 - RESIDENTIAL COMMUNITY REINTEGRATION PROGRAM › Section 10A:20-4.39 - Procedure for reporting an escape

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Director or highest-ranking staff member of the RCRP who is on duty at the time of the escape is responsible for the immediate notification of the escape to the Office of Community Programs on-call supervisor.
(b) In accordance with N.J.S.A. 30:4-91.13, the Director, or highest-ranking staff member who is on duty at the time of the escape, of the RCRP shall be responsible for immediately notifying, with all pertinent information that is available at the time, the following:
1. The chief law enforcement officer, or designee, of the municipality in which the RCRP is located and the chief law enforcement officer, or designee, of the municipality adjacent to the RCRP, if the RCRP is within 2,500 feet of the border of an adjacent municipality;
2. The Center Control of the regional institution; and
3. The Office of Community Programs on-call supervisor.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 20 - RESIDENTIAL COMMUNITY REINTEGRATION PROGRAM (RCRP) › Subchapter 4 - RESIDENTIAL COMMUNITY REINTEGRATION PROGRAM › Section 10A:20-4.41 - Persons authorized to physically remove inmates from a Residential Community Reintegration Program

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An inmate residing in an RCRP may be removed from an RCRP only by the following persons:
1. Law enforcement authorities holding a legal warrant or a Writ of Habeas Corpus.
i. In the event removal pursuant to this paragraph occurs, the Residential Community Reintegration Program Director/Assistant Director, or equivalent, shall contact the Regional Institution's Special Investigations Division office.
ii. The Residential Community Reintegration Program Director/Assistant Director, or equivalent, shall contact the Office of Community Programs following the contact to the Regional Institution's Special Investigations Division office.
iii. Whenever possible, Federal, State, and local law enforcement personnel should communicate pick-up of a Residential Community Reintegration Program inmate through the Regional Institution's Special Investigations Division prior to arrival at the facility;
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 20 - RESIDENTIAL COMMUNITY REINTEGRATION PROGRAM (RCRP) › Subchapter 4 - RESIDENTIAL COMMUNITY REINTEGRATION PROGRAM › Section 10A:20-4.42 - Nondisciplinary administrative returns

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Situations warranting an administrative return of an inmate to the correctional facility may include, but are not limited to:
1. An inmate needing medical treatment which is required to be obtained at the correctional facility;
2. An inmate failing to make a satisfactory programmatic adjustment despite a minimum of two therapeutic interventions, although the inmate has not committed a major infraction as recommended by the Residential Community Reintegration Program Director and approved by the Office of Community Programs;
3. An inmate displaying signs of becoming a potential escape risk;
4. Receipt of a complaint from a community member expressing safety concerns or indicating unauthorized contact has occurred;
5. A preliminary positive prohibited substance test result;
6. The need for an investigation by the Special Investigations Division of an incident involving, or allegedly involving, the inmate;
7. Employment of a family member of an inmate at the Residential Community Reintegration Program;
8. An inmate's request and written statement to return to the correctional facility;
9. The need for a mental health evaluation due to a decline in functioning or program adjustment;
10. Any exigent circumstances in which the New Jersey Department of Corrections deems necessary for the safety of the inmate, personnel, and/or community; and/or
11. The correctional facility receiving a detainer which requires a change in the inmate's community custody status.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 20 - RESIDENTIAL COMMUNITY REINTEGRATION PROGRAM (RCRP) › Subchapter 4 - RESIDENTIAL COMMUNITY REINTEGRATION PROGRAM › Section 10A:20-4.43 - Disciplinary and/or emergency transfer

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When an inmate violates a prohibited act(s) that is listed in N.J.A.C. 10A:20-4.19, the inmate shall be transferred to a Department of Corrections correctional facility in accordance with N.J.A.C. 10A:20-4.18.
(b) Copies of reports, notices, and other documents related to an inmate's return from an RCRP shall be given to the custody staff member(s) who is transporting the inmate, and copies shall be emailed as soon as possible by the Director, or designee, of the RCRP to the Office of Community Programs.
1. These reports shall include, but not be limited to:
i. Form 259 Disciplinary Report;
ii. Form CA:44.2b and the Disciplinary/Administrative/Walk-Away Discharge Summary; and
iii. Special Incident Report.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 20 - RESIDENTIAL COMMUNITY REINTEGRATION PROGRAM (RCRP) › Subchapter 5 - DISCHARGE PLANNING AND RELEASE INFORMATION › Section 10A:20-5.1 - Discharge planning and release information

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Residential Community Reintegration Program programs under contract with the New Jersey Department of Corrections are responsible to comply with the Fair Release and Reentry Act of 2009 (P.L. 2009, c. 329), which was enacted on June 15, 2020 to assist inmates in obtaining necessary reentry benefits.
(b) Each contract agency is responsible for establishing policies and procedures for discharge planning requirements for their respective Residential Community Reintegration Program programs in accordance with the Fair Release and Reentry Act of 2009 (P.L. 2009, c. 329). These efforts are congruent with New Jersey Department of Corrections discharge planning practices that include required reentry benefits for all inmates.
(c) Mandatory discharge planning shall include, but is not limited to, that:
1. All inmates must be offered the opportunity to apply for reentry benefits through a Medicaid online application;
2. All inmates must be offered the opportunity to apply for reentry benefits through the New Jersey General Assistance/Supplemental Nutrition Program (SNAP) online application process;
3. Inmates identified as homeless during the discharge planning process must be appropriately assisted with housing assistance and referrals that ultimately result in a confirmed place to stay upon release; and
4. Any inmate who is identified as homeless on an emergency basis (that is, last minute housing arrangement change, release date change) shall be immediately referred to the New Jersey Work First Program's established Emergency Housing Assistance Hotline.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 21 - REPORTS › Subchapter 1 - GENERAL PROVISIONS › Section 10A:21-1.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of this chapter is to establish:
1. Guidelines for providing telephone and written reports to persons within the Department of Corrections and, when necessary, to outside law enforcement agencies;
2. Guidelines for an observer from a law enforcement agency in an unusual incident or event;
3. Guidelines for providing written reports of the release, critical illness or death of an inmate;
4. Guidelines for the Community Emergency Information Systems;
5. Procedures for handling reportable and non-reportable suspected violations of criminal statutes; and
6. Reporting responsibilities of the Special Investigations Division.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 21 - REPORTS › Subchapter 1 - GENERAL PROVISIONS › Section 10A:21-1.3 - 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:
"Community Emergency Information Systems" means the methods used by the New Jersey Department of Corrections to inform the public of an emergency incident or event at a correctional facility or unit when such information is deemed necessary by the Commissioner or designee.
"Public Information Officer (PIO)" means a staff member of the Department of Corrections designated by the Commissioner or designee to disseminate information to authorized persons or agencies.
"Telephone-Based Alert System (TAS)" means the telephone system used by the New Jersey Department of Corrections to provide current information via a recorded message relative to an emergency incident or event at a correctional facility or unit. TAS consists of an inbound calling system for callers to contact the Department via the toll-free telephone number 1-866-DOC-NEWS (1-866-362-6397).
"Web-Based Emergency Alert System" means an alert via a posting on the official New Jersey Department of Corrections web-site at
http://www.state.nj.us/corrections
providing web-site users information regarding an escape alert from a correctional facility or unit.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 21 - REPORTS › Subchapter 2 - COMMUNITY EMERGENCY INFORMATION SYSTEMS › Section 10A:21-2.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
The purpose of the Community Emergency Information Systems is to enable the New Jersey Department of Corrections to help ensure the safety of the public at large by providing information to members of the general public of an incident or event at a correctional facility or unit when such information is deemed necessary by the Commissioner or designee.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 21 - REPORTS › Subchapter 2 - COMMUNITY EMERGENCY INFORMATION SYSTEMS › Section 10A:21-2.2 - Community Emergency Information Systems

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Community Emergency Information Systems consist of the following two components:
1. Telephone-Based Alert System (TAS); and
2. Web-Based Emergency Alert System.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 21 - REPORTS › Subchapter 2 - COMMUNITY EMERGENCY INFORMATION SYSTEMS › Section 10A:21-2.3 - Telephone-Based Alert System (TAS)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) TAS is a telephone system utilized by the New Jersey Department of Corrections to provide current information relative to an emergency incident or event at a correctional facility or unit.
(b) TAS consists of an inbound calling system for members of the general public to contact the Department via the toll-free telephone number 1-866-DOC-NEWS (1-866-362-6397) in order to listen to a recorded message.
(c) The recorded message will provide the caller with information regarding an emergency incident or event, or the recorded message will inform the caller that there are no occurrences to report.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 21 - REPORTS › Subchapter 2 - COMMUNITY EMERGENCY INFORMATION SYSTEMS › Section 10A:21-2.4 - Web-Based Emergency Alert System

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Web-Based Emergency Alert System uses the New Jersey Department of Corrections official web-site at
http://www.state.nj.us/corrections
to provide information to members of the general public via web-site access.
(b) Upon activation of the Web-Based Emergency Alert System, a message box will appear alerting web-site users who access the official web-site of an escape alert and provide related information.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 21 - REPORTS › Subchapter 3 - WRITTEN REPORTS OF INMATE RELEASE › Section 10A:21-3.1 - Written reports regarding inmate release into a community program

Current through Register Vol. 56, No. 14, July 15, 2024
Written reports regarding the release of an inmate into a community program shall be provided pursuant to 30:4-91.8 through 91.12, and in accordance with N.J.A.C. 10A:20-4.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 21 - REPORTS › Subchapter 3 - WRITTEN REPORTS OF INMATE RELEASE › Section 10A:21-3.2 - Written reports regarding release of an inmate from custody

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Written reports regarding the release of an inmate from custody shall be provided in accordance with 30:4-6.1, 82.4 and 123.53a.
(b) No less than 90 calendar days before the date on which an inmate's maximum term is scheduled to expire, the Assistant Commissioner or designee shall provide written notification of the inmate's status to the Attorney General and the prosecutor of the county from which the inmate was committed when:
1. The inmate's term includes a sentence imposed for conviction of aggravated sexual assault, sexual assault or aggravated criminal sexual contact, and the court imposing sentence found that the offender's conduct was characterized by a pattern of repetitive, compulsive behavior;
2. The Administrator of the facility in which the inmate has been confined has advised the Commissioner or designee that the conduct of the inmate during the period of confinement, the inmate's mental condition, or the inmate's past history indicates that the inmate may be in need of involuntary commitment pursuant to 30:4-27.2; or
3. The inmate's term includes a sentence imposed for conviction of a "sexually violent offense" as defined in 30:4-27.2 6.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 21 - REPORTS › Subchapter 4 - WRITTEN REPORTS OF THE CRITICAL ILLNESS OR DEATH OF AN INMATE › Section 10A:21-4.1 - Written reports regarding the critical illness or death of an inmate

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Notification to the inmate's next of kin of an inmate's critical illness or death shall be in accordance with N.J.A.C. 10A:16-7.
(b) Written reports of the death of an inmate shall be provided to the prosecutor of the county from which the inmate was committed by the Administrator or designee of the correctional facility that maintains the inmate's classification and medical files as soon as possible on the next business day after the death of the inmate.
(c) Written reports of the death of an inmate shall be provided to the Supervisor, Health Services Unit via facsimile.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 21 - REPORTS › Subchapter 5 - REPORTS OF UNUSUAL INCIDENTS OR EVENTS › Section 10A:21-5.1 - Preliminary inquiry

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When an Administrator or designee becomes aware of the occurrence of an unusual incident or event, he or she shall notify the Special Investigations Division which shall make an immediate preliminary inquiry to determine the facts in the case.
(b) If there is a delay in the arrival of a staff member from the Special Investigations Division, the Administrator or designee shall assign a custody supervisor with a rank not lower than sergeant to secure and/or cordon off the location of the incident or event, when appropriate.
(c) No one, including non-custody staff and custody staff, shall be permitted access to the secured area and nothing shall be touched, moved, or destroyed until the staff from the Special Investigations Division has completed the examination of the secured area, or has provided authorization for other staff to access the area.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 21 - REPORTS › Subchapter 5 - REPORTS OF UNUSUAL INCIDENTS OR EVENTS › Section 10A:21-5.2 - Telephone reports within the Department of Corrections; reportable unusual incidents or events

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If, after the preliminary inquiry, it is the determination of the Administrator or designee that the incident or event is of such significance that the incident or event has the potential to disrupt the safe, secure or orderly operation of the correctional facility, or if the safe, secure or orderly operation of the correctional facility has been disrupted because of the incident or event, the Administrator or designee shall promptly contact the Assistant Commissioner, Division of Operations or designee and the Public Information Officer by telephone and give them a summary of:
1. What happened;
2. Persons involved;
3. The action taken; and
4. The current assessment of the situation.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 21 - REPORTS › Subchapter 5 - REPORTS OF UNUSUAL INCIDENTS OR EVENTS › Section 10A:21-5.3 - Telephone and written reports in the event of an escape

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pursuant to N.J.S.A. 30:4-6.1, all inmate escapes from custody and returns to custody following an escape from a medium or maximum security correctional facility shall be reported immediately by telephone whenever possible, followed by written notification within 48 hours, by the DOC Administrator or designee of the correctional facility in which the inmate(s) is confined, to the prosecutor of the county from which the inmate was committed and the prosecutor of the county in which the facility is located.
(b) All escapes from medium and maximum security correctional facilities and the subsequent capture and/or return of escapees shall be reported as soon as possible to the Administrative Office of the Courts (AOC) Assistant Director for Criminal Practice or AOC designee in accordance with internal management procedures that are maintained by the DOC in consultation with the AOC.
(c) If an escape from a medium or maximum security correctional facility occurs during the evening, on a weekend or holiday, the DOC Administrator or designee shall notify the DOC Assistant Commissioner or designee, Division of Operations. In cases when contact cannot be made with the DOC Assistant Commissioner or designee, Division of Operations, attempts shall then be made to contact the DOC Commissioner or designee. Such an escape shall be reported as soon as possible to the AOC Assistant Director for Criminal Practice or AOC designee in accordance with internal management procedures that are maintained by the DOC in consultation with the AOC.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 21 - REPORTS › Subchapter 5 - REPORTS OF UNUSUAL INCIDENTS OR EVENTS › Section 10A:21-5.4 - Correctional facility liaison to outside law enforcement agencies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) At the direction of the Commissioner, Department of Corrections, the Special Investigations Division shall serve as the liaison to all outside law enforcement agencies.
(b) The liaison shall have the general responsibility of effecting a cooperative relationship with outside law enforcement agencies during investigations conducted and/or associated with a correctional facility. These outside law enforcement agencies shall include, but are not limited to:
1. County prosecutors;
2. State and local police agencies;
3. The New Jersey Division of Criminal Justice;
4. The Federal Bureau of Investigation;
5. U.S. Marshals Service; and
6. The United States Department of the Treasury.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 21 - REPORTS › Subchapter 5 - REPORTS OF UNUSUAL INCIDENTS OR EVENTS › Section 10A:21-5.5 - Telephone reports to outside law enforcement agencies; reportable unusual incidents and events

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Special Investigations Division shall promptly report by telephone to the appropriate county prosecutor, the following unusual incidents or events:
1. All inmate 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.) such as, but not limited to:
i. A homicide;
ii. A serious injury to an inmate(s) or staff member(s);
iii. A suspicious death;
iv. The taking of a hostage(s);
v. A sexual assault;
vi. An escape from a secure or self-contained unit; or
vii. A return to a secure or self-contained unit following an escape;
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 21 - REPORTS › Subchapter 5 - REPORTS OF UNUSUAL INCIDENTS OR EVENTS › Section 10A:21-5.6 - Observers from law enforcement agencies

Current through Register Vol. 56, No. 14, July 15, 2024
If, based upon information received in the telephone account of the unusual incident or event, the county prosecutor, State Police Commander and/or the New Jersey Division of Criminal Justice liaison decide to send an observer to the correctional facility, the Administrator shall have the observer met by an investigator from the Special Investigations Division for a briefing of the situation.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 21 - REPORTS › Subchapter 5 - REPORTS OF UNUSUAL INCIDENTS OR EVENTS › Section 10A:21-5.7 - Correctional facility cooperation with investigation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Determinations regarding assistance in investigations by outside law enforcement agencies shall be made by the Commissioner, New Jersey Department of Corrections or designee.
(b) If it is determined that an investigation is warranted, the Administrator of the correctional facility or designee shall be responsible for ensuring that all involved parties to an incident or event including custody staff, non-custody staff and inmates are available for interviews, if so requested, by representatives of the Special Investigations Division, the New Jersey State Police, the New Jersey Division of Criminal Justice or the county prosecutor's office until such time as the investigation is completed.
(c) All information relative to the incident or event shall be shared with outside law enforcement agencies in order to facilitate an accurate, timely and complete investigation.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 21 - REPORTS › Subchapter 5 - REPORTS OF UNUSUAL INCIDENTS OR EVENTS › Section 10A:21-5.8 - Written reports

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Within 24 hours following the occurrence of an unusual incident or event, the Departmental staff member, contract vendor personnel, or volunteer who witnessed or was involved in an unusual incident or event shall prepare and submit a written report to the Administrator or designee at the correctional facility or Office of Community Programs, or Office of Volunteer Services, as appropriate.
(b) Within 24 hours following the occurrence of an unusual incident or event, the Administrator or designee shall prepare and submit a written report to the Commissioner or designee, New Jersey Department of Corrections, with copies to:
1. The Assistant Commissioner, Division of Operations;
2. The Assistant Commissioner, Division of Programs; and
3. The Chief Investigator of the Special Investigations Division.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 21 - REPORTS › Subchapter 5 - REPORTS OF UNUSUAL INCIDENTS OR EVENTS › Section 10A:21-5.9 - Dissemination of reporting procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each correctional facility shall be responsible for developing written internal management procedures and post orders that are consistent with this subchapter.
(b) Copies of the written internal management procedures and/or post orders regarding the reporting of unusual incidents or events shall be disseminated to all supervisory custody personnel.
(c) Copies of the internal management procedures and post orders shall be maintained at the Center Control.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 21 - REPORTS › Subchapter 8 - REPORTING VIOLATIONS OF THE CRIMINAL STATUTES › Section 10A:21-8.1 - Role of the prosecutor's office

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The county prosecutor's office is responsible for prosecuting violations of the criminal statutes. Decisions concerning prosecution are within the purview of that office.
(b) Prosecutors who have questions with respect to this subchapter should contact the Prosecutor's Advisory Unit in the New Jersey Division of Criminal Justice.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 21 - REPORTS › Subchapter 8 - REPORTING VIOLATIONS OF THE CRIMINAL STATUTES › Section 10A:21-8.2 - Reportable suspected violations of criminal statutes

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Special Investigations Division shall be responsible for ensuring that the following suspected violations of criminal statutes are reported in writing to the prosecutor of the county in which the correctional facility is located, if the act occurred in, or on the grounds of a correctional facility, or to the county prosecutor where the suspected violation of the criminal statutes occurred:
1. All acts committed by inmates, staff, volunteers, or visitors, which could constitute offenses of the first, second, third or fourth degree under the New Jersey Criminal Statutes or the Controlled Dangerous Substance Act, 24:21-1 et seq.;
2. Simple assaults committed by inmates, staff, volunteers or visitors, which become aggravated assaults if committed upon any law enforcement officer acting in the performance of his or her duties while in uniform or while exhibiting evidence of his or her authority, pursuant to N.J.S.A. 2C:12-1a and b;
3. Any act which would constitute an indictable offense under the Controlled Dangerous Substance Act; or
4. The introduction of, or providing an inmate with, any weapon, tool, electronic communication device or peripheral, or other item which could be used in an escape.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 21 - REPORTS › Subchapter 8 - REPORTING VIOLATIONS OF THE CRIMINAL STATUTES › Section 10A:21-8.3 - Suspected violations of criminal statutes that may, but need not be reported

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following violations of criminal statutes may, but need not be reported by the Special Investigations Division to the county prosecutor in which the correctional facility is located, or to the county prosecutor where the suspected violation of the criminal statutes occurred:
1. Possession or introduction of contraband unless said contraband constitutes an implement of escape or unless said contraband would constitute an indictable offense under the Controlled Dangerous Substance Act; or
2. Any act which would constitute a disorderly or petty disorderly persons offense under the New Jersey Criminal Statutes.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 21 - REPORTS › Subchapter 8 - REPORTING VIOLATIONS OF THE CRIMINAL STATUTES › Section 10A:21-8.5 - Special Investigations Division reporting procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Special Investigations Division shall be responsible for investigating and preparing written investigative reports upon the occurrence of incidents and events as established in this chapter.
(b) The Special Investigations Division shall ensure that reports regarding all inmate 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.) requiring written prosecutor notification shall be timely forwarded to the appropriate county prosecutor.
(c) Any additional pertinent information compiled subsequent to the primary investigative report shall be forwarded by the Special Investigations Division to the appropriate Prosecutor as expeditiously as possible.
(d) The Special Investigations Division shall be responsible to ensure that all investigative reports shall be made available upon request to the Commissioner or designee.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 22 - RECORDS › Subchapter 1 - GENERAL PROVISIONS › Section 10A:22-1.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of this chapter is to set forth provisions for:
1. The release and examination of inmate records;
2. The expungement or sealing of inmate records; and
3. Requests for government records pursuant to 47:1A-1 et seq.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 22 - RECORDS › Subchapter 1 - GENERAL PROVISIONS › Section 10A:22-1.3 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise:
"Custodian" or "custodian of records" means any individual appointed by the Commissioner to administer the provisions of the Open Public Records Act in the Department of Corrections.
"Data file" means a collection of data stored on a computer.
"Government record" or "record" means any paper, written or printed book, document, drawing, map, plan, photograph, microfilm, data processed or image processed document, information stored or maintained electronically or by sound-recording or in a similar device, or any copy thereof, that has been made, maintained or kept on file in the course of official business by any officer, commission, agency or authority of the State or of any political subdivision thereof, including subordinate boards thereof, or that has been received in the course of official business by any such officer, commission, agency, or authority of the State or of any political subdivision thereof, including subordinate boards thereof. The terms shall not include inter-agency or intra-agency advisory, consultative, or deliberative material. A government record shall not include information which is deemed to be confidential in accordance with 47:1A-1 et seq.
"Open Public Records Act" or "OPRA" means 47:1A-1 et seq. as amended and supplemented.
"Request" means a written request, sufficiently clear to understand the information being sought.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 22 - RECORDS › Subchapter 1 - GENERAL PROVISIONS › Section 10A:22-1.4 - Forms

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following form related to a request for a government record shall be obtained from the Department of Corrections record custodian, the Department of Corrections website at
http://www.state.nj.us/corrections
, or at correctional facilities:
1. Form 110 Department of Corrections Request for Government Records.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 22 - RECORDS › Subchapter 1 - GENERAL PROVISIONS › Section 10A:22-1.5 - Identity theft prevention and reporting

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pursuant to the Identity Theft Prevention Act at 56:11-44 et seq. and definitions relative to the security of personal information at 56:8-161, in order to prevent identity theft, Departmental staff shall be responsible for safeguarding "personal information" as this term is defined in 10A:1-2.2. Additionally, Departmental staff shall be responsible for taking reasonable steps to ensure that all records containing personal information are not lost, stolen, inappropriately accessed or released, and for complying with any related internal management procedures.
(b) In the event that an incident that may constitute a breach of security is suspected or discovered, the staff member discovering the suspected breach of security shall report same to their immediate supervisor. Supervisory/administrative staff shall ensure that any such incident is reported through the administrative chain of command to the Commissioner. For purposes of rules regarding identity theft, "breach of security" means unauthorized access to electronic files, media or data containing personal information that compromises the security, confidentiality or integrity of personal information when access to the personal information has not been secured by encryption or by any other method or technology that renders the personal information unreadable or unusable. Good faith acquisition of personal information by an employee for a legitimate business purpose is not a breach of security, provided that the personal information is not used for a purpose unrelated to Departmental business or subject to further unauthorized disclosure.
(c) All reports related to identity theft shall be provided to the Commissioner or designee in accordance with internal management procedures. The Commissioner or designee shall report the incident of identity theft to the Department of Law and Public Safety, Division of State Police for investigation and handling as appropriate.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 22 - RECORDS › Subchapter 2 - GOVERNMENT RECORDS › Section 10A:22-2.1 - Information pertaining to a victim(s)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pursuant to 47:1A-2.2, a person convicted of any indictable offense under the laws of this State, any other state or the United States shall be denied access to a government record if the record contains personal information pertaining to the person's victim(s) or family member(s) of a victim(s).
(b) An exception to (a) above may be made only if a court, upon motion by the requester or his or her representative, has determined that the information is necessary to assist in the defense of the requester. The inmate or representative thereof shall submit the determination by the court to the custodian of records for review and release authorization determination.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 22 - RECORDS › Subchapter 2 - GOVERNMENT RECORDS › Section 10A:22-2.2 - Designation of custodian of records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Commissioner, Department of Corrections shall designate a custodian or alternate custodians as may be determined necessary and who shall be responsible for accepting requests for access to records held or controlled by the Department.
(b) Contact information for the custodian of records for the Department of Corrections is as follows:
1. Custodian of Records
Office of Legal and Regulatory Affairs
Department of Corrections
PO Box 863
Trenton, New Jersey 08625-0863; or
2. Department of Corrections website at
http://www.state.nj.us/corrections
, the State OPRA Central website at
http://www.state.nj.us/opra
and otherwise made available to the public.