reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 10 - INTERJURISDICTIONAL AGREEMENTS AND STATUTES › Subchapter 3 - INTERSTATE CORRECTIONS COMPACT › Section 10A:10-3.17 - Release/return of transferred inmate

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as established in (b) below, a transferred inmate from New Jersey shall be returned to New Jersey for a court appearance in which the inmate is named as a defendant or plaintiff or when subpoenaed, and for the opportunity for a reasonable amount of consultation with counsel in connection with such court proceedings.
(b) Court appearances may be arranged and provided through video teleconferencing (VTC) when equipment is available and operational and when the court is amenable to the use of VTC.
(c) An inmate may be returned to the sending state at the request of the receiving state due to behavior which poses a threat to the safe, secure, and orderly operation of the correctional facility in the receiving state. In such cases where the inmate is not charged with a prohibited act by the receiving state due to the expedited nature of the inmate's return, the sending state may charge the inmate based on such written reports and/or affidavits as are forwarded by the receiving state.
(d) A disciplinary report shall be prepared by the Office of Interstate Services as soon as possible after the return, but in any case, within no more than five business days of the inmate's return.
(e) All disciplinary procedures as stated in N.J.A.C. 10A:4 shall be followed with the exception that appeals shall be forwarded to the Office of the appropriate Assistant Commissioner, New Jersey Department of Corrections.
(f) Any inmate eligible for parole who is confined pursuant to the Interstate Corrections Compact shall be released within the sending state, unless the inmate and the sending and receiving states agree that the inmate will be paroled to a party who will provide supervision for the parolee under the Interstate Compact for Adult Supervision.
(g) Any inmate who has been returned to the sending state or maintained in the receiving state shall be released at the expiration of maximum sentence within the sending state, unless the receiving state and the sending state agree, in writing, that the inmate may be released within the receiving state.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 10 - INTERJURISDICTIONAL AGREEMENTS AND STATUTES › Subchapter 3 - INTERSTATE CORRECTIONS COMPACT › Section 10A:10-3.18 - Rights of parents or guardians

Current through Register Vol. 56, No. 14, July 15, 2024
The parents, guardian, trustee or other person or persons entitled under the statutes of the sending state to act for, advise or otherwise function with respect to any inmate shall not be deprived of or restricted in exercising any power with respect to any inmate confined pursuant to the terms of the Interstate Corrections Compact.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 10 - INTERJURISDICTIONAL AGREEMENTS AND STATUTES › Subchapter 3 - INTERSTATE CORRECTIONS COMPACT › Section 10A:10-3.19 - Escapees and transportation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An inmate who escapes from a correctional facility in which the inmate is confined pursuant to the Interstate Corrections Compact shall be deemed a fugitive from the sending state and from the state in which the correctional facility is located.
(b) In the case of an escape to a jurisdiction other than the sending or receiving state, the responsibility for initiating extradition or rendition proceedings shall be that of the sending state, but nothing contained herein shall be construed to prevent or affect the activities of officers and agencies of any jurisdiction directed toward the apprehension and return of an escapee.
(c) Authorized transportation officers of the sending state shall be permitted to transport inmates pursuant to the Interstate Corrections Compact through any and all United States territories or states without interference.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 10 - INTERJURISDICTIONAL AGREEMENTS AND STATUTES › Subchapter 4 - AGREEMENT ON DETAINERS › Section 10A:10-4.1 - Statutory authority

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
									2A:159A-1 et seq. sets forth the Interstate Agreement on Detainers (IAD). The Interstate Agreement on Detainers is intended to:
1. Encourage the orderly, expeditious disposition of an untried indictment, information or complaint, which has been lodged against a prisoner by any other state that is a party to the Agreement; and
2. Provide cooperative procedures for securing the transfer of an inmate to or from a receiving state.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 10 - INTERJURISDICTIONAL AGREEMENTS AND STATUTES › Subchapter 4 - AGREEMENT ON DETAINERS › Section 10A:10-4.2 - 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:
"Detainer" means a notification filed with the correctional facility in which the inmate is serving a sentence, advising that the inmate is wanted to face a pending criminal charge in another jurisdiction. The detainer must be based on an untried indictment, information, or complaint, an escape warrant based on an indictment, and must charge the individual with commission of a criminal offense. The detainer shall not include a charge for probation or parole violation, any matter related to the U.S. Immigration and Customs Enforcement (ICE), or any warrant to return an inmate to another jurisdiction solely for sentencing purposes.
"IAD" means the Interstate Agreement on Detainers.
"Receiving state" is the state in which the untried criminal charge(s) is pending. The receiving state may be the United States of America, the District of Colombia, or any State or territory that has codified the Agreement on Detainers Act into its statutes.
"Sending state" is the state in which the inmate is incarcerated at the time either the inmate initiates a request for final disposition of a detainer filed by a receiving state or the request for custody of the inmate is initiated by the prosecuting authority in the receiving state. All references to "sending state" in this subchapter shall mean the State of New Jersey.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 10 - INTERJURISDICTIONAL AGREEMENTS AND STATUTES › Subchapter 4 - AGREEMENT ON DETAINERS › Section 10A:10-4.3 - Eligibility criteria for the Interstate Agreement on Detainers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Interstate Agreement on Detainers may be utilized by an inmate in the sending state, or a prosecuting authority in a receiving state, provided the following criteria has been established:
1. A detainer from the receiving state has been filed with the correctional facility in which the inmate is incarcerated;
2. The inmate against whom the detainer has been filed is serving a term of imprisonment for a criminal conviction;
3. The inmate against whom the detainer has been filed is not adjudged to be mentally ill; and
4. The detainer is based on an untried indictment, information or complaint that charges the inmate with the commission of a criminal offense.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 10 - INTERJURISDICTIONAL AGREEMENTS AND STATUTES › Subchapter 4 - AGREEMENT ON DETAINERS › Section 10A:10-4.4 - Receipt of detainer

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following action shall be taken by the correctional facility upon receipt of a detainer filed by a receiving state:
1. The Administrator or designee shall advise the inmate of the right to dispose of the detainer(s) under the IAD, and shall ensure that an original and two copies of Form I Notice of Untried Indictment, Information or Complaint and of Right to Request Disposition, are provided to the inmate. A separate Form I shall be completed for each receiving state that has filed a detainer against the inmate;
2. The inmate shall sign Form I and indicate whether to dispose of the charge(s); and
3. The classification officer shall ensure that Form I is copied and distributed in accordance with the instructions printed on the form.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 10 - INTERJURISDICTIONAL AGREEMENTS AND STATUTES › Subchapter 4 - AGREEMENT ON DETAINERS › Section 10A:10-4.5 - Inmate request for transfer

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In accordance with the provisions of the IAD, an inmate may request disposition of a detainer which has been lodged against the inmate by a receiving state.
(b) The following action shall be taken if the inmate indicates a desire to dispose of the detainer(s):
1. The inmate shall complete Form II Inmate's Notice of Place of Imprisonment and Request for Disposition of Indictments, Informations and Complaints;
2. Staff designated by the Administrator shall complete Form III Certificate of Inmate Status and Form IV Offer to Deliver Temporary Custody; and
3. The classification officer shall ensure that Forms II, III, and IV are copied, distributed, and promptly transmitted in accordance with the instructions printed on the forms and, as follows:
i. Forms II, III, and IV shall be sent to the prosecuting official and the clerk of the court having jurisdiction over the matter in the receiving state by registered or certified mail, return receipt requested; and
ii. Forms II, III, and IV shall be sent to any other prosecutor in the receiving state who has lodged a detainer against the inmate.
4. The classification officer and the prosecuting authority in the receiving state shall determine a date and time for transfer of the inmate to the receiving state;
5. The classification officer shall ensure that completed Form VI Evidence of Agent's Authority to Act for Receiving State and Form VII Prosecutor's Acceptance of Temporary Custody offered in Connection with a Prisoner's Request for Disposition of a Detainer, have been obtained from the prosecuting authority in the receiving state prior to the transfer of the inmate to the receiving state; and
6. The Commissioner, or designee, shall be advised when a New Jersey inmate is being transferred, pursuant to the Act.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 10 - INTERJURISDICTIONAL AGREEMENTS AND STATUTES › Subchapter 4 - AGREEMENT ON DETAINERS › Section 10A:10-4.6 - Request for temporary custody of an inmate

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In accordance with the provisions of the IAD, a prosecuting authority in a receiving state may request temporary custody of a New Jersey State prison inmate for the purpose of bringing the inmate to trial.
(b) The request for temporary custody shall be initiated when the prosecuting authority in the receiving state serves a completed Form V Request for Temporary Custody on the Administrator of the facility in which the inmate is confined.
(c) If the inmate's parole date is imminent at the time Form V is received by the Administrator, the classification officer shall contact the prosecutor who filed Form V and request that transfer of the inmate be postponed and/or that the prosecutor proceed under other authority, for example, the Uniform Criminal Extradition Act, to obtain custody of the inmate. A parole date is imminent if, at the time Form V is received by the Administrator, there is insufficient time to reasonably complete the trial prior to the inmate's parole date.
(d) If the prosecutor does not withdraw the request to obtain temporary custody of the inmate under the IAD on the basis of an imminent parole date, the classification officer shall:
1. Ensure that certified copies of the inmate's fingerprint card, photograph and physical description, and complaint and arrest warrant related to the detainer(s), are received from the prosecutor;
2. Ensure that the inmate has received a copy of Form V;
3. Provide a copy of Form V to the Office of the Governor;
4. Provide a copy of Form III to the prosecutor who initiated the request for temporary custody; and
5. Provide a copy of Form III to any other prosecuting authority in the receiving state that has lodged a detainer against the inmate.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 10 - INTERJURISDICTIONAL AGREEMENTS AND STATUTES › Subchapter 4 - AGREEMENT ON DETAINERS › Section 10A:10-4.7 - Time for trial

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The provisions of the IAD require that trials be conducted in the receiving state in accordance with the following:
1. An inmate who has requested transfer to the receiving state to dispose of a detainer(s) shall be brought to trial within 180 calendar days of the receipt of Form II by the prosecuting authority, unless an extension of time has been granted by the court having jurisdiction over the pending charges, for good cause shown.
2. A prosecuting authority that has requested and received temporary custody of an inmate shall bring the inmate to trial on the charge(s) within 120 calendar days of the inmate's arrival in the receiving state, unless an extension of time has been granted by the court having jurisdiction over the pending charges, for good cause shown.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 10 - INTERJURISDICTIONAL AGREEMENTS AND STATUTES › Subchapter 4 - AGREEMENT ON DETAINERS › Section 10A:10-4.8 - Service of sentence

Current through Register Vol. 56, No. 14, July 15, 2024
An inmate's New Jersey State prison sentence continues to be served during the time the inmate is in the temporary custody of a receiving state pursuant to the IAD. Any good time earned by the inmate shall be in accordance with the laws of the State of New Jersey.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 10 - INTERJURISDICTIONAL AGREEMENTS AND STATUTES › Subchapter 4 - AGREEMENT ON DETAINERS › Section 10A:10-4.9 - Failure to comply with the terms of the IAD

Current through Register Vol. 56, No. 14, July 15, 2024
If the receiving state does not resolve the detainer(s) which it has filed against the inmate within the time periods set forth in the IAD, and no continuance has been granted by the court, the detainer(s) shall not operate to bar the inmate from obtaining reduced custody status upon the inmate's return to a facility of the New Jersey Department of Corrections. See 10A:9-4.6.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 10 - INTERJURISDICTIONAL AGREEMENTS AND STATUTES › Subchapter 4 - AGREEMENT ON DETAINERS › Section 10A:10-4.10 - Escape from custody

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An inmate's escape from custody subsequent to the execution of Form II in accordance with 10A:10-4.5(b)  shall void the request for disposition of the detainer.
(b) Upon return to custody, an inmate who wishes to dispose of a detainer in accordance with 10A:10-4.5 shall execute a new Form II.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 10 - INTERJURISDICTIONAL AGREEMENTS AND STATUTES › Subchapter 4 - AGREEMENT ON DETAINERS › Section 10A:10-4.11 - Written procedures

Current through Register Vol. 56, No. 14, July 15, 2024
The Administrator or designee of each correctional facility shall develop internal management procedures consistent with this subchapter and shall review these procedures on an annual basis to ensure continued compliance with the IAD.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 10 - INTERJURISDICTIONAL AGREEMENTS AND STATUTES › Subchapter 5 - EXTRADITION › Section 10A:10-5.1 - Statutory authority

Current through Register Vol. 56, No. 14, July 15, 2024
2A:160-6 et seq. sets forth the Uniform Criminal Extradition Act. The Uniform Criminal Extradition Act provides for an agreement between the executive authorities of two or more cooperative states to provide for the transference of custody of an inmate from the sending state to a receiving state for purposes of disposing of outstanding indictments, informations and/or complaints or for sentencing. The agreement provides for the return of an inmate to the sending jurisdiction from the receiving jurisdiction after the terms of the agreement are satisfied.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 10 - INTERJURISDICTIONAL AGREEMENTS AND STATUTES › Subchapter 5 - EXTRADITION › Section 10A:10-5.2 - Request for extradition and related document handling

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The request for extradition of an inmate/parole violator shall be initiated by the Office of Interstate Services (OIS), New Jersey Department of Corrections or the Office of Interstate Services (OIS), New Jersey State Parole Board upon notice of an out-of-State arrest and upon the determination that the inmate/parole violator is wanted and has refused to waive.
(b) When returning an inmate/parole violator to the State of New Jersey, the number of complete sets of documents which shall be executed shall conform to the requirements of the sending state from which extradition is requested. This information is available in the Directory of the National Association of Extradition Officials.
(c) When returning an inmate/parole violator to the State of New Jersey, the petition for extradition with supporting documentation shall be forwarded by the Administrator or designee to the Extradition Secretary, Division of Criminal Justice, PO Box 085, 25 Market Street, 5th Floor, West Wing, Trenton, New Jersey 08625.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 10 - INTERJURISDICTIONAL AGREEMENTS AND STATUTES › Subchapter 5 - EXTRADITION › Section 10A:10-5.3 - Role of the classification officer

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When rendering an inmate who is under the custody of the New Jersey Department of Corrections to a receiving state, the highest ranking classification officer or designee shall be responsible for:
1. Monitoring the status of the extradition case while the inmate is in temporary custody; and
2. If applicable, ensuring the appropriate warrants are received from the receiving state prior to returning the inmate to that state.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 10 - INTERJURISDICTIONAL AGREEMENTS AND STATUTES › Subchapter 5 - EXTRADITION › Section 10A:10-5.4 - Exceptions to the mandatory use of the Uniform Criminal Extradition Act

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When an inmate in the custody of the New Jersey Department of Corrections is to be released to an out-of-State detainer and/or commitment detainer, the Uniform Criminal Extradition Act may not be invoked by the highest ranking classification officer or designee in the following instances:
1. Under Article III, Interstate Agreement on Detainers, when the out-of-State commitment detainer was filed as a result of temporary custody granted to out-of-State prosecuting agencies to dispose of the indictment at the inmate's request as evidenced by a signed Form II;
2. When released to Federal jurisdiction/Federal U.S. Marshals upon presentation of appropriate identification and the appropriate writ signed by a Federal judge; or
3. When material witness requests are received by the New Jersey Department of Corrections from out-of-State authorities and/or from the Federal government. No extradition is required for an inmate as a material witness who has signed the appropriate consent form prepared by the New Jersey Office of the Attorney General.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 10 - INTERJURISDICTIONAL AGREEMENTS AND STATUTES › Subchapter 6 - INTERNATIONAL TRANSFER › Section 10A:10-6.1 - 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:
"Assurance" means a special condition concerning the confinement and/or release of an offender which must be met prior to the release of the offender.
"Offender" means a person convicted of a criminal offense pursuant to the laws of New Jersey.
"Receiving state" means the jurisdiction to which the offender is to be transferred.
"Sending state" means the jurisdiction from which the offender is to be transferred.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 10 - INTERJURISDICTIONAL AGREEMENTS AND STATUTES › Subchapter 6 - INTERNATIONAL TRANSFER › Section 10A:10-6.2 - Commissioner's authority

Current through Register Vol. 56, No. 14, July 15, 2024
30:7D-1 authorizes the Commissioner, Department of Corrections, to transfer offenders having foreign citizenship status to countries of citizenship, provided that a treaty exists between the United States and the foreign country.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 10 - INTERJURISDICTIONAL AGREEMENTS AND STATUTES › Subchapter 6 - INTERNATIONAL TRANSFER › Section 10A:10-6.3 - Eligibility criteria for international transfer

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Offenders must meet all of the following criteria before they may be considered for an international transfer:
1. The offender must be a citizen of the receiving state;
2. The offender must consent to transfer to the receiving state;
3. The offense of the offender must constitute a criminal offense under the laws of the receiving state;
4. The offender shall not have, at the time of the application, less than 12 months remaining on the sentence;
5. The offender shall not have collateral attacks or appeals on the sentence and/or conviction pending;
6. All other provisions of the imposed sentence such as fines, restitution and penalties shall be paid in full;
7. The offender shall not have detainers, lodged in a state of the United States, wanted notices based on criminal convictions, indictments, informations, complaints and/or parole or probation violation allegations pending; and
8. The offender must meet all of the eligibility requirements of the treaty with the receiving state.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 10 - INTERJURISDICTIONAL AGREEMENTS AND STATUTES › Subchapter 6 - INTERNATIONAL TRANSFER › Section 10A:10-6.4 - Role of the classification officer

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The highest ranking classification officer or designee of each correctional facility shall be provided with the eligibility requirements of each Prisoner Transfer Treaty.
(b) The highest ranking classification officer or designee shall forward Form I-Transfer Inquiry, to all inmates identified as having national or citizenship status in a party nation.
(c) When the inmate receives Form I-Transfer Inquiry, the offender shall:
1. Indicate that the inmate is interested in pursuing a transfer by signing Form I and returning it to the highest ranking classification officer or designee along with proof of citizenship; or
2. Indicate that the inmate is not interested in pursuing a transfer by returning Form I to the highest ranking classification officer or designee without proof of citizenship.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 10 - INTERJURISDICTIONAL AGREEMENTS AND STATUTES › Subchapter 6 - INTERNATIONAL TRANSFER › Section 10A:10-6.5 - Role of the Administrator of the correctional facility

Current through Register Vol. 56, No. 14, July 15, 2024
The Administrator shall sign Form III-Notice Regarding International Prisoner Transfer, and forward the application and the material required in 10A:10-6.4(e), in triplicate, to the Office of Interstate Services, New Jersey Department of Corrections.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 10 - INTERJURISDICTIONAL AGREEMENTS AND STATUTES › Subchapter 6 - INTERNATIONAL TRANSFER › Section 10A:10-6.6 - Role of Office of Interstate Services

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Office of Interstate Services shall:
1. Investigate the request to ensure that all eligibility requirements are met;
2. Request a records check to verify records listed in 10A:10-6.3(a)8;
3. Review application and materials for completeness and compliance with treaty terms;
4. Develop and recommend assurances, where indicated; and
5. Provide written notification of the transfer request to the:
i. Attorney General's Office;
ii. State Police;
iii. Prosecutor; and
iv. Sentencing court.
6. Receive objections or other comments on the transfer request from persons and agencies listed in (a)5 above for 30 calendar days following notification.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 10 - INTERJURISDICTIONAL AGREEMENTS AND STATUTES › Subchapter 6 - INTERNATIONAL TRANSFER › Section 10A:10-6.7 - Role of the Commissioner, New Jersey Department of Corrections

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Commissioner, Department of Corrections, shall review the inmate's international transfer application and materials to determine the approval or disapproval of the application. If the application is approved, the application and materials shall be forwarded to the Office of the Governor for authorization to transfer.
(b) The Office of Interstate Services shall notify the officers of the Attorney General, the State Police, and the sentencing court judge(s) and prosecutor(s) of the decision of the Governor relative to authorization of an inmate's application for international transfer.
(c) Applications which are not approved by the Commissioner will be returned to the Office of Interstate Services with a copy to the sending correctional facility and the inmate shall be notified by the Administrator or designee. The Office of Interstate Services shall notify the offices of the Attorney General, the State Police, and the sentencing court judge(s) and prosecutor(s) of the decision of the Commissioner to disapprove an application for interstate transfer.
(d) A decision to disapprove an application for international transfer may be appealed to the Commissioner. The appeal shall be filed in writing within 45 calendar days of the inmate's receipt of the Commissioner's decision.
(e) An appeal filed by the inmate shall be submitted in writing within 45 calendar days of the inmate's receipt of the Commissioner's application decision.
(f) The Commissioner shall consider the appeal filed pursuant to this section, and provide the inmate with the final decision of the Department of Corrections, in writing, within 45 calendar days of the receipt of the appeal.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 10 - INTERJURISDICTIONAL AGREEMENTS AND STATUTES › Subchapter 6 - INTERNATIONAL TRANSFER › Section 10A:10-6.8 - Referral to the United States Department of Justice, Office of International Affairs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon receipt of the Governor's authorization for international transfer, the application and materials shall be forwarded to the United States Department of Justice, Office of International Affairs, by the New Jersey Department of Corrections, Office of Interstate Services.
(b) The Office of Interstate Services shall notify the inmate, the sending Administrator and the Office of the Governor of the decision on the application for international transfer.
(c) All arrangements relative to the treaty process and proposed assurances shall be negotiated between the Office of Interstate Services and the United States Department of Justice, Office of International Affairs. The Office of Interstate Services shall notify the Office of the Governor of the results of the negotiated arrangements.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 10 - INTERJURISDICTIONAL AGREEMENTS AND STATUTES › Subchapter 6 - INTERNATIONAL TRANSFER › Section 10A:10-6.9 - Transfer of offender

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the inmate is accepted for international transfer by the United States Department of Justice, Office of International Affairs, the offender shall be transported by the Department of Corrections to the Federal District Court for purposes of a verification hearing to ensure that the offender consents to the international transfer.
(b) Jurisdiction over the offender shall thereafter be relinquished to the United States Department of Justice.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 10 - INTERJURISDICTIONAL AGREEMENTS AND STATUTES › Subchapter 7 - NOTIFICATION OF FOREIGN CONSULS WHEN FOREIGN NATIONALS ARE IMPRISONED › Section 10A:10-7.1 - Statutory authority

Current through Register Vol. 56, No. 14, July 15, 2024
The Vienna Convention on Consular Relations of 1963, Art. 36, 37 and 42 establishes procedures for notifying a foreign consul in cases of arrest, imprisonment, appointment of a guardian, or death of a foreign national or a member of consulate staff.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 10 - INTERJURISDICTIONAL AGREEMENTS AND STATUTES › Subchapter 7 - NOTIFICATION OF FOREIGN CONSULS WHEN FOREIGN NATIONALS ARE IMPRISONED › Section 10A:10-7.2 - Notification of consular post

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When a foreign national has been committed to the custody of the Department of Corrections, the Administrator or designee of the reception correctional facility shall provide for the following during the initial intake process:
1. The foreign national inmate shall be advised of his or her right to notify the consular post of his or her country of origin.
2. The appropriate foreign consul of the foreign national inmate shall be notified in accordance with the Vienna Convention on Consular Relations (VCCR), certain bilateral agreements between the United States Department of State, Consular Notification and Access Instruction. Notification shall be provided by utilizing Form 849-I, Report of Imprisonment of a Foreign National, when:
i. The foreign national inmate is from a mandatory notification country or jurisdiction as established above; or
ii. When the foreign national inmate has requested that the appropriate foreign consul be notified.
3. If a member of the consulate staff of a foreign government has been committed to the custody of the New Jersey Department of Corrections, the head of the consulate post shall be notified, in writing, of the commitment of the consulate staff member. In the event the consulate staff member is the head of the post, the Office of Protocol, U.S. Department of State, Washington, D.C. shall be notified in writing.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 10 - INTERJURISDICTIONAL AGREEMENTS AND STATUTES › Subchapter 7 - NOTIFICATION OF FOREIGN CONSULS WHEN FOREIGN NATIONALS ARE IMPRISONED › Section 10A:10-7.3 - Visits and correspondence with a foreign national inmate

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A consular officer visit with a foreign national inmate shall be permitted in compliance with 10A:18-6.5, Special visits.
(b) A consular officer shall have the right to visit, converse, correspond and/or arrange for legal representation of a foreign national inmate. The consular officer shall refrain from taking action on behalf of a foreign national inmate if the inmate opposes such action.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 10 - INTERJURISDICTIONAL AGREEMENTS AND STATUTES › Subchapter 7 - NOTIFICATION OF FOREIGN CONSULS WHEN FOREIGN NATIONALS ARE IMPRISONED › Section 10A:10-7.4 - Appointment of a guardian or trustee

Current through Register Vol. 56, No. 14, July 15, 2024
If the foreign national inmate is a minor or is unable to understand his or her right due to a physical, medical or mental inability, the Administrator shall notify in writing the appropriate consular post of the necessity to appoint a guardian or trustee.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 10 - INTERJURISDICTIONAL AGREEMENTS AND STATUTES › Subchapter 7 - NOTIFICATION OF FOREIGN CONSULS WHEN FOREIGN NATIONALS ARE IMPRISONED › Section 10A:10-7.5 - Death of a foreign national inmate

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In the event of the death of a foreign national inmate while committed to the custody of the Department of Corrections, the following procedures shall be initiated in addition to applicable provisions of N.J.A.C. 10A:16-7, Critical Illness or Death of Inmates:
1. The correctional facility Center Control supervisor shall immediately notify the Administrator or designee and the Special Investigations Division;
2. The Administrator or designee shall immediately notify the appropriate consulate post, in writing, of the death of the foreign national inmate;
3. The Special Investigations Division shall submit a preliminary investigation report to the Division of Operations as soon as possible or by the end of business on the next business day; and
4. Division of Operations staff shall update the Offender Based Correctional Information System with the date of death of the foreign national inmate utilizing Form 849-IV, Death of an Offender.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 10 - INTERJURISDICTIONAL AGREEMENTS AND STATUTES › Subchapter 7 - NOTIFICATION OF FOREIGN CONSULS WHEN FOREIGN NATIONALS ARE IMPRISONED › Section 10A:10-7.6 - Written internal management procedures

Current through Register Vol. 56, No. 14, July 15, 2024
Each Department of Corrections facility responsible for the initial classification process of an inmate shall develop written internal management procedures consistent with the requirements of this subchapter.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 12 - INMATE GROUPS › Subchapter 1 - GENERAL PROVISIONS › Section 10A:12-1.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of this chapter is to establish provisions regarding:
1. The organization and operation of an inmate group(s); and
2. The formation, operation and activities of an Inmate Liaison Committee or alternative Inmate Liaison Committee.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 12 - INMATE GROUPS › Subchapter 1 - GENERAL PROVISIONS › Section 10A:12-1.3 - 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:
"Inmate group" means a group of inmates organized to form a recognizable unit that is approved by the correctional facility administration and authorized to provide a beneficial service to the inmate population and/or others.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 12 - INMATE GROUPS › Subchapter 2 - ORGANIZATION OF INMATE GROUPS › Section 10A:12-2.1 - Authority and responsibilities of the Administrator

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Administrator or designee shall approve, disapprove or limit the formation and/or activities of an inmate group consistent with the provisions of this chapter and any applicable internal management procedures regarding discipline, order, safety, sanitation and security.
(b) The Administrator or designee shall give a proposed inmate group written notice of approval or disapproval to formulate and/or conduct an activity(ies) as soon as possible after receiving the request. The Administrator or designee may request clarification to determine the purpose or mission of the group as deemed necessary prior to making a decision.
(c) The Administrator or designee shall also have the following responsibilities:
1. To maintain a copy of the request(s) of an inmate group;
2. To forward to the appropriate Assistant Commissioner any approved inmate group requests; and
3. To designate a staff member to serve as staff supervisor, coordinator or advisor to assist the inmate group, monitor activities and carry out other responsibilities as determined by the Administrator or designee.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 12 - INMATE GROUPS › Subchapter 2 - ORGANIZATION OF INMATE GROUPS › Section 10A:12-2.2 - Request to establish an inmate group

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An inmate group shall provide a beneficial service to a portion of the general inmate population and/or the community.
(b) A request to establish an inmate group shall be submitted in writing to the Administrator or designee and shall include:
1. The name of the group;
2. The purpose or mission statement for the group and information indicating whether there is a similar group already operating within another correctional facility or within the community;
3. A proposed plan for fulfilling the stated purpose or mission;
4. The types of activities the group will likely pursue, to include involvement with another group;
5. The benefits the group will provide to the inmate population;
6. The projected number of participants and criteria for participation;
7. The anticipated need for resources;
8. The anticipated sources of resources;
9. The anticipated utilization of resources;
10. The anticipated frequency of group meetings;
11. A statement setting forth that any unspent funds shall be transferred to the Inmate Welfare Fund in the event the inmate group is terminated or dissolved;
12. A statement setting forth plans for the disposition of any acquired noncash assets in the event the inmate group is terminated or dissolved;
13. A statement setting forth that all profits from concessions shall be deposited into the Inmate Welfare Fund; and
14. Information regarding inmate leadership positions, such as:
i. Duties;
ii. Terms of office;
iii. Manner of election; and
iv. Other proposed organizational structure.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 12 - INMATE GROUPS › Subchapter 2 - ORGANIZATION OF INMATE GROUPS › Section 10A:12-2.3 - Inmate groups participation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Inmate group participation shall be:
1. Voluntary, and
2. Restricted to inmates currently in the general population of the correctional facility in which the group has been established.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 12 - INMATE GROUPS › Subchapter 2 - ORGANIZATION OF INMATE GROUPS › Section 10A:12-2.4 - Management of assets and financial requirements for inmate groups

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The correctional facility Business Manager shall establish operating and bookkeeping procedures for documenting the cash assets of inmate groups and for the receipt and expenditure of inmate group funds in accordance with applicable internal management procedures.
(b) Inmate groups shall comply with the following:
1. Inmates elected to leadership positions shall serve without compensation or remuneration of any kind;
2. Inmate groups shall not be permitted to purchase food to sell for profit;
3. Inmate groups shall not engage in any profit-making enterprises or enter into contractual agreements without written approval from the Administrator and the appropriate Assistant Commissioner;
4. All profits derived from inmate group concessions where a buyer/seller relationship exists shall be appropriately documented and transferred into the Inmate Welfare Fund account no later than 60 calendar days after the end of each fiscal year;
5. Disbursements from inmate group concessions shall be restricted to operating expenditures only;
6. Inmate groups shall not exchange funds and/or materials with any other individuals, group(s) or organization(s);
7. Inmate groups must request and receive prior written approval from the Administrator or designee to solicit donations such as funds, assets or services;
8. Where applicable, the groups shall bear the cost of any supplies, services, or equipment; and
9. Upon termination or dissolution of an inmate group:
i. Unspent funds shall be transferred to the Inmate Welfare Fund; and
ii. The disposition of noncash assets shall be in accordance with the plans established by the group and approved by the Administrator.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 12 - INMATE GROUPS › Subchapter 2 - ORGANIZATION OF INMATE GROUPS › Section 10A:12-2.5 - Access to facility space and equipment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Inmate groups shall submit to the Administrator or designee a written request to use correctional facility space and/or equipment.
(b) Access to correctional facility space and equipment shall be at the discretion of the Administrator or designee based upon, but not limited to:
1. The availability of resources; and
2. The ability to maintain the secure and orderly operation of the correctional facility.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 12 - INMATE GROUPS › Subchapter 2 - ORGANIZATION OF INMATE GROUPS › Section 10A:12-2.6 - Records of activities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The inmate group shall submit a written monthly report to the designated correctional facility staff supervisor, coordinator or advisor of the inmate group summarizing the activities of the previous month and providing other information as required by the Administrator or designee.
(b) The correctional facility staff supervisor, coordinator or advisor of the inmate group shall review the report and submit the report to the Administrator or designee.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 12 - INMATE GROUPS › Subchapter 2 - ORGANIZATION OF INMATE GROUPS › Section 10A:12-2.7 - Searches

Current through Register Vol. 56, No. 14, July 15, 2024
Correctional facility space and/or equipment provided for inmate group use shall be subject to searches at any time in accordance with N.J.A.C. 10A:3-5.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 12 - INMATE GROUPS › Subchapter 2 - ORGANIZATION OF INMATE GROUPS › Section 10A:12-2.8 - Termination of inmate groups or group activities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Administrator or designee may suspend or terminate for "just cause" an inmate group and/or activity of an inmate group. "Just cause" shall include, but not be limited to:
1. Failure or inability to adhere to provisions established in this chapter;
2. Violation of a correctional facility rule;
3. Violation of a civil or criminal law; and/or
4. Any reason pertaining to the security, sanitation and/or orderly operation of the correctional facility.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 12 - INMATE GROUPS › Subchapter 2 - ORGANIZATION OF INMATE GROUPS › Section 10A:12-2.9 - Prohibited inmate groups

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department of Corrections prohibits the organization and operation of certain inmate groups such as, but not limited to:
1. A security threat group;
2. An inmate group that has been terminated pursuant to 10A:12-2.8; and
3. Any inmate group not organized and operating in compliance with this chapter.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 12 - INMATE GROUPS › Subchapter 3 - INMATE LIAISON COMMITTEE › Section 10A:12-3.1 - Function of the Inmate Liaison Committee

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An Inmate Liaison Committee may be established within each correctional facility or subunit within the main correctional facility in order to:
1. Act as a liaison between the correctional facility administration and the inmate population;
2. Provide the opportunity for inmates, through their representatives, to voice their comments and concerns on issues affecting the inmate population; and
3. Provide the opportunity for inmates, through their representatives, to submit information and recommendations on issues affecting the inmate population.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 12 - INMATE GROUPS › Subchapter 3 - INMATE LIAISON COMMITTEE › Section 10A:12-3.2 - Composition of the Inmate Liaison Committee

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An Inmate Liaison Committee shall be composed of:
1. Inmates who represent one or more housing units; and
2. Inmates who act as alternates to the inmates who represent one or more housing units.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 12 - INMATE GROUPS › Subchapter 3 - INMATE LIAISON COMMITTEE › Section 10A:12-3.3 - Constitution and bylaws of the Inmate Liaison Committee

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each Inmate Liaison Committee shall develop a constitution and bylaws which shall state the policies and procedures that govern the Committee's operations and shall be established in accordance with the provisions of this chapter.
(b) The constitution and bylaws shall include, but shall not be limited to:
1. Titles and associated duties of Committee representatives;
2. The election procedure for Committee representatives and alternate representatives; and
3. The standing committees and their respective functions.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 12 - INMATE GROUPS › Subchapter 3 - INMATE LIAISON COMMITTEE › Section 10A:12-3.4 - Meetings with the Inmate Liaison Committee

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The correctional facility Administrator or designee shall meet with the Inmate Liaison Committee not less than once a month. Other staff members shall meet with the Committee when it is appropriate or necessary and upon approval of the Administrator or designee.
(b) The minutes of Inmate Liaison Committee meetings shall be recorded and reviewed for accuracy by the correctional facility staff member who attends the meeting. Copies of the minutes shall be made available to the correctional facility administration and the inmate population.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 12 - INMATE GROUPS › Subchapter 3 - INMATE LIAISON COMMITTEE › Section 10A:12-3.5 - Access to facility office space

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Access to office space may be provided at the discretion of the Administrator or designee to the Inmate Liaison Committee for conducting Committee business:
1. When approved by the Administrator or designee;
2. When resources are available;
3. As scheduled at the discretion of the Administrator or designee; and
4. In accordance with correctional facility internal management procedures that maintain the safe, secure and orderly operation of the correctional facility.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 12 - INMATE GROUPS › Subchapter 3 - INMATE LIAISON COMMITTEE › Section 10A:12-3.6 - Designation of an alternative to the Inmate Liaison Committee

Current through Register Vol. 56, No. 14, July 15, 2024
The Administrator shall have the authority to designate an alternative to the Inmate Liaison Committee. In instances where a means of providing an alternate liaison between the correctional facility administration and the inmate population has been established, the Administrator shall submit written internal management procedures governing the existing alternative plan to the Office of the Commissioner or designee for written approval.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 13 - INMATE JOBS AND WAGES › Subchapter 1 - GENERAL PROVISIONS › Section 10A:13-1.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of this chapter is to establish policies and procedures for:
1. The maintenance of inmate job opportunities within all correctional facilities;
2. The standardization of inmate job titles and job wages; and
3. The establishment of an inmate job/wage variance process.