reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 35 - SPECIAL TREATMENT UNITS › Subchapter 2 - RIGHTS OF RESIDENTS › Section 10A:35-2.1 - Rights of residents

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Subject to the Sexually Violent Predator Act (SVPA), and any other provisions of law and the Constitution of New Jersey and the United States, a resident shall not be deprived of a civil right solely by reason of receiving treatment under the provisions of the SVPA. Treatment shall not modify or vary legal or civil rights including but not limited to, the right to register for and to vote in elections, or rights relating to the granting, forfeiture, or denial of a license, permit, privilege, or benefit pursuant to any law, except those rights related to providing a safe, secure facility or any appropriate concern.
(b) Every resident shall be entitled to all rights set forth in the SVPA and shall retain all rights not specifically denied in the SVPA.
1. A notice of the rights set forth in this subchapter shall be prominently posted in the STU and shall be given to every resident within five business days of the resident's admission;
2. The notice shall be in writing and in reasonably simple and understandable language;
3. For illiterate residents, residents not sufficiently conversant with the English language, or residents otherwise unable to read due to a physical/medical inability, an alternative method of communication, shall be provided explaining the notice of rights; and
4. The resident shall acknowledge receipt of this notice in writing and a staff member shall place a copy of this written receipt in the resident's files maintained by the Departments of Health and Corrections. If the resident refuses to acknowledge receipt of the notice, the person delivering the notice shall make a notation of the refusal on the receipt and a copy of the receipt shall be placed in the resident's files maintained by the Departments of Health and Corrections.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 35 - SPECIAL TREATMENT UNITS › Subchapter 2 - RIGHTS OF RESIDENTS › Section 10A:35-2.2 - Resident rights not subject to denial

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each resident shall have the following rights which shall not be denied under any circumstances:
1. The right to be free from unnecessary or excessive medication in accordance with pertinent statutes, standards of medical practice acceptable within the professional community, and applicable internal management procedures and/or policies;
2. The right not to be subjected to experimental research or treatment except as provided by court order, consent decree, or other legal process and with the expressed and informed consent of the resident after consultation with counsel or interested party of the resident's choice. Such consent shall be made in writing, a copy of which shall be placed in the appropriate file of the resident maintained by the Departments of Health and Corrections;
3. The right to confidential communications with the resident's attorney or the courts. The right to confidential communications with the resident's physician, except to the extent that communications are relevant to proceedings under the SVPA as determined by the court;
4. The right to be free from corporal punishment; and
5. The right to receive essential medical treatment as recommended by the health care provider.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 35 - SPECIAL TREATMENT UNITS › Subchapter 2 - RIGHTS OF RESIDENTS › Section 10A:35-2.3 - Resident rights subject to denial

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each resident shall have the following rights, which may be curtailed, suspended, or denied in accordance with internal management procedures and policies, and pursuant to N.J.A.C. 8:131-2.4(10A:35-2.4) when Department of Health clinical staff determines that such restrictions are consistent with the therapeutic goals of the resident, or when Department of Corrections staff determines that such restrictions are necessary to protect the resident, other residents, staff, general public, or property, or to ensure the safe, secure, and orderly operation of the facility, or for other good cause:
1. The right to privacy except as established at N.J.A.C. 8:131-4(10A:35-4) and the right to dignity;
2. The right to be free from unnecessary physical restraint; except for those situations where a resident has caused substantial property damage, has attempted or shown through threatening gestures or behaviors a substantial or imminent threat to harm self or others, or when other good cause exists indicating that less restrictive means of restraint are not feasible as determined by the Department of Corrections. In such an emergent situation, a resident may be physically restrained or placed in TCC or MAP status as defined in this chapter;
3. The right to the least restrictive conditions within the secure facility necessary to achieve the purposes of sex offender treatment that is recommended by the treatment team and necessary to ensure the safety of the residents, staff and the general public;
4. The right to wear his or her own clothes within the facility, pursuant to internal management procedures and/or policies applicable to all residents and based on safety and security concerns; to keep and use permissible personal property; and to have access to, and be allowed to spend a reasonable sum of his or her money for commissary or other purchases;
5. The right to have individual space for storage use;
6. The right to see visitors during regularly scheduled visit periods;
7. The right to have reasonable access to, and use of, telephones to have unmonitored conversations;
8. The right to have access to the purchase of letter writing materials, including stamps;
9. The right to send and receive correspondence;
10. The right to participate in physical exercise on a regularly scheduled basis;
11. The right to be outdoors at regular and frequent intervals, in the absence of medical considerations; and
12. The right to freedom of religious affiliation and voluntary religious worship; however, reasonable restrictions based upon the safe, secure, orderly operation of the facility may be imposed.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 35 - SPECIAL TREATMENT UNITS › Subchapter 2 - RIGHTS OF RESIDENTS › Section 10A:35-2.4 - Denial of a resident right

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The denial of a right established at N.J.A.C. 8:131-2.3(10A:35-2.3) shall be effective upon the approval of the DBHS Clinical Director or designee and/or the DOC Administrator or designee for a period not to exceed 30 calendar days, unless extended pursuant to N.J.A.C. 8:131-2.5(10A:35-2.5).
(b) The reason for the denial of the right shall be documented by the DBHS Clinical Director or designee and/or by the DOC Administrator or designee. The reason shall be provided to the resident, and entered in the resident's files maintained by the Departments of Health and Corrections as soon as practicable, within 72 hours after the denial is implemented.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 35 - SPECIAL TREATMENT UNITS › Subchapter 2 - RIGHTS OF RESIDENTS › Section 10A:35-2.5 - Continuation of the denial of a resident right

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The denial of any right may be continued for additional 30 calendar day periods when reviewed and approved by the DBHS Clinical Director or designee. The DOC Administrator or designee may be consulted as deemed appropriate by the DBHS Clinical Director or designee.
(b) A written statement indicating the detailed reason(s) for the continuation of the denial of the right(s) shall be provided to the resident by the DBHS Clinical Director or DOC Administrator or their designees, and entered in the resident's files maintained by the Departments of Health and Corrections as soon as practicable.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 35 - SPECIAL TREATMENT UNITS › Subchapter 2 - RIGHTS OF RESIDENTS › Section 10A:35-2.6 - Emergency denial of a resident right

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Resident rights established at N.J.A.C. 8:131-2.3(10A:35-2.3) may be denied in an emergency situation for a period not to exceed 72 hours in any instance in which the DBHS Clinical Director or DOC Administrator or their designees believe it is imperative to deny any right to avoid physical harm to the resident, other residents, staff, general public, property, or to ensure the safe, secure, and orderly operation of the facility.
(b) The emergency denial of a resident right shall take effect immediately. A written notice of the denial, which shall include an explanation of the reason for the denial, shall be given to the resident and placed in the resident's files maintained by the Departments of Health and Corrections as soon as practicable.
(c) The DBHS Clinical Director and DOC Administrator or their designees shall review each emergency denial of a right within 24 hours of the decision and shall place a written notice of the review in the resident's files maintained by the Departments of Health and Corrections within 24 hours of the review, excluding weekends and holidays.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 35 - SPECIAL TREATMENT UNITS › Subchapter 3 - PERSONAL PROPERTY › Section 10A:35-3.1 - Permissible and non-permissible property

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The resident shall be responsible for his or her own personal property and shall keep personal property at his or her own risk.
(b) The unit DOC Administrator or designee shall develop a written list of permissible personal property items and the number of permissible personal property items which may be retained in the possession of the resident.
(c) In the event an item is determined to be non-permissible or counter therapeutic, that item shall be removed from the possession of the resident and handled in accordance with resident personal property internal management procedures. For purposes of this section, non-permissible property means property that does not appear on the permissible property list, or exceeds the amount indicated on that list.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 35 - SPECIAL TREATMENT UNITS › Subchapter 3 - PERSONAL PROPERTY › Section 10A:35-3.2 - Handling of personal property confiscated within a Special Treatment Unit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When a resident arrives at a Special Treatment Unit reception area with items of personal property not authorized for retention or possession, the items shall be confiscated.
(b) The staff member making the confiscation shall give the resident an itemized, signed, and dated receipt for the property confiscated, and shall notify the resident that such items are not permitted, and that the resident has three business days, from the date of the confiscation, to appeal the classification of any or all items as non-permissible by submitting a grievance to the individual designated to process grievances, with the DOC Administrator or DBHS Clinical Director or their designees having final decision-making authority.
1. If it is determined that any or all of the items confiscated are permissible, they shall be returned to the resident.
2. If it is determined that any item is not permitted, the resident shall be given three business days to indicate which of the following means of disposal should be used with respect to the property. The property shall be:
i. Mailed to a designated relative or friend of the resident at the resident's expense;
ii. Given to a visitor for disposal;
iii. Donated by the resident to a charitable organization at the resident's expense; or
iv. Destroyed at the resident's request.
3. If the resident fails to indicate the desired disposition, the property shall be disposed of at the option of the DOC Administrator or DBHS Clinical Director.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 35 - SPECIAL TREATMENT UNITS › Subchapter 4 - SEARCHES OF RESIDENTS AND SPECIAL TREATMENT UNITS BY DOC CUSTODY STAFF › Section 10A:35-4.1 - Search plan

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Residents and facilities may be searched as provided by this subchapter for the purpose of controlling and deterring the introduction and concealment of contraband and to further the therapeutic goals.
(b) The facility shall develop and implement a comprehensive written search plan governing untargeted routine and random searches of residents and units. Each search plan shall be submitted to the Office of the Commissioner or designee, Department of Corrections for review and approval on or before February 15 of each year.
(c) The facility shall appoint a custody staff member of the rank of Correction Major as unit Search Plan Coordinator.
(d) The facility Search Plan Coordinator shall submit monthly data to the DOC Administrator or designee and the Indicator Report Coordinator. The data shall include, but not be limited to, information regarding searches completed and contraband recovered. The reported data shall be included in the Monthly Indicator Report.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 35 - SPECIAL TREATMENT UNITS › Subchapter 4 - SEARCHES OF RESIDENTS AND SPECIAL TREATMENT UNITS BY DOC CUSTODY STAFF › Section 10A:35-4.2 - Searches of residents and facilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All facility residential, work, therapy, training, visit and other areas to which residents have access shall be searched thoroughly for contraband on a routine and random basis. Searches shall be unannounced and irregularly timed, and may be limited to a specific building or area.
(b) Procedures to be utilized in conducting searches consistent with this subchapter shall be set forth in an internal management procedure prepared by the DOC Administrator or designee to be promulgated pursuant to the search plan required by N.J.A.C. 8:131-4.1(10A:35-4.1). Such procedures shall provide that a resident may be excluded from entry into an area being searched to facilitate the safe and effective performance of the search.
(c) Searches of residents shall be conducted in a professional and dignified manner, with maximum courtesy and respect for the resident's person, and under sanitary conditions.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 35 - SPECIAL TREATMENT UNITS › Subchapter 4 - SEARCHES OF RESIDENTS AND SPECIAL TREATMENT UNITS BY DOC CUSTODY STAFF › Section 10A:35-4.3 - Inspection of security devices

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All bars and sashes, locks, windows, doors, lock boxes and other security devices shall be inspected daily to detect any tampering or defect.
(b) Emergency keys shall be checked at least once every three months to determine that they work properly.
(c) Inspection of security devices shall be conducted continuously and systematically but scheduled to avoid an observable or predictable routine. The results of all inspections shall be submitted in writing to the shift commander for review by a Correction Major.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 35 - SPECIAL TREATMENT UNITS › Subchapter 4 - SEARCHES OF RESIDENTS AND SPECIAL TREATMENT UNITS BY DOC CUSTODY STAFF › Section 10A:35-4.4 - Use of scanning/testing devices

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Searches of residents, areas and objects by the use of scanning/testing devices may be conducted by custody staff routinely and randomly where necessary for security and therapeutic purposes. This may be, but is not limited to, a walk-through device or a handheld device which is passed over the fully clothed body of the resident.
(b) Scanning/testing device searches of residents may be conducted by male or female custody staff members or scanning/testing device operators.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 35 - SPECIAL TREATMENT UNITS › Subchapter 4 - SEARCHES OF RESIDENTS AND SPECIAL TREATMENT UNITS BY DOC CUSTODY STAFF › Section 10A:35-4.5 - Canine searches

Current through Register Vol. 56, No. 14, July 15, 2024
All residents and their possessions, and all Special Treatment Unit areas, objects and properties are subject to routine and random searches by canine teams, specially trained to discover and indicate to the handler(s) the presence of various substances and/or materials.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 35 - SPECIAL TREATMENT UNITS › Subchapter 4 - SEARCHES OF RESIDENTS AND SPECIAL TREATMENT UNITS BY DOC CUSTODY STAFF › Section 10A:35-4.6 - Prohibited substance testing

Current through Register Vol. 56, No. 14, July 15, 2024
To control the introduction of contraband or to detect the presence of any substance not authorized for possession or use by the resident, testing for prohibited substances may be conducted for security or therapeutic purposes.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 35 - SPECIAL TREATMENT UNITS › Subchapter 10 - RESIDENT WELFARE FUNDS › Section 10A:35-10.1 - Sources of income for resident welfare funds

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Money for resident welfare funds shall be derived from the following sources:
1. Profits from sales at commissaries;
2. Interest on resident welfare fund savings;
3. Gifts from individuals, corporations and charitable foundations; and
4. Income from resident trust fund investments.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 35 - SPECIAL TREATMENT UNITS › Subchapter 10 - RESIDENT WELFARE FUNDS › Section 10A:35-10.2 - Accountability for and expenditure of resident welfare funds

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The DOC Business Manager responsible for the Special Treatment Unit shall be responsible for maintaining resident welfare account funds and associated recordkeeping.
(b) The DOC Administrator and DBHS Clinical Director, in consultation with the Interagency Oversight Board, shall be jointly responsible for the control and authorization of all expenditures of resident welfare funds.
(c) Resident welfare funds shall be spent on amenities only for the use, benefit and general welfare of the resident population as a whole. Such amenities may include, but are not limited to, certain domestic equipment such as, but not limited to, appliances or kitchen items, recreation and sports equipment; television services; awards for academic, vocational and sporting achievements; library books, movies, magazines and other subscriptions; annual licensing fees for a film blanket license; visit, recreation, holiday and incentive program decorations and food; stipends for referees and guest speakers; and equipment to enhance the law library that is not otherwise required for legal access.
(d) Resident welfare funds shall not be used for items that the Departments of Corrections or Health are required to provide, the payment of employee salaries, or the purchase of any item or service, which is not intended for use by the population, such as, but not limited to, security equipment or automobiles.
(e) Inquiries and issues regarding the use of resident welfare funds shall be directed to the DOC Assistant Commissioner, Division of Operations.
(f) Individuals, corporations, and charitable foundations that wish to donate gifts to the resident welfare account shall submit a notice containing information relative to the gift to the Interagency Oversight Board. Such gifts shall be spent as designated by the donor when such designation is consistent with the provisions set forth at (c) and (d) above. When gifts are undesignated, such gifts shall be spent as designated by the DOC Administrator and the DBHS Clinical Director in consultation with the Interagency Oversight Board. The monies from these gifts shall be identified separately in the resident welfare fund, so that expenditures can be directly related to the source of funds.
(g) Resident welfare funds shall not be spent for any purpose that is not consistent with the provisions set forth in this subchapter.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 1 - BOARD ORGANIZATION › Section 10A:71-1.2 - Board meetings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Formal Board meetings shall be any meetings where Board policy, rules, and regulations are determined.
1. Except as provided in this section, the Chairperson shall give at least one week's notice of a formal Board meeting to members of the Board, the Governor, and the Commissioner.
2. Formal Board meetings shall be open only to the Governor and the Governor's representatives, the Commissioner and the Commissioner's representatives, representatives of recognized victim groups, and to such other persons as authorized by the Board.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 1 - BOARD ORGANIZATION › Section 10A:71-1.3 - Parole case reviews, release hearings, board panel and board hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Chairperson shall establish the schedule of all parole case reviews, release hearings, Board panel and Board hearings.
(b) The Chairperson shall give reasonable notice of such case reviews and hearings to the Board panel members.
(c) In addition to appropriate Board personnel and correction officers, if security considerations so warrant, parole release hearings, Board panel and Board hearings shall be open only to such persons as authorized by the Board panel or Board with the consent of any inmate who may be present for a hearing on his or her case. The inmate's consent shall be in writing and made a part of the Board's record on the inmate.
(d) All parole determinations on individual cases shall be made by a majority vote of the appropriate Board panel members or, in the case of Board hearings, by a majority vote of the Board members, subject to the provisions of 10A:71-1.4 and 1.5.
(e) When a Board panel hearing is conducted by two members, the inmate's case shall be referred to the third Board panel member if upon conclusion of the hearing a unanimous decision on the case cannot be reached.
1. In such instances, the third Board panel member shall review all records of the hearing prior to the Board panel rendering a final decision on the case.
2. In such instances, if the third Board panel member is disqualified pursuant to 10A:71-1.5(a), or (b), the case shall be considered by a Board member(s) designated pursuant to 10A:71-1.5(e) or (f).
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 1 - BOARD ORGANIZATION › Section 10A:71-1.5 - Disqualification or incapacity of board members

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A Board member shall not participate in any Board or Board panel deliberations or disposition of any case in which the Board member has a personal interest, prejudice or bias.
(b) A Board member shall not participate in any Board or Board panel disposition of the member's initial decision, nor shall any Board member who acted as a hearing officer on a particular case participate in any Board or Board panel disposition of such case.
(c) A majority of the Board shall be deemed to be a majority of the Board members not disqualified pursuant to this subsection.
(d) When by reason of incapacity a quorum of the Board or Board panel is lost, the Chairperson shall immediately request that the Governor appoint a qualified person to act in the incapacitated Board member's stead during the period of such incapacity.
(e) When by reason of disqualification of a member of a Board panel on adult inmates, a quorum of the Board panel is lost, the Chairperson shall immediately assign another member of one of the Board panels on adult inmates to act in the disqualified Board member's stead during the period of disqualification or, if circumstances merit, assign the case(s) to another panel of Board members on adult inmates.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 1 - BOARD ORGANIZATION › Section 10A:71-1.6 - Presiding board member

Current through Register Vol. 56, No. 14, July 15, 2024
In the absence of the chairperson or vice-chairperson, the senior Board member shall function as the presiding member of the Board or Board panel.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 1 - BOARD ORGANIZATION › Section 10A:71-1.8 - Public release of information

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Chairperson of the Board shall function as the Board's chief spokesman and representative to all agencies of government on any parole matter.
(b) The Chairperson of the Board is vested with the responsibility for the release of information on any parole matter in accordance with Board policy.
(c) Action by the Board, a Board panel or by a Board member on individual adult cases may be released after notifying the inmate of the determination.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 1 - BOARD ORGANIZATION › Section 10A:71-1.9 - Published information

Current through Register Vol. 56, No. 14, July 15, 2024
(a) As provided by law, the Board shall publish a yearly report detailing the operations, organization and procedures of the Board. The report also may include relevant information on compliance with established time frames in the processing of parole eligibility determinations, the effectiveness of any pertinent legislative or administrative measures, and any recommendations to enhance Board operations or to effectuate the purposes of the Parole Act of 1979, P.L. 1979, c. 441 (N.J.S.A. 30:4-123.4 5 et seq.).
(b) The Board will periodically review and update with appropriate amendments handbooks for distribution to all inmates subject to the jurisdiction of the Board detailing parole policies and procedures and shall request the chief executive officer of each state and county facility to make such handbooks available to all inmates subject to the jurisdiction of the Board.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 1 - BOARD ORGANIZATION › Section 10A:71-1.10 - Public notice regarding proposed rulemaking

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board shall provide for the following public notice for all rulemaking activity in accordance with N.J.S.A. 52:14B-1et seq., and N.J.A.C. 1:30.
1. The notice of rule proposal shall be filed with the Office of Administrative Law for publication in the New Jersey Register;
2. The notice of the rule proposal as filed, or a statement of the substance of the proposed rulemaking, shall be posted and made available electronically on the Board's Internet website at
www.state.nj.us/parole
. Website posting shall also be considered the Board's "additional public notice" pursuant to N.J.A.C. 1:30-5.2(a)6ii;
3. The notice of rule proposal as filed, or a statement of the substance of the proposed action, shall be provided to the following:
i. Any person who has made a timely request of the Board for notice of its rulemaking activity;
ii. Electronic mailing list subscribers;
iii. Notice requestors;
iv. News media maintaining a press office in the State House Complex;
v. A distribution list which shall include, but not be limited to, the Office of the Governor, the Commissioner, the Department of Law and Public Safety, County Prosecutors, the Office of the Public Defender, Boards of Trustees of the adult and young adult correctional complexes, the Chief Executive Officers of State and county correctional facilities, victim advocacy groups, the American Civil Liberties Union of New Jersey, the New Jersey Association on Corrections, and inmate advocacy groups; and
vi. Known, organized entities or parties that may be the subject of or significantly related to the proposed rulemaking.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 1 - BOARD ORGANIZATION › Section 10A:71-1.11 - Additional opportunity to be heard upon showing of sufficient public interest

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board, in accordance with the Administrative Procedure Act, 52:14B-1 et seq., and N.J.A.C. 1:30, Office of Administrative Law Rules for Agency Rulemaking, may extend the time for the submission of public comments on a proposed rulemaking, at its discretion, without the need for a specific request or demonstration of sufficient public interest.
(b) The Board, in accordance with the Administrative Procedure Act, 52:14B-1 et seq., and N.J.A.C. 1:30, Office of Administrative Law Rules for Agency Rulemaking, shall extend the time period for submission of public comments for an additional 30 day period, if within 30 days of the publication of a notice of proposal sufficient public interest is demonstrated in an extension of time to submit comments.
(c) Sufficient public interest is demonstrated in regard to an extension of the comment period when 50 individuals or more have either expressed in writing the need for the extension of the comment period or disagreement with one or more substantive provisions of the rule proposal.
(d) The Board in accordance with the Administrative Procedure Act, 52:14B-1 et seq., and N.J.A.C. 1:30, Office of Administrative Law Rules for Agency Rulemaking, may conduct a public hearing on a proposed rulemaking, at its discretion, without the need for a specific request or the demonstration of sufficient public interest.
(e) The Board in accordance with the Administrative Procedure Act, 52:14B-1 et seq., and N.J.A.C. 1:30, Office of Administrative Law Rules for Agency Rulemaking, shall conduct a public hearing on a proposed rulemaking at the request of a Legislative Committee, a State agency, or a county, local or municipal governmental entity, if such request is made to the Board within 30 days of the publication of a notice of proposal, or if sufficient public interest is demonstrated.
(f) Sufficient public interest is demonstrated in regard to the conducting of a public hearing when 100 or more individuals have either expressed in writing the need for a public hearing on the rule proposal or disagreement with one or more substantive provisions of the rule proposal.
(g) In the calculation of the number of comments received for the purpose of determining sufficient public interest pursuant to (c) above, the Board shall not consider the following:
1. Comments that relate to other amendments suggested by the commenter which the Board does not have the legal authority to make;
2. Comments submitted in support of a proposed new rule or rule modification or amendment; or
3. Comments that relate to proposed new rule or rule modification or amendment which the Board is required to make pursuant to statutory amendment, case law, or legal advice provided by the Department of Law and Public Safety.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 1 - BOARD ORGANIZATION › Section 10A:71-1.12 - Petition for rulemaking

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An interested person may petition the Board to adopt a new rule or amend or repeal an existing rule.
(b) The petition shall be in writing; be legible and intelligible; and be signed by the petitioner.
(c) Each petition shall contain the following information:
1. The full name and address of the petitioner;
2. The citation of the rule for which the proposal is made, using N.J.A.C. references, where applicable;
3. A clear and concise statement summarizing the substance or nature of the rulemaking which is requested;
4. The reasons for the request and the petitioner's interest in the request; and
5. Reference(s) to the authority under which the Board is authorized to act.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 1 - BOARD ORGANIZATION › Section 10A:71-1.13 - Authority to relax a rule

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board may, in its discretion and if consistent with statutory requirements, relax the application of any rule or certain requirements of a rule in this chapter or N.J.A.C. 10A:72 for good cause.
(b) A request for relaxation of a rule or certain requirements of a rule may be submitted by an operational unit supervisor in writing to the Board for consideration at a formal Board meeting.
(c) Upon the Board determining to approve or disapprove the request for relaxation of a rule or certain requirements of a rule, the Board shall notify the operational unit supervisor in writing of its determination.
(d) The effective date of the relaxation of a rule or certain requirements of a rule shall be the date of approval by the Board.
(e) The relaxation of a rule or certain requirements of a rule shall expire 180 days from the date of approval by the Board.
(f) The relaxation of a rule or certain requirements of a rule may be terminated prior to its expiration date when:
1. The basis for the relaxation of the rule or certain requirements of a rule no longer exists; or
2. The Board no longer approves the relaxation of the rule or certain requirements of a rule.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 2 - RECORDS; GENERAL ADMINISTRATIVE PROVISIONS › Section 10A:71-2.1 - 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.
"Access" shall mean granting a requester the opportunity to inspect, examine or obtain a copy of a government record.
"Anonymous" shall mean a requester of records who does not provide their name or provides only an e-mail address.
"Custodian" or "custodian of records" shall mean the employee of the Board designated by the Chairperson to administer the provisions of the Open Public Records Act, 47:1A-1 et seq.
"Fee" shall mean any amount due including the cost of copies of government records, special service charge, service charge and postage.
"Government record" or "record" shall mean 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 the Board's official business by any employee or member of the Board, or that has been received in the course of the Board's official business by any employee or member of the Board. The terms shall not include inter-agency or intra-agency advisory, consultative or deliberative material.
"Medium" shall mean the generic form in which a government record is maintained; that is, paper, computerized form or microfilm. With respect to records in computerized form, the medium is related to the type of device on which the record is stored, for example, diskette, hard-drive, storage tape, etc.
"Special charge" shall mean a charge to the requester in addition to the cost of duplicating records that are converted from one medium to another that is reasonable and based on the cost for any extensive use of information technology, or for the labor cost of personnel providing the service that is actually incurred by the Board or attributable to the Board for the programming, clerical and supervisory assistance required, or both.
"Special service charge" shall mean a charge to a requester that is reasonable and based upon the actual direct cost of providing the copy or copies of records, or access to inspect or examine records.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 2 - RECORDS; GENERAL ADMINISTRATIVE PROVISIONS › Section 10A:71-2.3 - Designation of custodian of records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Chairperson shall designate a custodian of records for the Board, who shall be responsible for accepting and processing requests for access to government records of the Board.
(b) The address and other contact information for the custodian of records shall be posted on the Board's website,
http://www.state.nj.us/parole
, and otherwise made available to the public. The contact information is as follows:
Title: Custodian of Records
State Parole Board
Street Address: 171 Jersey Street, Building #2
Trenton, New Jersey 08611
Mailing Address: PO Box 862
Trenton, New Jersey 08625-0862
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 2 - RECORDS; GENERAL ADMINISTRATIVE PROVISIONS › Section 10A:71-2.4 - Requests for government records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All requests for access to government records of the Board pursuant to 47:1A-1 et seq. shall be in writing on a form that meets the requirements of 47:1A-5(f)  and is adopted by the custodian of records.
(b) The requester shall be requested to provide the following information on the form:
1. The name, address and telephone number of the requester;
2. A description of the government record sought, method of access and if copies are sought, the medium requested and mode of delivery; and
3. The signature of the requester and the date submitted to the custodian of records.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 2 - RECORDS; GENERAL ADMINISTRATIVE PROVISIONS › Section 10A:71-2.5 - Procedures for submitting and fulfilling requests

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Request forms may be hand-delivered during normal business hours of the Board, mailed or transmitted electronically by the requester to the custodian of records.
(b) Any member or employee of the Board who receives a request for access to a government record shall direct the requester to submit the request to the custodian of records.
(c) Upon receipt of a request form, the custodian of records shall review the request form for clarity and completeness. If the request form is unclear as to the government record requested, the custodian shall advise the requester of the deficiency, provided contact information is included on the form. The custodian may require the requester to provide additional information to identify the record or to ascertain the requester's identity and status to determine whether access is authorized. The custodian may deny a request for access if the request is unclear or incomplete after attempting to reach a reasonable resolution with the requester.
(d) Upon receipt of a request form, the custodian of records shall estimate the fee of providing the records.
(e) The custodian of records may impose a special charge to fulfill a request that requires the conversion of a government record to a medium not routinely used by the Board, not routinely developed or maintained by the Board or that requires a substantial amount of manipulation or programming of information technology.
(f) The custodian of records may impose a special service charge to fulfill an extraordinary request to inspect or examine records.
(g) When responding to the request, the custodian of records shall sign and date the request form, enter the estimated fee and, if applicable, tracking number and provide the requester with a copy. If access to a record is denied, the custodian shall explain in writing the reason for the denial on the form or an attachment.
(h) The custodian of records shall notify the requester when the records are available.
(i) Requests for on-site inspection of records shall be conducted during the regular business hours of the custodian of records at the office of the custodian.
(j) The custodian of records shall collect any fee due to prior to delivery of the copies of records. Payment shall be made by cash, check or money order payable to the State of New Jersey. When payment is made by cash, the exact amount shall be required.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 2 - RECORDS; GENERAL ADMINISTRATIVE PROVISIONS › Section 10A:71-2.6 - Timeliness of response

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The custodian of records shall grant or deny access within seven business days after receiving a request completed in accordance with 10A:71-2.4 or such additional time as may be authorized by law or this subchapter or as may be agreed to by the requester.
(b) If the record is in storage or archived, the requester shall be so advised within seven business days after the custodian of records receives the request. The requester shall also be advised by the custodian when the record can be made available.
(c) The calculation of business days shall begin on the first business day following receipt of the completed request by the custodian and shall end at the close of business on the seventh business day.
(d) The failure to respond to a request in a timely manner shall be deemed a denial of the request.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 2 - RECORDS; GENERAL ADMINISTRATIVE PROVISIONS › Section 10A:71-2.7 - Fees for copies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The costs for providing a government record shall be that set forth in 47:1A-1 et seq.
(b) Unless a special charge is required to fulfill a request for records that are maintained electronically, only the cost of the medium used by the Board to reproduce records shall be charged. Access to electronic records and non-printed material shall be provided free of charge.
(c) Whenever charges are imposed for a special service charge, a special charge or medium pursuant to (b) above, the requester shall be given the opportunity to review and object to the charge prior to it being incurred. If the requester objects to the charge and refuses to withdraw the request, the custodian of records may deny the request after attempting to reach a reasonable solution that accommodates the interests of the requester and the Board.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 2 - RECORDS; GENERAL ADMINISTRATIVE PROVISIONS › Section 10A:71-2.8 - Records retention

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Electronic recordings of parole hearings and revocation hearings shall be retained by the Board for at least one year from the date a decision is rendered in an inmate's case provided, however, that if an appeal is filed within one year from the date of the decision being appealed, such recordings shall be retained until final determination of the appeal.
(b) Executive clemency records shall be permanently retained by the Board.
(c) Other written records shall be retained for at least one year and thereafter in accordance with Board policy.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 2 - RECORDS; GENERAL ADMINISTRATIVE PROVISIONS › Section 10A:71-2.9 - Subpoenas

Current through Register Vol. 56, No. 14, July 15, 2024
Any hearing officer or Board member may issue a subpoena to compel the appearance of witnesses and the production of documentary evidence relevant to any proceedings before such hearing officer or Board member.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 2 - RECORDS; GENERAL ADMINISTRATIVE PROVISIONS › Section 10A:71-2.10 - Institutional infractions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board panel or Board shall consider the final decision of the Department's officials responsible for adjudication of institutional infractions to be res judicata.
(b) No rescission hearing shall be held pursuant to N.J.A.C. 10A:71-5, nor shall any alteration of the parole eligibility date be made pursuant to N.J.A.C. 10A:71-3, on the basis of an institutional infraction that has resulted in a finding of not guilty by the appropriate Department officials, provided that the finding of not guilty is rendered based on a substantive finding and not due to a procedural deficiency in the disciplinary process.
(c) When the basis for the rescission hearing or the alteration of the parole eligibility date is an institutional infraction that has resulted in a finding of guilt by the appropriate Department officials, the Board panel or hearing officer reviewing the case shall consider aggravating and mitigating circumstances, but shall not consider evidence relating to the inmate's guilt or innocence of the commission of the institutional infraction.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 2 - RECORDS; GENERAL ADMINISTRATIVE PROVISIONS › Section 10A:71-2.11 - Institutional representatives

Current through Register Vol. 56, No. 14, July 15, 2024
The Chairperson shall assign a parole counselor or other Board representative to each State correctional facility to assist inmates on all parole procedures, including any appearances before a hearing officer, Board panel or the Board.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 71 - PAROLE › Subchapter 2 - RECORDS; GENERAL ADMINISTRATIVE PROVISIONS › Section 10A:71-2.12 - Reentry preparation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pursuant to N.J.S.A. 30:1B-6.10, the Commissioner and the Chairperson shall coordinate reentry preparation and other rehabilitative services for inmates in all State correctional facilities.
(b) Appropriate staff within the Department and the Board shall be responsible for engaging each inmate to develop and implement an individualized comprehensive reentry plan for services during the inmate's incarceration. This plan may be refined and updated during incarceration, as needed, and shall include recommendations for community-based services prior to the inmate's actual return to the community. Appropriate staff within the Department and Board shall determine what medical, psychiatric, psychological, educational, vocational, substance abuse, and social rehabilitative services shall be incorporated into a comprehensive reentry plan in order to prepare each inmate for successful integration upon release.
(c) Appropriate staff within the Department and the Board shall compile and disseminate information to inmates concerning organizations and programs, whether faith-based or secular programs, that provide assistance and services to inmates reentering society after a period of incarceration. In compiling this information, the appropriate staff shall consult with non-profit entities that provide informational services concerning reentry, the Executive Director of the Office of Faith-Based Initiatives in the Department of State, and the Corrections Ombudsman in, but not of, the Department of the Treasury.
(d) The Board shall ensure that all inmates are made aware of, and referred to, organizations that provide services in the county where the inmate is to reside after being released from incarceration. The Board shall assist inmates in gaining access to programs and procuring the appropriate postrelease services.