reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 9 - CLASSIFICATION PROCESS › Subchapter 6 - INSTITUTIONAL CLASSIFICATION RECEPTION COMMITTEE (I.C.R.C.) › Section 10A:9-6.2 - Composition of the Institutional Classification Reception Committee (I.C.R.C.)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An Administrator or designee shall serve as Chairperson of the I.C.R.C.
(b) A Classification Department representative shall serve as a member of the I.C.R.C.
(c) A representative from the Office of Substance Abuse Programming and Addiction Services will serve as an optional member of the I.C.R.C.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 9 - CLASSIFICATION PROCESS › Subchapter 6 - INSTITUTIONAL CLASSIFICATION RECEPTION COMMITTEE (I.C.R.C.) › Section 10A:9-6.3 - Criteria for assignment of inmates

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Decisions regarding the degree of custody required and the correctional facility assignment for inmates shall be made by the I.C.R.C. while the inmate is in the initial classification process. These decisions shall be based on:
1. Length of sentence;
2. Type of offense;
3. Age of inmate;
4. Previous criminal and/or institutional history;
5. Review of pertinent presentence investigation report documents;
6. The objective classification score;
7. The security level that matches the inmate's scored custody status;
8. The Department of Corrections housing security level designation assigned to each correctional facility;
9. Current psychological and/or psychiatric reports; and
10. Other professional and/or administrative reports.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 9 - CLASSIFICATION PROCESS › Subchapter 7 - INTER-INSTITUTIONAL TRANSFER › Section 10A:9-7.1 - Procedure for initiating transfer requests

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Requests for transfer to another correctional facility within the Department of Corrections may be initiated by the inmate or by the Administrator of the correctional facility in which the inmate is confined.
(b) Requests for transfer also may be initiated by the Commissioner or designee.
(c) All requests for transfer and the reason(s) therefor shall be submitted, in writing, to the appropriate Institutional Classification Committee (I.C.C.). No request shall be considered without an accompanying statement of reasons.
(d) Requests for transfer received from attorneys or other third parties on behalf of an inmate shall not be considered. All third-party individuals making such requests shall be advised that the inmate must initiate the request. However, third parties may submit written comments to the appropriate I.C.C. in conjunction with an inmate request, all of which shall be considered by the I.C.C. when they review the inmate's request.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 9 - CLASSIFICATION PROCESS › Subchapter 7 - INTER-INSTITUTIONAL TRANSFER › Section 10A:9-7.2 - Procedure for reviewing nonemergency transfer requests

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Requests for transfer to another correctional facility within the Department of Corrections may be initiated by the inmate or by the Administrator of the correctional facility in which the inmate is confined.
(b) Requests for transfer also may be initiated by the Commissioner or designee.
(c) All requests for transfer and the reason(s) therefor shall be submitted, in writing, to the appropriate Institutional Classification Committee (I.C.C.). No request shall be considered without an accompanying statement of reasons.
(d) Requests for transfer received from attorneys or other third parties on behalf of an inmate shall not be considered. All third-party individuals making such requests shall be advised that the inmate must initiate the request. However, third parties may submit written comments to the appropriate I.C.C. in conjunction with an inmate request, all of which shall be considered by the I.C.C. when they review the inmate's request.
(e) If approved by the Administrator of the receiving facility, the Administrator at the correctional facility where the inmate is housed shall forward the Agreement of Transfer form to the intake coordinator who shall make the necessary arrangements to effectuate the transfer.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 9 - CLASSIFICATION PROCESS › Subchapter 7 - INTER-INSTITUTIONAL TRANSFER › Section 10A:9-7.3 - Procedure for reviewing emergency transfer requests

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Whenever, in the opinion of the Administrator of the correctional facility in which the inmate is housed, an immediate transfer is necessary, the Administrator shall notify the Assistant Commissioner or Director, Division of Operations.
(b) With the verbal approval either of the Assistant Commissioner or designee, or the Director, the transfer shall be made as soon as possible.
(c) An Authorization for Emergency Transfer form shall be utilized for disciplinary or administrative transfers of an emergent nature and shall be forwarded to the Assistant Commissioner, or the Director from whom verbal approval was secured within three business days of the verbal approval.
(d) In determining whether an emergency transfer is necessary, the Administrator shall consider the following factors, but is not limited to these factors:
1. The safety and welfare of the inmate;
2. The safety of other inmates and staff; and
3. The safe, orderly and secure operation of the correctional facility.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 9 - CLASSIFICATION PROCESS › Subchapter 7 - INTER-INSTITUTIONAL TRANSFER › Section 10A:9-7.4 - Criteria for reviewing transfer requests

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In reviewing requests for transfer or reassignment to another correctional facility, the Institutional Classification Committee (I.C.C.) and Assistant Commissioner, or the Director shall consider all relevant factors, including, but not limited to:
1. Disciplinary reports;
2. Correctional facility adjustment;
3. Progress in programs;
4. Nature and circumstances of present offense(s);
5. Records from previous confinement(s);
6. Current psychological and psychiatric reports;
7. History of escape, attempted escape or propensity for escape;
8. Educational needs and history;
9. Prior offense record;
10. Substance dependency or involvement;
11. Age;
12. Medical condition; and
13. Other professional and/or administrative reports.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 9 - CLASSIFICATION PROCESS › Subchapter 7 - INTER-INSTITUTIONAL TRANSFER › Section 10A:9-7.5 - Procedures for transfers

Current through Register Vol. 56, No. 14, July 15, 2024
Upon approval of a requested transfer the sending correctional facility shall coordinate with the receiving correctional facility the date and time of the transfer of the inmate, along with his or her records and property.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 9 - CLASSIFICATION PROCESS › Subchapter 8 - SPECIAL CLASSIFICATION REVIEW BOARD (S.C.R.B.) › Section 10A:9-8.1 - Responsibilities

Current through Register Vol. 56, No. 14, July 15, 2024
Inmates committed to the Adult Diagnostic and Treatment Center (A.D.T.C.) shall be eligible for parole consideration only upon recommendation by the S.C.R.B. pursuant to 2C:47-5 except that in no case shall an inmate committed to the A.D.T.C. become eligible for parole prior to the expiration of any mandatory minimum term imposed.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 9 - CLASSIFICATION PROCESS › Subchapter 8 - SPECIAL CLASSIFICATION REVIEW BOARD (S.C.R.B.) › Section 10A:9-8.2 - Composition of the Special Classification Review Board (S.C.R.B.)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Commissioner shall appoint at least four members to serve on the S.C.R.B., two of whom may be Department of Corrections employees. An alternate member may be designated by the Commissioner to serve in the absence of a full-time S.C.R.B. member. The S.C.R.B. panels, which conduct in-person interviews, shall be composed of no fewer than two S.C.R.B. members.
(b) Each S.C.R.B. panel shall be composed of the following:
1. A representative from an administrative unit within the Department of Corrections; and
2. Up to three persons from outside of the Department of Corrections, one of whom must have a master's degree in psychology and one of whom must have a professional background, such as a master's degree in any field.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 9 - CLASSIFICATION PROCESS › Subchapter 8 - SPECIAL CLASSIFICATION REVIEW BOARD (S.C.R.B.) › Section 10A:9-8.3 - Coordinator for the Special Classification Review Board (S.C.R.B.)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A staff member of the Adult Diagnostic and Treatment Center (A.D.T.C.) shall be designated by the Administrator to serve as Coordinator for the S.C.R.B.
(b) The Coordinator shall be responsible for the following duties:
1. Maintaining S.C.R.B. statistics and records;
2. Maintaining minutes of S.C.R.B. meetings;
3. Informing S.C.R.B. members and maintaining a file of all court decisions regarding the New Jersey Sex Offender Program;
4. Providing notice to each inmate scheduled for in-person review by the S.C.R.B. at least three business days in advance of the scheduled review date;
5. Providing each S.C.R.B. member with copies of written materials for review prior to each scheduled review date;
6. Notifying the Commissioner at least six months prior to the termination of a S.C.R.B. member's term to provide adequate time to review prospective applicants for possible appointment;
7. Tracking the transfer of an inmate sentenced to the A.D.T.C. or to another facility in accordance with 2C:47-3, 4.1 and/or 4.2; and
8. Providing other services as requested by the Administrator or S.C.R.B. members.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 9 - CLASSIFICATION PROCESS › Subchapter 8 - SPECIAL CLASSIFICATION REVIEW BOARD (S.C.R.B.) › Section 10A:9-8.4 - Reviews of inmates housed at the Adult Diagnostic and Treatment Center (A.D.T.C.)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Administrator or designee of the A.D.T.C. shall ensure a report is submitted in writing at least twice per year to the Special Classification Review Board (S.C.R.B.) concerning the physical and psychological condition of each inmate eligible for parole consideration.
(b) The Administrator or designee shall ensure the report includes a recommendation as to whether the inmate should continue to be confined or should be considered for release on parole.
(c) An inmate with a judicially imposed period of parole ineligibility shall not appear before the S.C.R.B. until the inmate's period of parole ineligibility has been served, except for inmates who have made exceptional progress as determined by the mental health staff.
(d) An inmate shall receive an in-person interview with the S.C.R.B. upon completion of one-fourth of the inmate's sentence without regard to applicable credits, unless the inmate has a judicially imposed period of parole ineligibility with the exception of those inmates who have made exceptional progress as determined by the mental health staff.
(e) The Administrator shall recommend whether an inmate other than those in (c) and (d) above shall have an in-person or non in-person review by the S.C.R.B.
(f) During in-person reviews, the inmate appearing before the S.C.R.B. shall be afforded the opportunity to present any matter which he or she believes is related to his or her possible parole. S.C.R.B. members may question the inmate regarding:
1. Criminal conduct;
2. Record of adjustment to incarceration;
3. Progress in therapy; or
4. Any matter which the S.C.R.B. members think is relevant.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 9 - CLASSIFICATION PROCESS › Subchapter 8 - SPECIAL CLASSIFICATION REVIEW BOARD (S.C.R.B.) › Section 10A:9-8.5 - Review of inmates housed at other correctional facilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All inmates sentenced under 2A:164-1 et seq. who are not housed at the Adult Diagnostic and Treatment Center (A.D.T.C.) shall be subject to review by the Special Classification Review Board (S.C.R.B.).
1. The Administrator of a correctional facility other than the A.D.T.C. where an inmate sentenced under 2A:164-1 et seq. is housed shall forward in writing the required semiannual reports (see 10A:9-8.4 ) to the Administrator of the A.D.T.C. The report shall contain a recommendation as to the inmate's continued confinement or consideration for release on parole.
2. If the inmate is recommended for consideration for parole, the inmate shall be transported to the A.D.T.C. for the day to appear before the A.D.T.C. treatment staff. If the A.D.T.C. treatment staff concurs with the recommendation, the inmate shall remain at the A.D.T.C. for an in-person review before the S.C.R.B.
3. If the inmate is not recommended for parole, the S.C.R.B. shall conduct a non in-person review.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 9 - CLASSIFICATION PROCESS › Subchapter 8 - SPECIAL CLASSIFICATION REVIEW BOARD (S.C.R.B.) › Section 10A:9-8.6 - Decisions of the Special Classification Review Board (S.C.R.B.); in-person review

Current through Register Vol. 56, No. 14, July 15, 2024
(a) After each in-person review, a vote shall be taken to determine whether the S.C.R.B. will recommend parole. A tie vote shall be deemed a rejection.
(b) An inmate who has been denied a recommendation of parole shall be rescheduled for an in-person S.C.R.B. review at the discretion of the S.C.R.B., except as permitted by (c) below. In no event shall the inmate be rescheduled for another in-person S.C.R.B. review later than 36 months from the date of the decision of the S.C.R.B. to deny recommendation of parole.
(c) The S.C.R.B. may defer its decision in appropriate cases, or in those cases where additional information is required. Such cases may be presented for in-person review in three months.
(d) Each S.C.R.B. member in attendance at the review shall sign written documentation indicating the date of the review and the decision of the S.C.R.B.
(e) Within 10 business days after each in-person review the S.C.R.B. shall provide the inmate with a copy of its written decision and, if an inmate is denied a recommendation to the State Parole Board, a copy of the summary of reason(s) for denial shall be provided to the inmate. The written decision shall be signed by the S.C.R.B. Chairperson or designee.
(f) The S.C.R.B. shall summarize in its written decision the reasons for its conclusion. The reasons are within the sole discretion of the S.C.R.B., and may include therapeutic issues deemed to require additional work.
(g) The Coordinator shall prepare a summary of each inmate's presentation to the S.C.R.B. The summary shall be reviewed and signed by the Chairperson and placed in the inmate's classification and S.C.R.B. folders.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 9 - CLASSIFICATION PROCESS › Subchapter 8 - SPECIAL CLASSIFICATION REVIEW BOARD (S.C.R.B.) › Section 10A:9-8.7 - Decisions of the S.C.R.B.; non in-person review

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each S.C.R.B. member in attendance at the review shall sign written documentation indicating the date of the review and the decision of the S.C.R.B.
(b) Within 10 business days after each non in-person review, the S.C.R.B. shall provide the inmate with a copy of its written decision. The written decision shall be signed by the Chairperson or designee.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 9 - CLASSIFICATION PROCESS › Subchapter 8 - SPECIAL CLASSIFICATION REVIEW BOARD (S.C.R.B.) › Section 10A:9-8.8 - Appeal of the Special Classification Review Board (S.C.R.B.) denial

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any inmate denied a referral to the State Parole Board by the S.C.R.B. on two consecutive occasions shall have the right to appeal to the S.C.R.B. Chairperson within 30 business days of the S.C.R.B.'s second denial, after the inmate consults with his or her primary therapist to review any therapeutic issues.
(b) If, upon review of the inmate's appeal, the S.C.R.B. Chairperson finds sufficient reasons exist, the Chairperson may order a full S.C.R.B. in-person review for the inmate.
(c) The S.C.R.B. Chairperson shall have the authority to deny an inmate's appeal.
(d) After reviewing the inmate's appeal, the S.C.R.B. Chairperson shall notify the inmate in writing as to the Chairperson's decision.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 9 - CLASSIFICATION PROCESS › Subchapter 8 - SPECIAL CLASSIFICATION REVIEW BOARD (S.C.R.B.) › Section 10A:9-8.9 - Referrals to the State Parole Board

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Coordinator shall notify the State Parole Board of those inmates whom the Special Classification Review Board (S.C.R.B.) has recommended for parole, and forward the necessary documents to the State Parole Board for its use in reaching a decision as to parole.
(b) No inmate shall be referred to the State Parole Board for reconsideration within a period of less than three months following his denial of parole by the State Parole Board, except under unusual circumstances.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 9 - CLASSIFICATION PROCESS › Subchapter 8 - SPECIAL CLASSIFICATION REVIEW BOARD (S.C.R.B.) › Section 10A:9-8.10 - Parole records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For all parolees who were sentenced under N.J.S.A. 2C:47 and 2A:164, the Coordinator shall receive copies of the following:
1. Parole Certificates;
2. Supervisory reports;
3. Special reports;
4. Arrest reports;
5. Termination Certificates; and
6. Notices of discharge of inmates from parole.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 9 - CLASSIFICATION PROCESS › Subchapter 8 - SPECIAL CLASSIFICATION REVIEW BOARD (S.C.R.B.) › Section 10A:9-8.11 - Notice of release

Current through Register Vol. 56, No. 14, July 15, 2024
A copy of the notice of release at the expiration of maximum sentence shall be forwarded by the housing correctional facility to the Coordinator, who shall so advise the S.C.R.B. members.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 9 - CLASSIFICATION PROCESS › Subchapter 8 - SPECIAL CLASSIFICATION REVIEW BOARD (S.C.R.B.) › Section 10A:9-8.12 - Confidentiality

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The S.C.R.B. members shall not discuss or give information to any unauthorized person regarding specific inmates reviewed.
(b) Confidentiality of inmate/parolee records shall be governed by N.J.A.C. 10A:22.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 9 - CLASSIFICATION PROCESS › Subchapter 9 - COMMUNITY CORRECTIONS CLASSIFICATION COMMITTEE (C-4) › Section 10A:9-9.1 - Responsibility of the Community Corrections Classification Committee (C-4)

Current through Register Vol. 56, No. 14, July 15, 2024
The C-4 shall be responsible for the assignment to a correctional facility or a residential community program and to make a recommendation of custody status when an inmate has been returned from a residential community program.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 9 - CLASSIFICATION PROCESS › Subchapter 9 - COMMUNITY CORRECTIONS CLASSIFICATION COMMITTEE (C-4) › Section 10A:9-9.2 - Composition of the C-4

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The members of the C-4 shall be:
1. An Assistant Superintendent or designee from the Division of Programs and Community Services;
2. A Classification Department representative;
3. A Division of Operations representative (optional); and
4. An Office of Substance Abuse Programming and Addiction Services representative (optional).
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 9 - CLASSIFICATION PROCESS › Subchapter 9 - COMMUNITY CORRECTIONS CLASSIFICATION COMMITTEE (C-4) › Section 10A:9-9.3 - C-4 decision making criteria

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Decisions regarding the assignment to a correctional facility or a residential community program and the recommendation of a custody status when an inmate has been returned from a residential community program shall be based upon:
1. The length of the sentence;
2. The type of the sentence;
3. The age of the inmate;
4. The previous criminal and/or correctional facility history of the inmate;
5. A review of the pre-sentence investigation report;
6. The objective classification score;
7. The security level that corresponds with the custody status score of the inmate;
8. The housing security level designation assigned to each correctional facility;
9. Current psychological, psychiatric and/or assessment center evaluations;
10. Disciplinary reports;
11. Other professional and/or administrative reports; and
12. Eligibility for a residential community program.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 9 - CLASSIFICATION PROCESS › Subchapter 10 - RESIDENTIAL COMMUNITY PROGRAM NOTIFICATION COMMITTEE › Section 10A:9-10.1 - Responsibilities of the Residential Community Program Notification Committee

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Residential Community Program Notification Committee shall be responsible for:
1. Providing notice to the prosecutor of the county in which the inmate was convicted or the Attorney General, if the matter was prosecuted by the Attorney General in accordance with 30:4-91.8;
2. Ensuring the notice includes the inmate's name, number, identifying factors, and offense history;
3. Reviewing comments from victims, nearest relatives of victims if the offense resulted in death, the county prosecutor, and the Attorney General concerning the participation of an inmate in a community-based program in order to give all due consideration to the information contained in those comments when considering the participation of that inmate;
4. Ensuring that all comments submitted are deemed confidential and shall not be disclosed to anyone who is not authorized to receive or review them; and
5. Determining inmate suitability for placement in a residential community program.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 9 - CLASSIFICATION PROCESS › Subchapter 10 - RESIDENTIAL COMMUNITY PROGRAM NOTIFICATION COMMITTEE › Section 10A:9-10.2 - Composition of the Residential Community Program Notification Committee

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Residential Community Program Notification Committee shall be chaired by a representative of the Division of Programs and Community Services. The Chairperson shall be responsible for casting the deciding vote when a tie in the voting occurs.
(b) The following units shall provide a representative to be a voting member of the Committee:
1. The Office of Community Programs;
2. The Division of Operations;
3. The Office of Substance Abuse Programming and Addiction Services;
4. The Office of Transitional Services; and
5. The Office of Victim Services.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 9 - CLASSIFICATION PROCESS › Subchapter 10 - RESIDENTIAL COMMUNITY PROGRAM NOTIFICATION COMMITTEE › Section 10A:9-10.3 - Residential Community Program Notification Committee decision making criteria for placement in a Residential Community Program

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The determination to approve/disapprove the placement of an inmate identified in 30:4-91.8 to a residential community program shall be based upon the following criteria:
1. Comments, information, arguments or views provided to the Department of Corrections from the victim, the relatives of the victim, county prosecutor, and the Office of the Attorney General;
2. The length of the sentence;
3. The present offense;
4. The age of the offender;
5. The previous criminal and/or correctional facility history of the inmate;
6. A review of the pre-sentence investigation report;
7. Assessments;
8. Participation in relevant programming;
9. Current psychological, psychiatric and/or assessment center evaluations;
10. Disciplinary reports; and
11. Other professional and/or administrative reports.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 10 - INTERJURISDICTIONAL AGREEMENTS AND STATUTES › Subchapter 1 - GENERAL PROVISIONS › Section 10A:10-1.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of this chapter is to establish:
1. Requirements for the interstate transfer of an inmate(s) for confinement in a correctional facility(ies);
2. Requirements for the interstate transfer of an inmate for the purpose of disposing of charges filed against the inmate in an out-of-State jurisdiction;
3. Requirements in accordance with the Uniform Criminal Extradition Act (see 2A:160-6 et seq.);
4. Requirements for the international transfer of an inmate(s) who is a citizen of a foreign country to the country of citizenship (see 30:7D-1 ); and
5. Provisions in accordance with the Vienna Convention on Consular Relations of 1963, Art. 36, 37, and 42 for the notification of a foreign consul when a foreign national is committed to the custody of the New Jersey Department of Corrections.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 10 - INTERJURISDICTIONAL AGREEMENTS AND STATUTES › Subchapter 1 - GENERAL PROVISIONS › Section 10A:10-1.2 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Unless otherwise stated, N.J.A.C. 10A:10-1 and 3 shall be applicable to the New Jersey Department of Corrections and State sentenced inmates transferred or being considered for a transfer.
(b) Unless otherwise stated, N.J.A.C. 10A:10-1 and 3 shall be applicable to inmates from contracting states who are transferred outside their state of conviction to the New Jersey Department of Corrections.
(c) Unless otherwise stated, N.J.A.C. 10A:10-1 and 4 shall be applicable to an inmate against whom a detainer has been filed by an out-of-State jurisdiction.
(d) Unless otherwise stated, N.J.A.C. 10A:10-1 and 5 shall be applicable to inmates extradited from another state to the State of New Jersey and to inmates extradited from the State of New Jersey to another state.
(e) Unless otherwise stated, N.J.A.C. 10A:10-1 and 6 shall be applicable to inmates having foreign citizenship who are transferred to their countries of citizenship pursuant to the treaty that exists between the United States and the foreign country.
(f) Unless otherwise stated, N.J.A.C. 10A:10-1 and 7 shall be applicable to inmates who are not citizens or permanent resident aliens (green card holders) of the United States and who are foreign visitors or illegal aliens who have been committed to the custody of the New Jersey Department of Corrections.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 10 - INTERJURISDICTIONAL AGREEMENTS AND STATUTES › Subchapter 1 - GENERAL PROVISIONS › Section 10A:10-1.3 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, as used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:
"Foreign national" means any person who is not a citizen or permanent alien resident (green card holder) of the United States and who is a foreign visitor or illegal alien.
"Legal rights" means State or Federal rights.
"Receiving state" means a state receiving an inmate transferred from a sending state.
"Sending state" means a state which is transferring to another state an inmate committed within the sending state's jurisdiction.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 10 - INTERJURISDICTIONAL AGREEMENTS AND STATUTES › Subchapter 1 - GENERAL PROVISIONS › Section 10A:10-1.4 - Forms

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following forms related to the Interstate Corrections Compact are available from classification or social services staff:
1. 822-I Inmate Request for Transfer Under Interstate Corrections Compact;
2. 822-II Inmate Agreement of Waiver Regarding Interstate Transfer;
3. 822-III Notice of Intent To Seek Nonconsensual Interstate Transfer;
4. 822-IV Notice of Decision Regarding Interstate Transfer;
5. 822-V Receipt for Inmate as an Interstate Transferee; and
6. 822-VI Notice of Emergency Transfer.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 10 - INTERJURISDICTIONAL AGREEMENTS AND STATUTES › Subchapter 1 - GENERAL PROVISIONS › Section 10A:10-1.5 - Records

Current through Register Vol. 56, No. 14, July 15, 2024
The Administrator or designee shall ensure that the computerized inmate information recordkeeping system(s) is updated with information relative to the interstate or international transfer or extradition of an inmate.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 10 - INTERJURISDICTIONAL AGREEMENTS AND STATUTES › Subchapter 1 - GENERAL PROVISIONS › Section 10A:10-1.6 - Transfer of inmate property

Current through Register Vol. 56, No. 14, July 15, 2024
The disposition of inmate personal property shall be handled in accordance with the provisions set forth in 10A:1-11.7, Disposition of personal property when an inmate is transferred.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 10 - INTERJURISDICTIONAL AGREEMENTS AND STATUTES › Subchapter 3 - INTERSTATE CORRECTIONS COMPACT › Section 10A:10-3.1 - Statutory authority

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
									30:7C-1 et seq. established the Interstate Corrections Compact which provides that the State of New Jersey may enter into a contract with any other signatory state of the United States whereby prisoners from contracting states may be transferred between such states and confined in correctional facilities outside the state of conviction on a reciprocal basis or as otherwise provided for by the contract or a rider.
(b) The Commissioner, New Jersey Department of Corrections, is the designated Administrator of the Interstate Corrections Compact. The Commissioner may delegate this authority to an appropriate designee who shall have full authority to act on all matters pertaining to the Interstate Corrections Compact.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 10 - INTERJURISDICTIONAL AGREEMENTS AND STATUTES › Subchapter 3 - INTERSTATE CORRECTIONS COMPACT › Section 10A:10-3.2 - 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:
"Administrator of the Interstate Corrections Compact" means the Commissioner of the Department of Corrections of the State of New Jersey.
"Consensual interstate transfer" means the interstate transfer of an inmate from the New Jersey Department of Corrections to a receiving state with the consent of that inmate.
"Nonconsensual interstate transfer" means the interstate transfer of an inmate from the New Jersey Department of Corrections to a receiving state without the consent of that inmate.
"State compact member" means any state having membership in the Interstate Corrections Compact.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 10 - INTERJURISDICTIONAL AGREEMENTS AND STATUTES › Subchapter 3 - INTERSTATE CORRECTIONS COMPACT › Section 10A:10-3.3 - Applicability of compact

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Interstate Corrections Compact is applicable to inmates under the jurisdiction of the New Jersey Department of Corrections, except those inmates sentenced under N.J.S.A. 2A:164-3 or 2C:47-1 et seq.
(b) The New Jersey Department of Corrections shall accept only adult state sentenced inmates from contracting states.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 10 - INTERJURISDICTIONAL AGREEMENTS AND STATUTES › Subchapter 3 - INTERSTATE CORRECTIONS COMPACT › Section 10A:10-3.4 - Eligibility criteria for interstate transfer consideration

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Inmates considered for interstate transfer must be sentenced for a term of imprisonment such that the earliest parole or release dates are not less than one and a half years from the date of application for transfer. Exceptions to this rule shall be made on a case-by-case basis and may include:
1. Inmates in protective custody;
2. Inmates considered to be security risks;
3. Inmates who require special treatment; and/or
4. Consensual transfers.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 10 - INTERJURISDICTIONAL AGREEMENTS AND STATUTES › Subchapter 3 - INTERSTATE CORRECTIONS COMPACT › Section 10A:10-3.5 - Riders to contracts

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The three types of riders which may be affixed to authorized contracts between the New Jersey Department of Corrections and another state compact member are as follows:
1. A rider to extend the duration of the contract;
2. A rider to set forth the particulars of individual transferring arrangements or special care and custody; and
3. A rider mutually agreeing to a change or amendment to the original contractual terms.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 10 - INTERJURISDICTIONAL AGREEMENTS AND STATUTES › Subchapter 3 - INTERSTATE CORRECTIONS COMPACT › Section 10A:10-3.6 - Reasons for interstate transfer

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Inmate interstate transfer may be considered, arranged and implemented either at the request of an inmate (consensual), at the request of the Administrator (nonconsensual), or upon order of the Commissioner for any of the following reasons:
1. To confine an inmate in the home state when that state is other than the one in which the inmate was convicted;
2. To place an inmate in another state where special facilities exist for treating:
i. Drug abuse;
ii. Alcohol abuse;
iii. Diagnosed mental/emotional illnesses; or
iv. Medical conditions and/or specialized medical treatment.
3. To adjust prison populations via order of the Commissioner to avoid overcrowding and/or county jail backlog;
4. To provide temporary housing arrangements for inmates at times of crisis;
5. To comply with a court order;
6. To provide for the care and custody of security risk inmates;
7. To provide protective custody; or
8. At the discretion of the Commissioner.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 10 - INTERJURISDICTIONAL AGREEMENTS AND STATUTES › Subchapter 3 - INTERSTATE CORRECTIONS COMPACT › Section 10A:10-3.8 - Classification summary

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pursuant to the requirements at N.J.A.C. 10A:10-3.7, the Classification Department Supervisor, or designee, of the correctional facility where the inmate is housed shall prepare a classification summary to be forwarded to the Administrator, which contains current information concerning the inmate in areas of:
1. Particular needs;
2. Age;
3. Family status;
4. Social contacts with family and friends;
5. The objective classifications score;
6. Correctional facility adjustment;
7. Educational needs and history;
8. Vocational needs and history;
9. Treatment program needs and history;
10. Military history;
11. The judgment of conviction;
12. The nature and circumstances of the present offense;
13. Parole eligibility information and current time calculation;
14. Prior convictions record;
15. Records from previous confinements regarding adjustment;
16. Detainers on file or pending disposition(s);
17. Drug dependency or involvement;
18. Sexual offenses;
19. Escape history;
20. Current psychological and psychiatric reports;
21. Keep separate status;
22. A photograph;
23. Fingerprints;
24. Medical history and recommendations, which shall include:
i. A report on the results of a general physical examination;
ii. Known medical problems of the inmate within three months prior to the review of the inmate's request for interstate transfer; and
iii. Results of TB (tuberculosis), Hepatitis C, and HIV (Human Immunodeficiency Virus) tests, if available; and
25. Any other factor(s) pertinent to the inmate's case.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 10 - INTERJURISDICTIONAL AGREEMENTS AND STATUTES › Subchapter 3 - INTERSTATE CORRECTIONS COMPACT › Section 10A:10-3.9 - Written notice of nonconsensual transfers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to an out-of-State transfer, the inmate shall receive written notice on Form 822-III, Notice of Intent to Seek Nonconsensual Interstate Transfer, informing the inmate of the referral for an out-of-State transfer and that a hearing is scheduled before a Hearing Officer, New Jersey Department of Corrections.
(b) The notice shall be personally served upon the inmate at least 48 hours prior to the scheduled hearing and shall contain a summary of information which will be considered by the Hearing Officer.
(c) Confidential materials may be withheld from the inmate, but the information shall be made part of a confidential correctional facility record for the out-of-State transfer proceedings.
(d) The inmate shall also be given a copy of this subchapter along with Form 822-III.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 10 - INTERJURISDICTIONAL AGREEMENTS AND STATUTES › Subchapter 3 - INTERSTATE CORRECTIONS COMPACT › Section 10A:10-3.10 - Investigation of nonconsensual transfers other than emergency transfer prompted by order of the Commissioner

Current through Register Vol. 56, No. 14, July 15, 2024
(a) At least 24 hours before the scheduled hearing, an investigator assigned by the Administrator shall visit the inmate to obtain names of prospective witnesses.
(b) The investigator shall obtain written statements from the named witnesses and such statements shall be included in the Hearing Officer's final record of the proceedings.
(c) The Hearing Officer may exercise discretion to limit the number of written statements obtained to avoid the collection of evidence which is merely repetitive or is not necessary for an adequate understanding of the case.
(d) When the Hearing Officer determines that the inmate is either illiterate or cannot adequately collect and present evidence on the inmate's own behalf, the inmate may choose an inmate to provide assistance. Such choice may be made from a list of available inmate paralegals who are authorized by the Administrator to assist inmates with legal services.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 10 - INTERJURISDICTIONAL AGREEMENTS AND STATUTES › Subchapter 3 - INTERSTATE CORRECTIONS COMPACT › Section 10A:10-3.11 - Hearing on nonconsensual transfers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A hearing shall be conducted and the inmate may appear in-person or the hearing may be arranged and provided through video teleconferencing (VTC), unless the inmate refuses to appear without the use of force, or where the Hearing Officer determines that the hearing cannot be held at the inmate's cell because of the inmate's disruptive behavior.
(b) The Hearing Officer shall review the correctional facility reports, witnesses' statements and other material(s) offered as relevant and necessary for a proper understanding of the circumstances upon which the recommendation for out-of-State transfer is based.
(c) Witnesses' statements shall be read to the inmate, unless disclosure would subject the witnesses or other persons to threat of harm and/or the statements or reports are marked confidential. Where the Hearing Officer determines that clarification is desirable, the Hearing Officer may call the witnesses to appear in-person or through VTC.
(d) The inmate shall be permitted to speak on his or her own behalf and offer evidence to contest the referral for out-of-State transfer, or to provide the Hearing Officer with reasons for rejecting said recommendation.
(e) The Hearing Officer shall not grant a postponement of a hearing unless there are exceptional circumstances, such as, sudden serious illness, security problems or a lockdown.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 10 - INTERJURISDICTIONAL AGREEMENTS AND STATUTES › Subchapter 3 - INTERSTATE CORRECTIONS COMPACT › Section 10A:10-3.12 - Decision on nonconsensual transfers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The inmate shall be provided with the Hearing Officer's decision in writing on Form 822-IV, Notice of Decision Regarding Interstate Transfer, within 15 business days after the hearing, due to the time and distance considerations involved in interstate information exchange.
(b) The decision shall summarize the information relied upon and, if approved, the reason for the out-of-State transfer.
(c) Confidential information shall be strictly safeguarded and appropriately marked for the inmate's classification file.
(d) In instances when the Hearing Officer approves the nonconsensual transfer, a copy of the Hearing Officer's decision and appropriate classification data shall be forwarded to the Office of Interstate Services, Department of Corrections.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 10 - INTERJURISDICTIONAL AGREEMENTS AND STATUTES › Subchapter 3 - INTERSTATE CORRECTIONS COMPACT › Section 10A:10-3.13 - Interstate transfer by order of the Commissioner

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon issuance of an order by the Commissioner, New Jersey Department of Corrections, Form 822-VI Notice of Emergency Transfer shall be served upon the selected inmate(s) meeting the classification and custody criteria of contracting states offering bed space for lease and/or per diem cost reimbursement. When feasible, Form 822-VI shall be served on the inmate 24 hours prior to the intended transfer and the notice shall include:
1. The conditions upon which the order by the Commissioner was predicated;
2. The name of the state and the correctional facility to which the inmate shall be transferred;
3. The address of the correctional facility;
4. The security designation of the correctional facility;
5. The custody level of the inmate;
6. The listing of personal property which may be transferred to the receiving correctional facility;
7. The arrangement(s) for personal property which cannot be transferred to the receiving correctional facility; and
8. Any additional pertinent information.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 10 - INTERJURISDICTIONAL AGREEMENTS AND STATUTES › Subchapter 3 - INTERSTATE CORRECTIONS COMPACT › Section 10A:10-3.14 - Review of requests from other state compact members for transfer of inmates to New Jersey

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any request from another state or jurisdiction for incarceration of out-of-State inmates in New Jersey shall be forwarded to the Administrator of the Interstate Corrections Compact or appropriate designee.
(b) The Administrator of the Interstate Corrections Compact or appropriate designee shall ensure that the request contains minimally the information outlined in 10A:10-3.8.
(c) The request shall then be forwarded to the Assistant Commissioner, Division of Operations, for approval or disapproval.
(d) Upon receipt of the determination of the Deputy Commissioner, the Administrator of the Interstate Corrections Compact, or designee, shall determine whether the application and transfer comply with the Interstate Corrections Compact and this subchapter. The final decision to approve or deny the out-of-State request shall be made by the Commissioner. The requesting state shall then be notified of the final decision by the Administrator of the Interstate Corrections Compact or designee.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 10 - INTERJURISDICTIONAL AGREEMENTS AND STATUTES › Subchapter 3 - INTERSTATE CORRECTIONS COMPACT › Section 10A:10-3.15 - Receiving state acting as agent for sending state

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Whenever the duly constituted authorities in a state compact member have entered into a contract with another state compact member and decide that confinement in, or transfer of an inmate to, a correctional facility within the territory of another state compact member is necessary or desirable, said officials may direct the confinement be within a correctional facility within the territory of that state compact member. The receiving state may act as agent for the sending state.
(b) Inmates confined in a correctional facility pursuant to the terms of the Interstate Corrections Compact shall be, at all times, subject to the legal jurisdiction of the sending state and may, at any time, be removed therefrom for any of the following reasons:
1. Transfer to a prison or other correctional facility within the sending state;
2. Transfer to another correctional facility in a third party compact state in which the sending state may have a contractual or other right to confine inmates;
3. Release on probation or parole;
4. Discharge;
5. Upon receipt of a court Order to Produce (writ) from a Superior Court in the sending state; or
6. Any other purposes permitted by the Interstate Corrections Compact or this subchapter, provided that the sending state continues to be obligated to such reimbursements as may be required pursuant to the terms of any contract.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 10 - INTERJURISDICTIONAL AGREEMENTS AND STATUTES › Subchapter 3 - INTERSTATE CORRECTIONS COMPACT › Section 10A:10-3.16 - Administration of conditions of confinement, hearings and administrative proceedings to which inmates are entitled

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All inmates who may be confined to a correctional facility pursuant to the provisions of the Interstate Corrections Compact shall be treated in a reasonable and humane manner and shall be treated equally to similarly situated inmates under the jurisdiction of the receiving state with regard to:
1. The terms and conditions of confinement;
2. Custody status;
3. Program eligibility and participation (with the exception that provisions may be made for the approval of the sending state to certain program assignments, such as work release);
4. Medical services; and
5. Psychiatric services.