reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 195 - STANDARDS FOR OUT-OF-STATE PROGRAMS SERVING CHILDREN › Subchapter 1 - GENERAL PROVISIONS › Section 10:195-1.1 - Legal authority

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This chapter is
				promulgated pursuant to
				P.L.
				2007, c. 286,
				(30:1-15.3 ) known as Billy's Law,
				which authorizes the Department of Human Services to prescribe standards for
				the placement of children from this State in out-of-State residential schools
				and programs.
(b) Under Billy's
				Law, either the Department of Human Services or the Department of Children and
				Families, as applicable, is required either to inspect out-of-State residential
				schools and program serving children from New Jersey, or to contract with
				another entity to perform the inspection.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 195 - STANDARDS FOR OUT-OF-STATE PROGRAMS SERVING CHILDREN › Subchapter 1 - GENERAL PROVISIONS › Section 10:195-1.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this chapter,
				  shall have the following meanings:
"Child" means a service recipient of the Department of Human
				  Services under the age of 23 years.
"Department" means the New Jersey Department of Human
				  Services.
"Emergency" means that the child is homeless or in imminent
				  peril.
"Out-of-State" means a location in the United States other
				  than the State of New Jersey.
"Placement" means housing a child in a residential
				  program.
"Placing agency" means a private or public agency authorized
				  to place or facilitate the placement of children in residential
				  programs.
"Residential school or program" means a facility or residence
				  used to house and provide services on a 24-hour basis to one or more children
				  determined to be in need of such housing and services.
"Unusual incident" means an event involving a person served
				  or employee involving indications or allegations of criminal actions, injury,
				  negligence, exploitation, abuse, clinical mismanagement or medical malpractice,
				  a major unforeseen event, such as a serious fire, explosion, a power failure
				  that presents a significant danger to the safety or well-being of persons
				  served and/or employees or a newsworthy incident.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 195 - STANDARDS FOR OUT-OF-STATE PROGRAMS SERVING CHILDREN › Subchapter 2 - INSPECTIONS AND PLACEMENTS › Section 10:195-2.1 - Inspections

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Before entering
				into a contract with an out-of-State residential program for the placement of
				children, the Department shall ensure that an evaluation and inspection of the
				program are conducted. The inspection shall include a site visit.
(b) The Department shall either assign its
				own staff to conduct an inspection, or, at its discretion, ensure that an
				inspection is conducted by one or more of the following:
1. If another New Jersey Department is
				authorized by statute or rules to inspect the program, the Department may rely
				upon that Department's inspection, provided that:
i. An inspection was conducted that included
				a site visit indicating the program complies with the applicable New Jersey
				rules for that type of program; and
ii. The inspection was conducted in
				compliance with the applicable New Jersey rules governing the scope and
				frequency of inspections for that type of program;
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 195 - STANDARDS FOR OUT-OF-STATE PROGRAMS SERVING CHILDREN › Subchapter 2 - INSPECTIONS AND PLACEMENTS › Section 10:195-2.2 - Placements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each
				out-of-State residential program serving one or more New Jersey children shall
				meet or exceed the applicable New Jersey rules for the type of program it most
				closely resembles, as specified at N.J.A.C. 10:44A, 10:44B, 10:44C, 10:47,
				10:127, 10:128, or such other rules governing New Jersey residential programs
				for children as may be adopted.
1. When a
				program serves children placed or facilitated by the Department of Children and
				Families, that Department shall determine which of its rules apply to the
				program, as specified at N.J.A.C. 10:127 or 10:128. The applicable Department
				of Children and Families rules shall take precedence over Department of Human
				Services rules in such cases.
2.
				When a program serves children placed or facilitated by the Department of Human
				Services, that Department shall determine which of its rules apply to the
				program, as specified at N.J.A.C. 10:44A, 10:44B, 10:44C, or 10:47. The
				applicable Department of Human Services rules shall take precedence over
				Department of Children and Families rules in such cases.
3. When a program serves children placed or
				facilitated by both the Department of Human Services and the Department of
				Children and Families, the Departments shall agree on which rules take
				precedence.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 195 - STANDARDS FOR OUT-OF-STATE PROGRAMS SERVING CHILDREN › Subchapter 3 - CONTRACTS AND REPORTS › Section 10:195-3.1 - Contracts

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department
				shall contract with each out-of-State program in which children are
				placed.
(b) The contract shall
				indicate that the Department is authorized to conduct unannounced inspections
				of the program.
(c) The contract
				shall indicate that the Department is authorized to review and investigate
				unusual incidents occurring at the program or elsewhere that affect New Jersey
				service recipients. The contract shall indicate that the Department may take
				one or more of the following actions:
1.
				Assign Department staff to investigate the incident;
2. Refer the incident to another New Jersey
				Department for investigation;
3.
				Require the program to provide additional information concerning the incident,
				including the program's internal investigation;
4. Contract with a nationally recognized
				accrediting or advocacy organization to investigate the incident;
5. Request an investigation by the applicable
				agency in the state where the program is located; or
6. Request an investigation by the applicable
				law enforcement agency, when criminal actions are alleged or
				suspected.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 195 - STANDARDS FOR OUT-OF-STATE PROGRAMS SERVING CHILDREN › Subchapter 3 - CONTRACTS AND REPORTS › Section 10:195-3.2 - Reports of inspections and unusual incidents

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon completion
				of the evaluation and inspection of each out-of-State residential program, the
				Department shall provide a report of the evaluation and inspection to the
				placing agency and any other New Jersey Department placing or facilitating the
				placement of children at the program, along with any related information that
				may be obtained from the inspecting agency. The placing agency shall determine
				whether the program is appropriate to the needs of the children served.
1. The placing agency shall base its
				determination on the rules for private out-of-State placement at
				10:46B-4.3.
2. The placing agency's determination may be
				appealed as specified at N.J.A.C. 10:48.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 195 - STANDARDS FOR OUT-OF-STATE PROGRAMS SERVING CHILDREN › Subchapter 3 - CONTRACTS AND REPORTS › Section 10:195-3.3 - Reports to the Legislature and the public

Current through Register Vol. 56, No. 14, July 15, 2024
(a) By January
				6, 2011, the Department shall report to the Governor and the Legislature on its
				implementation of these rules concerning out-of-State placements of children,
				as well as the Department's efforts to expand New Jersey's capacity to provide
				in-State residential programs. Following the initial report and while the
				Department has children placed out-of-State, the Department shall issue such a
				report annually.
(b) The Department
				shall maintain on its official website,
www.state.nj.us/humanservices
,
				a list of all out-of-State programs in which New Jersey children receiving
				services from the Department are placed.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 1 - ADMINISTRATION, ORGANIZATION, AND MANAGEMENT › Subchapter 1 - OPERATION, PROCEDURES AND RULEMAKING ACTIVITY OF THE DEPARTMENT OF CORRECTIONS › Section 10A:1-1.1 - Functions of the agency

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department of Corrections (DOC), created by statute in 1976, is a principal Department in the Executive Branch of New Jersey State Government (see 30:1B-2). The functions of the DOC are to:
1. Protect the public and provide for the custody, care, discipline, training and treatment of persons committed to State correctional facilities;
2. Supervise and assist in the treatment and training of persons in local correctional facilities, so that such persons may be prepared for release and reintegration into the community;
3. Cooperate with other law enforcement agencies of the State to encourage a more unified system of criminal justice.
4. Provide maximum security confinement for offenders whose demonstrated propensity to acts of violence requires that these offenders be separated from the community;
5. Develop alternatives to conventional incarceration for offenders who can be dealt with more effectively in less restrictive community based facilities and programs;
6. Provide an environment for incarcerated persons which encourages rehabilitation and reintegration into the community; and
7. Protect the incarcerated offender from victimization within the correctional facilities of the DOC.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 1 - ADMINISTRATION, ORGANIZATION, AND MANAGEMENT › Subchapter 1 - OPERATION, PROCEDURES AND RULEMAKING ACTIVITY OF THE DEPARTMENT OF CORRECTIONS › Section 10A:1-1.2 - Procedure to petition for rulemaking

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pursuant to 52:14B-4(f), an interested person may petition for the promulgation of a new rule, or amendment or repeal of any existing rule of the Department of Corrections. A petition shall:
1. Be in writing;
2. Be legible and intelligible; and
3. Be signed by the petitioner.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 1 - ADMINISTRATION, ORGANIZATION, AND MANAGEMENT › Subchapter 1 - OPERATION, PROCEDURES AND RULEMAKING ACTIVITY OF THE DEPARTMENT OF CORRECTIONS › Section 10A:1-1.3 - Public and inmate information requests

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Members of the public, other than inmates, may obtain general information from the Department of Corrections by writing to the Department of Corrections, Office of Public Information at PO Box 863, Trenton, New Jersey 08625-0863, by accessing the official Department of Corrections website at
www.state.nj.us/corrections
, or by making a telephone call to (609) 292-4036.
(b) Inmates requesting information or services may contact the Corrections Ombudsperson by mail at PO Box 855, Trenton, New Jersey 08625-0855 or by making a toll-free call :
1. Within a correctional facility, using a pin number that is assigned by the Department of Corrections. This toll-free number is (555) 555-5555. A toll call can also be made to (609) 633-2596;
2. While participating in a Residential Community Reintegration Program by calling (800) 305-1811; and
3. As a member of the public by calling (888) 909-3244.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 1 - ADMINISTRATION, ORGANIZATION, AND MANAGEMENT › Subchapter 1 - OPERATION, PROCEDURES AND RULEMAKING ACTIVITY OF THE DEPARTMENT OF CORRECTIONS › Section 10A:1-1.4 - Reimbursement for costs of copying

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pursuant to 47:1A-5, correctional facilities and other administrative units within the Department of Corrections may charge the following fees for copying records deemed to be public:
$ 0.05 per letter size page or smaller, and $ 0.07 per legal size page or larger.
(b) Government agencies are exempt from cost of copying of documents.
(c) The copying fees for documents or records other than records deemed to be public shall also be based on the fee schedule in (a) above.
(d) When or if fees for the copying of public records change in accordance with 47:1A-5, these changes shall be published as a notice of administrative change in the New Jersey Register.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 1 - ADMINISTRATION, ORGANIZATION, AND MANAGEMENT › Subchapter 1 - OPERATION, PROCEDURES AND RULEMAKING ACTIVITY OF THE DEPARTMENT OF CORRECTIONS › Section 10A:1-1.5 - Rulemaking activity

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Department of Corrections rules are promulgated pursuant to the Administrative Procedure Act, 52:14B-1 et seq., and N.J.A.C. 1:30.
(b) The New Jersey Administrative Code (N.J.A.C.) is the official publication of the Office of Administrative Law and contains all effective rules adopted in accordance with the Administrative Procedure Act by agencies of the State of New Jersey. The rules of the Department of Corrections are established within N.J.A.C. Title 10A, Corrections.
(c) The public may make submissions or requests regarding the promulgation, amendment and repeal of any Departmental rules in accordance with 10A:1-1.2, Procedure to petition for rulemaking.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 1 - ADMINISTRATION, ORGANIZATION, AND MANAGEMENT › Subchapter 1 - OPERATION, PROCEDURES AND RULEMAKING ACTIVITY OF THE DEPARTMENT OF CORRECTIONS › Section 10A:1-1.6 - Notice of a proposed rule and opportunity to be heard

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A notice of a proposed rule may consist of:
1. A proposed new rule;
2. A proposed amendment to modify, alter or revise an existing rule;
3. A proposed repeal of a rule; or
4. A proposed readoption of a rule.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 1 - ADMINISTRATION, ORGANIZATION, AND MANAGEMENT › Subchapter 1 - OPERATION, PROCEDURES AND RULEMAKING ACTIVITY OF THE DEPARTMENT OF CORRECTIONS › Section 10A:1-1.7 - Calendar of Departmental rule activity

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A quarterly calendar of anticipated Departmental proposed rulemaking activities for the next six months may be available and published in the first New Jersey Register (N.J.R.) in the months of January, April, July and October.
1. When the Department of Corrections provides a 60 day comment period as indicated in the N.J.R. publication of a notice of a rule proposal, the calendar notice and N.J.R. publication of a calendar notice shall not be required.
2. When the Department of Corrections publishes a calendar in the N.J.R., access to the calendar may be obtained from:
i. The N.J.R. in issues from the months listed in (a) above;
ii. The official website of the Department of Corrections at
www.state.nj.us/corrections
; and
iii. By contacting the Department in accordance with 10A:1-1.3.
3. When the Department of Corrections publishes a calendar in the N.J.R., the calendar shall be:
i. Provided to the news media maintaining a press office in the New Jersey State House Complex; and
ii. Distributed to persons or groups likely to be affected by or interested in the calendar of anticipated Departmental proposed rulemaking activities such as, but not limited to, New Jersey State Law Libraries, the New Jersey State Parole Board, the American Civil Liberties Union of New Jersey, the New Jersey Association of Corrections, Departmental administrative staff, the custody staff bargaining unit, inmate advocacy groups, correctional facility Inmate Liaison Committees, correctional facility law libraries, and individuals or entities who have requested (see 10A:1-1.3 ) to be advised of the calendar of anticipated Departmental proposed rulemaking activities.
4. The reimbursement for costs of copying the anticipated Department of Corrections calendar of proposed rulemaking activities for the next six months when published in an issue of the N.J.R. shall be in accordance with 10A:1-1.4, Reimbursement for costs of copying.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 1 - ADMINISTRATION, ORGANIZATION, AND MANAGEMENT › Subchapter 2 - GENERAL PROVISIONS › Section 10A:1-2.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Unless otherwise stated, N.J.A.C. 10A:1 through 10A:30 shall be applicable to State correctional facilities under the jurisdiction of the Department of Corrections.
(b) Unless otherwise stated, N.J.A.C. 10A:31 through 10A:34 shall be applicable to municipal and county correctional facilities within the State of New Jersey.
(c) Pursuant to the Sexually Violent Predator Act (30:4-27.2 4 et seq.), the Department of Corrections shall be responsible for the operation of any Special Treatment Unit designated for the custody, care, control and treatment of sexually violent predators; therefore, when deemed necessary by the Commissioner of the Department of Corrections or designee, operational, custodial, security and medical care rules set forth within N.J.A.C. 10A:1 through 10A:30 shall be applicable to Special Treatment Units. Unless otherwise stated, N.J.A.C. 10A:35 shall be applicable to Special Treatment Units under the jurisdiction of the Department of Corrections.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 1 - ADMINISTRATION, ORGANIZATION, AND MANAGEMENT › Subchapter 2 - GENERAL PROVISIONS › Section 10A:1-2.3 - Chief Executive Officer

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pursuant to N.J.S.A. 30:1B-1et seq., the Chief Executive Officer of the Department of Corrections is the Commissioner of Corrections.
(b) The Commissioner shall determine all matters of policy, procedure, regulation, administration, operation, programs, operating units, and correctional facilities within the Department of Corrections.
(c) Individuals, work groups, and/or committees at COHQ shall be designated by the Commissioner, as needed, to act on behalf of the Commissioner in the day-to-day operation of correctional facilities.
1. The Commissioner shall change or modify designated individuals, work groups, and/or committees, as necessary, for functional continuity, as well as the safe and effective operation of the Department.
2. Individuals, work groups, and/or committees at COHQ designated by the Commissioner with an expressed purpose of improving safety, security, and/or inmate rehabilitation shall have oversight authority to supplement and override committees based in correctional facilities, such as the I.C.C., that may be identified in Title 10A of the New Jersey Administrative Code.
3. These individuals, work groups, and/or committees at COHQ, designated by the Commissioner, shall define their purpose, scope, and responsibilities in internal management procedures or internal operations memos, as may be required by the Commissioner.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 1 - ADMINISTRATION, ORGANIZATION, AND MANAGEMENT › Subchapter 2 - GENERAL PROVISIONS › Section 10A:1-2.4 - Rulemaking, policy and procedure making and exemption authority

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Commissioner, pursuant to 30:1B-1 et seq., is authorized to formulate, adopt, issue, promulgate, relax and exempt rules and regulations for the administration of correctional facilities, community programs and operational units within the Department of Corrections.
(b) The Commissioner is authorized to determine all matters of policy and procedure in order to regulate the operational issues associated with the administration of correctional facilities, community programs and operational units and to formulate, modify, relax, and exempt such policies, procedures and regulations when necessary, so that same can function safely and effectively within the Department of Corrections.
(c) The Commissioner may exempt a correctional facility, community program or operational unit from adherence to a rule or may relax certain requirements of a rule for good cause shown in a particular situation or in instances when strict compliance with a rule or all of its requirements would result in:
1. An undue hardship, unfairness or injustice;
2. An inability to meet a therapeutic, rehabilitative or medical need;
3. A security risk or imminent peril to the overall management, safe or orderly operation of a correctional facility, community program or operational unit;
4. An inability to utilize existing technology or apply technological innovations in order to meet penological objectives;
5. An inability to meet an operational need to ensure management effectiveness and efficiency; or
6. An inability to reasonably meet a time period requirement.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 1 - ADMINISTRATION, ORGANIZATION, AND MANAGEMENT › Subchapter 2 - GENERAL PROVISIONS › Section 10A:1-2.5 - Expiration of rule exemptions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All rule exemptions shall expire two years from the date of approval by the Commissioner.
(b) A rule exemption may be terminated prior to its expiration date when:
1. The special circumstances making the rule exemption necessary no longer exist; or
2. The Commissioner no longer approves the rule exemption.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 1 - ADMINISTRATION, ORGANIZATION, AND MANAGEMENT › Subchapter 2 - GENERAL PROVISIONS › Section 10A:1-2.6 - Effective dates of adopted and exempted rules

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Unless otherwise noted in the New Jersey Register, an adopted rule is effective on the date of its publication in the New Jersey Register.
(b) The effective date of a rule exemption shall be the date of the Commissioner's signature on Form 911 Request for Rule Exemption.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 1 - ADMINISTRATION, ORGANIZATION, AND MANAGEMENT › Subchapter 2 - GENERAL PROVISIONS › Section 10A:1-2.7 - Procedure for requesting rule exemptions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Requests for rule exemptions may be submitted by staff or committees to the Administrator for review.
(b) Requests for rule exemptions may be submitted by inmates or inmate groups to the Institutional Classification Committee (I.C.C.) for review. The I.C.C. shall review and submit inmate requests for rule exemptions to the Administrator along with recommendations for approval or disapproval. Such requests for rule exemptions must:
1. Be in writing;
2. Be legible and intelligible;
3. Contain the full name and address of the inmate or inmate group;
4. Contain the N.J.A.C. 10A citation of the rule for which the exemption is made; and
5. Include a clear and concise statement summarizing the substance of the rule exemption, why the suggestion is being requested and a summary of reasons for the exemption.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 1 - ADMINISTRATION, ORGANIZATION, AND MANAGEMENT › Subchapter 2 - GENERAL PROVISIONS › Section 10A:1-2.8 - Forms

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following form related to Administration, Organization and Management is available by accessing the Department of Corrections computer network (DOCNet). Interested individuals who do not have access to DOCNet may obtain copies of this form by contacting the Administrative Rules Unit, New Jersey Department of Corrections:
1. 911 Request for Rule Exemption.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 1 - ADMINISTRATION, ORGANIZATION, AND MANAGEMENT › Subchapter 3 - DISABILITY DISCRIMINATION GRIEVANCE PROCEDURE › Section 10A:1-3.1 - 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.
"ADA" means the Americans with Disabilities Act, 42 U.S.C.A. § 12101 et seq.
"Agency" means the New Jersey Department of Corrections.
"Designated decision maker" means the Commissioner of the Department of Corrections or designee.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 1 - ADMINISTRATION, ORGANIZATION, AND MANAGEMENT › Subchapter 3 - DISABILITY DISCRIMINATION GRIEVANCE PROCEDURE › Section 10A:1-3.2 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) These rules are adopted by the agency in satisfaction of the requirements of the ADA and regulations promulgated pursuant thereto, 28 C.F.R. 35.107.
(b) The purpose of these rules is to establish a designated coordinator whose duties shall include assuring that the agency complies with and carries out its responsibilities under the ADA. Those duties shall also include the investigation of any complaint filed with the agency pursuant to 10A:1-3.5 through 3.8.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 1 - ADMINISTRATION, ORGANIZATION, AND MANAGEMENT › Subchapter 3 - DISABILITY DISCRIMINATION GRIEVANCE PROCEDURE › Section 10A:1-3.3 - Required ADA notice

Current through Register Vol. 56, No. 14, July 15, 2024
In addition to any other advice, assistance, or accommodation provided, a copy of the following notice shall be given to anyone who inquires regarding the agency's compliance with the ADA or the availability of accommodation which would allow a qualified individual with a disability to receive services or participate in a program or activity provided by the agency.
The agency has adopted an internal grievance procedure providing for prompt and equitable resolution of grievances alleging any action prohibited by the U.S. Department of Justice regulations implementing Title 11 of the Americans with Disabilities Act. Title 11 states, in part, that "no otherwise qualified disabled individual shall, solely by reason of such disability, be excluded from participation in, be denied the benefits of or be subjected to discrimination" in programs or activities sponsored by a public entity.
Rules describing and governing the internal grievance procedure can be found in the New Jersey Administrative Code, N.J.A.C. 10A:1-3.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 1 - ADMINISTRATION, ORGANIZATION, AND MANAGEMENT › Subchapter 3 - DISABILITY DISCRIMINATION GRIEVANCE PROCEDURE › Section 10A:1-3.4 - Designated ADA coordinator

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The designated coordinator of ADA compliance and complaint investigation for the agency is:
ADA Coordinator
New Jersey Department of Corrections
PO Box 863
Trenton, New Jersey 08625-0863
(b) All inquiries regarding the agency's compliance with the ADA and the availability of accommodation which would allow a qualified individual with a disability to receive services or participate in a program or activity provided by the agency should be directed to the designated coordinator identified in (a) above.
(c) All grievances alleging that the agency has failed to comply with or has acted in a way that is prohibited by the ADA should be directed to the designated ADA coordinator identified in this section, in accordance with the procedures set forth in 10A:1-3.5 through 3.8.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 1 - ADMINISTRATION, ORGANIZATION, AND MANAGEMENT › Subchapter 3 - DISABILITY DISCRIMINATION GRIEVANCE PROCEDURE › Section 10A:1-3.5 - Grievance procedure

Current through Register Vol. 56, No. 14, July 15, 2024
A grievance alleging that the agency has failed to comply with the ADA or has acted in a way that is prohibited by the ADA shall be submitted either, in writing, or orally to the designated ADA coordinator identified at N.J.A.C. 10A:1-3.4 within 30 calendar days of the grievant becoming aware of the alleged violation. A grievance alleging employment discrimination will be processed pursuant to the rules of the Civil Service Commission, N.J.A.C. 4A:7-1.1 through 3.4, if those rules are applicable.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 1 - ADMINISTRATION, ORGANIZATION, AND MANAGEMENT › Subchapter 3 - DISABILITY DISCRIMINATION GRIEVANCE PROCEDURE › Section 10A:1-3.6 - Grievance contents

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A grievance submitted pursuant to this subchapter may be submitted in or on the form available from the ADA Coordinator, as indicated at N.J.A.C. 10A:1-3.4.
(b) All ADA grievances shall include the following information:
1. The name of the grievant, and/or any alternate contact person designated by the grievant to receive communication or provide information for the grievant;
2. The address and telephone number of the grievant or alternate contact person; and
3. A description of manner in which the ADA has not been complied with or has been violated, including times and locations of events and names of witnesses if appropriate.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 1 - ADMINISTRATION, ORGANIZATION, AND MANAGEMENT › Subchapter 3 - DISABILITY DISCRIMINATION GRIEVANCE PROCEDURE › Section 10A:1-3.7 - Investigation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon receipt of a verbal or written grievance submitted pursuant to this subchapter on the form provided by the ADA Coordinator, the designated ADA coordinator will notify the grievant of the receipt of the grievance and the initiation of an investigation into the matter. The ADA coordinator will also indicate a date by which the investigation is expected to be completed. The investigation completion date shall not be later than 45 calendar days from the date of receipt of the grievance, if practicable, or unless a later date is agreed to by the grievant.
(b) An investigation, as may be appropriate, will follow the filing of a grievance. The investigation will be conducted by the agency's designated ADA Coordinator. The rules contemplate informal, but thorough investigations, affording all interested persons and their representatives, if any, an opportunity to submit evidence relevant to a grievance.
(c) In most cases a written determination as to the validity of the grievance and a description of the resolution, if any, will be issued by the designated decision maker and a copy forwarded to the grievant no later than 45 days after its filing.
(d) Upon completion of the investigation, the designated ADA coordinator shall prepare a report for review by the designated decision maker for the agency. The designated decision maker shall render a written decision within 45 calendar days of receipt of the grievance, if practicable or unless a later date is agreed to by the grievant, which decision shall be transmitted to the grievant and/or the alternate contact person if so designated by the grievant.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 1 - ADMINISTRATION, ORGANIZATION, AND MANAGEMENT › Subchapter 3 - DISABILITY DISCRIMINATION GRIEVANCE PROCEDURE › Section 10A:1-3.8 - Rights of persons filing ADA grievances

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The right of a person to a prompt and equitable resolution of the grievance filed pursuant to this chapter will not be impaired by the person's pursuit of other remedies, such as the filing of an ADA grievance with the responsible Federal department or agency or the New Jersey Division on Civil Rights. Use of this grievance procedure is not a prerequisite to the pursuit of other remedies.
(b) This section will be construed to protect the substantive rights of interested persons, to meet appropriate due process standards, and to ensure that the agency complies with the ADA and implementing Federal rules.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 1 - ADMINISTRATION, ORGANIZATION, AND MANAGEMENT › Subchapter 4 - INMATE REMEDY SYSTEM › Section 10A:1-4.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of this subchapter is to establish:
1. The comprehensive Inmate Remedy System in which inmates may formally communicate with correctional facility staff to request information from, and present issues, concerns, and/or complaints to the correctional facility staff. The Inmate Remedy System also includes an "Administrative Appeal" through which inmates are encouraged to formally appeal to the Administrator or designee the decision or finding rendered by correctional facility staff in regard to the "Inmate Inquiry Form" or "Inmate Grievance Form" that was previously presented by the inmate. The Inmate Remedy System consists of:
i. An "Inmate Inquiry Form";
ii. An "Inmate Grievance Form"; and
iii. An "Administrative Appeal"; and
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 1 - ADMINISTRATION, ORGANIZATION, AND MANAGEMENT › Subchapter 4 - INMATE REMEDY SYSTEM › Section 10A:1-4.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this subchapter, shall have the following meanings:
"Coordinator of the Inmate Remedy System" or "Coordinator" means the staff member(s) designated by the Administrator to manage and coordinate the process and to oversee the handling of related forms and proceedings.
"Further deliberation" means additional time needed by correctional facility staff in order to further research, investigate or refer the issue presented by the inmate to a committee or another entity in order to provide a decision or finding to the inmate.
"Urgent request" means a request presented by the inmate on IRSF-100 Inmate Grievance Form in which the inmate expresses in writing a need for prompt action or response based upon a compelling, emergent, or serious circumstance, state, condition, or fact associated with the request.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 1 - ADMINISTRATION, ORGANIZATION, AND MANAGEMENT › Subchapter 4 - INMATE REMEDY SYSTEM › Section 10A:1-4.3 - Forms

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following forms related to this subchapter are printed by the Bureau of State Use Industries--DEPTCOR. Each correctional facility shall purchase a supply of these forms by contacting DEPTCOR:
1. IRSF-100 Inmate Grievance Form;
2. IRSF-101 Inmate Inquiry Form; and
3. IRSF-102 Staff Response Form.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 1 - ADMINISTRATION, ORGANIZATION, AND MANAGEMENT › Subchapter 4 - INMATE REMEDY SYSTEM › Section 10A:1-4.5 - Submitting and handling an "Inmate Inquiry Form" or an "Inmate Grievance Form"

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Form IRSF-100 and IRSF-101 Inmate Remedy System Forms shall be used by an inmate who wishes to formally communicate with correctional facility staff by submitting an "Inmate Inquiry Form" or an "Inmate Grievance Form" in writing in order to:
1. Obtain information, present an issue, concern, complaint, or problem to correctional facility staff; and/or
2. Request an interview with a correctional facility staff member regarding an issue, concern, complaint, or problem.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 1 - ADMINISTRATION, ORGANIZATION, AND MANAGEMENT › Subchapter 4 - INMATE REMEDY SYSTEM › Section 10A:1-4.6 - Submitting and handling an "Administrative Appeal"

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An inmate may appeal a response or finding received after exhausting the second step of the Inmate Remedy System as indicated in 10A:1-4.5 above. Utilizing the canary-colored copy of the IRSF-100 Inmate Grievance Form that was originally used to submit the "Inmate Grievance Form," the inmate shall complete Section 4 the "Administrative Appeal" box in PART 4 on the IRSF-100 Inmate Grievance Form.
(b) An "Administrative Appeal" must be submitted by the inmate, utilizing the canary-colored IRSF-101, within 10 calendar days from the issuance of the decision or finding of the correctional facility staff member to the "Inmate Grievance Form."
(c) The Administrator or designee shall review the "Administrative Appeal" and provide a decision or finding to the inmate within ten business days of receipt of the "Administrative Appeal."
(d) The decision or finding of the Administrator or designee to the "Administrative Appeal" is the final level of review and decision or finding of the New Jersey Department of Corrections.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 1 - ADMINISTRATION, ORGANIZATION, AND MANAGEMENT › Subchapter 4 - INMATE REMEDY SYSTEM › Section 10A:1-4.7 - Responsibilities of the Administrator

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Administrator or designee shall be responsible for:
1. Designating a correctional facility staff member(s) to coordinate and to be responsible for matters pertaining to the Inmate Remedy System;
2. Ensuring that "Inmate Inquiry Forms" and "Inmate Grievance Forms" submitted by inmates through the Inmate Remedy System are responded to by appropriate correctional facility staff in a timely manner;
3. Reviewing all "Administrative Appeals," making the final Department of Corrections decision relative to the "Administrative Appeal" and ensuring the decision or finding is provided to the inmate within the designated time frame; and
4. Ensuring the development and maintenance of written internal management procedures governing the Inmate Remedy System that are consistent with the requirements of this subchapter.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 1 - ADMINISTRATION, ORGANIZATION, AND MANAGEMENT › Subchapter 4 - INMATE REMEDY SYSTEM › Section 10A:1-4.8 - Responsibilities of the Coordinator of the Inmate Remedy System

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Coordinator or designee(s) shall be responsible for consulting with other staff when deemed necessary and for:
1. Ensuring the IRSF-100 Inmate Grievance Form and IRSF-101 Inmate Inquiry Form are available in designated areas of the correctional facility;
2. Ensuring forms are collected on a regular basis from the designated collection boxes excluding weekends and holidays, or when prevented by an emergency situation, or when an exceptional circumstance exists that can be documented by the Coordinator;
3. Reviewing each form submitted to determine if the form is properly completed, legible, signed, and includes clear and concise statements, and ensuring that the IRSF-103 Staff Redirection Form is completed and forwarded to the inmate when deemed necessary. The Coordinator may consult with appropriate correctional facility staff to determine that an inappropriate, incomplete, illegible, or unclear IRSF-101 should be returned to the inmate along with the IRSF-103 Staff Redirection Form;
4. Maintaining an inmate data base and/or log, to include a numbering system for purposes of tracking "Inmate Inquiry Forms," "Inmate Grievance Forms," and "Administrative Appeals" and to ensure a timely response and retaining all related forms and records in accordance with the record retention schedule approved by the Department of Corrections;
5. Reviewing all inmate "Inmate Inquiry Forms" to ascertain if an interview is reasonably practicable, warranted, appropriate, and necessary to address the issue, or whether the issue can be sufficiently addressed through a written response from the appropriate correctional facility staff member;
6. Determining whether the "Inmate Inquiry Form" or "Inmate Grievance Form" is to be handled as a routine request, an urgent request, or whether further deliberation is necessary. Such determinations shall be made after consultation with correctional facility staff;
7. Ensuring all "Inmate Inquiry Forms," "Inmate Grievance Forms," and "Administrative Appeals" are handled and processed within the designated time frames;
8. Ensuring appropriate correctional staff notify the inmate in writing when further deliberation is necessary; and
9. Distributing the "Inmate Inquiry Form," "Inmate Grievance Forms," and "Administrative Appeal" to appropriate correctional facility staff for research, investigation, referral, handling, and the rendering of a written decision or finding.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 1 - ADMINISTRATION, ORGANIZATION, AND MANAGEMENT › Subchapter 4 - INMATE REMEDY SYSTEM › Section 10A:1-4.9 - Responsibilities of correctional facility staff

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Certain correctional facility staff shall be assigned to conduct the research, investigation or referral of an issue presented by an inmate through the Inmate Remedy System. The staff may be responsible for:
1. Preparing a written response to the inmate request on IRSF--101 Inmate Remedy System Form, IRSF--102 Staff Response Form or IRSF--104 Assessment and Evaluation Form;
2. Ensuring all "Routine Inmate Requests" and "Interview Requests" are processed, the written response prepared, reviewed and forwarded to appropriate individuals within the designated time frames;
3. Reporting to the Coordinator when a "Routine Inmate Request" or "Interview Request" appears to be urgent or in need of further deliberation, the nature of which shall be specified; and
4. Providing Inmate Remedy System statistical data regarding receipt, interview and written responses, and related information to the Coordinator as needed.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 1 - ADMINISTRATION, ORGANIZATION, AND MANAGEMENT › Subchapter 10 - RESEARCH › Section 10A:1-10.1 - General research and experimentation provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No experimentation shall be conducted involving the use of inmates or employees of the New Jersey Department of Corrections except as provided by court order, consent decree, or other legal processes.
(b) The New Jersey Department of Corrections may authorize research projects that are conducted in accordance with this subchapter.
(c) Inmates shall not be permitted to receive compensation of any kind for their research participation from any agency or entity conducting a research project.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 1 - ADMINISTRATION, ORGANIZATION, AND MANAGEMENT › Subchapter 10 - RESEARCH › Section 10A:1-10.2 - Departmental Research Review Board (DRRB)

Current through Register Vol. 56, No. 14, July 15, 2024
The Commissioner or designee authorizes the use of a Departmental Research Review Board (DRRB) to be responsible for the review of research requests and to provide recommendations for approval or disapproval of such research requests.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 1 - ADMINISTRATION, ORGANIZATION, AND MANAGEMENT › Subchapter 10 - RESEARCH › Section 10A:1-10.3 - Requests to conduct research projects and the Departmental Research Review Board (DRRB)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person(s) or agency(ies) who wishes to conduct research projects shall complete and submit, to the Department of Corrections, the research request application package, which is available by contacting:
Departmental Research Review Board Office of Compliance and Strategic Planning New Jersey Department of Corrections
PO Box 863
Trenton, New Jersey 08625-0863
DOC_Research@doc.nj.gov
(b) In addition to completion of the research request application as instructed in the application package provided by the Department, a researcher shall also provide any additional information as may be required by the Department concerning a particular research project.
(c) The DRRB shall review the research request application package. This review shall consider whether or not the research will:
1. Adversely affect the maintenance of security and/or the orderly operation of the correctional facility or unit;
2. Create any risks to subjects of the research;
3. Involve the review of inmate records and adequately protect the confidentiality of certain data; and/or
4. Require inmate or staff participation, such as an interview or to respond to questionnaires.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 1 - ADMINISTRATION, ORGANIZATION, AND MANAGEMENT › Subchapter 10 - RESEARCH › Section 10A:1-10.4 - Informed consent requirement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Express written informed consent of the inmate or staff member shall be required:
1. To ensure that direct inmate and staff participation in any research project is on a voluntary basis; and
2. To authorize inspection of release of records pursuant to N.J.A.C. 10A:22.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 1 - ADMINISTRATION, ORGANIZATION, AND MANAGEMENT › Subchapter 10 - RESEARCH › Section 10A:1-10.5 - Refusal to participate in research

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An inmate or staff member shall not be required or coerced to participate in research activities.
(b) Refusal by an inmate to participate in research shall not result in adverse consequences or penalties for the inmate.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 1 - ADMINISTRATION, ORGANIZATION, AND MANAGEMENT › Subchapter 10 - RESEARCH › Section 10A:1-10.6 - Inmate records

Current through Register Vol. 56, No. 14, July 15, 2024
Confidentiality of inmate records and procedures for release or examination of records by authorized individuals or agencies shall be in accordance with N.J.A.C. 10A:22-2, Government records.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 1 - ADMINISTRATION, ORGANIZATION, AND MANAGEMENT › Subchapter 10 - RESEARCH › Section 10A:1-10.7 - Research findings

Current through Register Vol. 56, No. 14, July 15, 2024
The persons(s) or agency(s) who completes a research project must, prior to publication or any dissemination, make available the research findings or the results to the correctional facility Administrator, community program supervisor, or operational unit supervisor and the Commissioner, New Jersey Department of Corrections, for review and comments.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 1 - ADMINISTRATION, ORGANIZATION, AND MANAGEMENT › Subchapter 10 - RESEARCH › Section 10A:1-10.8 - Written internal management procedures

Current through Register Vol. 56, No. 14, July 15, 2024
Each correctional facility Administrator, community program supervisor, operational unit supervisor, and the appropriate Assistant Commissioner shall ensure the related written internal management procedures governing research projects and activities consistent with the requirements of this subchapter are reviewed at least annually and updated as necessary.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 1 - ADMINISTRATION, ORGANIZATION, AND MANAGEMENT › Subchapter 11 - PERSONAL PROPERTY OF INMATES › Section 10A:1-11.1 - Inmate's responsibility for personal property

Current through Register Vol. 56, No. 14, July 15, 2024
While incarcerated within a correctional facility, the inmate shall be responsible for his or her own personal property and shall keep personal property at his or her own risk.