reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 31 - ADULT COUNTY CORRECTIONAL FACILITIES › Subchapter 13 - MEDICAL, DENTAL AND HEALTH SERVICES › Section 10A:31-13.19 - Classification and Priority Treatment Program

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A written Classification and Priority Treatment Program shall be established that will place inmates into a dental scheduling system.
(b) The Classification and Priority Treatment Program shall use the date of the inmate's incarceration as a basis for placement on the dental treatment lists in all categories of classification.
(c) The Classification and Priority Treatment Program shall give priority scheduling to:
1. Inmates who need emergency dental treatment;
2. Inmates who have medical problems, such as allergies, diabetes, heart conditions and blood diseases; and
3. Inmates who do not have sufficient teeth to masticate the food provided by the adult county correctional facility.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 31 - ADULT COUNTY CORRECTIONAL FACILITIES › Subchapter 13 - MEDICAL, DENTAL AND HEALTH SERVICES › Section 10A:31-13.20 - Preventive dentistry

Current through Register Vol. 56, No. 14, July 15, 2024
Preventive dentistry shall be routinely implemented into the adult county correctional facility's dental program.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 31 - ADULT COUNTY CORRECTIONAL FACILITIES › Subchapter 13 - MEDICAL, DENTAL AND HEALTH SERVICES › Section 10A:31-13.22 - Mentally ill and developmentally disabled inmates

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Screening and referral for care shall be provided to mentally ill or developmentally disabled inmates whose adaptation to the adult county correctional facility environment is significantly impaired.
(b) The physician who is responsible for medical services shall provide a written list of symptoms or behavior indicative of mental illness and developmental disabilities and shall designate, in advance, specific referral sources.
(c) Facility personnel shall be trained regarding recognition of symptoms of mental illness and developmental disabilities.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 31 - ADULT COUNTY CORRECTIONAL FACILITIES › Subchapter 13 - MEDICAL, DENTAL AND HEALTH SERVICES › Section 10A:31-13.23 - Close medical supervision program

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A special program shall be established for inmates requiring close medical supervision.
(b) An individual medical treatment plan for inmates requiring close medical supervision shall be developed by a physician which includes directions to medical and non-medical personnel regarding the staff's role in the care and supervision of these inmates.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 31 - ADULT COUNTY CORRECTIONAL FACILITIES › Subchapter 13 - MEDICAL, DENTAL AND HEALTH SERVICES › Section 10A:31-13.24 - Suicide prevention and intervention plan

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The adult county correctional facility Administrator or designee shall ensure that a written suicide prevention and intervention plan shall be developed that is reviewed and approved by a qualified medical or mental health professional.
(b) This plan shall include provisions for training staff responsible for inmate supervision, as well as specific procedures for intake screening, identifying and supervising inmates who may be at risk for suicidal behavior.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 31 - ADULT COUNTY CORRECTIONAL FACILITIES › Subchapter 13 - MEDICAL, DENTAL AND HEALTH SERVICES › Section 10A:31-13.25 - Special diets

Current through Register Vol. 56, No. 14, July 15, 2024
Special medical diets shall be prepared and served to inmates as ordered by the physician or dentist who is responsible for medical or dental services (see 10A:31-10.4 ).
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 31 - ADULT COUNTY CORRECTIONAL FACILITIES › Subchapter 13 - MEDICAL, DENTAL AND HEALTH SERVICES › Section 10A:31-13.26 - Detoxification

Current through Register Vol. 56, No. 14, July 15, 2024
Detoxification from alcohol, barbiturates and similar drugs, when not provided in a hospital or community detoxification center, shall be performed at the adult county correctional facility under medical supervision.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 31 - ADULT COUNTY CORRECTIONAL FACILITIES › Subchapter 13 - MEDICAL, DENTAL AND HEALTH SERVICES › Section 10A:31-13.27 - Pharmaceutical management

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The adult county correctional facility's written standard operating procedures for the management of pharmaceuticals should be consistent with P.L. 2016, c. 70, and all other applicable statutes and shall also include:
1. A formulary;
2. Requirements that the facility shall adhere to regulations established by the State Board of Pharmacy regarding medications;
3. A policy regarding prescription practices which shall include, but not be limited to:
i. Prescriptions generated by consultant health providers;
ii. Blanket standing orders;
iii. Written prescriptions;
iv. Oral prescriptions; and
v. Renewal schedule of drugs.
4. Policies regarding medication dispensing and administration;
5. Policies on documenting the administration of medication; and
6. Policies regarding the maximum security storage, daily and weekly inventory, labeling, disposal upon expiration, and restocking of all controlled substances, syringes, needles and surgical instruments.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 31 - ADULT COUNTY CORRECTIONAL FACILITIES › Subchapter 13 - MEDICAL, DENTAL AND HEALTH SERVICES › Section 10A:31-13.28 - Medical records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A medical record shall be maintained for each inmate to accurately document all healthcare services in one or both of the following:
1. "Electronic medical record" (EMR), which is a healthcare record of an inmate in an electronic format that contains recorded information concerning the medical, dental and mental health history and related health activities of the inmate; and/or
2. "Medical reference file" (MRF), which is a paper, written or printed record that contains information concerning the medical, dental and mental health history and related health activities of an inmate.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 31 - ADULT COUNTY CORRECTIONAL FACILITIES › Subchapter 13 - MEDICAL, DENTAL AND HEALTH SERVICES › Section 10A:31-13.29 - Informed consent for treatment

Current through Register Vol. 56, No. 14, July 15, 2024
All examinations, treatments and procedures affected by informed consent standards in the community shall be likewise observed when providing care for inmates.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 31 - ADULT COUNTY CORRECTIONAL FACILITIES › Subchapter 13 - MEDICAL, DENTAL AND HEALTH SERVICES › Section 10A:31-13.30 - Quarterly and annual report

Current through Register Vol. 56, No. 14, July 15, 2024
The physician who is responsible for medical services shall prepare and submit to the adult county correctional facility Administrator a quarterly report on the health delivery system and an annual statistical summary of the health services provided to inmates during the previous year.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 31 - ADULT COUNTY CORRECTIONAL FACILITIES › Subchapter 13 - MEDICAL, DENTAL AND HEALTH SERVICES › Section 10A:31-13.31 - Responsibility of adult county correctional facility to notify the Department of Corrections of a death in custody

Current through Register Vol. 56, No. 14, July 15, 2024
In the case of a death of an inmate, the Administrator, or designee, of the adult county correctional facility shall be responsible to ensure that the New Jersey Department of Corrections is notified.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 31 - ADULT COUNTY CORRECTIONAL FACILITIES › Subchapter 14 - MISCELLANEOUS INMATE RIGHTS › Section 10A:31-14.1 - Presumption of innocence

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The presumption of innocence of pre-trial detainees shall be respected at all times, and adult county correctional facility staff shall take no action which may interfere with the detainee's right to:
1. Remain silent regarding the charges; or
2. Prepare a defense to the charges.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 31 - ADULT COUNTY CORRECTIONAL FACILITIES › Subchapter 14 - MISCELLANEOUS INMATE RIGHTS › Section 10A:31-14.2 - Protection from abuse

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Inmates shall be protected by adult county correctional facility staff from personal abuse, corporal punishment, personal injury, disease, property damage, and harassment.
(b) In accordance with the Federal Prison Rape Elimination Act of 2003 (PREA), 42 U.S.C. §§
										15601 et seq., a zero tolerance for the incidence of sexual assault shall be maintained at adult county correctional facilities.
(c) Appropriate disciplinary action shall be taken against facility staff who engage in abusive behavior and, when necessary, these cases will be referred to the county prosecutor.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 31 - ADULT COUNTY CORRECTIONAL FACILITIES › Subchapter 14 - MISCELLANEOUS INMATE RIGHTS › Section 10A:31-14.3 - Prohibition against discrimination

Current through Register Vol. 56, No. 14, July 15, 2024
(a) There shall be no discrimination on the basis of race, creed, color, ancestry, gender identity or expression, national origin, religion, economic status, political belief, affectional or sexual orientation, marital status, nationality or disability (see 10:5-3 ).
(b) Care, custody and treatment services of inmates shall be provided equally to male and female inmates.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 31 - ADULT COUNTY CORRECTIONAL FACILITIES › Subchapter 14 - MISCELLANEOUS INMATE RIGHTS › Section 10A:31-14.4 - Inmate grievance procedure

Current through Register Vol. 56, No. 14, July 15, 2024
A written inmate grievance procedure shall be afforded to all inmates which shall include at least one level of appeal.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 31 - ADULT COUNTY CORRECTIONAL FACILITIES › Subchapter 14 - MISCELLANEOUS INMATE RIGHTS › Section 10A:31-14.5 - Opportunity to practice religion

Current through Register Vol. 56, No. 14, July 15, 2024
Inmates shall be afforded full and equal opportunity to practice their religion, or refrain from involvement in religion, subject only to the limitations necessary to maintain the safe, secure and orderly operation of the facility (See 10A:31-26.3 ).
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 31 - ADULT COUNTY CORRECTIONAL FACILITIES › Subchapter 14 - MISCELLANEOUS INMATE RIGHTS › Section 10A:31-14.6 - Access to representatives of the media

Current through Register Vol. 56, No. 14, July 15, 2024
Inmates shall be afforded reasonable access to representatives of the media by correspondence, telephone and/or visits.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 31 - ADULT COUNTY CORRECTIONAL FACILITIES › Subchapter 15 - ACCESS TO THE COURTS › Section 10A:31-15.1 - Inmate access to courts

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Persons detained prior to trial and sentenced inmates have a constitutional right of access to the courts.
(b) Adult county correctional facility Administrators shall assist detainees and inmates in the preparation and filing of meaningful legal papers by providing law libraries or adequate assistance from persons trained in the law.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 31 - ADULT COUNTY CORRECTIONAL FACILITIES › Subchapter 15 - ACCESS TO THE COURTS › Section 10A:31-15.2 - Inmate Law Library

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the Inmate Law Library is the selected method in assisting inmates in the preparation and filing of legal papers, the Inmate Law Library shall be so located as to enable the inmates to be taken to the library to do research.
(b) Arrangements shall be made with a bar association, law school(s), or other law libraries to borrow law books not contained in the adult county correctional facility's own collection.
(c) Inmates who so request shall be given access to the Inmate Law Library on a schedule which permits as many inmates as possible to use the library, depending on:
1. The resources of the adult county correctional facility;
2. The availability of space; and
3. Security considerations.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 31 - ADULT COUNTY CORRECTIONAL FACILITIES › Subchapter 15 - ACCESS TO THE COURTS › Section 10A:31-15.3 - Access to supplies and services

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Inmates shall have access to legal supplies and services for preparing legal papers, such as:
1. Writing paper;
2. Pens;
3. Reproduction equipment; and
4. Large mailing envelopes.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 31 - ADULT COUNTY CORRECTIONAL FACILITIES › Subchapter 15 - ACCESS TO THE COURTS › Section 10A:31-15.4 - Attorneys and court related personal visits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Suitable meeting facilities shall be provided for inmates to meet with attorneys and representatives of attorneys in privacy with reasonable comfort.
(b) Representatives of attorneys may include:
1. Investigators;
2. Investigative aides;
3. Paralegals; and
4. Law students.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 31 - ADULT COUNTY CORRECTIONAL FACILITIES › Subchapter 15 - ACCESS TO THE COURTS › Section 10A:31-15.5 - Legal telephone calls

Current through Register Vol. 56, No. 14, July 15, 2024
Telephone access to attorneys, courts, probation officers, and parole officers shall be provided for all inmates who so request.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 31 - ADULT COUNTY CORRECTIONAL FACILITIES › Subchapter 16 - DISCIPLINARY PROCEDURES › Section 10A:31-16.1 - Disciplinary rules and sanctions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Equitable and consistent inmate discipline shall be employed to ensure the maintenance of security and the orderly operation of all adult county correctional facilities.
(b) Rules, upon which inmate discipline is based, must be reasonable and evenly applied, and the action taken to determine an alleged infraction must be based on findings of fact.
(c) The sanction(s) for infractions shall not be imposed in any manner that violates the inmate's civil rights. The sanction(s) must be related to the infraction, and must be fairly applied to all inmates.
(d) All persons who supervise the activities of inmates shall receive sufficient training to ensure that these staff members understand the rules of inmate conduct, the sanctions available and the rationale for the rules.
(e) N.J.A.C. 10A:4, Inmate Discipline, applies to State inmates incarcerated at adult county correctional facilities.
(f) Confinement of an inmate in a county correctional facility, for disciplinary, administrative, protective, investigative, medical, or other classification reasons, in a cell or similarly confined space, alone or with other inmates, for 22 hours or more per day, with severely restricted activity, movement, and social interaction shall be permitted only if the following general conditions and medical examination requirements and placement hearing conditions are met:
1. Prior to such confinement, inmates shall receive a preliminary medical and mental health examination conducted by a member of the medical staff within 12 hours of confinement and a clinical examination within 48 hours of confinement unless staffing levels require that the period for conducting the clinical examination be extended to 72 hours following confinement;
2. Absent exigent circumstances, unavoidable delays, or reasonable postponements, inmates shall have the right to an initial hearing within 72 hours of placement, and a review every 30 days thereafter; the right to appear at the hearing; the right to be represented at the hearing; an independent hearing officer; and a written statement of reasons for the decision made at the hearing ; and
3. An inmate in Disciplinary Detention must receive a mental health and physical health status examination, conducted by a member of the medical staff as frequently as clinically indicated, but at least once per week. These examinations must occur in a confidential setting outside of the cell, whenever possible. If it is determined that the inmate is a member of a vulnerable population, the inmate shall be immediately removed from Disciplinary Detention.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 31 - ADULT COUNTY CORRECTIONAL FACILITIES › Subchapter 16 - DISCIPLINARY PROCEDURES › Section 10A:31-16.2 - Disciplinary rule book

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Staff at the adult county correctional facility shall develop a written inmate disciplinary rule book which includes:
1. All chargeable offenses;
2. The schedule of sanctions;
3. The disciplinary procedures;
4. The disciplinary appeal process; and
5. A notice that N.J.A.C. 10A:4, Inmate Discipline, also applies to State sentenced inmates incarcerated within the adult county correctional facility.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 31 - ADULT COUNTY CORRECTIONAL FACILITIES › Subchapter 16 - DISCIPLINARY PROCEDURES › Section 10A:31-16.3 - Disciplinary report

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Employees shall prepare a disciplinary report when the employees have reasonable belief that an inmate has committed a violation of the adult county correctional facility rules.
(b) The disciplinary report shall include the following information:
1. The specific rule violated;
2. Facts supporting the charge;
3. Unusual inmate behavior;
4. Staff or inmate witnesses;
5. The disposition of any physical evidence;
6. Any immediate action taken, including the use of force;
7. The reporting staff member's signature;
8. The date and time the report is prepared; and
9. The date, time and name of staff person who delivers the disciplinary report to the inmate.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 31 - ADULT COUNTY CORRECTIONAL FACILITIES › Subchapter 16 - DISCIPLINARY PROCEDURES › Section 10A:31-16.4 - Inmate Law Library violation and sanctions

Current through Register Vol. 56, No. 14, July 15, 2024
Punishment for any Inmate Law Library infraction, such as damage to the law books or disruptive conduct, shall not ordinarily include denial of access to the Inmate Law Library (see 10A:31-15.2 ).
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 31 - ADULT COUNTY CORRECTIONAL FACILITIES › Subchapter 16 - DISCIPLINARY PROCEDURES › Section 10A:31-16.5 - Minor violations and sanctions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The immediate imposition of a sanction upon an inmate for a minor violation shall be referred to as On-The-Spot Correction.
(b) Written guidelines shall specify the minor violations that may be handled informally through the imposition of On-The-Spot Correction.
(c) The following are authorized sanctions for On-The-Spot Correction:
1. Verbal reprimand;
2. Loss of recreation privileges for a period of no more than five days;
3. Up to four hours of extra work duty;
4. Up to four hours confinement to tier, room or cell;
5. Loss of radio or television privileges for a period of no more than five days; and/or
6. Confiscation.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 31 - ADULT COUNTY CORRECTIONAL FACILITIES › Subchapter 16 - DISCIPLINARY PROCEDURES › Section 10A:31-16.6 - Major violations and sanctions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Major violations shall be defined as that conduct which is punishable by sanctions more stringent than those for minor violations.
(b) The following are authorized sanctions for major violations:
1. Up to 15 days Disciplinary Detention;
2. Loss of commutation time subject to confirmation by the adult county correctional facility Administrator;
3. Loss of privileges up to 30 days;
4. Forfeiture/confiscation;
5. Restitution;
6. Any sanction prescribed for On-the-Spot Correction; and/or
7. Suspension of any one or more of the above sanctions at the discretion of the Disciplinary Board/hearing officer for 60 days.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 31 - ADULT COUNTY CORRECTIONAL FACILITIES › Subchapter 16 - DISCIPLINARY PROCEDURES › Section 10A:31-16.7 - Notification of inmate

Current through Register Vol. 56, No. 14, July 15, 2024
(a) As a notification of the major violation charge(s), a copy of the disciplinary report shall be served upon the inmate within 48 hours of the violation unless there are exceptional circumstances, and at least 24 hours prior to the disciplinary hearing unless such notice is waived by the inmate in writing.
(b) The disciplinary report shall be delivered by the reporting staff member or the investigating officer. The report shall be signed by the person delivering it, and the time of delivery shall be noted.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 31 - ADULT COUNTY CORRECTIONAL FACILITIES › Subchapter 16 - DISCIPLINARY PROCEDURES › Section 10A:31-16.8 - Use immunity

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In all cases, the inmate shall be advised of his or her right to use immunity at any investigative interview and at the disciplinary hearing.
(b) The use immunity warning shall consist of a statement which indicates that any statements made in connection with the disciplinary hearing or evidence derived directly or indirectly from those statements shall not be used in any subsequent criminal proceeding.
(c) Failure to give the use immunity warning by the investigative officer shall not be grounds for dismissing the disciplinary report.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 31 - ADULT COUNTY CORRECTIONAL FACILITIES › Subchapter 16 - DISCIPLINARY PROCEDURES › Section 10A:31-16.9 - Investigation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An investigation of the infraction shall be conducted within 48 hours of the time the disciplinary report is served upon the inmate, unless there are exceptional circumstances for delaying the investigation.
(b) The adult county correctional facility Administrator shall appoint an investigating officer who was not involved in the incident to conduct the investigation.
(c) The inmate shall be advised of his or her right to consult with a counsel substitute prior to the Disciplinary Hearing.
(d) The inmate shall be advised of his or her right to waive the Disciplinary Hearing and plead guilty to the disciplinary charges.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 31 - ADULT COUNTY CORRECTIONAL FACILITIES › Subchapter 16 - DISCIPLINARY PROCEDURES › Section 10A:31-16.10 - Prehearing Detention

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Until the Disciplinary Hearing, the inmate shall remain in his or her existing status, unless the inmate 's presence in general population poses a danger to other inmates, staff members, himself or herself or the public.
(b) If Prehearing Detention is ordered by the shift supervisor, such order shall be reviewed within 24 hours by a supervisory employee who was not involved in the initial placement decision and shall also be reviewed by the adult county correctional facility Administrator, or designee, within 24 hours. Failure to do so shall return the inmate to his or her previous status.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 31 - ADULT COUNTY CORRECTIONAL FACILITIES › Subchapter 16 - DISCIPLINARY PROCEDURES › Section 10A:31-16.11 - Disciplinary Board/hearing officer

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All hearings for major offenses shall take place before a hearing officer or a Disciplinary Board composed of an impartial three-member panel which shall include one custody supervisor and two non-custody staff members.
(b) Any hearing officer or Disciplinary Board member shall be disqualified in every case in which the hearing officer or Board member:
1. Filed the complaint or witnessed the incident;
2. Participated as an investigating officer;
3. Will be charged with subsequent review of the decision; and/or
4. Has personal interest in the outcome.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 31 - ADULT COUNTY CORRECTIONAL FACILITIES › Subchapter 16 - DISCIPLINARY PROCEDURES › Section 10A:31-16.13 - Referral to the prosecutor

Current through Register Vol. 56, No. 14, July 15, 2024
All rule violations which may constitute crimes of the first, second, third or fourth degree under the Criminal Code of the State of New Jersey (2C:1-1 et seq.) shall be referred to the prosecutor of the county in which the adult county correctional facility is located.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 31 - ADULT COUNTY CORRECTIONAL FACILITIES › Subchapter 16 - DISCIPLINARY PROCEDURES › Section 10A:31-16.14 - Decision of the Disciplinary Board

Current through Register Vol. 56, No. 14, July 15, 2024
(a) At the conclusion of the Disciplinary Hearing, the Disciplinary Board/hearing officer shall issue a written decision taking into consideration the criteria set forth at N.J.A.C. 10A:31-16.1(f). This decision shall contain:
1. The finding on the question of guilt;
2. The sanction imposed;
3. A summary of the evidence upon which the finding is based, with the exception of confidential information which was withheld for security reasons;
4. A list of all non-confidential witnesses;
5. The reason requested witnesses were not called or cross-examination was not permitted if applicable;
6. The reason for the sanction which shall include such factors as the offender's past history and circumstances of the offense;
7. The date and time of the Disciplinary Hearing; and
8. The signatures of all Board members or the hearing officer.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 31 - ADULT COUNTY CORRECTIONAL FACILITIES › Subchapter 16 - DISCIPLINARY PROCEDURES › Section 10A:31-16.15 - Appeal of disciplinary decisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The inmate shall be advised of his or her right to appeal the decision of the Disciplinary Board/hearing officer.
(b) Appeals of disciplinary decisions shall be submitted to the adult county correctional facility Administrator in writing, within 48 hours of the Disciplinary Hearing.
(c) Appeals of disciplinary decisions shall be reviewed by the adult county correctional facility Administrator who shall affirm, rescind or down-grade the decision. The Administrator may reduce but may not increase the sanction imposed by the Disciplinary Board/hearing officer.
(d) Copies of the appeal and the disposition on appeal shall be forwarded to the Disciplinary Board and Classification Unit for their records.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 31 - ADULT COUNTY CORRECTIONAL FACILITIES › Subchapter 16 - DISCIPLINARY PROCEDURES › Section 10A:31-16.16 - Expungement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the Disciplinary Board/hearing officer finds the inmate innocent of the charges, all references to the offense shall be removed from the inmate's classification file.
(b) Copies of the disciplinary report, investigation and adjudication sheet shall be maintained by staff at the adult county correctional facility, the Disciplinary Board/hearing officer and the Classification Unit in the event of judicial review and for statistical and accounting purposes only. These records shall be maintained separately from the inmate's record.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 31 - ADULT COUNTY CORRECTIONAL FACILITIES › Subchapter 17 - DISCIPLINARY DETENTION › Section 10A:31-17.1 - Placement in Disciplinary Detention

Current through Register Vol. 56, No. 14, July 15, 2024
A decision to place an inmate in Disciplinary Detention may be made only by the Disciplinary Board/hearing officer subject to approval by the adult county correctional facility Administrator.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 31 - ADULT COUNTY CORRECTIONAL FACILITIES › Subchapter 17 - DISCIPLINARY DETENTION › Section 10A:31-17.2 - Time spent in Disciplinary Detention

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Inmates may be placed in Disciplinary Detention by the Disciplinary Board/hearing officer for a period not to exceed 15 days as a result of a single disciplinary charge.
(b) Inmates found guilty of multiple disciplinary charges may receive up to 15 days Disciplinary Detention for each charge provided that the total time to be served does not exceed 30 days in a 60-day period.
(c) An inmate shall not be placed in Disciplinary Detention for more than 20 consecutive days, or for more than 30 days during any 60-day period.
(d) The time an inmate spends in Disciplinary Detention shall be proportionate to the offense committed, taking into consideration:
1. The severity of the offense;
2. The inmate's prior conduct;
3. The inmate's specific program needs; and
4. Other relevant factors.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 31 - ADULT COUNTY CORRECTIONAL FACILITIES › Subchapter 17 - DISCIPLINARY DETENTION › Section 10A:31-17.3 - Disciplinary problems while in Disciplinary Detention

Current through Register Vol. 56, No. 14, July 15, 2024
In the event of further disciplinary infractions by the inmate(s) while in Detention, the inmate(s) shall be charged with the appropriate violation and be given a Disciplinary Hearing.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 31 - ADULT COUNTY CORRECTIONAL FACILITIES › Subchapter 17 - DISCIPLINARY DETENTION › Section 10A:31-17.4 - Security checks

Current through Register Vol. 56, No. 14, July 15, 2024
Security and visual observation checks in Disciplinary Detention shall take place in staggered and irregular intervals that are no more than 30 minutes apart.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 31 - ADULT COUNTY CORRECTIONAL FACILITIES › Subchapter 17 - DISCIPLINARY DETENTION › Section 10A:31-17.5 - Records in Disciplinary Detention

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A written log of all security checks and/or counts shall be maintained, and the log shall be signed by the respective custody staff member conducting the security check(s) and/or counts.
(b) Visits by medical, psychiatric, social work or custody supervisory staff, and all unusual behavior shall be noted in the log book together with the time and date.
(c) A record stating the following information shall be maintained in Disciplinary Detention:
1. The inmate's name;
2. The inmate's number;
3. The date of admission;
4. The type of infraction leading to Disciplinary Detention;
5. The expiration date of Disciplinary Detention; and
6. Any special problems, such as medical, behavioral, etc.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 31 - ADULT COUNTY CORRECTIONAL FACILITIES › Subchapter 17 - DISCIPLINARY DETENTION › Section 10A:31-17.6 - Security procedures for Disciplinary Detention

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each adult county correctional facility Administrator shall be responsible to develop written internal management procedures for the safe, secure and orderly operation of Disciplinary Detention and for setting forth the ratio of custody staff members to inmates.
(b) At no time in Disciplinary Detention shall more than one inmate at a time be out of his or her cell.
(c) The Disciplinary Detention area shall be equipped with an alarm device which, when activated, will alert the Center Control of any unusual occurrences. The alarm device shall be tested on each shift.
(d) A telephone(s) shall be available within Disciplinary Detention in order to provide immediate communication with the Center Control.
(e) All inmates in Disciplinary Detention may be strip searched any time they enter or leave the Disciplinary Detention area in accordance with internal management procedures of the adult county correctional facility.
(f) Bars, doors, windows, locks, corridors, floors and ceilings of the Disciplinary Detention area shall be checked daily and a written report completed and forwarded to the supervising custody staff member responsible for this area.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 31 - ADULT COUNTY CORRECTIONAL FACILITIES › Subchapter 17 - DISCIPLINARY DETENTION › Section 10A:31-17.7 - Correspondence, visits, and telephone calls

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Inmates in Disciplinary Detention shall have the same correspondence opportunities that are available to inmates in the general population.
(b) Inmates in Disciplinary Detention shall not be provided with visit or telephone opportunities while in Disciplinary Detention except for:
1. Legal visits and legal telephone calls when authorized by the adult county correctional facility Administrator or designee; and
2. Special visits or telephone calls when compelling reasons exist and when authorized by the adult county correctional facility Administrator or designee.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 31 - ADULT COUNTY CORRECTIONAL FACILITIES › Subchapter 17 - DISCIPLINARY DETENTION › Section 10A:31-17.8 - Recreation

Current through Register Vol. 56, No. 14, July 15, 2024
The facility shall provide inmate recreation outside the cells for at least five hours per week, unless security or safety considerations dictate otherwise.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 31 - ADULT COUNTY CORRECTIONAL FACILITIES › Subchapter 18 - PROTECTIVE CUSTODY › Section 10A:31-18.1 - Admission to Protective Custody

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An inmate may be placed in Protective Custody only with the approval of the adult county correctional facility Administrator, or designee. The facility shall keep a written record of a request by an inmate to be placed in voluntary Protective Custody. The inmate may be placed in voluntary Protective Custody only with informed, voluntary consent and when there is reasonable cause to believe that confinement is necessary to prevent reasonably foreseeable harm. When an inmate makes an informed voluntary request for Protective Custody, the correctional facility shall bear the burden of establishing a basis for refusing the request. The facility Administrator shall place an inmate in a less restrictive intervention, including transfer to the general population of another institution, or to a special-purpose housing unit for inmates who face similar threats, before placing the inmate in isolated confinement for protection, unless the inmate poses a security risk so great that transferring the inmate would be insufficient to ensure the inmate's safety.
(b) An inmate placed in Protective Custody shall receive similar opportunities for activities, movement, and social interaction, consistent with their safety and the safety of others, as are available to inmates in the general population of the facility. (See N.J.S.A. 30:4-82.8.d(4)(c)).
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 31 - ADULT COUNTY CORRECTIONAL FACILITIES › Subchapter 18 - PROTECTIVE CUSTODY › Section 10A:31-18.2 - Hearing procedure for involuntary placement to Protective Custody

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The adult county correctional facility's Classification Committee shall conduct a hearing for all involuntary Protective Custody placements within 72 hours of placement.
(b) At the involuntary Protective Custody review the inmate shall be given the opportunity to appear personally before the Classification Committee.
(c) The Classification Committee shall provide the inmate with a written notice of the committee's decision and a summary of the evidence relied upon.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 31 - ADULT COUNTY CORRECTIONAL FACILITIES › Subchapter 18 - PROTECTIVE CUSTODY › Section 10A:31-18.3 - Review of inmates in Protective Custody

Current through Register Vol. 56, No. 14, July 15, 2024
Each inmate in Protective Custody shall be reviewed every 30 days by the Classification Committee.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 31 - ADULT COUNTY CORRECTIONAL FACILITIES › Subchapter 18 - PROTECTIVE CUSTODY › Section 10A:31-18.4 - Release of inmates from Protective Custody

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Provided the Classification Committee and the adult county correctional facility Administrator, or designee, are satisfied that there is no known danger to the inmate's well-being, an inmate who has voluntarily signed himself or herself into Protective Custody may opt out of that status by providing an informed, voluntary, written refusal of that status on a release form.
(b) An inmate who has been placed in Protective Custody involuntarily may be released by the adult county correctional facility Administrator or designee upon recommendation by the Classification Committee when they are satisfied that the conditions giving rise to the inmate's placement in Protective Custody have abated or no longer exist.
(c) A release form that is signed by the adult county correctional facility Administrator and the inmate shall be placed in the inmate's classification folder.
(d) An inmate subject to removal from Protective Custody shall be provided with a timely, fair, and meaningful opportunity to contest the removal.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 31 - ADULT COUNTY CORRECTIONAL FACILITIES › Subchapter 18 - PROTECTIVE CUSTODY › Section 10A:31-18.5 - Security procedures for Protective Custody

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any inmate who is not in a Protective Custody status shall be prohibited from entering the Protective Custody area at any time.
(b) All Protective Custody inmates shall be escorted by the number of custody staff members established by protective custody internal management procedures any time the inmate or inmates leave the Protective Custody area.
(c) All inmates in Protective Custody shall be searched when entering and leaving the Protective Custody area.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 31 - ADULT COUNTY CORRECTIONAL FACILITIES › Subchapter 18 - PROTECTIVE CUSTODY › Section 10A:31-18.6 - Correspondence, visits and telephone calls

Current through Register Vol. 56, No. 14, July 15, 2024
The writing, visiting and telephone privileges of inmates shall not be suspended while the inmate(s) is confined in Protective Custody.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 31 - ADULT COUNTY CORRECTIONAL FACILITIES › Subchapter 19 - MAIL › Section 10A:31-19.1 - Limitation on outgoing and incoming mail

Current through Register Vol. 56, No. 14, July 15, 2024
(a) There shall be no limit on the amount of outgoing or incoming correspondence an inmate may send or receive.
(b) There shall be no restriction on the length, language or content of letters or on the persons to whom an inmate may write, except as established in this subchapter.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 31 - ADULT COUNTY CORRECTIONAL FACILITIES › Subchapter 19 - MAIL › Section 10A:31-19.2 - Cost of mailing correspondence by indigent inmates

Current through Register Vol. 56, No. 14, July 15, 2024
Indigent inmates shall be provided with postage and stationery enabling the inmates to send at least three letters of general correspondence per week.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 31 - ADULT COUNTY CORRECTIONAL FACILITIES › Subchapter 19 - MAIL › Section 10A:31-19.3 - Processing mail

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Daily collection, handling and distribution of inmate mail shall be done by authorized staff personnel only.
(b) Outgoing correspondence shall not be held within the adult county correctional facility more than 24 hours after the correspondence has been received or collected for mailing, except on weekends, holidays or during emergency incidents.
(c) Incoming correspondence will be delivered to the inmate within 24 hours after the correspondence has been received at the facility, excluding weekends and holidays and when precluded by an emergency incident.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 31 - ADULT COUNTY CORRECTIONAL FACILITIES › Subchapter 19 - MAIL › Section 10A:31-19.4 - Disapproved content

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any correspondence or publication for an inmate may be withheld in the mailroom or taken from an inmate's possession by the adult county correctional facility Administrator, designee or custody staff, if it falls within one of the following categories:
1. The correspondence or publication contains material that is detrimental to the security and/or order of the adult county correctional facility because it incites violence based upon race, religion, creed or nationality and a reasonable inference can be drawn, based upon the experience and professional expertise of correctional administrators, that it may result in the outbreak of violence within the facility.
2. The correspondence or publication contains information on the following subjects that, based upon the experience and professional expertise of correctional administrators and custody staff and judged in the context of a correctional facility and its paramount interest in security order and rehabilitation is detrimental to the secure and orderly operation of the correctional facility:
i. Explosives;
ii. Weapons;
iii. Controlled dangerous substances;
iv. Escape plans;
v. Lock picking or locking devices;
vi. Depictions or descriptions of procedures for the brewing of alcoholic beverages, or the manufacture of drugs; or
vii. Anything that might pose a threat to the safety, security or orderly operation of the adult county correctional facility;
3. The correspondence or publication contains information which appears to be written in code;
4. The correspondence or publication contains information concerning activities within or outside the adult county correctional facility which would be subject to criminal prosecution under the law of New Jersey or the United States;
5. The correspondence or publication incites violence or destructive or disruptive behavior toward:
i. Law enforcement officers;
ii. Department of Corrections or contract vendor personnel;
iii. Facility inmates, visitors and/or volunteers; or
iv. Facility protocols, programs or procedures; or
6. The correspondence or publication contains material, which, based upon the experience and professional expertise of correctional administrators and judged in the context of an adult county correctional facility and its paramount interest in maintaining safety, security, order and rehabilitation:
i. Taken as a whole, appeals to a prurient interest in sex;
ii. Lacks, as a whole, serious literary, artistic, political or scientific value; and
iii. Depicts, in a patently offensive way, actual or simulated sexual conduct including patently offensive representations or descriptions of ultimate sexual acts, masturbation, excretory functions, lewd exhibition of the genitals, child pornography, sadism, masochism or bestiality.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 31 - ADULT COUNTY CORRECTIONAL FACILITIES › Subchapter 19 - MAIL › Section 10A:31-19.5 - Inspection and reading of incoming mail and receipt of funds

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All incoming correspondence and packages shall be opened and inspected by designated adult county correctional facility staff for cash, checks, money orders, disapproved content (see 10A:31-19.4 ) and contraband (see 10A:31-1.3 ).
(b) Funds received through the mail shall be credited to the inmate's account and a receipt shall be given to the inmate. The Administrator may establish internal management procedures setting forth that money orders, checks and/or certified checks shall be the only approved form of funds received through the mail.
(c) Contraband and disapproved content shall be removed from incoming correspondence and the inmate shall be notified concerning the items removed and the disposition of the contraband. Contraband and disapproved content shall be fully described in the copy of adult county correctional facility rules and regulations given to the inmate upon admission to the facility (see 10A:31-21.4 ).
(d) Incoming inmate correspondence may not be read except when there is reliable information indicating that the mail is a threat to order and security, contains contraband or disapproved content, or when mail is being used in the furtherance of illegal activity. It shall be the responsibility of the adult county correctional facility Administrator to document that sufficient reason exists to read an inmate's correspondence.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 31 - ADULT COUNTY CORRECTIONAL FACILITIES › Subchapter 19 - MAIL › Section 10A:31-19.6 - Inspection of outgoing mail

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Outgoing correspondence shall be reviewed by designated adult county correctional facility staff to determine the sender. The Administrator may establish internal management procedures that stipulate if the sender of the correspondence cannot be identified, the correspondence can be destroyed.
(b) Inmates shall be permitted to seal outgoing correspondence and such correspondence shall not be opened, inspected or censored unless there is evidence to suspect that there is contraband or disapproved content enclosed or that a criminal activity is involved.
(c) Outgoing correspondence which is opened pursuant to this section shall be resealed and mailed promptly only when the correspondence does not contain contraband or disapproved content.
(d) The Administrator may establish internal management procedures that requires the full name of the adult county correctional facility be clearly stamped or printed and visible on the outside of all outgoing envelopes from inmates or inmate groups.