reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 5 - CLOSE CUSTODY UNITS › Subchapter 9 - RESTORATIVE HOUSING UNIT (R.H.U.) › Section 10A:5-9.4 - Inmate behaviors in the R.H.U

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Inmates in R.H.U. shall be responsible for their own:
1. Participation in authorized congregate interactions, structured activities, and educational programs;
2. Behavior modification enabling the inmate to return to general population;
3. Personal interactions and behaviors with others; and
4. Compliance with the rules of the Department, the correctional facility, and the R.H.U.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 5 - CLOSE CUSTODY UNITS › Subchapter 9 - RESTORATIVE HOUSING UNIT (R.H.U.) › Section 10A:5-9.5 - Assignment to the Restorative Housing Unit (R.H.U.)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All sanctions, or parts of sanctions, imposed by the Disciplinary Hearing Officer that include assignment to a Restorative Housing Unit (R.H.U.), shall be referred by the Disciplinary Hearing Officer to the Institutional Classification Committee (I.C.C.) for review. The I.C.C. shall consider any relevant factors including, but not limited to:
1. The circumstances and gravity of the disciplinary infraction;
2. The reason(s) given by the Disciplinary Hearing Officer for the sanction imposed;
3. The inmate's previous disciplinary record; and
4. Whether other available dispositions are adequate to regulate the inmate's behavior within acceptable limits.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 5 - CLOSE CUSTODY UNITS › Subchapter 9 - RESTORATIVE HOUSING UNIT (R.H.U.) › Section 10A:5-9.6 - Special Administrative Review Committee ("S.A.R.C." or "the Committee")

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The S.A.R.C. is responsible for providing a bimonthly review, or more frequent reviews if deemed necessary, of the status of inmates assigned to all Restorative Housing Units (R.H.U.).
(b) The Director of the Division of Operations shall designate the following four voting members to serve on the S.A.R.C:
1. An Associate Administrator or Assistant Superintendent from a facility;
2. A representative from the Division of Operations;
3. A chairperson from among the voting members; and
4. A supervisory custody staff member of the rank of Correction Major or a Lieutenant to attend each meeting of the S.A.R.C.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 5 - CLOSE CUSTODY UNITS › Subchapter 10 - TEMPORARY ADMINISTRATIVE HOUSING › Section 10A:5-10.1 - Temporary Administrative Housing (T.A.H.)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) T.A.H. is a temporary close custody unit for the non-punitive removal of an inmate from general population for a period not to exceed 72 hours to accommodate other temporary situations in which there is a concern for the safety of the inmate, or others, or in other emergent situations in which general population and other close custody units are not applicable. Inmates housed in this status for 20 hours or more shall be afforded the opportunity to have four hours of out-of-cell activity for every 24-hour period.
(b) Initial placement in T.A.H. shall be approved by a custody staff member of the rank of lieutenant or higher.
(c) Placement that extends 20 hours or more shall be approved by the Administrator or on call designee.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 6 - INMATE ACCESS TO COURTS › Subchapter 1 - GENERAL PROVISIONS › Section 10A:6-1.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of this chapter is to establish:
1. Policies under which inmates shall be provided with access to both State and Federal courts through the use of inmate law libraries and trained inmate paralegals;
2. Procedures whereby the records of correctional facilities can be altered to reflect an inmate's new legal name; and
3. Procedures regarding inmate lawsuits.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 6 - INMATE ACCESS TO COURTS › Subchapter 1 - GENERAL PROVISIONS › Section 10A:6-1.3 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise.
"Inmate law library" means an area within a correctional facility where legal reference materials are maintained and available for use by inmates in accordance with rules of the Department and internal management procedures of the correctional facility.
"Inmate paralegal" means an inmate who has been approved by the Institutional Classification Committee (I.C.C.) to render legal assistance to other inmates.
"Legal Services Coordinator" means a Department of Corrections Central Office staff person who coordinates the provision of inmate legal services with the correctional facility Administrator by ensuring correctional facilities maintain adequate legal materials in inmate law libraries and by maintaining a program for the purpose of training inmate paralegals.
"Notary service" means service provided by a notary public who is authorized by law and currently commissioned by the State Treasurer to certify or attest documents, take affidavits, administer oaths, and perform other services ordinarily performed by a notary public.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 6 - INMATE ACCESS TO COURTS › Subchapter 2 - INMATE LEGAL SERVICES › Section 10A:6-2.1 - Inmate access to courts

Current through Register Vol. 56, No. 14, July 15, 2024
Inmates have a constitutional right of access to the courts. Correctional facility authorities shall assist inmates in the preparation and filing of meaningful legal papers by providing inmates with adequate law libraries or adequate assistance from persons trained in the law.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 6 - INMATE ACCESS TO COURTS › Subchapter 2 - INMATE LEGAL SERVICES › Section 10A:6-2.2 - Inmate legal services

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Inmate legal services as established in this subchapter, which permit access to the courts, shall include the following:
1. Establishment and use of an inmate law library or access to legal reference materials;
2. Photocopying services;
3. Opportunity to make legal telephone calls;
4. Provision of supplies, such as pens and paper, when needed;
5. Use of typewriters to the extent that they are available and/or operable;
6. Notary service;
7. Assistance of inmate paralegals; and
8. Payment of postage for indigent inmates.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 6 - INMATE ACCESS TO COURTS › Subchapter 2 - INMATE LEGAL SERVICES › Section 10A:6-2.3 - Availability of legal services

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Inmate legal services shall be available to all inmates.
(b) Based on the availability of space, supervisory staff and the security needs of the correctional facility, the Administrator or designee shall determine those inmates who may have direct personal access to legal reference materials and related services.
(c) Inmates who, in the discretion of the Administrator or designee, may not have direct personal access to legal reference materials and related services shall receive legal reference materials and related services from assigned inmate paralegals.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 6 - INMATE ACCESS TO COURTS › Subchapter 2 - INMATE LEGAL SERVICES › Section 10A:6-2.4 - Inmate law library

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each correctional facility Administrator or designee shall be responsible for establishing and maintaining an inmate law library and for developing internal management procedures for library use and supervision. The procedures shall specify:
1. Law library hours;
2. Number of inmates who may use the library at one time;
3. Persons responsible for the supervision of inmates;
4. Limitation(s) on removal of legal reference materials;
5. Provision of supplies such as pens and paper;
6. Typewriter and/or word processor use; and
7. Any additional rules deemed necessary by the Administrator or designee.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 6 - INMATE ACCESS TO COURTS › Subchapter 2 - INMATE LEGAL SERVICES › Section 10A:6-2.5 - Legal photocopying services; general provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department of Corrections shall provide photocopies of legal material, as that term is defined in 10A:1-2.2 to inmates at the rate of $.10 per page, in accordance with the guidelines and limitations set forth in this subchapter.
(b) Staff at each correctional facility shall establish written procedures by which inmates are permitted to have legal material photocopied.
(c) At a minimum, inmates may submit legal material to be photocopied to a staff member designated by the Supervisor of Education, or an inmate paralegal under the supervision of a designated staff member, during the hours established by the Administrator or designee. The original and photocopies of the legal material shall be returned to the inmate within four business days of submission unless return of the legal material is prevented by exceptional circumstances.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 6 - INMATE ACCESS TO COURTS › Subchapter 2 - INMATE LEGAL SERVICES › Section 10A:6-2.6 - Legal photocopying services for indigent inmates

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department of Corrections shall provide photocopies of legal material at no charge to the indigent inmate as defined in 10A:1-2.2, in accordance with the guidelines and limitations in this subchapter.
(b) Only legal material that must be photocopied for a legitimate purpose, related to pending litigation challenging an indigent inmate's sentence, directly or collaterally, or challenging the conditions of confinement, such as civil rights actions and/or writs of habeas corpus, will be photocopied for indigent inmates at the expense of the Department of Corrections. Such legal materials may include supporting documents, such as relevant prior correspondence and copies of receipts, which are to be attached to court documents. The legal material submitted for photocopying may be reviewed by the Supervisor of Education or designee, in order to determine whether the legal material:
1. Falls within the definition of legal material provided in 10A:1-2.2; and
2. Must be photocopied for a legitimate purpose related to pending litigation; or
3. Should be duplicated by typing instead of photocopying, as provided by (d) below.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 6 - INMATE ACCESS TO COURTS › Subchapter 2 - INMATE LEGAL SERVICES › Section 10A:6-2.7 - Legal photocopying services for nonindigent inmates

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department of Corrections shall provide photocopies of legal material to nonindigent inmates in accordance with the guidelines and limitations established in this subchapter.
(b) A nonindigent inmate shall be charged for the cost of all photocopying of legal material as established at 10A:6-2.5(a).
(c) If the nonindigent inmate has temporarily overdrawn his or her account or has a balance in the account, but the balance is not sufficient to pay the cost of all photocopying of legal material, the correctional facility shall:
1. Remove from the nonindigent inmate's account the amount available in accordance with (h)1 below;
2. Charge the nonindigent inmate's account the amount owed the correctional facility; and
3. Advise the nonindigent inmate via the inmate's monthly account statement of the amount owed.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 6 - INMATE ACCESS TO COURTS › Subchapter 2 - INMATE LEGAL SERVICES › Section 10A:6-2.8 - Legal telephone calls

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Administrator or designee shall establish written internal management procedures by which inmate paralegals and/or professional staff members may place telephone calls to the following individuals or agencies for purposes of requesting assistance in legal research or preparation of legal documents for inmates:
1. The Office of the Public Defender;
2. Regional Legal Services;
3. Court Clerks;
4. Attorneys; and
5. The Office of the Corrections Ombudsperson.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 6 - INMATE ACCESS TO COURTS › Subchapter 2 - INMATE LEGAL SERVICES › Section 10A:6-2.9 - Legal supplies and forms

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Legal supplies such as paper, envelopes and pens shall be provided in reasonable amounts as needed to all inmates who request them for legal purposes. All inmates may be required to justify the need for unusually large amounts of legal supplies.
(b) Frequently used legal forms and applications shall be made available through the inmate law library.
(c) Typewriters and/or word processors, to the extent that they are available and/or operable, may be provided for inmate use in the inmate law library area in Close Custody Units.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 6 - INMATE ACCESS TO COURTS › Subchapter 2 - INMATE LEGAL SERVICES › Section 10A:6-2.10 - Notary public service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each Administrator is responsible for ensuring that inmates have reasonable access to notary public services.
(b) Inmates shall not be permitted to be made notary publics, to perform notary public services or possess notary public equipment such as a seal or stamp.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 6 - INMATE ACCESS TO COURTS › Subchapter 2 - INMATE LEGAL SERVICES › Section 10A:6-2.11 - Inmate legal material

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each inmate shall be permitted to retain personal legal material in his or her housing unit. This legal material shall be subject to contraband search only.
(b) The Administrator may establish internal management procedures that limit the accumulation of personal legal materials in an inmate's housing unit. Any limitation on the accumulation of personal legal materials shall be based on the amount in relation to:
1. Security;
2. Sanitation;
3. Fire hazard considerations; and
4. Housing unit space available.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 6 - INMATE ACCESS TO COURTS › Subchapter 2 - INMATE LEGAL SERVICES › Section 10A:6-2.12 - Inmate paralegals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Administrator or designee shall be responsible for establishing:
1. Criteria for considering inmates to be assigned as paralegals;
2. Duties and responsibilities of inmate paralegals; and
3. Hours which inmate paralegals will be on duty in the inmate law library and available in Close Custody Units.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 6 - INMATE ACCESS TO COURTS › Subchapter 2 - INMATE LEGAL SERVICES › Section 10A:6-2.13 - Inmate paralegal training course

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Legal Services Coordinator shall be responsible for training inmate paralegals.
(b) Inmate paralegals shall successfully complete an Introduction to Paralegal Functions course which includes training in:
1. Basic legal research including locator skills and determining the history of a case by using Shepard's Citators and the Shepardizing process;
2. How to Complete Legal Forms;
3. Basic Familiarity with Habeas Corpus Petitions;
4. Motions for New Trials;
5. Direct Appeals;
6. Civil Rights Actions;
7. Motions for Post-Conviction Relief;
8. Descriptions of the State and Federal Court Systems; and
9. Other actions pertaining to inmates' welfare.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 6 - INMATE ACCESS TO COURTS › Subchapter 2 - INMATE LEGAL SERVICES › Section 10A:6-2.14 - General provisions regarding legal assistance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Nothing contained in this subchapter shall preclude an inmate from obtaining legal assistance from any other inmate, except that only inmates designated as paralegals:
1. Will be granted access to Close Custody Units; and
2. May act as a counsel substitute at disciplinary and other correctional facility hearings.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 6 - INMATE ACCESS TO COURTS › Subchapter 2 - INMATE LEGAL SERVICES › Section 10A:6-2.15 - Written internal management procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Administrator or designee of each correctional facility shall ensure that written internal management procedures pursuant to this subchapter are established. These written internal management procedures shall be known as the Institutional Legal Access Plan and shall be incorporated into the next revision of the correctional facility Inmate Handbook. A copy of the written internal management procedures shall also be posted in the inmate law library.
(b) New and revised internal management procedures to the Institutional Legal Access Plan shall be posted in each housing area and in the Inmate Law Library. These revisions shall be incorporated into the next publication of the Inmate Handbook.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 6 - INMATE ACCESS TO COURTS › Subchapter 2 - INMATE LEGAL SERVICES › Section 10A:6-2.16 - Departmental review

Current through Register Vol. 56, No. 14, July 15, 2024
Written correctional facility internal management procedures regarding inmate legal services and any new internal management procedures related to this subject shall be submitted to the Office of Policy and Planning for review prior to implementation.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 6 - INMATE ACCESS TO COURTS › Subchapter 3 - RECORDING LEGAL CHANGE OF INMATE'S NAME › Section 10A:6-3.1 - Inmate responsibilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In order to have Department of Corrections' records altered to reflect a new legal name, the inmate must:
1. Legally change his or her name in accordance with 2A:52-1 et seq. and Rules of Court 4:72-1 et seq.;
2. Submit an authentic copy of the court order to the Administrator's office of the correctional facility to which he or she is assigned;
3. Submit verification, to the Administrator's office of the correctional facility, which documents that a copy of the judgment was published in a newspaper of general circulation in the inmate's county of residence within 20 days of the court judgment. The inmate's county of residence shall be considered the county of his or her last known residence as is reflected in the Department of Corrections' records, unless otherwise specified by a judge's order; and
4. Submit verification, to the Administrator's office of the correctional facility, which documents that a certified copy of the judgment was filed with the Secretary of State within 45 days of the court judgment.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 6 - INMATE ACCESS TO COURTS › Subchapter 3 - RECORDING LEGAL CHANGE OF INMATE'S NAME › Section 10A:6-3.2 - Amendment of correctional facility records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Administrator or designee shall order that the correctional facility records to include the computerized inmate information recordkeeping systems be amended to reflect the inmate's new legal name after the requirements of 10A:6-3.1(a)  have been satisfactorily fulfilled.
(b) Each department, within the correctional facility, which maintains a record of the inmate shall be notified in writing of the inmate's new legal name. The departments shall be instructed to show the original legal name as an alias.
(c) The Administrator shall also notify the following of the inmate's name change:
1. The Offender Records Unit, Department of Corrections; and
2. The Offender Based Correctional Information System (O.B.C.I.S.) Data Base, Department of Corrections.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 6 - INMATE ACCESS TO COURTS › Subchapter 3 - RECORDING LEGAL CHANGE OF INMATE'S NAME › Section 10A:6-3.3 - "Common law" change of name

Current through Register Vol. 56, No. 14, July 15, 2024
No correctional facility records shall be altered if an inmate decides to change his or her name through the "common law" practice, that is, on the inmate's own authority and without any legal court proceedings.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 6 - INMATE ACCESS TO COURTS › Subchapter 3 - RECORDING LEGAL CHANGE OF INMATE'S NAME › Section 10A:6-3.4 - Inmate handbook

Current through Register Vol. 56, No. 14, July 15, 2024
The procedure whereby an inmate can legally change his or her name shall be incorporated into the Inmate Handbook.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 6 - INMATE ACCESS TO COURTS › Subchapter 4 - INMATE LAWSUITS › Section 10A:6-4.1 - Filing fee for civil action or proceeding in Federal court

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In accordance with 28 U.S.C. §
										1915, Proceedings in forma pauperis, an inmate may request to bring a civil action in a court of the United States, or an appeal of a judgment in a civil action or proceeding in a court of the United States, without the prepayment of fees.
(b) An inmate seeking to proceed in accordance with (a) above shall submit a request to the correctional facility Business Manager for a certified copy of his or her trust fund account statement for the six-month period immediately preceding the filing of the complaint or notice of appeal. The Business Manager or designee shall provide the trust fund account statement in a timely manner.
(c) Upon receipt by the correctional facility of any court order issued pursuant to (a) above regarding the payment of filing fees, the correctional facility Business Manager shall deduct funds from the inmate's account to pay any initial partial filing fee in accordance with the terms of the court order, and the balance of any filing fee in accordance with 28 U.S.C. §
										1915, 10A:2-2.2, and the terms of the court order.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 6 - INMATE ACCESS TO COURTS › Subchapter 4 - INMATE LAWSUITS › Section 10A:6-4.2 - Filing fee for civil action or proceeding in State court

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If an inmate files an action or proceeding in any court of this State, including an appeal from an administrative decision of the State Parole Board or the Department of Corrections, the inmate may request a waiver of filing fees on the grounds of indigency. Pursuant to 30:4-16.3, a request for waiver of the filing fee shall include a certified copy of the prisoner's fund account statement for the six months immediately preceding the filing of the complaint or petition.
(b) An inmate shall obtain a certified copy of his or her prisoner's fund account statement, also known as a trust fund account statement, by submitting a written request to the correctional facility's Business Manager or designee. The Business Manager or designee shall provide the trust fund account statement in a timely manner.
(c) The Business Manager or designee shall process payment from the inmate's account for any filing fee or partial filing fee in accordance with 30:4-16.3 and the terms of the court order.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 6 - INMATE ACCESS TO COURTS › Subchapter 4 - INMATE LAWSUITS › Section 10A:6-4.3 - Forfeiture of commutation credits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In accordance with 30:4-16.2, if a lawsuit is filed by an inmate in any New Jersey State court to harass or retaliate against another individual, to disrupt or interfere with the operation of the correctional facility, or for some other malicious purpose, and has been determined by the New Jersey State court to be frivolous, the inmate shall be subject to loss of commutation credits authorized pursuant to 30:4-140 (see 10A:9-5.3 ).
(b) Upon receipt of information from the State court indicating that an action or proceeding filed by an inmate has been determined to be frivolous, the correctional facility Administrator or designee shall provide the inmate with a written notice. The written notice shall:
1. Identify the action or proceeding which has been determined to be frivolous; and
2. Set forth the number of commutation credits to be forfeited.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 6 - INMATE ACCESS TO COURTS › Subchapter 4 - INMATE LAWSUITS › Section 10A:6-4.4 - Civil action money judgment; use of funds

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A monetary judgment awarded to an inmate as a result of a civil action shall be deposited in the inmate's correctional facility account and, in accordance with 30:4-16.4 and 10A:2-2.2, shall be used to satisfy outstanding court-imposed obligations or claims for reimbursement for medical treatment.
(b) After satisfaction of obligations or claims set forth in (a) above, a monetary judgment awarded to an inmate as a result of a civil action that has been deposited into the inmate's correctional facility account shall be used for other revenue obligations or fees such as, but not limited to, correctional facility restitution or the cost of mailing legal correspondence for indigent inmates.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 7 - INMATE ABUSE REPORTING AND INVESTIGATION › Subchapter 1 - INMATE ABUSE REPORTING AND INVESTIGATION › Section 10A:7-1.1 - Inmate abuse reporting and investigation

Current through Register Vol. 56, No. 14, July 15, 2024
The Department shall maintain a required Inmate Abuse Reporting and Investigation program in accordance with N.J.S.A. 30:1B-39 through 45, effective August 1, 2020. This chapter is in addition to existing Prison Rape Elimination Act (PREA) compliance processes and internal management procedures.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 7 - INMATE ABUSE REPORTING AND INVESTIGATION › Subchapter 1 - INMATE ABUSE REPORTING AND INVESTIGATION › Section 10A:7-1.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and phrases, when used in this chapter, shall have the following meanings, unless the context indicates otherwise:
"Employee" is a person employed by the State to work at a State correctional facility or a person employed by a private entity under contract with the State to provide contracted services at a State correctional facility.
"Inmate Abuse Liaison" is the person designated by the Commissioner of Corrections to receive reports of suspected inmate abuse.
"State correctional facility" means a correctional facility listed in section 8 of P.L. 1976, c. 98 (N.J.S.A. 30:1B-8).
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 7 - INMATE ABUSE REPORTING AND INVESTIGATION › Subchapter 1 - INMATE ABUSE REPORTING AND INVESTIGATION › Section 10A:7-1.3 - Obligation to report inmate abuse

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any employee of a State correctional facility, who, as a result of information obtained in the course of employment, has reasonable cause to suspect or believe that an inmate is being, or has been, abused by any other employee of the State correctional facility shall report the information in a timely manner to the designated Inmate Abuse Liaison.
(b) Any other person having reasonable cause to suspect or believe that an inmate is being or has been abused by an employee of a State correctional facility may report the information to the Inmate Abuse Liaison.
(c) Any employee of a State correctional facility who has reasonable cause to suspect or believe that an inmate is being, or has been, abused by any other employee of the State correctional facility and fails to report it shall be subject to internal Department disciplinary action.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 7 - INMATE ABUSE REPORTING AND INVESTIGATION › Subchapter 1 - INMATE ABUSE REPORTING AND INVESTIGATION › Section 10A:7-1.4 - Report contents

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The report shall be made on the suspected Inmate Suspected Abuse form and must contain, at a minimum, the following:
1. Name of the inmate;
2. Name of the employee who is suspected of abusing the inmate (if known);
3. Name of the inmate and State correctional facility and the unit in which the inmate is confined (if known); and
4. Information regarding the nature of the suspected abuse and any other information that might be helpful in an investigation of the case and the protection of the inmate.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 7 - INMATE ABUSE REPORTING AND INVESTIGATION › Subchapter 1 - INMATE ABUSE REPORTING AND INVESTIGATION › Section 10A:7-1.5 - Inmate Abuse Reporting Program

Current through Register Vol. 56, No. 14, July 15, 2024
The Inmate Abuse Reporting Program will include training of State correctional facility employees, designation of an Inmate Abuse Liaison by the Department of Corrections Commissioner, and information coordination with the Department Special Investigations Division (SID) and applicable county prosecutors.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 7 - INMATE ABUSE REPORTING AND INVESTIGATION › Subchapter 1 - INMATE ABUSE REPORTING AND INVESTIGATION › Section 10A:7-1.6 - Training

Current through Register Vol. 56, No. 14, July 15, 2024
(a) State correctional facility employees shall receive, at a minimum, training in areas:
1. Recognizing probable incidents of behavior that constitute inmate abuse and other abuse prevention strategies;
2. The duty to report all suspected inmate abuse; and
3. How to report suspected inmate abuse including the name and telephone number of the person designated by the Commissioner of Corrections (the Inmate Abuse Liaison) who shall be notified of any suspected inmate abuse.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 7 - INMATE ABUSE REPORTING AND INVESTIGATION › Subchapter 1 - INMATE ABUSE REPORTING AND INVESTIGATION › Section 10A:7-1.7 - Inmate Abuse Liaison

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Commissioner of Corrections shall designate one or more DOC employees who are not employees of any State correctional facility to serve as the Inmate Abuse Liaison(s) for State correctional facility employees or, any other person to notify when there is reasonable cause to suspect that an inmate is being, or has been, abused by any employee of the correctional facility.
(b) The Inmate Abuse Liaison shall transmit all reported incidents or allegations of inmate abuse to the Commissioner of Corrections, or a designee. The Commissioner shall cause a prompt investigation of any report of inmate abuse by the Special Investigations Division or other agency, as may be appropriate.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 7 - INMATE ABUSE REPORTING AND INVESTIGATION › Subchapter 1 - INMATE ABUSE REPORTING AND INVESTIGATION › Section 10A:7-1.8 - Reporting inmate abuse to the county prosecutor

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Commissioner of Corrections, or a designee, shall promptly report all instances of suspected inmate abuse, as determined by an investigation, to the county prosecutor of the county in which the State correctional facility is located. The report to county prosecutor shall be in accordance with regulations or internal policies adopted by the Commissioner in consultation with the County Prosecutors Association of New Jersey and the State Attorney General.
(b) Upon receipt of a report, the county prosecutor may conduct a review of the suspected inmate abuse and take any appropriate action.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 7 - INMATE ABUSE REPORTING AND INVESTIGATION › Subchapter 1 - INMATE ABUSE REPORTING AND INVESTIGATION › Section 10A:7-1.9 - Confidentiality

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The name of any person who reports suspected inmate abuse shall not be disclosed publicly, unless the person who reported the abuse specifically requests the disclosure, there is a judicial proceeding resulting from the report, or the disclosure is in accordance with the law.
(b) A person who reports suspected abuse pursuant to this chapter or who testifies in any administrative or judicial proceeding arising from the report or testimony shall have immunity from any civil or criminal liability and shall not be retaliated against on account of the report or testimony, unless the person has acted in bad faith or with malicious purpose.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 7 - INMATE ABUSE REPORTING AND INVESTIGATION › Subchapter 1 - INMATE ABUSE REPORTING AND INVESTIGATION › Section 10A:7-1.10 - Failure to report inmate abuse

Current through Register Vol. 56, No. 14, July 15, 2024
After all administrative appeals are exhausted and a final adjudication is made, any person required to report suspected inmate abuse pursuant to this chapter who fails to make the report shall be liable to a penalty of not more than $ 5,000. The penalty shall be collected and enforced by summary proceedings pursuant to the provisions of the Penalty Enforcement Law of 1999, P.L. 1999, c. 274 (N.J.S.A. 2A:58-10et seq.). Each violation of this chapter shall constitute a separate offense.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 8 - INMATE ORIENTATION AND HANDBOOK › Subchapter 1 - GENERAL PROVISIONS › Section 10A:8-1.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of this chapter is to:
1. Establish provisions for informing inmates about the rules, procedures, units, services and programs of the correctional facility; and
2. Establish provisions for publishing correctional facility Inmate Handbooks.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 8 - INMATE ORIENTATION AND HANDBOOK › Subchapter 1 - GENERAL PROVISIONS › Section 10A:8-1.3 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, as used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:
"Inmate Handbook" means a booklet that is provided to inmates which contains site-specific correctional facility rules and procedures, and information about services and programs. An Inmate Handbook may also mean a unit-specific handbook when identified as such. Such unit-specific handbooks shall be provided to inmates who are assigned to certain units, such as, but not limited to, a Close Custody Unit.
"Orientation" means one or more meetings or group sessions provided at a correctional facility to familiarize inmates with rules, procedures, units, services and programs.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 8 - INMATE ORIENTATION AND HANDBOOK › Subchapter 2 - ORIENTATION › Section 10A:8-2.1 - Responsibility for the Orientation Program

Current through Register Vol. 56, No. 14, July 15, 2024
The Administrator of the correctional facility shall designate a staff person to be responsible for the Orientation Program.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 8 - INMATE ORIENTATION AND HANDBOOK › Subchapter 2 - ORIENTATION › Section 10A:8-2.2 - Staff participation

Current through Register Vol. 56, No. 14, July 15, 2024
Staff members from various units within the correctional facility may participate in orientation sessions to describe the programs, services and/or activities of their units.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 8 - INMATE ORIENTATION AND HANDBOOK › Subchapter 2 - ORIENTATION › Section 10A:8-2.3 - Scheduling orientation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Inmates shall be provided an orientation session within three weeks of admission to the Reception Center unless compelling security or safety reasons dictate otherwise, or to do so would adversely affect the orderly operations of the correctional facility.
(b) When assigned or transferred to another correctional facility, inmates shall be provided an orientation session within three weeks following admission to the new correctional facility unless compelling security or safety reasons dictate otherwise, or to do so would adversely affect the orderly operations of the correctional facility.
(c) Ongoing orientation sessions shall be conducted, as needed, to inform inmates of:
1. New or revised policies and rules;
2. New or revised procedures;
3. Programs;
4. Services; and
5. Activities.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 8 - INMATE ORIENTATION AND HANDBOOK › Subchapter 2 - ORIENTATION › Section 10A:8-2.4 - Content of orientation sessions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The material contained in the correctional facility Inmate Handbook shall be used as a guide for orientation sessions.
(b) Topics of orientation sessions shall include, but shall not be limited to:
1. Rights and privileges of inmates:
i. Correspondence;
ii. Visits;
iii. Telephone calls;
iv. Savings account restrictions;
v. Inmate legal services;
vi. Inmate business activities;
vii. Access to the Corrections Ombudsperson;
viii. Inmate requests; and
ix. Inmate inquiries, grievances, and appeals.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 8 - INMATE ORIENTATION AND HANDBOOK › Subchapter 3 - INMATE HANDBOOK › Section 10A:8-3.1 - Responsibility for correctional facility and unit-specific Inmate Handbooks

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Administrator shall designate a staff person to be responsible for developing, reviewing, revising, printing, and issuing the correctional facility Inmate Handbook.
(b) When deemed necessary, the Assistant Commissioner, Division of Operations, shall designate staff to be responsible for developing, reviewing, revising, printing, and issuing unit-specific Inmate Handbooks, such as, but not limited to, Close Custody Units.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 8 - INMATE ORIENTATION AND HANDBOOK › Subchapter 3 - INMATE HANDBOOK › Section 10A:8-3.2 - Inmate Handbook distribution

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each inmate shall be provided a copy of the Inmate Handbook within two business days of admission to the correctional facility unless compelling security or safety reasons dictate otherwise, or to do so would adversely affect the orderly operations of the correctional facility.
(b) Pursuant to 30:4-8.5, a Spanish translation of the Inmate Handbook shall be provided to Spanish speaking inmates not conversant with the English language.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 8 - INMATE ORIENTATION AND HANDBOOK › Subchapter 3 - INMATE HANDBOOK › Section 10A:8-3.3 - Inmate Handbook revision

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The correctional facility Inmate Handbook shall be updated at least every two years and bear the date of the most recent revision.
(b) When a correctional facility has a large number of inmates in the population who speak a foreign language, the Inmate Handbook revision shall also be printed in the foreign language.
(c) The Inmate Handbook revision shall be based on an overall review of the correctional facility's written policies and internal management procedures.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 8 - INMATE ORIENTATION AND HANDBOOK › Subchapter 3 - INMATE HANDBOOK › Section 10A:8-3.4 - Review of correctional facility and unit-specific Inmate Handbooks

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to printing a revision of the Inmate Handbook, two copies of the draft with the proposed revisions shall be submitted to the office of the Assistant Commissioner, Division of Operations, for review and written approval.
(b) When the approved draft of the revised Inmate Handbook has been printed, a copy of the revised Inmate Handbook shall be submitted to the office of the Assistant Commissioner, Division of Operations.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 8 - INMATE ORIENTATION AND HANDBOOK › Subchapter 3 - INMATE HANDBOOK › Section 10A:8-3.5 - Correctional facility and unit-specific Inmate Handbook content

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The correctional facility Inmate Handbook shall contain an introduction which explains the philosophy of the correctional facility.
(b) The correctional facility Inmate Handbook shall include, but shall not be limited to, an explanation and/or description of:
1. The reception process;
2. The classification process;
3. The rights and privileges of inmates:
i. Correspondence;
ii. Visits;
iii. Telephone calls;
iv. Inmate accounts;
v. Inmate legal services;
vi. Inmate business activities;
vii. Access to the Corrections Ombudsperson; and
viii. Inmate inquiries, grievances, and appeals.
4. Work opportunities;
5. Correctional facility services:
i. Medical;
ii. Dental;
iii. Psychological;
iv. Psychiatric;
v. Counseling (individual and group);
vi. Substance use disorder treatment;
vii. Social services;
viii. Educational;
ix. Religious;
x. Video teleconferencing (V.T.C.); and
xi. Clothing.
6. Recreation and leisure time activities;
7. Grooming and hygiene;
8. Personal property;
9. Housekeeping;
10. Procedures for name change;
11. Marriage and civil union;
12. Community Release Programs;
13. Other programs and services; and
14. Parole/expiration of sentence.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 9 - CLASSIFICATION PROCESS › Subchapter 1 - GENERAL PROVISIONS › Section 10A:9-1.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
The purpose of this chapter is to set forth objective criteria for standardized inmate evaluations, custody level assignments, and correctional facility assignment. In addition, this chapter also sets forth provisions for the award and forfeiture of commutation time and work credits, the transfer of inmates between correctional facilities and the parole recommendation process for inmates incarcerated pursuant to N.J.S.A. 2C:47 and 2A:164.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 9 - CLASSIFICATION PROCESS › Subchapter 2 - OBJECTIVE CLASSIFICATION PROCESS › Section 10A:9-2.1 - Initial classification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Offenders are admitted to a reception facility or the Adult Diagnostic and Treatment Center (A.D.T.C.) where inmates begin the initial classification process.
(b) Upon admission to the reception unit, assignment to housing shall be made based upon the inmate's:
1. Age;
2. Size;
3. Offense;
4. Sentence;
5. Previous incarcerations;
6. Mental status; or
7. Security concerns.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 9 - CLASSIFICATION PROCESS › Subchapter 2 - OBJECTIVE CLASSIFICATION PROCESS › Section 10A:9-2.2 - Objective classification scoring process

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department of Corrections utilizes the following objective classification scoring instruments for the standardized evaluation and custody assignment of inmates:
1. The Initial Instrument for Male Inmates;
2. The Initial Instrument for Female Inmates;
3. The Reclassification Instrument for Male Inmates; and
4. The Reclassification Instrument for Female Inmates.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 9 - CLASSIFICATION PROCESS › Subchapter 2 - OBJECTIVE CLASSIFICATION PROCESS › Section 10A:9-2.3 - Administration of objective classification scoring instruments

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Initial Instrument shall be administered to:
1. All inmates newly admitted to the Department of Corrections;
2. Parole violators with new commitment orders;
3. Inmates with changes in sentencing or official record information (see N.J.A.C. 10A:9-3.5);
4. Inmates who have not previously been scored on an objective classification scoring instrument; or
5. When deemed necessary by administrative staff.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 9 - CLASSIFICATION PROCESS › Subchapter 2 - OBJECTIVE CLASSIFICATION PROCESS › Section 10A:9-2.4 - Objective criteria for the Initial Instrument for Male Inmates

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon review of the inmate's classification file, each of the criteria established in (c) below shall be assessed by a Technical Assistant or above, and assigned points in accordance with the assessment scales indicated. The total points shall determine the custody status score on the Initial Instrument for Male Inmates as follows, except as established in (b) below:
1. An inmate's custody status score of 12 points or more shall indicate a recommendation for placement into maximum custody status;
2. An inmate's custody status score of five to 11 points shall indicate a recommendation for placement into medium custody status; or
3. An inmate's custody status score of four points or less shall indicate a recommendation for placement into minimum custody status.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 9 - CLASSIFICATION PROCESS › Subchapter 2 - OBJECTIVE CLASSIFICATION PROCESS › Section 10A:9-2.5 - Objective criteria for the Initial Instrument for Female Inmates

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon review of the inmate's classification file, each of the criteria established in (c) below shall be assessed by a Technical Assistant or above, and assigned points in accordance with the assessment scales indicated. The total points shall determine the custody level score on the Initial Instrument for Female Inmates as follows, except as established in (b) below:
1. An inmate's custody status score of 15 points or more shall indicate a recommendation for placement into maximum custody status;
2. An inmate's custody status score of seven to 14 points shall indicate a recommendation for placement into medium-custody status; or
3. An inmate's status score of six points or less shall indicate a recommendation for placement into minimum custody status.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 9 - CLASSIFICATION PROCESS › Subchapter 2 - OBJECTIVE CLASSIFICATION PROCESS › Section 10A:9-2.6 - Objective criteria for the Reclassification Instrument for Male Inmates

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon review of the inmate's classification file, each of the criteria established in (b) below shall be assessed by a Technical Assistant or above, and assigned points in accordance with the assessment scales indicated. The total points shall determine the custody status score on the Reclassification Instrument for Male Inmates as follows (see N.J.A.C. 10A:9-4.3, Custody status):
1. An inmate's score of 12 points or more shall indicate a recommendation for placement into maximum custody status;
2. An inmate's score of five to 11 points shall indicate a recommendation for placement into medium custody status; or
3. An inmate's score of four points or less shall indicate a recommendation for placement into minimum custody status.