New Jersey Administrative Code

(a) Unless otherwise noted in the New Jersey Register, an adopted rule is effective on the date of its publication in the New Jersey Register. (b) The effective date of a rule exemption shall be the date of the Commissioner's signature on Form 911 Request for Rule Exemption. Note…

(a) Requests for rule exemptions may be submitted by staff or committees to the Administrator for review. (b) Requests for rule exemptions may be submitted by inmates or inmate groups to the Institutional Classification Committee (I.C.C.) for review. The I.C.C. shall review and s…

(a) The following form related to Administration, Organization and Management is available by accessing the Department of Corrections computer network (DOCNet). Interested individuals who do not have access to DOCNet may obtain copies of this form by contacting the Administrative…

The following words and terms, as used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. "ADA" means the Americans with Disabilities Act, 42 U.S.C.A. § 12101 et seq. "Agency" means the New Jersey Department of Corrections. "Design…

(a) These rules are adopted by the agency in satisfaction of the requirements of the ADA and regulations promulgated pursuant thereto, 28 C.F.R. 35.107. (b) The purpose of these rules is to establish a designated coordinator whose duties shall include assuring that the agency com…

In addition to any other advice, assistance, or accommodation provided, a copy of the following notice shall be given to anyone who inquires regarding the agency's compliance with the ADA or the availability of accommodation which would allow a qualified individual with a disabil…

(a) The designated coordinator of ADA compliance and complaint investigation for the agency is: ADA Coordinator New Jersey Department of Corrections PO Box 863 Trenton, New Jersey 08625-0863 (b) All inquiries regarding the agency's compliance with the ADA and the availability of …

A grievance alleging that the agency has failed to comply with the ADA or has acted in a way that is prohibited by the ADA shall be submitted either, in writing, or orally to the designated ADA coordinator identified at N.J.A.C. 10A:1-3.4 within 30 calendar days of the grievant b…

(a) A grievance submitted pursuant to this subchapter may be submitted in or on the form available from the ADA Coordinator, as indicated at N.J.A.C. 10A:1-3.4. (b) All ADA grievances shall include the following information: 1. The name of the grievant, and/or any alternate conta…

(a) Upon receipt of a verbal or written grievance submitted pursuant to this subchapter on the form provided by the ADA Coordinator, the designated ADA coordinator will notify the grievant of the receipt of the grievance and the initiation of an investigation into the matter. The…

(a) The right of a person to a prompt and equitable resolution of the grievance filed pursuant to this chapter will not be impaired by the person's pursuit of other remedies, such as the filing of an ADA grievance with the responsible Federal department or agency or the New Jerse…

(a) The purpose of this subchapter is to establish: 1. The comprehensive Inmate Remedy System in which inmates may formally communicate with correctional facility staff to request information from, and present issues, concerns, and/or complaints to the correctional facility staff…

The following words and terms, when used in this subchapter, shall have the following meanings: "Coordinator of the Inmate Remedy System" or "Coordinator" means the staff member(s) designated by the Administrator to manage and coordinate the process and to oversee the handling of…

(a) The following forms related to this subchapter are printed by the Bureau of State Use Industries--DEPTCOR. Each correctional facility shall purchase a supply of these forms by contacting DEPTCOR: 1. IRSF-100 Inmate Grievance Form; 2. IRSF-101 Inmate Inquiry Form; and 3. IRSF-…

(a) Correctional facility staff and inmates shall be responsible for compliance with the provisions established in this subchapter and any internal management procedures relative to the Inmate Remedy System. (b) The submission of an "Inmate Inquiry Form," "Inmate Grievance Form,"…

(a) Form IRSF-100 and IRSF-101 Inmate Remedy System Forms shall be used by an inmate who wishes to formally communicate with correctional facility staff by submitting an "Inmate Inquiry Form" or an "Inmate Grievance Form" in writing in order to: 1. Obtain information, present an …

(a) An inmate may appeal a response or finding received after exhausting the second step of the Inmate Remedy System as indicated in N.J.A.C. 10A:1-4.5 above. Utilizing the canary-colored copy of the IRSF-100 Inmate Grievance Form that was originally used to submit the "Inmate Gr…

(a) The Administrator or designee shall be responsible for: 1. Designating a correctional facility staff member(s) to coordinate and to be responsible for matters pertaining to the Inmate Remedy System; 2. Ensuring that "Inmate Inquiry Forms" and "Inmate Grievance Forms" submitte…

(a) The Coordinator or designee(s) shall be responsible for consulting with other staff when deemed necessary and for: 1. Ensuring the IRSF-100 Inmate Grievance Form and IRSF-101 Inmate Inquiry Form are available in designated areas of the correctional facility; 2. Ensuring forms…

(a) Certain correctional facility staff shall be assigned to conduct the research, investigation or referral of an issue presented by an inmate through the Inmate Remedy System. The staff may be responsible for: 1. Preparing a written response to the inmate request on IRSF--101 I…

(a) The purpose of this chapter is to establish: 1. Requirements for the interstate transfer of an inmate(s) for confinement in a correctional facility(ies); 2. Requirements for the interstate transfer of an inmate for the purpose of disposing of charges filed against the inmate …

(a) Unless otherwise stated, N.J.A.C. 10A:10-1 and 3 shall be applicable to the New Jersey Department of Corrections and State sentenced inmates transferred or being considered for a transfer. (b) Unless otherwise stated, N.J.A.C. 10A:10-1 and 3 shall be applicable to inmates fro…

The following words and terms, as used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise: "Foreign national" means any person who is not a citizen or permanent alien resident (green card holder) of the United States and who is a fo…

(a) The following forms related to the Interstate Corrections Compact are available from classification or social services staff: 1. 822-I Inmate Request for Transfer Under Interstate Corrections Compact; 2. 822-II Inmate Agreement of Waiver Regarding Interstate Transfer; 3. 822-…

The Administrator or designee shall ensure that the computerized inmate information recordkeeping system(s) is updated with information relative to the interstate or international transfer or extradition of an inmate. Notes N.J. Admin. Code § 10A:10-1.5 New Rule, R.2003 d.325, ef…

The disposition of inmate personal property shall be handled in accordance with the provisions set forth in N.J.A.C. 10A:1-11.7, Disposition of personal property when an inmate is transferred. Notes N.J. Admin. Code § 10A:10-1.6 New Rule, R.2007 d.127, effective 5/7/2007. See: 39…

(a)N.J.S.A. 30:7C-1 et seq. established the Interstate Corrections Compact which provides that the State of New Jersey may enter into a contract with any other signatory state of the United States whereby prisoners from contracting states may be transferred between such states an…

(a) At least 24 hours before the scheduled hearing, an investigator assigned by the Administrator shall visit the inmate to obtain names of prospective witnesses. (b) The investigator shall obtain written statements from the named witnesses and such statements shall be included i…

(a) A hearing shall be conducted and the inmate may appear in-person or the hearing may be arranged and provided through video teleconferencing (VTC), unless the inmate refuses to appear without the use of force, or where the Hearing Officer determines that the hearing cannot be …

(a) The inmate shall be provided with the Hearing Officer's decision in writing on Form 822-IV, Notice of Decision Regarding Interstate Transfer, within 15 business days after the hearing, due to the time and distance considerations involved in interstate information exchange. (b…

(a) Upon issuance of an order by the Commissioner, New Jersey Department of Corrections, Form 822-VI Notice of Emergency Transfer shall be served upon the selected inmate(s) meeting the classification and custody criteria of contracting states offering bed space for lease and/or …

(a) Any request from another state or jurisdiction for incarceration of out-of-State inmates in New Jersey shall be forwarded to the Administrator of the Interstate Corrections Compact or appropriate designee. (b) The Administrator of the Interstate Corrections Compact or appropr…

(a) Whenever the duly constituted authorities in a state compact member have entered into a contract with another state compact member and decide that confinement in, or transfer of an inmate to, a correctional facility within the territory of another state compact member is nece…

(a) All inmates who may be confined to a correctional facility pursuant to the provisions of the Interstate Corrections Compact shall be treated in a reasonable and humane manner and shall be treated equally to similarly situated inmates under the jurisdiction of the receiving st…

(a) Except as established in (b) below, a transferred inmate from New Jersey shall be returned to New Jersey for a court appearance in which the inmate is named as a defendant or plaintiff or when subpoenaed, and for the opportunity for a reasonable amount of consultation with co…

The parents, guardian, trustee or other person or persons entitled under the statutes of the sending state to act for, advise or otherwise function with respect to any inmate shall not be deprived of or restricted in exercising any power with respect to any inmate confined pursua…

(a) An inmate who escapes from a correctional facility in which the inmate is confined pursuant to the Interstate Corrections Compact shall be deemed a fugitive from the sending state and from the state in which the correctional facility is located. (b) In the case of an escape t…

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise: "Administrator of the Interstate Corrections Compact" means the Commissioner of the Department of Corrections of the State of New Jersey…

(a) The Interstate Corrections Compact is applicable to inmates under the jurisdiction of the New Jersey Department of Corrections, except those inmates sentenced under N.J.S.A. 2A:164-3 or N.J.S.A. 2C:47-1 et seq. (b) The New Jersey Department of Corrections shall accept only ad…

(a) Inmates considered for interstate transfer must be sentenced for a term of imprisonment such that the earliest parole or release dates are not less than one and a half years from the date of application for transfer. Exceptions to this rule shall be made on a case-by-case bas…

(a) The three types of riders which may be affixed to authorized contracts between the New Jersey Department of Corrections and another state compact member are as follows: 1. A rider to extend the duration of the contract; 2. A rider to set forth the particulars of individual tr…

(a) Inmate interstate transfer may be considered, arranged and implemented either at the request of an inmate (consensual), at the request of the Administrator (nonconsensual), or upon order of the Commissioner for any of the following reasons: 1. To confine an inmate in the home…

(a) An inmate desiring an interstate transfer shall make such request initially to the Institutional Classification Committee (I.C.C.) on Form 822-I Inmate Request for Transfer Under Interstate Corrections Compact. (b) The inmate's request shall be reviewed by the I.C.C. within o…

(a) Pursuant to the requirements at N.J.A.C. 10A:10-3.7, the Classification Department Supervisor, or designee, of the correctional facility where the inmate is housed shall prepare a classification summary to be forwarded to the Administrator, which contains current information …

(a) Prior to an out-of-State transfer, the inmate shall receive written notice on Form 822-III, Notice of Intent to Seek Nonconsensual Interstate Transfer, informing the inmate of the referral for an out-of-State transfer and that a hearing is scheduled before a Hearing Officer, …

(a)N.J.S.A. 2A:159A-1 et seq. sets forth the Interstate Agreement on Detainers (IAD). The Interstate Agreement on Detainers is intended to:1. Encourage the orderly, expeditious disposition of an untried indictment, information or complaint, which has been lodged against a prisone…

(a) An inmate's escape from custody subsequent to the execution of Form II in accordance with N.J.A.C. 10A:10-4.5(b) shall void the request for disposition of the detainer. (b) Upon return to custody, an inmate who wishes to dispose of a detainer in accordance with N.J.A.C. 10A:1…