New Jersey Administrative Code

The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise. "Break in service" means resigning or leaving a tenured position for any purpose including to enter a career service, unclassified service, …

Once tenure is acquired by an employee, such standing shall apply throughout the Department. Tenure rights extend only to assignments within the scope of the certificate under which the employee earned tenure. If, however, the employee experiences a break in service, he or she wi…

(a) Those individuals who meet the requirements set forth at N.J.A.C. 10A:15-1.2 shall be eligible for tenure as follows: 1. For teaching staff hired prior to August 6, 2012, after the expiration of continuous employment for three consecutive years in tenure eligible assignments …

(a) Performance assessments for all teachers and other certified professional educators shall be conducted by the Director, Office of Educational Services, or designee, who has acquired a certificate as School Administrator, Principal or Supervisor. (b) For the purposes of evalua…

(a) In a case where disciplinary action is recommended or implemented as a result of charges made against a tenured employee of the Department, and the disciplinary action does not involve dismissal or reduction in salary, the appointing authority and the Director or designee, Of…

(a) Nothing contained in N.J.S.A. 18A shall be held to limit the right of the Commissioner in the case of any educational program conducted under jurisdiction of the Commissioner, supervision or control, to reduce the number of teachers and other certified professional educators …

(a) The purpose of this chapter is to establish guidelines for: 1. Providing medical services for inmates; 2. Providing dental services for inmates; 3. Providing mental health and addiction services for inmates; 4. Obtaining informed consent from an inmate to perform certain medi…

(a) The Division of Operations, Director of Health Services shall visit and inspect medical programs, dental clinics and mental health services programs that are provided at all correctional facilities on a regular basis. (b) A written report of the findings shall be prepared by …

Notes N.J. Admin. Code § 10A:16-1.2 Reserved by 49 N.J.R. 2800(a), effective 8/21/2017

The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise: "Advance directive" means a document that declares the wishes of a person to prolong or not prolong life under certain conditions if that pe…

Notes N.J. Admin. Code § 10A:16-1.4 Reserved by 49 N.J.R. 2800(a), effective 8/21/2017

(a) Pursuant to N.J.S.A. 30:7E-1 et seq., inmates shall be liable for the cost of, and charged a nominal co-payment as determined by the State Treasurer for health care to include surgery, dental care, hospitalization or treatment; and medication to include prescription or nonpre…

(a) The Department of Corrections shall maintain a Quality Assurance Program related to the provision of health services to include medical, dental, mental health and ancillary services. (b) The purpose of the Quality Assurance Program shall be to analyze and evaluate the adequac…

(a) No experimentation shall be conducted involving the use of inmates or employees of the New Jersey Department of Corrections, as set forth at N.J.A.C. 10A:1-10. (b) This prohibition does not preclude individual treatment of an inmate based on need for a specific medical proced…

(a) Monthly and annual reports shall be prepared by the responsible health authority and submitted to the correctional facility Administrator and to the Director of Health Services. (b) The monthly and annual reports shall include medical, dental and mental health services statis…

(a) The responsible health authority in collaboration with the medical care, dental care and mental health services provider shall develop and maintain comprehensive site-specific health care procedures. Such procedures shall provide medical, dental and mental health services goa…

(a) The Administrator shall submit to the Commissioner or designee, along with the materials required in N.J.A.C. 10A:16-8, Executive clemency, a recommendation as to whether a medical transfer to a more appropriate place of confinement should be granted pending the outcome of th…

(a) Pursuant to Washington, et al. v. Harper, 494 U.S. 210, 110 S. Ct. 1028 (1990), clinically indicated psychotropic medications which have been prescribed for the inmate by a psychiatrist as part of an individualized treatment plan may be administered by the responsible health …

(a) Within 24 hours of receiving the psychiatrist's involuntary medication recommendation, the responsible health authority shall appoint a Treatment Review Committee. (b) Where the 24 hour period expires on a weekend or holiday, the responsible health authority shall appoint a T…

(a) An inmate under consideration by the Treatment Review Committee for receiving involuntary medication shall be given written notification at least 24 hours before the hearing. Verbal notice shall be provided to illiterate inmates, inmates not sufficiently conversant with the E…

(a) The inmate being considered for involuntary medication shall have the following limited rights at the hearing:1. To refuse medication(s) until the Treatment Review Committee reaches a decision on the administration of involuntary medication(s); 2. To be present at the hearing…

If an inmate requires mental health treatment on an emergency basis before the Treatment Review Committee reaches a decision, the health care provider staff shall proceed according to policies and procedures. Notes N.J. Admin. Code § 10A:16-11.5 Amended by 49 N.J.R. 2800(a), effe…

The failure to adhere to any of the time limits prescribed by this subchapter shall not automatically mandate the dismissal of a Treatment Review Committee hearing or decision. However, the reasons for such failure to meet the prescribed time limits shall be recorded in the inmat…

A copy of the signed Treatment Review Committee decision on administration of involuntary medication shall be placed in the inmate's MRF and a notation made of same in the EHR. Notes N.J. Admin. Code § 10A:16-11.7 Amended by 49 N.J.R. 2800(a), effective 8/21/2017

Any staff person(s) or volunteer(s) who, by reason of experience, education or observation of an inmate, suspects that an inmate may be at risk for suicidal behavior, shall convey this information to the highest ranking custody supervisor on duty or a designated professional pers…

A special cutting tool known as a "911 rescue tool" shall be made available to a custody staff member working in a housing unit to cut down a hanging inmate. Notes N.J. Admin. Code § 10A:16-12.10 Amended by R.2005 d.179, effective 6/6/2005. See: 37 New Jersey Register 188(a), 37 …

(a) In order to implement this subchapter, each correctional facility shall develop written site-specific post orders and policies and procedures. (b) When developing these post orders, policies and procedures, special attention shall be given to two primary objectives: 1. Mainta…

(a) In determining whether to place an inmate on suicide watch or to release an inmate from suicide watch, the factors to be considered include, but are not limited to: 1. Mood or attitude; 2. Behavior; 3. Participation in activities; 4. Personal hygiene; 5. Sleeping patterns; 6.…

(a) The following correctional facility staff persons are authorized to order that an inmate be placed on temporary suicide watch:1. Any physician; 2. Any nurse; 3. Any mental health staff person; 4. The highest ranking custody supervisor on duty; 5. The Administrator; 6. The Cor…

(a) The psychologist or psychiatrist shall interview the inmate as soon as possible, but in no event later than 72 hours after placement on suicide watch, and the inmate shall be interviewed daily thereafter by the psychologist or psychiatrist. (b) The Daily Suicide Monitoring Re…

(a) After the initial placement of an inmate on suicide watch, the psychologist or psychiatrist or other physician may change the type of observation of an inmate from close observation to constant observation or from constant observation to close observation by conducting a face…

(a) The custody staff member on each shift who is assigned to the suicide watch post shall complete the Daily Correction Officer Suicide Watch Report. (b) The completed Daily Correction Officer Suicide Watch Report shall be submitted to the highest ranking custody supervisor on d…

(a) The highest ranking custody supervisor on duty, after reviewing the suicide watch form and consulting with the Director of Psychology of the correctional facility or a physician, psychologist or psychiatrist shall determine the items of personal property that an inmate on sui…

(a) The psychiatrist or psychologist of the correctional facility may order the inmate released from suicide watch by conducting a face-to-face visit and completing the EHR MH Suicide Release form in the EHR. (b) The order to release an inmate from suicide watch shall be printed …

(a) A custody or other staff person who becomes aware that an inmate is attempting to commit suicide, or apparently has already committed suicide, shall call Central Control immediately. (b) Central Control shall advise the custody or other staff member on actions to take and sha…

(a) Prior to considering the commitment of an inmate to the Forensic Psychiatric Hospital, the Director of Psychology of the correctional facility shall have exhausted all reasonable means toward managing the inmate's psychiatric symptoms within the correctional facility. (b) The…

A mentally ill inmate, in need of psychiatric commitment shall be admitted to the Forensic Psychiatric Hospital in accordance with N.J.S.A. 30:4-27.1 et seq. Notes N.J. Admin. Code § 10A:16-13.2

(a) Copies of the appropriate forms, which are available internally in the Health Services department or from New Jersey Department of Human Services, Division of Mental Health and Addiction Services, shall be used when an inmate, who is assigned to a housing unit is being commit…

Notes N.J. Admin. Code § 10A:16-13.4 Amended by R.2005 d.179, effective 6/6/2005. See: 37 N.J.R. 188(a), 37 N.J.R. 2020(b). In (g), substituted "MRF" for "Medical/Dental Record" following "in this section in the inmate's". Amended by R.2007 d.315, effective 10/15/2007. See: 39 N.…

(a) A screening service in the community that has been approved by the Director or designee of the Division of Mental Health Services may be used by the Department of Corrections in emergency situations. The Administrator or designee shall contact the Director of Health Services …

(a) Transportation to and from the psychiatric hospital shall be provided by the New Jersey Department of Corrections. (b) Transportation for court appearances or medical transfer to a community medical facility for an inmate(s) in a psychiatric hospital shall be provided with Ne…

(a) Inmates may, at any time, request treatment for substance use disorder on a voluntary basis. 1. The Department substance use disorder and addiction services staff and the healthcare provider will assess the inmate and, if the inmate is eligible, will develop an individualized…

(a) Inmates found guilty of Category F infractions at N.J.A.C. 10A:4-4.1(a)6 will be offered the opportunity to participate in a one-time only Drug Diversion Program (See N.J.A.C. 10A:4-5.1(n)). The program is a 60-day intervention pathway for drug rehabilitation and related beha…

(a) The Department of Corrections may authorize the use of certain KOP medications that are clinically indicated and have been ordered for an inmate by the responsible health authority of the correctional facility. (b) The use of KOP medication that has been ordered for an inmate…

(a) Prior to distributing a KOP medication to an inmate, the responsible health authority shall determine whether the inmate has the necessary stability, ability, and skill to handle independent self-administration of the medication and make a recommendation to the Administrator …

(a) Inmates shall be responsible for the proper use, handling, possession, maintenance, and requests for refill of KOP medication in compliance with the provisions of this subchapter and related internal management procedures. (b) KOP medications must remain in the original conta…

(a) KOP medication spot checks shall be conducted by health care provider staff on a regular, continuing and random basis to ensure inmate compliance with requirements for the use, handling, possession, maintenance, and requests for refill of KOP medication as established by the …