New Jersey Administrative Code

(a) Confidential relations between and among mental health practitioners and individuals or groups in the course of practice are privileged communications and not to be disclosed to any person. (b) The following exceptions to privileged communications are applicable only in situa…

Notes N.J. Admin. Code § 10A:16-4.5 Amended by R.2005 d.179, effective 6/6/2005. See: 37 N.J.R. 188(a), 37 N.J.R. 2020(b). In (a), substituted "mental health services manual. The mental health services manual shall specify" for "mental health services manual that shall specify" f…

(a) Documentation shall be made of the mental health services provided. Records kept of the mental health services shall include, but are not limited to: 1. Identifying data; 2. Date of service; 3. Types of services; and 4. Action taken. (b) Mental health staff shall ensure that …

Notes N.J. Admin. Code § 10A:16-4.7 Repealed by R.2010 d.056, effective 4/19/2010. See: 41 N.J.R. 4397(a), 42 N.J.R. 793(a). Section was "Psychological research".

Notes N.J. Admin. Code § 10A:16-4.8 Amended by R.2005 d.179, effective 6/6/2005. See: 37 N.J.R. 188(a), 37 N.J.R. 2020(b). In (b), inserted "data related to the contents of this subsection and statistical" following "Statistical" in 8. Repealed by R.2010 d.056, effective 4/19/201…

Notes N.J. Admin. Code § 10A:16-4.9 Amended by R.2002 d.65, effective 3/4/2002. See: 33 N.J.R. 3857(a), 34 N.J.R. 1027(a). In (b), added "or designee" in 1, deleted former 2 and recodified 3 through 7 as 2 through 6. Amended by R.2005 d.179, effective 6/6/2005. See: 37 N.J.R. 188…

(a) The express written consent of the inmate shall be required for: 1. Surgery; 2. Invasive procedures; and 3. Medical and dental procedures governed by informed consent standards in the community. (b) In order to obtain written informed consent, the EHR Consent for Treatment fo…

(a) Written consent shall not be required in the case of inmates (18 years or older) in the following circumstances:1. In a case certified by a licensed physician or dentist to be one of grave emergency which requires immediate surgical intervention or other treatment in order to…

In every case in which the inmate, after having been informed of the condition and the treatment prescribed, refuses treatment, this refusal shall be recorded on the EHR Consent for Treatment form in the space provided. Medical staff shall advise the inmate of the possible known …

(a) The mental health staff shall evaluate an inmate for whom there is a reasonable suspicion that the inmate may require a special medical guardianship. Evaluation documentation shall be recorded in the EHR and a copy placed in the MRF. (b) The appropriate Department of Correcti…

Notes N.J. Admin. Code § 10A:16-5.5 Repealed by R.2010 d.056, effective 4/19/2010. See: 41 N.J.R. 4397(a), 42 N.J.R. 793(a). Section was "Written procedures".

(a) The Department of Corrections shall provide a pregnant inmate with medical and social services, which shall include:1. Prenatal medical evaluation and care; 2. Nutritional supplements and diet as prescribed by the physician; 3. Counseling regarding: i. Family planning; ii. Bi…

When the pregnant inmate elects to carry the pregnancy to term, arrangements shall be scheduled in advance for the delivery at an appropriate medical facility. Notes N.J. Admin. Code § 10A:16-6.2

(a) The correctional facility shall provide the pregnant inmate with: 1. Suitable maternity clothes; 2. Reasonable housing assignments, as permitted by available space and the inmate's security status; and 3. Appropriate exercise and reduced work schedules, as deemed medically ad…

(a) As soon as possible after the pregnancy is diagnosed, the health care provider shall provide the pregnant inmate with medical care and the Social Services Unit of the correctional facility shall offer her religious and social counseling to aid her in making the decision to co…

(a) The non-gestational parent, if not incarcerated, may attend the birth of the child in the delivery room. (b) The non-gestational parent's presence in the delivery room is contingent upon approval by the: 1. Department of Corrections custody administrative authorities; 2. Hosp…

(a) The social work supervisor or designee shall ensure that assistance shall be provided to the pregnant inmate in planning for her unborn child. Social services staff shall be available to assist the pregnant inmate in making decisions, such as whether to keep her child or give…

Notes N.J. Admin. Code § 10A:16-6.7 Repealed by R.2010 d.056, effective 4/19/2010. See: 41 N.J.R. 4397(a), 42 N.J.R. 793(a). Section was "Written procedures".

(a) In the event of an inmate's critical illness or death, the inmate's next of kin shall be notified within 24 hours by the Administrator or designee of the correctional facility that maintains the classification and medical files of the inmate. (b) "Next of kin" shall be interp…

(a) At the inmate's request, an advance directive that complies with N.J.S.A. 26:2H-55 et seq., shall be completed and placed in the inmate's MRF and the inmate's classification file. The enactment of the advance directive shall be noted in the EHR. (b) Department of Corrections …

(a) If death is confirmed other than in a hospital, the body cannot be moved to a hospital without the approval of the county medical examiner. (b) Prior to release of a body from the correctional facility, hospital or medical examiner, photographs and fingerprints shall be obtai…

(a) The Department of Corrections shall make reasonable attempts to notify the next of kin regarding claiming the body of a deceased inmate in accordance with the notification provisions established in this subchapter and related internal management procedures. (b) Persons claimi…

(a) In accordance with internal management procedures, when an inmate's body is determined to be unclaimed or the next of kin has indicated an unwillingness or inability to claim the body of an inmate, the appropriate correctional facility staff member shall arrange for the buria…

(a) Before money remaining in the account of a deceased inmate is distributed in accordance with (b) through (d) below, these funds shall be used to pay any fines, fees, penalties and restitution set forth in N.J.A.C. 10A:2-2.2. (b) When an inmate expires without a will and the a…

The Administrator of each correctional facility shall be responsible for the development and implementation of written procedures consistent with the requirements of this subchapter. Notes N.J. Admin. Code § 10A:16-7.7

(a) Application for executive clemency may be made in cases when the health care provider physician at the correctional facility has determined that an inmate's medical condition is such that:1. The inmate has a terminal illness; 2. Death is imminent; or 3. The inmate has become …

(a) The petition for executive clemency may be initiated either by the inmate or the Administrator of the correctional facility. (b) The inmate who wishes to apply for executive clemency shall obtain and complete Form Petition of Executive Clemency. The form is available by conta…

(a) Upon receipt of a completed Form Petition for Executive Clemency, the Administrator shall obtain from the Classification Office up-to-date classification material which shall include, but is not limited to: 1. Criminal history; 2. Presentence investigation reports; and 3. Pro…

(a) The Commissioner or designee, upon receipt of the material outlined in N.J.A.C. 10A:16-8.3(c), shall notify the Director of Health Services and request that the Director of Health Services review the inmate's medical status and submit a report of the findings. (b) The Commiss…

(a) A medical diagnosis to determine an inmate's eligibility for compassionate release may be initiated by the administrator, superintendent, a staff member of a correctional facility, or by the inmate, a member of the inmate's family, or the inmate's attorney by submitting the C…

(a) The two designated physicians will complete the required examinations and forward their attestations, and all related medical records, to the Health Compliance Unit medical director for review. Following review of the medical records, the medical director shall make a medical…

(a) In the event that a medical diagnosis determines that an inmate is suffering from a grave medical condition, the Department of Corrections shall notify the inmate's attorney or, if the inmate does not have an attorney, the Public Defender, to initiate the process of petitioni…

(a) Prior to any determination of ineligibility by the court, the Commissioner of the Department of Corrections shall ensure that any inmate who petitions for compassionate release is provided an opportunity to apply, and is provided necessary assistance to complete the applicati…

(a) In accordance with the Blood Safety Act of 1991 (N.J.S.A. 26:2A-13 et seq.), the donation of blood by inmates to other individuals (homologous) is prohibited. There shall be no exceptions to this prohibition. (b) When medically necessary and/or appropriate, the donation of ti…

(a) The purpose of this chapter is to establish policies and procedures for: 1. Volunteer service programs; 2. Social work and services; 3. Transitional Services; 4. Religion; 5. Correctional facility/unit chaplaincy services and the Religious Issues Committee; 6. Inmate marriage…

This chapter shall be applicable to State correctional facilities and State sentenced inmates under the jurisdiction of the Department of Corrections. Notes N.J. Admin. Code § 10A:17-1.2

The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise. "Continuum of care" when used in this chapter, means the integrated, comprehensive delivery of treatment and services in an unbroken manner.…

(a) The following forms related to social and religious services are available on the Inmate Inquiry System in each facility: 1. 370-I Religious Vegetarian Meals; and 2. 380-I Marriage/Civil Union Request Form. (b) The following forms related to volunteer services are available o…

The Assistant Commissioner, Division of Programs and Community Services shall designate a staff member to be the Departmental Coordinator of Volunteer Services. This individual shall be responsible for ensuring that the Volunteer Services Program functions in compliance with the …

(a) The services of the Volunteer Service Program shall be coordinated and scheduled by the Volunteer Services Site Coordinator and approved, in writing, by the Administrator or designee. (b) The Volunteer Services Site Coordinator shall post a schedule of current volunteer servi…

(a) A volunteer photo identification (I.D.) card shall be prepared and a volunteer index data file shall be created for each volunteer. (b) The volunteer photo I.D. card shall include: 1. A photograph of the volunteer; 2. The name of the volunteer; 3. The volunteer service provid…

(a) When entering the correctional facility, the volunteer shall obtain at the front entrance his or her volunteer photo I.D. card in exchange for some form of personal identification, such as:1. A driver's license; 2. An employment photo I.D. card; 3. A passport; 4. A valid coun…

The Department head to whom the volunteer is assigned shall be considered the volunteer's supervisor. Notes N.J. Admin. Code § 10A:17-2.13 Recodified from N.J.A.C. 10A:17-2.12 by R.2009 d.57, effective 2/17/2009. See: 40 N.J.R. 5941(a), 41 N.J.R. 876(b). Former N.J.A.C. 10A:17-2.…

(a) The Volunteer Services Site Coordinator, along with the volunteer's immediate supervisor, shall evaluate the performance of the volunteer after a trial period of four months using Form 450-III Volunteer Performance Evaluation. (b) If the evaluation in (a) above is unsatisfact…

The Departmental Coordinator of Volunteer Services will, with approval from the Assistant Commissioner, schedule an annual event to acknowledge the contribution of volunteers. Notes N.J. Admin. Code § 10A:17-2.15 Amended by 48 N.J.R. 1459(a), effective 7/18/2016

(a) The Administrator may curtail, suspend, or discontinue the services of a volunteer for reasons, which include, but are not limited to: 1. Any breach of confidentiality; 2. Unlawful conduct or breach of correctional facility rules and regulations; 3. Physical or emotional illn…

(a) Inmates shall be advised, in writing, of the rules governing the Volunteer Service Program. (b) Failure of the inmate to comply with the rules of the Volunteer Service Program may result in disciplinary action being taken against the inmate involved. Notes N.J. Admin. Code § …