New Jersey Administrative Code

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 N.J.A.C. 10A:31-10.4). Notes N.J. Admin. Code § 10A:31-13.25 Recodified from N.J.A.C. 10A:31-13.23 by R.1991 d.190, effectiv…

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. Notes N.J. Admin. Code § 10A:31-13.26 Recodified from N.J.A.C. …

(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 a…

(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 conc…

All examinations, treatments and procedures affected by informed consent standards in the community shall be likewise observed when providing care for inmates. Notes N.J. Admin. Code § 10A:31-13.29 Recodified from N.J.A.C. 10A:31-13.27 by R.1991 d.190, effective 4/15/1991 (operat…

Security regulations applicable to adult county correctional facility personnel shall also apply to medical personnel. Notes N.J. Admin. Code § 10A:31-13.3

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…

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 within 72 hours. Notes N.J. Admin. Code § 10A:31-13.31 Adopted by 49 N.J.R. 3751…

(a) Written standard operating procedures approved by the physician who is responsible for medical services should be consistent with P.L. 2016, c. 70, and other applicable statutes and shall be developed for the following: 1. Medical screening; 2. Health appraisal data collectio…

(a) State licensure and/or certification requirements and restrictions shall apply to health care personnel working in the adult county correctional facility to the same extent as to those working in the community. (b) Copies of current licenses and/or certification credentials s…

The work of medical personnel shall be governed by written job descriptions which are approved by the physician or medical authority responsible for medical services. Notes N.J. Admin. Code § 10A:31-13.6

(a) Treatment by medical personnel other than the physician responsible for medical services shall be performed pursuant to written standing or direct orders from that physician. (b) In lieu of written standing orders, certified physician assistants and nurse practitioners may pr…

(a) First aid kits shall be available in all adult county correctional facilities. (b) The physician who is responsible for medical services shall approve the: 1. Content of the kits; 2. Number of kits; and 3. Location of the kits. (c) Written procedures for the use and monthly i…

(a) Prior to placement in general population or housing area, all inmates shall receive: 1. A medical screening by qualified health care personnel; 2. A physical examination by a licensed physician, certified physician assistant or nurse practitioner practicing within the limits …

(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 char…

(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) 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 N.J.S.A. 10:5-3). (b) …

A written inmate grievance procedure shall be afforded to all inmates which shall include at least one level of appeal. Notes N.J. Admin. Code § 10A:31-14.4

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 N.J.A.C. 10A:31-26.3). Notes N.J. Admin. Cod…

Inmates shall be afforded reasonable access to representatives of the media by correspondence, telephone and/or visits. Notes N.J. Admin. Code § 10A:31-14.6

(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 librar…

(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 associ…

(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. (b) The cost of the legal supplies noted in (a) above shall be borne by the inmate unless the in…

(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. (c…

Telephone access to attorneys, courts, probation officers, and parole officers shall be provided for all inmates who so request. Notes N.J. Admin. Code § 10A:31-15.5

(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 ta…

(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 sup…

(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 sha…

(a) The inmate shall be entitled to a hearing within seven calendar days of the alleged violation, provided the inmate remains in general population pending the hearing. Calculation of the seven days shall include weekends and holidays, unless such hearing is prevented by excepti…

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 (N.J.S.A. 2C:1-1 et seq.) shall be referred to the prosecutor of the county in which the adult county correctional facility is located. …

(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 sancti…

(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 H…

(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 …

(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. 10…

(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…

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 N.J.A.C. 10A:31-15.2). Notes N.J. Admin. Code § 10A:31-16.4 Amended by R.2006 d.59, effective 2/6/…

(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 follo…

(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 …

(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 wai…

(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…

(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 appoi…

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. Notes N.J. Admin. Code § 10A:31-17.1 Amended by R.2000 d.332, effective 8/7/2000. See: 3…

(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…

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. Notes N.J. Admin. Code § 10A:31-17.3 Amended by R.2000 d.332, effective 8/7/2000. See: 32 New J…

Security and visual observation checks in Disciplinary Detention shall take place in staggered and irregular intervals that are no more than 30 minutes apart. Notes N.J. Admin. Code § 10A:31-17.4 Amended by 49 N.J.R. 3751(a), effective 12/4/2017

(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 unu…

(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 tim…