New Jersey Administrative Code

(a) An inmate may be placed in Prehearing Disciplinary Housing in those instances where it appears necessary to remove or isolate the inmate from the general population until an investigation into the inmate's alleged misconduct can be completed and a disciplinary hearing can be …

(a) An inmate may be placed in the I.H.U. for a period not to exceed 72 hours unless exceptional circumstances, such as, but not limited to, other information received or other clear and convincing evidence found warrant extension of this time period. 1. Placement of the inmate i…

(a) An inmate may be placed in the Adjustment Unit (A.U.) for a period of five to 15 days with a finding of guilt for any offense in Category A when there is reasonable cause to believe that the inmate would create a substantial risk of serious harm to himself, herself, or anothe…

(a) An inmate who is found guilty of committing one or more of the prohibited acts in Category A or B, as set forth at N.J.A.C. 10A:4-4.1(a)1 and 2 shall be subject to disciplinary action and one or more sanctions imposed by a Disciplinary Hearing Officer. Sanctions imposed for a…

The R.H.U. shall provide a structured, controlled environment where inmate behavior shall be closely monitored and documented by a team of custody and civilian staff. The R.H.U. is designed to encourage inmates to improve behavior patterns. Inmates in the R.H.U. are afforded the …

Notes N.J. Admin. Code § 10A:5-9.3 Reserved by 53 N.J.R. 719(a), effective 5/3/2021

(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 w…

(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…

(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 me…

(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 …

Unless otherwise stated, this chapter shall be applicable to State correctional facilities under the jurisdiction of the Department of Corrections. Notes N.J. Admin. Code § 10A:6-1.2 Repeal and New Rule R.1996 d.163, effective 3/18/1996. See: 28 New Jersey Register 25(a), 28 New …

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 in…

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. No…

(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. Notes N.J.…

(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 materi…

(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 avail…

(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…

(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…

(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 in…

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. Notes N.J. Admin. Code § 10A…

(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 c…

(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 ref…

(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…

(a) The Department of Corrections shall provide photocopies of legal material, as that term is defined in N.J.A.C. 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 fac…

(a) The Department of Corrections shall provide photocopies of legal material at no charge to the indigent inmate as defined in N.J.A.C. 10A:1-2.2, in accordance with the guidelines and limitations in this subchapter. (b) Only legal material that must be photocopied for a legitim…

(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 e…

(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 prep…

(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 form…

(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 N.J.S.A. 2A:52-1 et seq. and Rules of Court N.J.S.A. 4:72-1 et seq.; 2. Submit an authentic copy of the court order to…

(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 N.J.A.C. 10A:6-3.1(a) have been satisfactorily ful…

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. Notes N.J. Admin. Code § 10A:6-3.3

The procedure whereby an inmate can legally change his or her name shall be incorporated into the Inmate Handbook. Notes N.J. Admin. Code § 10A:6-3.4

(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) A…

(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 N.J.S…

(a) In accordance with N.J.S.A. 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 bee…

(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 N.J.S.A. 30:4-16.4 and N.J.A.C. 10A:2-2.2, shall be used to satisfy outstanding court-imposed obligations or claims …

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 manage…

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 en…

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 wit…

(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 t…

(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 …

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 appl…

(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 suspe…

(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 t…

(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 …

(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.…

The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise. "Administrative parole release" shall mean the release of an adult inmate who has met the criteria set forth at N.J.A.C. 10A:71-3.22 at the …