N.J. Admin. Code § 10A:1-2.4

Current through Register Vol. 56, No. 9, May 6, 2024

Section 10A:1-2.4 - Rulemaking, policy and procedure making and exemption authority

(a) The Commissioner, pursuant to 30:1B-1 et seq., is authorized to formulate, adopt, issue, promulgate, relax and exempt rules and regulations for the administration of correctional facilities, community programs and operational units within the Department of Corrections.

(b) The Commissioner is authorized to determine all matters of policy and procedure in order to regulate the operational issues associated with the administration of correctional facilities, community programs and operational units and to formulate, modify, relax, and exempt such policies, procedures and regulations when necessary, so that same can function safely and effectively within the Department of Corrections.

(c) The Commissioner may exempt a correctional facility, community program or operational unit from adherence to a rule or may relax certain requirements of a rule for good cause shown in a particular situation or in instances when strict compliance with a rule or all of its requirements would result in:

1. An undue hardship, unfairness or injustice;

2. An inability to meet a therapeutic, rehabilitative or medical need;

3. A security risk or imminent peril to the overall management, safe or orderly operation of a correctional facility, community program or operational unit;

4. An inability to utilize existing technology or apply technological innovations in order to meet penological objectives;

5. An inability to meet an operational need to ensure management effectiveness and efficiency; or

6. An inability to reasonably meet a time period requirement.

N.J. Admin. Code § 10A:1-2.4

Amended by R.1992 d.269, effective 7/6/1992.
See: 24 N.J.R. 1465(a), 24 N.J.R. 2451(c).
Revised (c).
Amended by R.2003 d.176, effective 5/5/2003.
See: 35 N.J.R. 331(a), 35 N.J.R. 1898(a).
Rewrote (c).
Amended by R.2010 d.057, effective 4/19/2010.
See: 41 N.J.R. 4395(a), 42 N.J.R. 792(b).
Section was "Rulemaking and exemption authority". In (a), substituted a comma for "and" preceding "promulgate" and inserted ", relax and exempt"; rewrote (b); in the introductory paragraph of (c), inserted "may relax" and "for good cause shown in a particular situation or"; in (c)1, inserted ", unfairness or injustice"; in (c)2, deleted "or" at the end; in (c)3, inserted "or imminent peril" and substituted a semicolon for a period at the end; and added (c)4 and (c)5.
Amended by R.2011 d.022, effective 1/18/2011.
See: 42 N.J.R. 2194(a), 43 N.J.R. 188(a).
In (c)4, deleted "or" from the end; added new (c)5; and recodified former (c)5 as (c)6.