N.J. Admin. Code § 10A:16-8.6

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

Section 10A:16-8.6 - Medical diagnosis and Certificate of Eligibility for Compassionate Release

(a) The two designated physicians will complete the required examinations and forward their attestations, and all related medical records, to the health services unit medical director for review. Following review of the medical records, the medical director shall make a medical determination of eligibility or ineligibility and issue a memo to the Commissioner of the Department of Corrections detailing the same.

(b) All compassionate release procedures shall be handled on an expedited basis.

(c) The health services unit shall compile a compassionate release package (that is, medical records, attestations, Compassionate Release Request Form) for further review and processing.

(d) Once the Compassionate Release Request Form and packet details at (a) above have been finalized, the form and other relevant documentation shall be forwarded to the Division of Operations for review and notification to the inmate regarding eligibility. A copy of the notification will be provided to the State Parole Board for all eligible inmates. The Division of Operations will draft a Certificate of Eligibility for Compassionate Release for review and signature by the Commissioner for those deemed medically eligible. The signed certificate, along with the compassionate release packet, will be sent to a compassionate release designee in the facility in which the inmate is assigned for issuance to the inmate.

(e) The facility designee will ensure the inmate receives the packet and signs a receipt indicating the same. Instructions on how to file with the courts and the related addresses will be included in the packet provided to the inmate. If the inmate has retained counsel, the packet will be sent through certified mailed to the inmate's attorney or public defender.

N.J. Admin. Code § 10A:16-8.6

Adopted by 53 N.J.R. 1568(a), effective 9/20/2021