N.J. Admin. Code § 10A:18-4.11

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

Section 10A:18-4.11 - Procedure for handling withheld publications

(a) When a publication violates one of the categories cited in 10A:18-4.9 and is withheld in the mail room, the following action shall be taken:

1. The staff member who withholds the publication must submit a written report, no later than the end of the shift to the shift commander identifying:

i. The publication withheld;

ii. The inmate's name and number to whom it was addressed;

iii. The time and date of withholding; and

iv. The category which the publication violates.

2. The decision of the staff member shall be reviewed by the shift commander.

3. The publication shall be given to the inmate within 48 hours if the shift commander disagrees with the determination of the staff member.

4. The written report shall be initialed and returned to the staff member if the shift commander agrees with the determination of the staff member.

5. The staff member shall provide the sender, within 72 hours of the withholding, with a written notice which identifies:

i. The publication withheld;

ii. The reason for withholding the publication; and

iii. The right of the sender to appeal this decision within 10 calendar days of the date of the notice.

6. The staff member shall provide the inmate, within 72 hours of the withholding, with a written notice that the publication has been withheld. The notice must contain the following:

i. Name of the publication;

ii. Date of the publication;

iii. Date of the withholding; and

iv. A statement that the sender has been notified of the withholding and of the right to appeal.

N.J. Admin. Code § 10A:18-4.11

Amended by R.2002 d.407, effective 12/16/2002.
See: 34 N.J.R. 3050(a), 34 N.J.R. 4444(b).
Substituted references to staff member for references to correction officer throughout; in (a)5iii, inserted "calendar" following "10".
Amended by R.2008 d.141, effective 6/2/2008.
See: 39 N.J.R. 5043(a), 40 N.J.R. 3309(a).
In the introductory paragraph of (a), updated the N.J.A.C. reference; and in (a)1 through (a)4, substituted "commander" for "supervisor".