N.J. Admin. Code § 10A:18-4.13

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

Section 10A:18-4.13 - Appeal and final disposition

(a) When a publication has been withheld in the mail room or when a publication has been removed from the inmate's possession, the sender or inmate may appeal the action of the shift commander to the Administrator within 10 calendar days of the date of the notice.

(b) The sender or inmate shall be permitted to submit arguments, in writing to the Administrator, that the challenged publication does not violate the category indicated in the report of the staff member.

(c) The Administrator or designee, whose title shall not be lower than Associate Administrator, Assistant Superintendent or Director of Custody Operations, shall consider the appeal.

(d) The Administrator or designee shall issue a written decision on the appeal and respond to the sender or inmate, as appropriate, within 72 hours of receipt of the written appeal. If the decision is to withhold the publication from the inmate, the decision shall contain a specific finding that the publication violates the category indicated in the report of the staff member and a notification that the publication is being returned to the sender.

(e) If a publication is found to be objectionable only in part and such part is easily separable from the rest of the publication (such as a magazine article, etc.) the inmate shall be given the choice of whether to allow the correctional facility to excise the offending portion(s) or to forfeit his or her right to the publication.

N.J. Admin. Code § 10A:18-4.13

Amended by R.1997 d.431, effective 10/6/1997.
See: 29 N.J.R. 2769(a), 29 N.J.R. 4311(c).
In (b), substituted "submit arguments" for "argue".
Amended by R.2002 d.407, effective 12/16/2002.
See: 34 N.J.R. 3050(a), 34 N.J.R. 4444(b).
Substituted "Administrator" for "Superintendent" throughout; in (a), inserted "calendar" following "10"; in (b) and (d), substituted references to staff member for correction officer throughout.
Amended by R.2008 d.141, effective 6/2/2008.
See: 39 N.J.R. 5043(a), 40 N.J.R. 3309(a).
In (a), substituted "commander" for "supervisor".