N.J. Admin. Code § 10A:20-4.27

Current through Register Vol. 56, No. 11, June 3, 2024

Section 10A:20-4.27 - On-site evaluation and approval or disapproval of employment sites

(a) The Residential Community Reintegration Program shall be responsible for the evaluation and approval or disapproval of all prospective places of employment for inmates in accordance with N.J.S.A. 30:4-91.3 et seq.

1. The New Jersey Department of Corrections reserves the right to override any employment site and any inmate employment assignment approved by the Residential Community Reintegration Program (RCRP) deemed necessary for inmate accountability and safety, as well as the safety of RCRP personnel, Department staff, and/or the community.

(b) Employment sites shall not be more than a 20-mile commute.

(c) Inmates in a Residential Community Reintegration Program shall not be permitted to work at, and are restricted from employment at an employment site and/or occupation that:

1. Is owned or operated by the inmate or relatives;

2. Is a day care center;

3. Does not have a business address or a designated office or establishment at which business is conducted;

4. Has no direct telephone contact;

5. Is a bail bonds office;

6. Is an airport;

7. Is located, or requires travel, outside of the State of New Jersey;

8. Is an adult entertainment establishment;

9. Is a cannabis dispensary or where cannabis products are sold;

10. Has duties not limited to the kitchen of any establishment with a Division of Alcoholic Beverage Control (ABC) license;

11. Has direct or indirect access to controlled dangerous substances defined pursuant to the New Jersey Controlled Dangerous Substance Act;

12. Is a personal trainer to a client who may be deemed a member of a vulnerable population, such as a minor or person with diminished mental capacity and/or is compensated by cash payment;

13. Requires entering private homes;

14. Is restricted by law to persons with criminal backgrounds;

15. Requires any operation of a motor vehicle that is subject to New Jersey Motor Vehicle rules;

16. Is self-employment;

17. Is a locksmith;

18. Offers commission that cannot be documented;

19. Is a security guard;

20. Places the inmate in a situation replicating the original offense;

21. Requires supervision of other inmates;

22. May place the inmate in questionable, inappropriate, and/or unsupervised contact with vulnerable persons, such as minors, senior citizens, or physically or mentally disabled individuals; or

23. Is prohibited by statue.

(d) The RCRP staff shall initially survey any prospective employment placement and the factors that shall be taken into account include, but are not limited to:

1. Legitimacy of place of employment;

2. Credibility of the employer and other employees;

3. Proximity to the contract program;

4. Working conditions of the employees;

5. Availability of transportation;

6. Training opportunities afforded;

7. Potential health hazards to employees;

8. The ability of the employer to meet the New Jersey Department of Labor and Workforce Development requirements, such as, but not limited to, Worker's Compensation and minimum wage;

9. Consultation with representatives of local union central bodies or similar labor union organizations;

10. The potential of displacing employed workers or impairing existing contracts for services;

11. Reputation of place of employment in the community; and

12. The level of supervision to ensure inmate accountability.

(e) The Residential Community Reintegration Program shall not approve an employment site until the employer has reviewed the RCRP Initial Jobsite Employer Participation Agreement and signed the form to certify agreement with the conditions of employing an inmate in a Residential Community Reintegration Program.

(f) The Office of Community Programs shall:

1. Monitor the Residential Community Reintegration Program programs for compliance with employment policies and procedures; and

2. Maintain a current record of employment sites and inmate's employment schedules.

(g) The number of inmates currently employed at the place of employment shall not exceed 15 percent of the work release eligible inmates at any one Residential Community Reintegration Program.

N.J. Admin. Code § 10A:20-4.27

Amended by R.2003 d.225, effective 6/2/2003.
See: 34 N.J.R. 4325(a), 35 N.J.R. 2483(a).
Substituted references to the Residential Community Release Agreement Program and RCRP for references to the contract agency throughout; in (c), substituted "Office of Community Programs" for "Bureau of Contract Administration" in the introductory paragraph.
Amended by R.2008 d.266, effective 9/2/2008.
See: 40 N.J.R. 2647(a), 40 N.J.R. 5040(a).
In (a) and (c)1, deleted "Agreement" following "Release".

Amended by 55 N.J.R. 2191(a), effective 10/16/2023