N.J. Admin. Code § 10A:3-6.6

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

Section 10A:3-6.6 - Confiscation and disposal of unauthorized money, unauthorized checks, money orders, or currency

(a) All unauthorized money, unauthorized checks, money orders, or currency found in an inmate's possession shall be immediately seized and turned over to Central Control or Special Investigations Division together with reports required by this subchapter.

1. Any inmate found to be in possession or to have control over such money, unauthorized checks, money orders, or currency shall be subject to disciplinary action.

2. A determination as to the manner in which the money, unauthorized checks, money orders, or currency has been acquired shall be made by the Disciplinary Hearing Officer/Adjustment Committee at the disciplinary hearing from the reports regarding the incident.

3. If the Disciplinary Hearing Officer/Adjustment Committee concludes that the money, checks, money orders, or currency is unauthorized or has been acquired through improper means, the Disciplinary Hearing Officer/Adjustment Committee shall recommend to the administration that the money, checks, money orders, or currency shall be forfeited by the inmate, deposited in the General Treasury Fund and recorded in the Law Enforcement Dedicated Account of the Department of Corrections.

4. Subsequent to the Disciplinary Hearing Officer/Adjustment Committee conclusion, the money, checks, money orders, or currency shall be turned over to the correctional facility Business Manager with a copy of the adjudicated disciplinary report. The Business Manager will be responsible for depositing and recording the funds to the appropriate account.

5. Money, checks, money orders, or currency forfeited by the inmate, which is not the subject of a disciplinary action as determined by the Disciplinary Hearing Officer/Adjustment Committee or the Administrator shall be deposited in the inmate's account in accordance with N.J.A.C. 10A:2.

(b) Checks, other than personal, shall be the only approved form of funds received through the mail that can be accepted by the correctional facility for deposit in inmate accounts.

(c) All personal checks and money orders, whether received in the mail or brought in by visitors, shall be deemed contraband and shall not be accepted by the facility for deposit in inmate accounts.

(d) All cash received through the mail shall be deemed contraband and shall not be accepted by the facility for deposit in inmate accounts.

(e) Checks, other than personal, shall be the only approved form of funds a visitor may bring to the correctional facility for deposit in an inmate account. Cash and money orders shall not be accepted.

(f) Administrators have the discretion to place an upper limit on the total amount of funds which an inmate is permitted to receive, per day, from one visitor or a combination of visitors.

(g) The following procedures shall be utilized for disposing of the items defined as contraband:

1. All personal checks and money orders shall be refused if brought in by a visitor. Personal checks and money orders received through the mail shall be returned to the sender, at the correctional facility's expense. Personal checks and money orders returned via the mail shall include a note to the sender indicating that Department policy prohibits acceptance. In addition, Form 171-I (Seizure of Contraband Report) shall be filled out and a copy sent to the inmate.

2. All cash received through the mail shall be sent to the facility's Business Office whereupon a check, for each amount of cash received, shall be issued to the sender and mailed to the sender at the facility's expense. Accompanying the check shall be a note to the sender indicating that Department policy prohibits the acceptance of cash through the mail and explaining that the money is being returned in check form to protect against theft. In addition, Form 171-I (Seizure of Contraband Report) shall be filled out and a copy sent to the inmate.

N.J. Admin. Code § 10A:3-6.6

Amended by 47 N.J.R. 3031(a), effective 12/7/2015