N.J. Admin. Code § 10A:5-1.3

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

Section 10A:5-1.3 - Rules common to all close custody units

(a) Special custodial responsibilities are as follows:

1. Due to the increased need for close security within the close custody units, the frequency and intensity of certain custodial functions shall be increased. Thorough cell searches may be conducted as often as once a week, if found necessary for certain inmates, or as often as twice a month for all close custody units. Spot-checks of cells may be conducted at any time.

2. Precautions shall be taken to ensure that the inmates in the M.C.U. are not subjected to unnecessary limitations of their personal privacy. The close custody unit supervisor or another person acting on the direct or standing orders of the Administrator must authorize any non-routine cell searches.

(b) Disciplinary action within close custody units shall be in full force and effect (see N.J.A.C. 10A:4, Inmate Discipline).

(c) In addition to the rules contained in this subchapter, all other Department rules applicable to inmates shall apply with equal force to inmates in the close custody units.

(d) Ventilation, heating, lighting, and sanitation shall be as follows:

1. Proper ventilation, lighting, room temperatures, cleanliness, and properly functioning sanitary fixtures shall be maintained in cells within close custody units.

2. The Administrator or designee shall be responsible to provide for the daily inspections that shall be made to help ensure that the cells, corridors, toilets, showers, and other areas within close custody units are kept secure, clean, and sanitary.

3. Partial curtains may be permitted over the cell door, at the discretion of the Administrator.

4. Toilets that are flush controlled from outside the cells shall be flushed as often as is necessary to maintain good sanitary standards.

(e) Close custody unit inmates shall be served the regular correctional facility meals from the "menu of the day," unless a special diet is prescribed by a physician or a religious vegetarian diet has been approved by the correctional facility chaplain.

1. Disposable utensils shall be used when necessary.

(f) Grooming, showering, and shaving shall be as follows:

1. Hair care services shall be provided as needed.

2. Each inmate in a close custody unit shall be permitted to shave and shower three times a week, as indicated in the inmate handbook, unless permitting these activities would present an undue security hazard.

(g) Medical and psychiatric services shall be as follows:

1. Emergency medical and psychiatric care for inmates in close custody units shall be provided immediately;

2. Requests for inmate medical attention by staff or inmates in non-emergency situations shall be responded to by the health care staff who visit the close custody units daily;

3. Routine medical and psychiatric services shall be provided, equivalent to that which is provided to inmates in the general population for the M.C.U., R.H.U., T.A.H., and P.C.;

4. Ongoing healthcare services in other close custody units shall include daily health status examinations in accordance with N.J.S.A. 30:4-82.8.a(7);

5. Whenever it appears that an inmate is suffering from an emotional or psychiatric disturbance, arrangements shall be made for a psychiatric or psychological evaluation. See N.J.A.C. 10A:5-4.1 and 6.1 for rules specific to emergency confinement and pre-hearing disciplinary housing; and

6. Medical and psychiatric evaluations or examinations shall be conducted outside the inmate's cell, whenever possible, with due consideration given to the necessary safety and security measures.

(h) After a thorough search for contraband, all inmates shall be admitted to the close custody units dressed in clothing issued by the correctional facility.

1. The following items, as approved by the Administrator, or designee, shall be permitted, or made available, to inmates upon admission to a close custody unit, as soon as reasonably practicable:

i. Clothing required for use in cell;

ii. Bedding and mattress;

iii. Personal hygiene supplies;

iv. Eating utensils;

v. Eyeglasses;

vi. A wristwatch;

vii. Religious indicia;

viii. Legal materials;

ix. Postage stamps;

x. Reading and writing materials;

xi. Prescribed medical equipment;

xii. Department-approved media player, tablet, or similar contractor-provided electronic communications service provider or vendor-provided device, unless privileges are suspended or removed as part of a sanction; and

xiii. Supplies for adequately cleaning the cell.

2. The possession and use of radios, televisions, typewriters, and other appliances in the close custody units shall be subject to the same guidelines as those developed by the Administrator for the general population or in accordance with unit internal management procedures. Personal televisions may be permitted in the Restorative Housing Unit (R.H.U.) unless permitting these items would present an undue security hazard or the housing facility lacks the infrastructure to accommodate them.

3. Inmates in close custody units shall be permitted the same number of personal and library books as the general population. Procedures for requesting, receiving, and returning reading materials to the correctional facility's library and inmate law library are included in the inmate handbook.

4. Personal items, as approved by the Administrator or designee, shall be:

i. Permitted in accordance with the inmate handbook; and

ii. Purchased from an authorized source of sale.

(i) Disposition of inmate's personal possessions not authorized in close custody units are as follows:

1. Inmate personal possessions not authorized in close custody units shall not be stored by the correctional facility; and

2. Disposition of non-permissible personal possessions shall be handled in accordance with N.J.A.C. 10A:1-11, Personal Property of Inmates.

(j) Correctional facility clothing, bedding, and linens shall be laundered on a weekly basis.

(k) Inmates shall be provided access to legal services in accordance with N.J.A.C. 10A:6, Inmate Access to Courts.

1. Inmates shall also have access to the inmate law library by means of inmate paralegals who shall provide legal reference materials, services, and supplies to close custody unit inmates to the same degree as afforded inmates in the general population (see N.J.A.C. 10A:6-2.12 and 2.14).

(l) Correspondence, visiting, or telephone calling opportunities shall be available to inmates in the M.C.U., Restorative Housing Unit (R.H.U.), and Protective Custody units, but shall be provided in accordance with any special precautions, as deemed necessary or appropriate by the Administrator.

1. No staff member shall monitor the content of conversations between an inmate and the inmate's attorney or spiritual advisor during visits.

2. Restrictions of visits or telephone calls for inmates in close custody units shall be made in accordance with this section and applicable sanctions.

(m) Efforts shall be made to provide opportunities for exercise and recreation consistent with custodial considerations. Inmates in close custody units shall be offered a minimum of five hours of exercise each week, unless compelling security, safety, or weather reasons dictate otherwise. When exercise is not permitted, the reasons shall be clearly documented.

1. The Administrator may take emergency action in suspending exercise or recreation privileges for any, or all, inmates until the emergency has passed. In any such emergency, the Administrator shall notify the Commissioner or designee.

(n) Educational programs shall be comparable to those programs available to inmates in general population to the extent possible, in accordance with security considerations and resources. Additional educational programs will be made available to inmates in the Restorative Housing Units as set forth at N.J.A.C. 10A:5-9.5(i).

(o) Inmates in the close custody units shall be visited daily during the business week by a member of the correctional facility's professional staff to determine any emergency or unusual needs of the inmates and to make referrals to appropriate departments or staff members.

1. Spiritual counseling shall be available on an individual basis as coordinated by the correctional facility's chaplain.

(p) Work opportunities shall be provided to inmates in Protective Custody (P.C.) and the Management Control Unit (M.C.U.) in keeping with appropriate security considerations.

1. Pay and work time credits shall be commensurate with the skill level and the amount of work responsibilities involved, in applicable close custody housing units.

2. Education and program credits shall be commensurate with credits available to the general population.

3. Inmates in the I.H.U. shall be reassigned to cell sanitation and shall be able to earn work time credits and pay for this status.

4. Inmates in a Restorative Housing Unit who are participating in formal school (not independent study) shall be entitled to earn work credits and special program credits, but shall not receive pay.

(q) Social, psychological, and counseling programs shall be as follows:

1. Treatment programs shall be available in close custody units to at least the same extent as available to the general inmate population. Healthcare personnel and a psychologist shall be assigned to close custody units and an area or office shall be provided for these services. The professionals shall provide services consistent with those provided to the general population and shall work closely with close custody unit supervisors and staff.

2. Counseling sessions shall be arranged upon the request of an inmate confined in close custody units.

3. Social, educational, and chaplaincy services/programs focused on transitioning inmates back into general population will be made available in Restorative Housing Units as set forth at N.J.A.C. 10A:5-9.3.

4. Two interview rooms shall be available within close custody units for use by the assigned professional staff, the close custody unit supervisor, the parole counselor, and professional representatives of outside agencies, such as, but not limited to, the Social Security Administration, the Veteran's Administration, and vocational rehabilitation agencies.

(r) Procedures for obtaining commissary items while in close custody units shall be detailed in the Inmate Handbook and/or as approved by the Administrator.

(s) Withdrawal of personal items or activities shall be done as follows:

1. Whenever, in the judgment of the custody staff member in charge of a close custody unit, there is imminent danger that an inmate will destroy property, clothing, or any items usually permitted in the cell, or injure him or herself, or another person, the custody staff member may deprive the inmate of such items, if practicable. In such cases, however, effort shall be made to provide a substitute for the item or to permit the inmate to use the item under the supervision of the custody staff member;

2. Whenever an inmate is deprived of any usually authorized item or activity, a written report shall immediately be forwarded to the Administrator or designee and a close custody unit supervisor shall identify the inmate and the item or activity withheld;

3. The Administrator or designee shall review any such restriction within one week. Any continued restriction shall be permitted only with the written authorization of the Administrator or designee; and

4. Such restrictions shall be reviewed on a weekly basis to determine whether there is reasonable certainty that the danger to a person or property is no longer imminent and the restriction may be lifted.

N.J. Admin. Code § 10A:5-1.3

Amended by 47 N.J.R. 2500(a), effective 10/5/2015

Amended by 49 N.J.R. 105(a), effective 1/3/2017

Amended and Recodified from 10A:5-2.28 by 53 N.J.R. 719(a), effective 5/3/2021

Amended by 54 N.J.R. 2393(a), effective 12/19/2022