N.J. Admin. Code § 10A:6-2.6

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

Section 10A:6-2.6 - Legal photocopying services for indigent inmates

(a) The Department of Corrections shall provide photocopies of legal material at no charge to the indigent inmate as defined in 10A:1-2.2, in accordance with the guidelines and limitations in this subchapter.

(b) Only legal material that must be photocopied for a legitimate purpose, related to pending litigation challenging an indigent inmate's sentence, directly or collaterally, or challenging the conditions of confinement, such as civil rights actions and/or writs of habeas corpus, will be photocopied for indigent inmates at the expense of the Department of Corrections. Such legal materials may include supporting documents, such as relevant prior correspondence and copies of receipts, which are to be attached to court documents. The legal material submitted for photocopying may be reviewed by the Supervisor of Education or designee, in order to determine whether the legal material:

1. Falls within the definition of legal material provided in 10A:1-2.2; and

2. Must be photocopied for a legitimate purpose related to pending litigation; or

3. Should be duplicated by typing instead of photocopying, as provided by (d) below.

(c) The Supervisor of Education or designee, has complete discretion in determining whether the criteria enumerated in (b) above are fulfilled. Photocopies will be limited in quantity to the number required by the court plus one photocopy for the indigent inmate.

(d) If, in the discretion of the Supervisor of Education or designee, the legal material that the indigent inmate seeks to have photocopied should instead be duplicated by typing, the inmate shall be required to type the duplicates and the correctional facility shall not provide photocopies.

(e) Exceptional circumstances may dictate that material other than legal material would need to be photocopied. The photocopying of such material shall be handled at the discretion of the Supervisor of Education or designee.

N.J. Admin. Code § 10A:6-2.6

New Rule, R.1996 d.163, effective 3/18/1996.
See: 28 N.J.R. 25(a), 28 N.J.R. 1543(a).
Amended by R.1997 d.528, effective 12/15/1997.
See: 29 N.J.R. 4238(a), 29 N.J.R. 5302(a).
In (b), added clause limiting purposes for which photocopying for inmates will be done at the expense of the Department.
Amended by R.2002 d.189, effective 6/17/2002.
See: 34 N.J.R. 1079(a), 34 N.J.R. 2028(b).
In (a), deleted "as defined in N.J.A.C. 10A:6-1.3" preceding "legal material"; in (b)1, amended the N.J.A.C. reference.
Amended by R.2007 d.216, effective 7/16/2007.
See: 39 N.J.R. 1228(a), 39 N.J.R. 2648(b).
Deleted "his or her" preceding "designee" throughout; in (b), substituted "that" for the first occurrence of "which" and "challenging" for "attacking", inserted commas following "collaterally" and "confinement" and deleted the comma following "Education"; in (c), deleted the comma following "Education"; in (d), substituted "that" for "which"; and in (e), substituted "shall be handled at" for "is left to".