N.J. Admin. Code § 10A:1-11.7

Current through Register Vol. 56, No. 9, May 6, 2024
Section 10A:1-11.7 - Disposition of personal property when an inmate is transferred
(a) Designated staff at the Central Medical/Transportation Unit shall be responsible for transporting inmate personal property within the State. If designated staff at the Central Medical/Transportation Unit are unable to transport the property at the time of the transfer, designated staff will be responsible for transporting the inmate's personal property to the receiving correctional facility within seven business days from the date of transfer.
(b) Except for inmate transfers to a hospital, all transfers shall be considered permanent for the purpose of inmate personal property disposition.
(c) When an inmate is transferred from one correctional facility to another within the State, the sending correctional facility shall be responsible for sending all of the inmate's personal property.
(d) When an inmate is transferred from one correctional facility to another within the State, the receiving correctional facility shall be responsible for inventorying, packaging and mailing any non-permissible personal property to the inmate's home, or the non-permissible personal property shall be made available for removal by designated family members or friends of the inmate.
(e) An inmate being transferred to another correctional facility within the State who does not have visitors, family members or a home address, may request written approval of the receiving correctional facility Administrator to store the inmate's non-permissible personal property.
(f) If the Administrator of the correctional facility within the State approves the inmate's request, the Administrator shall give the inmate a written notification stating that:
1. The personal property will be stored at the inmate's risk;
2. The personal property will be held for a maximum of 60 additional calendar days;
3. The personal property will be disposed of if it is not removed by a specified date; and
4. The correctional facility shall not be liable for personal property that is held longer than 60 calendar days.
(g) When an inmate is transferred to another state, personal property shall be handled as follows:
1. The shipment of personal property for non-consensual transfers shall be at the expense of the sending correctional facility; or
2. The shipment of personal property in consensual transfers that are requested by the inmate for personal reasons, such as, but not limited to, programmatic opportunities or family reasons, shall be at the expense of the inmate.
(h) Inmates approved for international transfer shall be responsible for the shipping expenses and disposition of their personal property prior to transfer.
(i) Disposition of personal property shipped shall be in accordance with the rules of the receiving state or country.
(j) In every case that personal property is mailed to the inmate's home, a receipt for said mailing shall be obtained from the mailing source, such as a post office, mail or parcel service center or railway office, and filed in the inmate's classification folder (see 10A:1-11.1 0).

N.J. Admin. Code § 10A:1-11.7

Amended by R.1992 d.269, effective 7/6/1992.
See: 24 N.J.R. 1465(a), 24 N.J.R. 2451(c).
Revised (f).
Amended by R.1996 d.469, effective 10/7/1996.
See: 28 N.J.R. 3701(a), 28 N.J.R. 4481(a).
Amended by R.2003 d.176, effective 5/5/2003.
See: 35 N.J.R. 331(a), 35 N.J.R. 1898(a).
In (e) and (f), substituted "Administrator" for "Superintendent"; in (g), inserted ", mail or parcel service center" following "post office".
Amended by R.2007 d.17, effective 1/16/2007.
See: 38 N.J.R. 4159(a), 39 N.J.R. 216(a).
In (e), deleted "immediate" preceding "family members".
Amended by R.2007 d.127, effective 5/7/2007.
See: 39 N.J.R. 155(a), 39 N.J.R. 1730(a).
In (a), substituted "inmate personal property within the State" for "personal property of inmates"; rewrote (c) and (d); in (e), inserted "within the State"; rewrote the introductory paragraph of (f); added new (g), (h), and (i); and recodified former (g) as (j).
Amended by R.2008 d.190, effective 7/21/2008.
See: 40 N.J.R. 1736(b), 40 N.J.R. 4323(a).
In (a), inserted "Designated staff at the", "Unit" and "designated staff at the", and substituted "Unit are" for "is" following the second occurrence of "Transportation", "designated staff" for the third occurrence of "Central Medical/Transportation" and "business" for "working".