N.J. Admin. Code § 10A:1-4.4

Current through Register Vol. 56, No. 8, April 15, 2024

Section 10A:1-4.4 - General provisions regarding the Inmate Remedy System

(a) Correctional facility staff and inmates shall be responsible for compliance with the provisions established in this subchapter and any internal management procedures relative to the Inmate Remedy System.

(b) The submission of an "Inmate Inquiry Form," "Inmate Grievance Form," and/or "Administrative Appeal" shall not result in cause for coercion, punishment, retaliation, reprisal, or retribution against any individual.

(c) The Inmate Remedy System is a comprehensive system that includes the opportunity for an inmate to submit an "Inmate Inquiry Form" or "Inmate Grievance Form" and, in response to the resulting decision or finding, to submit an "Administrative Appeal." Therefore, when a an "Inmate Grievance Form" decision or finding is rendered by correctional facility staff to the inmate, and the inmate wishes to appeal the resulting decision or finding to the Administrator or designee, the inmate is encouraged to submit an "Administrative Appeal." The submission of an "Administrative Appeal" provides an added option for review and consideration within the Inmate Remedy System in regard to an inmate's request for information, issue, concern, and/or complaint.

(d) The comprehensive Inmate Remedy System, includes an "Inmate Inquiry Form," and/or "Inmate Grievance Form," and an "Administrative Appeal," which must be utilized and fully exhausted prior to an inmate filing any legal action regarding information requests, issues, concerns, and/or complaints.

(e) The IRSF-100 and IRSF-101 Inmate Remedy System Forms must be complete, legible, and include a clear and concise statement summarizing the request. The IRSF-100 and IRSF-101 shall contain the full name, SBI number and, when required, signature of the inmate submitting the form. An IRSF-100 and IRSF-101 submitted anonymously or without a legible, clear indication of the name and number of the inmate shall not be processed through the Inmate Remedy System.

(f) The IRSF-100 and IRSF-101 may be obtained from designated correctional facility units/departments such as, but not limited to, housing units, the Social Services Department, and the law library. Completed forms shall be deposited in designated collection boxes that are located in specified areas of the correctional facility.

(g) The IRSF-103 Staff Redirection Form shall be used by correctional facility staff to advise an inmate who has submitted inappropriate, incomplete, illegible, or unclear IRSF-100 and IRSF-101 Inmate Remedy System Forms of the appropriate steps the inmate needs to take in order to address the issue or to process and fully complete the request.

(h) When deemed necessary by the inmate, an "urgent request" (as this term is defined within this subchapter) may be indicated on the IRSF-100 and IRSF-101; however, a written explanation of the urgency must be provided by the inmate which includes the compelling, emergent, or serious circumstance, state, condition, or fact associated with the request.

(i) Further deliberation may be deemed necessary in those instances in which an issue requires further research or investigation, or is referred to a committee or to another entity. The staff member shall consult with the Coordinator and any other appropriate correctional facility staff when making the determination that the request requires further deliberation. The IRSF-102 Staff Response Form shall be used to provide the inmate a response within 15 calendar days of receipt of an "Inmate Inquiry Form" and within 30 calendar days of receipt of an "Inmate Grievance Form" by the Coordinator and within ten business days of receipt of an "Administrative Appeal" by the Administrator or designee. Utilizing the IRSF-102, the initial response to the inmate shall include, but not be limited to, statements that indicate:

1. Further deliberation is necessary;

2. The nature of the deliberation; and

3. The timeframe within which the final response shall be provided to the inmate.

(j) If the "Staff Response Form" is not provided to the inmate in response to the "Inmate Inquiry Form" within 15 calendar days the inmate can file the "Inmate Grievance Form."

(k) For illiterate inmates or inmates otherwise unable to read or write due to a language/physical/medical inability, assistance shall be provided by appropriate correctional facility staff as needed in regard to each step of the Inmate Remedy System.

N.J. Admin. Code § 10A:1-4.4

Amended by 47 N.J.R. 3028(a), effective 12/7/2015