N.J. Admin. Code § 10A:10-3.15

Current through Register Vol. 56, No. 21, November 4, 2024

Section 10A:10-3.15 - Receiving state acting as agent for sending state

(a) Whenever the duly constituted authorities in a state compact member have entered into a contract with another state compact member and decide that confinement in, or transfer of an inmate to, a correctional facility within the territory of another state compact member is necessary or desirable, said officials may direct the confinement be within a correctional facility within the territory of that state compact member. The receiving state may act as agent for the sending state.

(b) Inmates confined in a correctional facility pursuant to the terms of the Interstate Corrections Compact shall be, at all times, subject to the legal jurisdiction of the sending state and may, at any time, be removed therefrom for any of the following reasons:

1. Transfer to a prison or other correctional facility within the sending state;

2. Transfer to another correctional facility in a third party compact state in which the sending state may have a contractual or other right to confine inmates;

3. Release on probation or parole;

4. Discharge;

5. Upon receipt of a court Order to Produce (writ) from a Superior Court in the sending state; or

6. Any other purposes permitted by the Interstate Corrections Compact or this subchapter, provided that the sending state continues to be obligated to such reimbursements as may be required pursuant to the terms of any contract.

(c) Each receiving state shall provide to the sending state regular reports on the inmate(s) that the sending state has in correctional facilities of the receiving state pursuant to the Interstate Corrections Compact.

(d) The regular report shall include a conduct and work record of each inmate and shall be certified to the official designated by the sending state, in order that:

1. Each inmate's record may be reviewed by the designated official in determining and altering the disposition of said sending state; and

2. The report may be a source of information for the sending state.

(e) Any decision of the sending state pertaining to the administration of the terms of the inmate's sentence for which the sending state retains jurisdiction pursuant to the Interstate Corrections Compact shall be conclusive upon and not reviewable within the receiving state.

(f) If, however, at the time the sending state seeks to remove an inmate from a correctional facility in the receiving state and there is a pending criminal charge(s) against the inmate within such state or if the inmate is formally accused of having committed within such state a criminal offense, the inmate shall not be returned without the consent of the receiving state until discharge from prosecution or other form of proceeding, imprisonment or detention for such offense.

N.J. Admin. Code § 10A:10-3.15

Amended by R.2013 d.019, effective 2/4/2013.
See: 44 N.J.R. 2275(a), 45 N.J.R. 210(a).
In (a), substituted "may" for "shall" following "receiving state".

Amended by 55 N.J.R. 548(b), effective 3/20/2023