N.J. Admin. Code § 10A:10-3.16

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

Section 10A:10-3.16 - Administration of conditions of confinement, hearings and administrative proceedings to which inmates are entitled

(a) All inmates who may be confined to a correctional facility pursuant to the provisions of the Interstate Corrections Compact shall be treated in a reasonable and humane manner and shall be treated equally to similarly situated inmates under the jurisdiction of the receiving state with regard to:

1. The terms and conditions of confinement;

2. Custody status;

3. Program eligibility and participation (with the exception that provisions may be made for the approval of the sending state to certain program assignments, such as work release);

4. Medical services; and

5. Psychiatric services.

(b) The fact of confinement in a receiving state shall not deprive any inmate so confined of any legal rights which said inmate would have had if confined in an appropriate correctional facility of the sending state. The sending state shall be responsible for providing sufficient legal research materials for the inmate to be capable of bringing a suit before the appropriate court challenging his or her conviction or sentence where the same are not available in the correctional facility of the receiving state. The receiving state shall be responsible for providing sufficient legal research materials for the inmate to be capable of bringing a suit before an appropriate court challenging his or her conditions of confinement. An inmate serving a New Jersey sentence out-of-State maintains the right to legal access by writing to the New Jersey Department of Corrections, Office of Interstate Services at PO Box 863, Trenton, New Jersey 08625-0863. Such a request shall:

1. Be in writing;

2. Be legible and intelligible;

3. Contain the full name and address of the petitioner; and

4. Contain a clear and concise statement summarizing/identifying the information or subject matter sought such as, but not limited to, a specific topic, case or law.

(c) An inmate confined pursuant to the Interstate Corrections Compact may be entitled to any hearing(s) in accordance with the statutes of the sending state. The hearing(s) may be conducted by the appropriate authorities of the sending state or by appropriate authorities of the receiving state who are acting as agents of the sending state.

(d) The receiving state shall provide adequate facilities for such hearings as may be conducted by the appropriate officials of a sending state.

(e) In the event such hearing or hearings are held before officials of the receiving state, the governing statute providing for the hearing is that of the sending state. The nature and character of the hearing process is governed by the regulations and procedures administering such hearings in the receiving state.

(f) Inmates in the receiving state, pursuant to the Interstate Corrections Compact, shall be subject to the receiving state's rules and regulations governing discipline and disciplinary sanctions except that any sanction providing for the loss of commutation credits shall not affect the terms and conditions of the sending state's sentence. All institutional infractions committed while at the receiving correctional facility, shall be forwarded by the Office of Interstate Services to the sending state for a determination on how, or if, sanctions shall affect the original sentence.

(g) The record of the hearing or hearings, as requested by the sending state, will be made. Said record, together with any recommendations of the receiving state's hearing official(s), shall be transmitted forthwith to the sending state's official(s) before whom the hearing would have been held if it had taken place in the sending state. A final determination shall be made by the sending state.

(h) In any and all proceedings conducted pursuant to the provisions of this subchapter, the officials of the receiving state act solely as agents of the sending state and no final determination shall be made in any matter pertaining to the administration of the imposed sentence except by the appropriate officials of the sending state.

N.J. Admin. Code § 10A:10-3.16

Amended by 47 N.J.R. 3030(a), effective 12/7/2015