N.J. Admin. Code § 10A:10-3.17

Current through Register Vol. 56, No. 11, June 3, 2024

Section 10A:10-3.17 - Release/return of transferred inmate

(a) Except as established in (b) below, a transferred inmate from New Jersey shall be returned to New Jersey for a court appearance in which the inmate is named as a defendant or plaintiff or when subpoenaed, and for the opportunity for a reasonable amount of consultation with counsel in connection with such court proceedings.

(b) Court appearances may be arranged and provided through video teleconferencing (VTC) when equipment is available and operational and when the court is amenable to the use of VTC.

(c) An inmate may be returned to the sending state at the request of the receiving state due to behavior which poses a threat to the safe, secure, and orderly operation of the correctional facility in the receiving state. In such cases where the inmate is not charged with a prohibited act by the receiving state due to the expedited nature of the inmate's return, the sending state may charge the inmate based on such written reports and/or affidavits as are forwarded by the receiving state.

(d) A disciplinary report shall be prepared by the Office of Interstate Services as soon as possible after the return, but in any case, within no more than five business days of the inmate's return.

(e) All disciplinary procedures as stated in N.J.A.C. 10A:4 shall be followed with the exception that appeals shall be forwarded to the Office of the appropriate Assistant Commissioner, New Jersey Department of Corrections.

(f) Any inmate eligible for parole who is confined pursuant to the Interstate Corrections Compact shall be released within the sending state, unless the inmate and the sending and receiving states agree that the inmate will be paroled to a party who will provide supervision for the parolee under the Interstate Compact for Adult Supervision.

(g) Any inmate who has been returned to the sending state or maintained in the receiving state shall be released at the expiration of maximum sentence within the sending state, unless the receiving state and the sending state agree, in writing, that the inmate may be released within the receiving state.

N.J. Admin. Code § 10A:10-3.17

Amended by R.2003 d.325, effective 8/4/2003.
See: 35 N.J.R. 1639(a), 35 N.J.R. 3559(a).
Added (g).
Amended by R.2011 d.013, effective 1/3/2011.
See: 42 N.J.R. 2196(a), 43 N.J.R. 54(a).
Deleted former (c); recodified former (d) through (f) as (c) through (e); added new (f); and in (g), substituted "Any" for "Except as established in this section, an".
Amended by R.2013 d.019, effective 2/4/2013.
See: 44 N.J.R. 2275(a), 45 N.J.R. 210(a).
In (g), inserted "or maintained in the receiving state" and inserted a comma preceding "unless".