N.J. Admin. Code § 10A:10-3.4

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

Section 10A:10-3.4 - Eligibility criteria for interstate transfer consideration

(a) Inmates considered for interstate transfer must be sentenced for a term of imprisonment such that the earliest parole or release dates are not less than one and a half years from the date of application for transfer. Exceptions to this rule shall be made on a case-by-case basis and may include:

1. Inmates in protective custody;

2. Inmates considered to be security risks;

3. Inmates who require special treatment; and/or

4. Consensual transfers.

(b) Inmates with detainers may not be considered for interstate transfer unless authorized by the Commissioner.

(c) Inmates who are sentenced as sexual offenders pursuant to N.J.S.A. 2A:164-3 or 2C:47-1 et seq. shall not be considered for interstate transfer.

(d) The types of inmates who may be considered for interstate transfers under the Interstate Corrections Compact are inmates:

1. Who are bona fide residents of the prospective receiving state to which transfer is desired;

2. Whose behavior constitutes a threat to the safety, security or orderly operation of any New Jersey correctional facility;

3. Whose continued presence in any New Jersey correctional facility poses a threat to themselves;

4. Who can demonstrate a substantial and bona fide reason for being transferred to another state; or

5. Who are residents of New Jersey and meet the classification and custody criteria of out-of-State correctional facilities where bed space is offered for lease or per diem costs by a state which is a state compact member of the Interstate Corrections Compact. Interstate transfer of inmates of this type shall be considered:

i. When an order is issued by the Commissioner, New Jersey Department of Corrections;

ii. In response to a correctional facility emergency, such as, but not limited to, overcrowding or a catastrophic occurrence; and/or

iii. In accordance with a court order.

N.J. Admin. Code § 10A:10-3.4

Amended by R.2003 d.325, effective 8/4/2003.
See: 35 N.J.R. 1639(a), 35 N.J.R. 3559(a).
Inserted a new (c) and recodified former (c) as (d).
Amended by R.2007 d.199, effective 7/2/2007.
See: 39 N.J.R. 747(a), 39 N.J.R. 2537(a).
In (b), substituted "may" for "for open charges shall", and inserted "unless authorized by the Commissioner".
Amended by R.2008 d.149, effective 6/16/2008.
See: 40 N.J.R. 1056(a), 40 N.J.R. 3726(a).
In (c), inserted "or inmates sentenced as sexual offenders pursuant to N.J.S.A. 2A:164-3 or 2C:47-1 et seq.".
Amended by R.2009 d.74, effective 3/2/2009.
See: 40 N.J.R. 6374(a), 41 N.J.R. 1052(b).
In (c), deleted "sentenced to death pursuant to N.J.S.A. 2C:11-3 or inmates" following "who are".