N.J. Admin. Code § 10A:10-4.6

Current through Register Vol. 56, No. 12, June 17, 2024

Section 10A:10-4.6 - Request for temporary custody of an inmate

(a) In accordance with the provisions of the IAD, a prosecuting authority in a receiving state may request temporary custody of a New Jersey State prison inmate for the purpose of bringing the inmate to trial.

(b) The request for temporary custody shall be initiated when the prosecuting authority in the receiving state serves a completed Form V Request for Temporary Custody on the Administrator of the facility in which the inmate is confined.

(c) If the inmate's parole date is imminent at the time Form V is received by the Administrator, the classification officer shall contact the prosecutor who filed Form V and request that transfer of the inmate be postponed and/or that the prosecutor proceed under other authority, for example, the Uniform Criminal Extradition Act, to obtain custody of the inmate. A parole date is imminent if, at the time Form V is received by the Administrator, there is insufficient time to reasonably complete the trial prior to the inmate's parole date.

(d) If the prosecutor does not withdraw the request to obtain temporary custody of the inmate under the IAD on the basis of an imminent parole date, the classification officer shall:

1. Ensure that certified copies of the inmate's fingerprint card, photograph and physical description, and complaint and arrest warrant related to the detainer(s), are received from the prosecutor;

2. Ensure that the inmate has received a copy of Form V;

3. Provide a copy of Form V to the Office of the Governor;

4. Provide a copy of Form III to the prosecutor who initiated the request for temporary custody; and

5. Provide a copy of Form III to any other prosecuting authority in the receiving state that has lodged a detainer against the inmate.

(e) Prior to the transfer of an inmate to a receiving state in accordance with this section:

1. A period of 30 calendar days must elapse after receipt of Form V by the Administrator, during which the inmate may object to the receiving state's request for temporary custody;

i. An objection from the inmate shall be in writing; and

ii. An objection from the inmate shall be submitted to the Governor through the classification officer; and

2. The inmate shall receive a pre-transfer hearing before a court of competent jurisdiction in this State, which shall provide the inmate with an opportunity to challenge the receiving state's request for temporary custody of the inmate.

(f) Upon expiration of the 30 calendar day time period under (e)1 above, the classification officer shall complete, distribute and promptly transmit Form IV in accordance with the printed instructions on the form, provided:

1. The Governor has not objected to the transfer; and

2. Temporary custody to the receiving state has been granted by the court as a result of the pre-transfer hearing.

(g) The Administrator or designee shall ensure that Form VI is obtained from the appropriate authorities in the receiving state prior to the transfer of the inmate to the receiving state.

(h) Upon the return of the inmate to a facility of the New Jersey Department of Corrections, the appropriate classification officer shall ensure that a completed Form IX Prosecutor's Report on Disposition of Charges is received from the prosecuting authority in the receiving state.

N.J. Admin. Code § 10A:10-4.6

Amended by R.2003 d.325, effective 8/4/2003.
See: 35 New Jersey Register 1639(a), 35 New Jersey Register 3559(a).
In (e) and (f), inserted "calendar" following "30"; in (h), inserted "facility of the" preceding "New Jersey" and deleted "' facility" following "Corrections".