N.J. Admin. Code § 10A:18-2.6

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

Section 10A:18-2.6 - Inspection and identification of incoming correspondence

(a) Each piece of incoming correspondence shall be opened and inspected by designated correctional facility staff.

(b) The sender's name and address and the inmate's name and number should appear legibly on the outside of all incoming correspondence.

(c) The inmate's name and number shall appear on the outside of the incoming correspondence. Correspondence without either the inmate's name or number shall be returned to the sender.

(d) If either the sender's name or address does not appear but the inmate's name and number do appear on the outside of the incoming correspondence, the correspondence may be delivered to the inmate after the correspondence has been opened and inspected for contraband.

(e) When the inmate's name or number and the sender's name and address do not appear on the outside of the incoming correspondence, the correspondence shall be marked "Refused" and returned to the United States Postal Service unopened.

(f) If it is necessary to return correspondence to a sender and the return address is incomplete, the correspondence shall be marked "Refused" and returned to the United States Postal Service unopened.

(g) Incoming correspondence and electronic correspondence shall be opened and inspected for contraband, but it shall not be read unless there is reason to believe that the correspondence contains disapproved content pursuant to N.J.A.C. 10A:18-2.14. If there is reason to believe that the correspondence contains disapproved content, the correspondence shall be read only upon prior authorization of the Administrator, or designee.

(h) A confidential list of the names of inmates whose incoming correspondence is authorized to be read shall be established and maintained in the correctional facility's Special Investigations Division or mail room, or wherever the confidentiality of the list can be maintained.

(i) Incoming electronic correspondence, including emails, e-photos, e-books, and e-videos, are actively viewed and monitored. Delivery of electronic correspondence may be delayed, as its content may be pending review and approval. In addition, if an inmate's privileges and access to electronic communications devices and sending or receiving electronic correspondence are suspended for any reason, such correspondence shall not be sent or delivered.

(j) Electronic correspondence, as set forth at N.J.A.C. 10A:18-6.6(i), should not be used by inmates or attorneys to communicate. In accordance with the service provider's terms of service, all electronic mail shall be viewed and monitored, and the content shall not be treated as legal mail, and shall not be handled as privileged or confidential.

N.J. Admin. Code § 10A:18-2.6

Amended by R.1989 d.338, effective 7/3/1989.
See: 20 N.J.R. 2854(a), 21 N.J.R. 1910(a).
In (b): changed "shall" to "should."
In (c): changed "and" to "or" regarding inmate's name "or" number.
Added new (d) and (e) and recodified old (d)-(f) to new (f)-(h).
In (f): deleted text regarding the opening of inmate's correspondence and added language describing new procedures.
In (g): revised text to specify procedures on inspecting incoming correspondence.
In (h): added language "names of inmates whose" ... and "authorized to be read"; changed "investigative unit" to "Internal Affairs Unit."
Amended by R.1997 d.431, effective 10/6/1997.
See: 29 N.J.R. 2769(a), 29 N.J.R. 4311(c).
In (g), inserted "pursuant to N.J.A.C. 10A:18-2.14".
Administrative change.
See: 32 N.J.R. 303(a).
Amended by R.2002 d.407, effective 12/16/2002.
See: 34 N.J.R. 3050(a), 34 N.J.R. 4444(b).
In (g), substituted "Administrator" for "Superintendent" preceding "or designee".
Amended by R.2008 d.141, effective 6/2/2008.
See: 39 N.J.R. 5043(a), 40 N.J.R. 3309(a).
In (a), inserted "by designated correctional facility staff".

Amended by 55 N.J.R. 1182(b), effective 6/5/2023