N.J. Admin. Code § 10A:18-3.4

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

Section 10A:18-3.4 - Inspection of incoming legal correspondence

(a) Incoming legal correspondence shall be opened and inspected by designated correctional facility staff for contraband only.

(b) Incoming legal correspondence shall be opened and inspected only in the presence of the inmate to whom it is addressed.

(c) Incoming legal correspondence shall not be read or copied. The content of the envelope may be removed and shaken loose to ensure that no contraband is included. After the envelope has been inspected the correspondence shall be given to the inmate.

(d) The correctional facility may require that the inmate sign a slip acknowledging receipt of the incoming legal correspondence.

(e) Where there is substantial reason to believe that the incoming correspondence is not legal in nature or that it contains disapproved content pursuant to 10A:18-2.1 4, the Administrator shall immediately notify the appropriate Assistant Commissioner. The incoming legal correspondence shall not be inspected in a manner other than as outlined in this subchapter without first obtaining instructions from the appropriate Assistant Commissioner.

(f) The New Jersey Department of Corrections (NJDOC) reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to:

1. Detect, prevent, or otherwise address fraud or security issues (including, without limitation, the filtering of messages and attachments);

2. Satisfy any applicable law, regulation, legal process, or governmental request;

3. Enforce this chapter, including investigation of potential violations thereof;

4. Respond to user support requests; or

5. Protect the rights, property, or safety of the vendor and the facilities.

(g) Incoming 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) Incoming electronic correspondence, including electronic emails, e-photos, e-books, and e-videos are actively viewed and monitored in accordance with the service provider's terms of service. 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.

N.J. Admin. Code § 10A:18-3.4

Amended by R.1997 d.431, effective 10/6/1997.
See: 29 N.J.R. 2769(a), 29 N.J.R. 4311(c).
In (e), amended notification requirements.
Special amendment, R.2001 d.426, effective 10/19/2001.
See: 33 N.J.R. 4033(a).
Deleted former (b) and recodified former (c) through (e) as (b) through (d).
Amended by R.2002 d.407, effective 12/16/2002.
See: 34 N.J.R. 3050(a), 34 N.J.R. 4444(b).
In (d), substituted "Administrator" for "Superintendent".
Amended by R.2007 d.158, effective 5/21/2007.
See: 39 N.J.R. 341(a), 39 N.J.R. 2122(a).
Added new (b); and recodified former (b) through (d) as (c) through (e).
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