N.J. Admin. Code § 10A:18-4.9

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

Section 10A:18-4.9 - Disapproved content in publications

(a) Any incoming publication may be withheld in the mail room or taken from an inmate's possession if it falls within one of the following categories:

1. The publication contains material that is detrimental to the security and/or order of the correctional facility because it incites violence based upon race, religion, creed or nationality and a reasonable inference can be drawn, based upon the experience and professional expertise of correctional administrators, that it may result in the outbreak of violence within the facility;

2. The publication contains information on the following subjects that, based upon the experience and professional expertise of correctional administrators and custody staff and judged in the context of a correctional facility and its paramount interest in security, order and rehabilitation, is detrimental to the secure and orderly operation of the correctional facility:

i. Explosives;

ii. Weapons;

iii. Controlled dangerous substances;

iv. Escape plans;

v. Lockpicking and/or locking devices; or

vi. Anything that might pose a threat to the security or orderly operation of the correctional facility.

3. The publication contains information which appears to be written in code;

4. The publication contains information concerning activities, within or outside the correctional facility, which would be subject to criminal prosecution under the laws of New Jersey or the United States;

5. The publication incites violence, or destructive or disruptive behavior toward:

i. Law enforcement officers;

ii. Department of Corrections personnel; or

iii. Correctional facility inmates, visitors and/or volunteers; or

iv. Correctional facility programs or procedures.

6. The publication contains material which, based upon the experience and professional expertise of correctional administrators and judged in the context of a correctional facility and its paramount interest in security, order and rehabilitation:

i. Taken, as a whole, appeals to a prurient interest in sex;

ii. Lacks, as a whole, serious literary, artistic, political or scientific value; and

iii. Depicts, in a patently offensive way, sexual conduct including patently offensive representations or descriptions of ultimate sex acts, masturbation, excretory functions, lewd exhibition of the genitals, sadism or masochism.

N.J. Admin. Code § 10A:18-4.9

Amended by R.1997 d.431, effective 10/6/1997.
See: 29 N.J.R. 2769(a), 29 N.J.R. 4311(c).
In (a)2v, inserted reference to locking devices; in (a)2vi, substituted "that might pose ... facility" for "of a similar nature"; added (a)5iii; and recodified former (a)5iii as (a)5iv.
Amended by R.2002 d.407, effective 12/16/2002.
See: 34 N.J.R. 3050(a), 34 N.J.R. 4444(b).
Amended by R.2008 d.141, effective 6/2/2008.
See: 39 N.J.R. 5043(a), 40 N.J.R. 3309(a).
Rewrote the introductory paragraph of (a)2.