N.J. Admin. Code § 10A:18-6.9

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

Section 10A:18-6.9 - Notification to prospective visitors

(a) The correctional facility Administrator or designee shall be responsible to write a letter of information, in English and translated into Spanish, which provides the pertinent visit regulations with which prospective visitors should be familiar. This letter shall include, but is not limited to, the:

1. Visiting times;

2. Number of permissible visitors;

3. Guidelines for visits by children;

4. Identification required;

5. Smoking policy;

6. Zero tolerance policies (see N.J.A.C. 10A:4-12 );

7. Notification that in accordance with 10A:18-6.1 4, all visitors, their belongings and vehicles are subject to searches while on the premises of a facility under the jurisdiction of the Department of Corrections;

8. Notification that a visitor(s) who enters the premises of a facility under the jurisdiction of the Department of Corrections and refuses to submit to a search shall be:

i. Banned from visiting an inmate committed to the custody of the Department of Corrections for 60 days and required to reapply in writing to the Administrator for approval/disapproval of the reinstatement of visit privileges; and

ii. Directed to immediately leave the premises of the facility under the jurisdiction of the Department of Corrections;

9. Notification that a positive indication as a result of a canine search and/or scanning/testing device search is probable cause to believe that criminal activity has or is taking place and, the visitor(s) shall be:

i. Detained;

ii. Subject to search and arrest; and

iii. In accordance with 10A:18-6.1 4, if a controlled dangerous substance is discovered on, in the possession of, or in the vehicle of the visitor(s), the visitor shall be permanently banned from visiting an inmate committed to the custody of the Department of Corrections;

10. Notification that the prospective visitor must provide disclosure as to whether he or she is a volunteer, employee or former employee of the Department of Corrections or any other law enforcement agency, and/or whether he or she has an adult criminal conviction or is currently on probation or parole.

11. Directions to the correctional facility; and

12. Provisions of 2C:29-6 which prescribe specific penalties for introducing contraband into a correctional facility.

(b) Copies of the letter of information shall be posted in the visiting areas of the correctional facility.

(c) An inmate may choose one household which shall be notified by correctional facility staff as to the occupants' approval as visitors. The approved visitors shall receive a copy of the correctional facility's letter of information. Such notification shall be transmitted within five business days from the day the inmate is received at the correctional facility.

(d) When an individual is not approved as a visitor, notice of and reasons for the exclusion shall be given to the inmate who submitted the individual's name. The inmate may appeal the decision to the Administrator who shall respond, in writing, within 10 business days of receipt of the appeal.

(e) Procedures on how the inmate can change his or her list of approved visitors shall be incorporated into the Inmate Handbook.

N.J. Admin. Code § 10A:18-6.9

Amended by R.1997 d.431, effective 10/6/1997.
See: 29 N.J.R. 2769(a), 29 N.J.R. 4311(c).
Inserted new (a)5 and recodified former (a)5 as (a)6.
Amended by R.1998 d.526, effective 11/2/1998.
See: 30 N.J.R. 2810(a), 30 N.J.R. 3965(a).
In (a), rewrote the introductory paragraph, added a new 6 and recodified former 6 and 7 as 7 and 8.
Amended by R.2001 d.197, effective 6/18/2001.
See: 32 N.J.R. 2637(a), 33 N.J.R. 2082(a).
In (a), substituted "Administrator" for "Superintendent" in the introductory paragraph, added new 7 through 9 and recodified former 7 and 8 as 10 and 11; in (d), substituted "Administrator" for "Superintendent".
Emergency amendment, R.2005 d.435, effective 11/15/2005, (to expire January 14, 2006).
See: 37 N.J.R. 4575(a).
In (a)6, substituted "tolerance policies (see N.J.A.C. 10A:4-12)" for "Tolerance Drug/Alcohol Policy."
Adopted concurrent amendment, R.2006 d.58, effective 1/11/2006.
See: 37 N.J.R. 4575(a), 38 N.J.R. 993(a).
Provisions of R.2005, d.435, adopted without change.
Amended by R.2009 d.208, effective 7/6/2009.
See: 41 N.J.R. 954(a), 41 N.J.R. 2659(a).
Added new (a)10; and recodified former (a)10 and (a)11 as (a)11 and (a)12.