N.J. Admin. Code § 10A:22-2.3

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

Section 10A:22-2.3 - Records designated confidential

(a) In addition to records designated as confidential pursuant to the provisions at N.J.S.A. 47:1A-1 et seq., any other law, rule promulgated pursuant to the authority of any statute or Executive Order of the Governor, resolution of both houses of the Legislature, Executive Order of the Governor, Rules of Court, or any Federal law, Federal regulation, or Federal order, the following records shall not be considered government records subject to public access pursuant to N.J.S.A. 47:1A-1 et seq.:

1. Informant documents and statements;

2. Special Investigations Division investigations records and reports, provided that redaction of information would be insufficient to protect the safety of any person or the safe and secure operation of a correctional facility;

3. A record, which consists of any alcohol, drug or other substance abuse information, testing, assessment, evaluation, report, summary, history, recommendation or treatment, including any assessment instruments;

4. Any information relating to medical, psychiatric or psychological history, diagnosis, treatment or evaluation;

5. A report or record relating to an identified individual, which, if disclosed, would jeopardize the safety of any person or the safe and secure operation of the correctional facility or other designated place of confinement;

6. Comprehensive criminal history information (rap sheet);

7. Records of another department or agency allocated to that department in the possession of the Department of Corrections when those records are made confidential by a rule of that department or agency allocated to that department adopted pursuant to 47:1A-1 et seq., and Executive Order No. 9 (1963) or pursuant to another law authorizing the department or agency to make records confidential or exempt from disclosure;

8. The Department of Corrections Disaster/Terrorism Contingency Report;

9. All internal management procedures, or any portion thereof, including any portions of those procedures and/or any indexes or lists identifying the procedures related to the following: safety and security measures, inmate movement, staffing, investigative techniques, contraband detection, intelligence gathering techniques, structural or physical plant designs, surveillance techniques, and search techniques;

10. Records related to involuntary or voluntary protective custody;

11. Records related to security threat groups or security threat group investigations or validations;

12. Records and/or content related to inmate phone, e-mail, or visit information;

13. Log books;

14. Video camera footage of areas located within a correctional facility's secured perimeter; and

15. Records related to the Prison Rape Elimination Act (PREA), P.L. 108-79, complaints and investigations with the exception of those records releasable to the victim.

(b) An inmate shall not be permitted to inspect, examine or obtain copies of documents concerning any other inmate.

N.J. Admin. Code § 10A:22-2.3

Amended by 48 N.J.R. 2813(a), effective 12/19/2016

Amended by 56 N.J.R. 779(a) effective 5/6/2024