N.J. Admin. Code § 10A:3-6.3

Current through Register Vol. 56, No. 24, December 18, 2024

Section 10A:3-6.3 - Disposal of contraband personal property seized within a correctional facility

(a) When contraband is seized within a correctional facility, appropriate disciplinary reports shall be written and issued pursuant to N.J.A.C. 10A:3-6.7.

(b) The staff member making the seizure shall give the inmate an itemized, signed and dated receipt (Form 171--II) for the property seized and shall notify the inmate that such items are contraband and that the inmate has the right to appeal the classification of any or all items as contraband through the disciplinary process.

1. If the Disciplinary Hearing Officer/Adjustment Committee determines that any or all items are not contraband or if the Administrator or designee, on appeal, determines that an item is not contraband it shall be returned to the inmate.

2. If the Disciplinary Hearing Officer/Adjustment Committee determines that any or all items are contraband, the contraband shall be retained and shall not be disposed of until all appeal proceedings are exhausted to include any appeal to the New Jersey Appellate Division when appropriate. Otherwise, the inmate shall be given two business days following receipt of the Disciplinary Hearing Officer/Adjustment Committee decision, or the decision of the Administrator or designee if the disciplinary decision is appealed, to indicate to the Special Investigations Division or Central Control which of the following means shall be used to dispose of the contraband. The contraband shall be:

i. Mailed to a designated relative or friend of the inmate at the inmate's expense;

ii. Donated by the inmate to a charitable organization at the inmate's expense; or

iii. Destroyed at the inmate's request.

3. Where the inmate fails to indicate the desired disposition, the property shall be disposed of at the option of the Administrator or designee.

4. For verifiable cases of inmates who have no family and no visitors, special arrangements to store property at the facility in which the inmate is housed may be approved on a case-by-case basis by the Administrator or designee and in accordance with N.J.A.C. 10A:1, Administration, Organization and Management.

N.J. Admin. Code § 10A:3-6.3

Administrative Correction, effective 1/27/1989.
See: 21 New Jersey Register 558(a).
Institutional name change.
Recodified from 10A:3-6.4 and amended by R.1997 d.41, effective 1/21/1997.
See: 28 New Jersey Register 4840(a), 29 New Jersey Register 356(a).
Former rule recodified to N.J.A.C. 10A:3-6.2.
Administrative change.
See: 32 New Jersey Register 303(a).
Amended by R.2002 d.171, effective 6/3/2002.
See: 34 New Jersey Register 962(a), 34 New Jersey Register 1908(a).
In (b), substituted "Administrator or designee" for "Superintendent" in 1, 3 and 4, and rewrote the introductory paragraph of 2.