N.J. Admin. Code § 10A:3-9.6

Current through Register Vol. 56, No. 21, November 4, 2024

Section 10A:3-9.6 - Recall to court

(a) An inmate shall only be produced in court by a writ of habeas corpus, writ of habeas corpus ad testificandum, post conviction relief order, or other order to produce which is to be received by Central Medical/Transportation 48 business hours prior to the scheduled court appearance.

1. It shall be improper to produce an inmate in court on a subpoena only.

2. Writs of habeas corpus must be signed by either a New Jersey State Superior Court judge or a Federal court judge. No other writs to produce shall be honored.

3. Questions concerning the validity of any writ shall be referred to the Office of the Assistant Commissioner, Division of Operations, Department of Corrections.

4. Any requests for exception to this policy shall be referred to the Office of the Assistant Commissioner, Division of Operations.

(b) A county may send its own county escorting custody staff members to pick up an inmate at any time provided the county escorting custody staff members have with them an appropriate writ for the inmate.

N.J. Admin. Code § 10A:3-9.6

Amended by R.1993 d.435, effective 9/7/1993.
See: 25 New Jersey Register 2820(a), 25 New Jersey Register 4105(b).
Amended by R.1997 d.41, effective 1/21/1997.
See: 28 New Jersey Register 4840(a), 29 New Jersey Register 356(a).
In (a), substituted "Central Medical/Transportation" for "correctional facility" and "48 business hours" for "48 hours".
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 "custody staff members" for "officers" throughout.