N.J. Admin. Code § 10A:34-2.2

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

Section 10A:34-2.2 - Minimum standard compliance or non-compliance procedure

(a) Upon completion of an inspection, the municipal detention facility shall be given written notice by the Commissioner or designee of facility compliance or noncompliance with these minimum standards.

(b) The municipal detention facility shall be notified that corrective action must be effected, or initiated, within 60 days for any standard(s) that was rated in non-compliance.

(c) In accordance with 30:1-16, the Commissioner has the authority to institute a civil action in the appropriate Superior Court to remedy improper conditions in a municipal detention facility.

(d) In accordance with the applicable provisions of N.J.A.C. 10A:1-2, the Commissioner or designee may exempt a municipal detention facility from adherence to a rule regarding minimum standards in instances where:

1. The municipal detention facility is not in compliance with one or several of the requirements of the minimum standards; but

2. The municipal detention facility is in compliance with the general intent and purpose of the minimum standards; and

3. The Commissioner or designee has determined that to require the facility to comply strictly with all requirements of the minimum standards would result in an undue hardship to the overall management of the municipal detention facility.

(e) The municipal detention facility shall submit current forms obtained on the Department of Corrections' website for inspections, rule exemptions, incident reporting, and any required statistical information.

N.J. Admin. Code § 10A:34-2.2

Recodified from 10A:34-2.4 and amended by R.1997 d.129, effective 3/17/1997 (operative April 6, 1997).
See: 29 N.J.R. 298(a), 29 N.J.R. 886(a).
In (d), substituted "minimum standards" for "Standards". Former section recodified to N.J.A.C. 10A:34-2.2.
Amended by R.2002 d.206, effective 7/1/2002.
See: 34 N.J.R. 1307(a), 34 N.J.R. 2312(b).
In (d), rewrote the introductory paragraph.
Recodified from N.J.A.C. 10A:34-2.3 and amended by R.2007 d.225, effective 8/6/2007.
See: 39 N.J.R. 1394(a), 39 N.J.R. 3384(a).
In (a), substituted "Commissioner or designee of facility" for "Department of Corrections of its"; in (b), substituted "that" for "which" following "standard(s)"; in (c), substituted "Commissioner" for "Department of Corrections" and deleted "county court or" preceding "Superior Court"; in (d), substituted "Commissioner or designee" for "Department of Corrections"; and in (d)3, substituted "Commissioner or designee" for "Department".
Former N.J.A.C. 10A:34-2.2, Inspection of municipal detention facilities, recodified to N.J.A.C. 10A:34-2.1.

Amended by 54 N.J.R. 626(a), effective 4/4/2022