N.J. Admin. Code § 10A:35-2.3

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

Section 10A:35-2.3 - Resident rights subject to denial

(a) Each resident shall have the following rights, which may be curtailed, suspended, or denied in accordance with internal management procedures and policies, and pursuant to N.J.A.C. 8:131-2.4(10A:35-2.4) when Department of Health clinical staff determines that such restrictions are consistent with the therapeutic goals of the resident, or when Department of Corrections staff determines that such restrictions are necessary to protect the resident, other residents, staff, general public, or property, or to ensure the safe, secure, and orderly operation of the facility, or for other good cause:

1. The right to privacy except as established at N.J.A.C. 8:131-4(10A:35-4) and the right to dignity;

2. The right to be free from unnecessary physical restraint; except for those situations where a resident has caused substantial property damage, has attempted or shown through threatening gestures or behaviors a substantial or imminent threat to harm self or others, or when other good cause exists indicating that less restrictive means of restraint are not feasible as determined by the Department of Corrections. In such an emergent situation, a resident may be physically restrained or placed in TCC or MAP status as defined in this chapter;

3. The right to the least restrictive conditions within the secure facility necessary to achieve the purposes of sex offender treatment that is recommended by the treatment team and necessary to ensure the safety of the residents, staff and the general public;

4. The right to wear his or her own clothes within the facility, pursuant to internal management procedures and/or policies applicable to all residents and based on safety and security concerns; to keep and use permissible personal property; and to have access to, and be allowed to spend a reasonable sum of his or her money for commissary or other purchases;

5. The right to have individual space for storage use;

6. The right to see visitors during regularly scheduled visit periods;

7. The right to have reasonable access to, and use of, telephones to have unmonitored conversations;

8. The right to have access to the purchase of letter writing materials, including stamps;

9. The right to send and receive correspondence;

10. The right to participate in physical exercise on a regularly scheduled basis;

11. The right to be outdoors at regular and frequent intervals, in the absence of medical considerations; and

12. The right to freedom of religious affiliation and voluntary religious worship; however, reasonable restrictions based upon the safe, secure, orderly operation of the facility may be imposed.

N.J. Admin. Code § 10A:35-2.3

Amended and recodified from 10:36A by 53 N.J.R. 1496(a), effective 9/7/2021