N.J. Admin. Code § 10A:35-3.2

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

Section 10A:35-3.2 - Handling of personal property confiscated within a Special Treatment Unit

(a) When a resident arrives at a Special Treatment Unit reception area with items of personal property not authorized for retention or possession, the items shall be confiscated.

(b) The staff member making the confiscation shall give the resident an itemized, signed, and dated receipt for the property confiscated, and shall notify the resident that such items are not permitted, and that the resident has three business days, from the date of the confiscation, to appeal the classification of any or all items as non-permissible by submitting a grievance to the individual designated to process grievances, with the DOC Administrator or DBHS Clinical Director or their designees having final decision-making authority.

1. If it is determined that any or all of the items confiscated are permissible, they shall be returned to the resident.

2. If it is determined that any item is not permitted, the resident shall be given three business days to indicate which of the following means of disposal should be used with respect to the property. The property shall be:

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

ii. Given to a visitor for disposal;

iii. Donated by the resident to a charitable organization at the resident's expense; or

iv. Destroyed at the resident's request.

3. If the resident fails to indicate the desired disposition, the property shall be disposed of at the option of the DOC Administrator or DBHS Clinical Director.

N.J. Admin. Code § 10A:35-3.2

Amended by 47 N.J.R. 113(a), effective 1/5/2015

Amended by R.2015 d.004, effective 1/5/2015.
See: 46 N.J.R. 1531(a), 47 N.J.R. 113(a).
In the introductory paragraph of (b) and in (b)3, substituted "DMHAS" for "DMHS".

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