N.J. Admin. Code § 10A:5-5.5

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

Section 10A:5-5.5 - Release of inmates in Protective Custody units

(a) An inmate who has voluntarily signed himself or herself into Protective Custody who wishes to be released from Protective Custody may submit a request for release from Protective Custody to the appropriate Custody Supervisor. In order to approve such a requested release, the Institutional Classification Committee (I.C.C.), the Administrator or designee must be satisfied that there is no known danger to the inmate's well-being and no known threat to the safe and secure operation of the correctional facility. Should the request for release from voluntary Protective Custody be denied, the inmate may request in writing that continued placement in Protective Custody be considered an involuntary placement in Protective Custody.

(b) An inmate who has been placed in Protective Custody involuntarily may be released by the Administrator or designee, upon recommendation by the I.C.C. when they are satisfied that the conditions forming the basis for the inmate's placement in Protective Custody have abated or no longer exist and there is no known threat to the safe and secure operation of the correctional facility.

(c) Inmates released from Protective Custody shall, when appropriate, be referred to the intake unit for assignment to a suitable correctional facility.

(d) An inmate in a State correctional facility shall not be directly released from non-congregate Protective Custody to the community during the final 180 days of the inmate's term of incarceration, unless it is necessary for the safety of the inmate, staff, other inmates, or the public.

N.J. Admin. Code § 10A:5-5.5

Amended by 47 N.J.R. 2500(a), effective 10/5/2015

Amended by 53 N.J.R. 719(a), effective 5/3/2021

Amended by 54 N.J.R. 2393(a), effective 12/19/2022