N.J. Admin. Code § 10A:9-3.13

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

Section 10A:9-3.13 - Transfers

(a) Except for inmates assigned to the Adult Diagnostic and Treatment Center (A.D.T.C.), the I.C.C. of the correctional facility where the inmate is currently housed shall review an inmate's request for transfer to another correctional facility.

(b) When the I.C.C. has determined that the inmate meets the criteria for assignment to a correctional facility within the security level indicated by the inmate's custody status, the I.C.C. shall recommend such transfer to the Administrator where the inmate is currently housed.

(c) In cases where an inmate's correctional facility adjustment and/or custody status indicates that a transfer to another correctional facility is appropriate, or when transfer is requested by an inmate, an Agreement of Transfer form shall be initiated by the Administrator of the sending facility. If the Administrator of the correctional facility to which the inmate transfer is requested signs the form, the sending facility shall forward the completed form to the intake coordinator, or designee, at the Intake Unit for submission to the Director, Division of Operations, or designee, for consideration for approval/disapproval.

(d) If, in the opinion of the Administrator of the correctional facility in which the inmate is housed, an immediate transfer is necessary, the Administrator shall notify the Assistant Commissioner or Director, Division of Operations of the proposed transfer. With the verbal approval of the Assistant Commissioner or designee, the transfer shall be made as soon as possible.

(e) The Authorization for Emergency Transfer form shall be utilized for disciplinary or administrative transfers of an emergency nature. Two copies of the form shall be forwarded to the Assistant Commissioner or designee from whom verbal approval was secured within three business days of the verbal approval.

(f) In determining the need for an inmate's emergency transfer, the Administrator shall consider the following factors, but is not limited to these factors:

1. The safety and welfare of the inmate;

2. The safety of other inmates and staff; and

3. The safe, orderly and secure operation of the correctional facility.

(g) All inmates transferred on an emergency basis shall be evaluated on the Reclassification Instrument at the receiving facility as soon as possible.

(h) The I.C.C. at GYCF Prison Reception Unit shall confirm all transfers and/or assignments of inmates to adult county correctional facilities contracted to house State-sentenced inmates.

N.J. Admin. Code § 10A:9-3.13

Administrative Correction, effective 1/27/1989.
See: 21 N.J.R. 558(a).
Institutional name change.
Amended by R.1997 d.122, effective 3/17/1997.
See: 29 N.J.R. 80(b), 29 N.J.R. 880(a).
Rewrote (b) and added (c).
Amended by R.2001 d.425, effective 11/19/2001.
See: 33 N.J.R. 2390(a), 33 N.J.R. 3947(a).
In (b), inserted "within the security level indicated by the inmate's custody status," and substituted "Administrator" for "Superintendent"; rewrote (c).
Amended by R.2002 d.190, effective 6/17/2002.
See: 34 N.J.R. 1082(a), 34 N.J.R. 2030(a).
In (a), deleted "at Clinton" following "(EMCF)" and inserted "of the correctional facility where the inmate is currently housed" following I.C.C.
Amended by R.2004 d.180, effective 5/3/2004.
See: 36 N.J.R. 6(b), 36 N.J.R. 2241(b).
Rewrote (c); added (d) through (h).
Amended by R.2007 d.379, effective 12/17/2007.
See: 39 N.J.R. 2445(a), 39 N.J.R. 5340(b).
In (c), substituted "an" for "a" following "requested by", and deleted "or the Special Classification Committee (S.C.C.)" preceding "for consideration".

Amended by 53 N.J.R. 737(a), effective 5/3/2021

Amended by 54 N.J.R. 1610(a), effective 8/15/2022