N.J. Admin. Code § 10A:1-11.3

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

Section 10A:1-11.3 - Non-permissible personal property

(a) Designated staff at the correctional facility shall notify an inmate, in writing, whenever the inmate possesses any property that is non-permissible personal property.

(b) Designated staff at the correctional facility shall inventory and package the nonpermissible personal property and the inmate shall indicate, in writing, which of the following means of disposal should be used with respect to the non-permissible personal property. The non-permissible personal property shall either be:

1. Mailed to the inmate's home at the inmate's expense;

2. Given to a visitor designated by the inmate;

3. Donated by the inmate to a charitable organization at the inmate's expense; or

4. Destroyed.

(c) If the non-permissible property is to be removed by a family member or friend(s), the inmate shall arrange for the removal of the non-permissible personal property within 30 calendar days after receiving the written notification from the correctional facility.

(d) If the inmate's non-permissible personal property is not removed from the correctional facility within 30 calendar days after the written notification, the inmate shall receive a second written notification stating that:

1. The property will be held for a maximum of 30 additional calendar days;

2. The property will be disposed of if it is not removed by a specified date; and

3. The correctional facility shall not be liable for personal property that is held longer than 60 calendar days.

(e) If the inmate or designee fails to respond to a second written notification within 30 calendar days, designated staff at the correctional facility may dispose of the non-permissible personal property by:

1. Donating the non-permissible personal property to any recognized public charitable organization;

2. Retaining the non-permissible personal property for use by the general inmate population, such as a typewriter for use in the Inmate Law Library; or

3. Destroying the non-permissible personal property.

(f) Copies of written notices to the inmate about non-permissible personal property shall become a permanent part of the inmate's classification folder (see N.J.A.C. 10A:1-11.1 0).

N.J. Admin. Code § 10A:1-11.3

Amended by R.1989 d.45, effective 1/17/1989.
See: 20 N.J.R. 2746(a), 21 N.J.R. 163(a).
Added new (e) and recodified old (e) to (f).
Amended by R.1992 d.269, effective 7/6/1992.
See: 24 N.J.R. 1465(a), 24 N.J.R. 2451(c).
Revised (b) and (f).
Amended by R.2008 d.190, effective 7/21/2008.
See: 40 N.J.R. 1736(b), 40 N.J.R. 4323(a).
In (a) and the introductory paragraph of (b), substituted "Designated staff at the" for "The"; in (a), substituted "that" for "which"; and in the introductory paragraph of (e), inserted "designated staff at the".