N.J. Admin. Code § 10A:10-3.7

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

Section 10A:10-3.7 - Processing consensual interstate transfers

(a) An inmate desiring an interstate transfer shall make such request initially to the Institutional Classification Committee (I.C.C.) on Form 822-I Inmate Request for Transfer Under Interstate Corrections Compact.

(b) The inmate's request shall be reviewed by the I.C.C. within one month of receipt of request to verify the information provided on the request.

(c) If all information provided on Form 822-I is verified and the reason for the requested transfer falls within the reasons enumerated in N.J.A.C. 10A:10-3.6, the I.C.C. shall submit the complete classification summary and the I.C.C.'s recommendation within three months of the inmate's initial request to the Administrator for review and approval or disapproval (see N.J.A.C. 10A:10-3.8).

(d) If the inmate's request is approved by the Administrator, the Administrator or designee shall forward to the Deputy Commissioner a complete set of documents along with the application and a cover letter which shall explicitly state the reason(s) the Administrator is supporting the requested transfer.

(e) If the Deputy Commissioner approves the inmate's request, all documents shall then be forwarded to the Administrator of the Interstate Corrections Compact or designee who shall determine whether the application and proposed transfer complies with the terms of the Interstate Corrections Compact, N.J.S.A. 30:7C-1 and this subchapter. The final decision to approve or deny the out-of-State request shall be made by the Commissioner.

(f) Subsequent to an affirmative determination, the Administrator of the Interstate Corrections Compact or appropriate designee shall seek acceptance of the inmate by a receiving state.

(g) The inmate requesting transfer shall be notified in writing by the Administrator or designee of the decision of the New Jersey Department of Corrections regarding the inmate's request and the reason(s) if the request is rejected.

(h) If a subsequent acceptance or rejection is received, the Administrator of the Interstate Corrections Compact or appropriate designee shall notify the Administrator who, in turn, shall notify the inmate of the decision regarding the inmate's request for an interstate transfer.

(i) If another state compact member is agreeable to the desired transfer, the following steps shall be taken:

1. The existence of a current contract with the state or agency where the transfer is being contemplated must be verified;

2. A contract may either be initiated or renewed if there is no current contract with the state or agency where the contract is contemplated;

3. If necessary, a rider to the current contract may be completed and ratified;

4. Assistance shall be provided by the correctional facility, if the inmate requires assistance in understanding the terms and conditions of the transfer;

5. Form 822-II, Inmate Agreement of Waiver Regarding Interstate Transfer, shall be completed, signed and then authorized by the Administrator of the Interstate Corrections Compact or appropriate designee;

6. Contracts and amendments and renewals to contracts that are approved must be in writing and executed by both the sending and receiving states;

7. When the transfer is approved, authorized escort officers, carrying appropriate credentials identifying themselves and the inmate, shall transport the inmate to the receiving state;

8. Form 822-II, Inmate Agreement of Waiver Regarding Interstate Transfer, and any materials not previously transferred to the receiving state, shall accompany the transportation officers and the inmate to the receiving state; and

9. A receipt for the inmate, Form 822-V, Receipt for Inmate as an Interstate Transferee, shall be obtained from the receiving state and copies of the receipt shall be forwarded to the New Jersey Administrator of the Interstate Corrections Compact or appropriate designee and to the Administrator of the sending correctional facility.

N.J. Admin. Code § 10A:10-3.7

Amended by 47 N.J.R. 3030(a), effective 12/7/2015