N.J. Admin. Code § 10A:10-4.2

Current through Register Vol. 56, No. 24, December 18, 2024
Section 10A:10-4.2 - Definitions

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:

"Detainer" means a notification filed with the correctional facility in which the inmate is serving a sentence, advising that the inmate is wanted to face a pending criminal charge in another jurisdiction. The detainer must be based on an untried indictment, information, or complaint, an escape warrant based on an indictment, and must charge the individual with commission of a criminal offense. The detainer shall not include a charge for probation or parole violation, any matter related to the U.S. Immigration and Customs Enforcement (ICE), or any warrant to return an inmate to another jurisdiction solely for sentencing purposes.

"IAD" means the Interstate Agreement on Detainers.

"Receiving state" is the state in which the untried criminal charge(s) is pending. The receiving state may be the United States of America, the District of Colombia, or any State or territory that has codified the Agreement on Detainers Act into its statutes.

"Sending state" is the state in which the inmate is incarcerated at the time either the inmate initiates a request for final disposition of a detainer filed by a receiving state or the request for custody of the inmate is initiated by the prosecuting authority in the receiving state. All references to "sending state" in this subchapter shall mean the State of New Jersey.

N.J. Admin. Code § 10A:10-4.2

Amended by R.2003 d.325, effective 8/4/2003.
See: 35 N.J.R. 1639(a), 35 N.J.R. 3559(a).
Amended "Detainer".
Amended by R.2007 d.199, effective 7/2/2007.
See: 39 N.J.R. 747(a), 39 N.J.R. 2537(a).
In definition "Detainer", substituted "U.S. Immigration and Customs Enforcement (ICE)" for "Immigration and Naturalization Service".
Amended by R.2013 d.019, effective 2/4/2013.
See: 44 N.J.R. 2275(a), 45 N.J.R. 210(a).
In definition "Detainer", inserted a comma following "information", and substituted "offense" for "offence".