N.J. Admin. Code § 10A:10-4.5

Current through Register Vol. 56, No. 21, November 4, 2024

Section 10A:10-4.5 - Inmate request for transfer

(a) In accordance with the provisions of the IAD, an inmate may request disposition of a detainer which has been lodged against the inmate by a receiving state.

(b) The following action shall be taken if the inmate indicates a desire to dispose of the detainer(s):

1. The inmate shall complete Form II Inmate's Notice of Place of Imprisonment and Request for Disposition of Indictments, Informations and Complaints;

2. Staff designated by the Administrator shall complete Form III Certificate of Inmate Status and Form IV Offer to Deliver Temporary Custody; and

3. The classification officer shall ensure that Forms II, III, and IV are copied, distributed, and promptly transmitted in accordance with the instructions printed on the forms and, as follows:

i. Forms II, III, and IV shall be sent to the prosecuting official and the clerk of the court having jurisdiction over the matter in the receiving state by registered or certified mail, return receipt requested; and

ii. Forms II, III, and IV shall be sent to any other prosecutor in the receiving state who has lodged a detainer against the inmate.

4. The classification officer and the prosecuting authority in the receiving state shall determine a date and time for transfer of the inmate to the receiving state;

5. The classification officer shall ensure that completed Form VI Evidence of Agent's Authority to Act for Receiving State and Form VII Prosecutor's Acceptance of Temporary Custody offered in Connection with a Prisoner's Request for Disposition of a Detainer, have been obtained from the prosecuting authority in the receiving state prior to the transfer of the inmate to the receiving state; and

6. The Commissioner, or designee, shall be advised when a New Jersey inmate is being transferred, pursuant to the Act.

(c) Upon the return of the inmate to a facility of the New Jersey Department of Corrections, the appropriate classification officer shall ensure that a completed Form IX Prosecutor's Report on Disposition of Charges is received from the prosecuting authority in the receiving state.

N.J. Admin. Code § 10A:10-4.5

Amended by R.2003 d.325, effective 8/4/2003.
See: 35 New Jersey Register 1639(a), 35 New Jersey Register 3559(a).

Amended by 55 N.J.R. 548(b), effective 3/20/2023