N.J. Admin. Code § 10A:10-5.4

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

Section 10A:10-5.4 - Exceptions to the mandatory use of the Uniform Criminal Extradition Act

(a) When an inmate in the custody of the New Jersey Department of Corrections is to be released to an out-of-State detainer and/or commitment detainer, the Uniform Criminal Extradition Act may not be invoked by the highest ranking classification officer or designee in the following instances:

1. Under Article III, Interstate Agreement on Detainers, when the out-of-State commitment detainer was filed as a result of temporary custody granted to out-of-State prosecuting agencies to dispose of the indictment at the inmate's request as evidenced by a signed Form II;

2. When released to Federal jurisdiction/Federal U.S. Marshals upon presentation of appropriate identification and the appropriate writ signed by a Federal judge; or

3. When material witness requests are received by the New Jersey Department of Corrections from out-of-State authorities and/or from the Federal government. No extradition is required for an inmate as a material witness who has signed the appropriate consent form prepared by the New Jersey Office of the Attorney General.

(b) Extradition is not necessary when a U.S. Marshal requests the inmate as a material witness and presents a Writ of Habeas Corpus, ad testificandum.

(c) Offenders charged with parole violation in the State of New Jersey, who are apprehended out-of-State; who were supervised under the Interstate Compact for Adult Supervision in the state where they were apprehended; and who have signed an agreement to return, do not require formal extradition proceedings.

(d) When an out-of-State commitment detainer has been lodged as a result of the transfer of an inmate via an Executive Agreement, the Uniform Criminal Extradition Act may not be invoked by the highest ranking classification officer or designee.

N.J. Admin. Code § 10A:10-5.4

Amended by R.2005 d.306, effective 9/6/2005.
See: 37 N.J.R. 1916(a), 37 N.J.R. 3374(a).
Added (d).
Amended by R.2011 d.013, effective 1/3/2011.
See: 42 N.J.R. 2196(a), 43 N.J.R. 54(a).
In (c), substituted "out-of-State" for "out of State" and "Interstate Compact for Adult Supervision" for "Compact for the Supervision of Parolees and Probationers".