Statutes, codes, and regulations
New Jersey Administrative Code
Title 10A - CORRECTIONSChapter 10 - INTERJURISDICTIONAL AGREEMENTS AND STATUTES
Subchapter 7 - NOTIFICATION OF FOREIGN CONSULS WHEN FOREIGN NATIONALS ARE IMPRISONED
Section 10A:10-7.2 - Notification of consular post

N.J. Admin. Code § 10A:10-7.2

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Current through Register Vol. 56, No. 21, November 4, 2024
Section 10A:10-7.2 - Notification of consular post
(a) When a foreign national has been committed to the custody of the Department of Corrections, the Administrator or designee of the reception correctional facility shall provide for the following during the initial intake process:
1. The foreign national inmate shall be advised of his or her right to notify the consular post of his or her country of origin.
2. The appropriate foreign consul of the foreign national inmate shall be notified in accordance with the Vienna Convention on Consular Relations (VCCR), certain bilateral agreements between the United States Department of State, Consular Notification and Access Instruction. Notification shall be provided by utilizing Form 849-I, Report of Imprisonment of a Foreign National, when:
i. The foreign national inmate is from a mandatory notification country or jurisdiction as established above; or
ii. When the foreign national inmate has requested that the appropriate foreign consul be notified.
3. If a member of the consulate staff of a foreign government has been committed to the custody of the New Jersey Department of Corrections, the head of the consulate post shall be notified, in writing, of the commitment of the consulate staff member. In the event the consulate staff member is the head of the post, the Office of Protocol, U.S. Department of State, Washington, D.C. shall be notified in writing.
(b) In the event the foreign national is taken directly to a correctional facility that does not function as a reception center, the Administrator or designee of the correctional facility receiving the foreign national inmate shall ensure compliance with the provisions of this section during the initial classification process.
(c) Verbal assistance or interpretation relative to ensuring the foreign national inmate is advised of his or her right to notify the consular post of the inmate's country of origin shall be provided to an inmate who is illiterate; not sufficiently conversant with the English language; or otherwise unable to read or write due to a physical, medical or mental inability.

N.J. Admin. Code § 10A:10-7.2