N.J. Admin. Code § 10A:17-7.1

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

Section 10A:17-7.1 - Procedure for submitting a request to marry or enter into a civil union

(a) An inmate who is 18 years of age or older and wishes to marry or enter into a civil union while serving a sentence at a State correctional facility shall submit a written request on Form 380-I Marriage/Civil Union Request Form to the Administrator of the correctional facility at which the inmate is currently assigned at least 120 calendar days in advance of the proposed date of the wedding or civil union solemnization.

(b) An inmate may submit a request to marry or enter into a civil union outside of the correctional facility if the inmate is eligible for escorted or unescorted furlough and the correctional facility has a furlough program, or the inmate may submit a request to marry or enter into a civil union within the correctional facility if the inmate is ineligible for furlough or prefers that the marriage ceremony or civil union solemnization be performed at the correctional facility.

(c) An inmate who is confined in a community medical facility may submit a request to marry or enter into a civil union to the Administrator of the correctional facility at which the inmate is currently assigned.

(d) A request to marry or enter into a civil union shall include:

1. The name of the inmate;

2. The number of the inmate;

3. The name of the intended spouse or the partner in a civil union couple;

4. The address of the intended spouse or the partner in a civil union couple;

5. The ages of the intended spouse or the partner in a civil union couple and the inmate;

6. The present marital status of the inmate and the intended spouse or partner in a civil union couple;

7. The proposed date of the ceremony or civil union solemnization, to include:

i. A request for approval to use the correctional facility chapel on the proposed date, including the type of ceremony or civil union solemnization preferred, such as civil or religious;

8. The name and credentials of the individual to perform the civil/religious wedding ceremony or civil union solemnization;

9. A summary of the action, if any, the inmate has taken regarding compliance with the requirements for:

i. A marriage license or civil union license; and

ii. Other provisions of State law;

10. A signed statement from the inmate indicating the inmate and/or intended spouse or partner in a civil union couple will pay in advance all expenses incurred including, but not limited to:

i. The marriage or civil union license;

ii. The provision of custody staff dependent on the inmate's custody classification (N.J.A.C. 10A:3-9);

iii. The fee per custody staff which is the maximum salary of a Senior correction officer at time and a half;

iv. The State vehicle mileage cost established by the Director, Division of Budget and Accounting;

v. The projected number of meals of the escorts and inmate based on the rate in the current State of New Jersey Travel Regulations; and

vi. The tolls and parking expenses;

11. A signed statement from the inmate indicating there are no legal restrictions, which would prohibit the marriage or civil union under law; and

12. If an inmate is confined in a community medical facility at the time he or she submits a request to be married or to enter into a civil union, the inmate shall indicate, based upon the inmate's knowledge of his or her current diagnosis or prognosis whether he or she anticipates that the marriage ceremony or civil union solemnization will likely need to be conducted at the community medical facility.

N.J. Admin. Code § 10A:17-7.1

Amended by 48 N.J.R. 1459(a), effective 7/18/2016