N.J. Admin. Code § 10A:18-2.16

Current through Register Vol. 56, No. 24, December 18, 2024

Section 10A:18-2.16 - Procedures for handling withheld or discarded correspondence

(a) When correspondence violates one of the categories cited in N.J.A.C. 10A:18-2.1 4 and is withheld in the mail room, the following action shall be taken.

1. The staff member who withholds the correspondence must submit a written report, no later than the end of the shift to the shift commander identifying:

i. The correspondence withheld;

ii. The inmate's name and number to whom it was addressed;

iii. The time and date of withholding; and

iv. The category which the correspondence violates.

2. The decision of the staff member shall be reviewed by the shift commander.

3. The correspondence shall be given to the inmate within 48 hours if the shift commander disagrees with the determination of the staff member.

4. The written report shall be initialed and returned to the staff member if the shift commander agrees with the determination.

5. The staff member shall provide the sender, within 72 hours of withholding, with a written notice which identifies:

i. The correspondence withheld;

ii. The reason for withholding the correspondence; and

iii. The right of the sender to appeal this decision within 10 calendar days of the date of the notice.

6. The staff member shall provide the inmate, within 72 hours of the withholding, with a written notice that correspondence has been withheld. The notice must contain the following:

i. Name of the sender;

ii. Date of the correspondence;

iii. Date of the withholding; and

iv. A statement that the sender has been notified of the withholding and of the right to appeal.

(b) When incoming electronic correspondence has been withheld from an inmate, it shall be returned to the sender, together with a notice from the vendor's electronic system to the inmate that the material has been found to violate the Department of Corrections' rules governing electronic correspondence.

(c) If only one item within a multipart electronic correspondence violates this chapter, only that item will be discarded/deleted from the correspondence, together with a notice from the vendor's electronic system to the inmate that the material has been found to violate the Department of Corrections' rules governing electronic correspondence.

N.J. Admin. Code § 10A:18-2.16

Amended by R.2002 d.407, effective 12/16/2002.
See: 34 N.J.R. 3050(a), 34 N.J.R. 4444(b).
In (a)6, inserted "the following" following "contain" in the introductory paragraph and substituted "and" for "an" in iv; substituted references to staff member for references to correction officer throughout.
Amended by R.2008 d.141, effective 6/2/2008.
See: 39 N.J.R. 5043(a), 40 N.J.R. 3309(a).
In (a)1 through (a)4, substituted "commander" for "supervisor".

Amended by 55 N.J.R. 1182(b), effective 6/5/2023