N.J. Admin. Code § 10A:18-2.18

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

Section 10A:18-2.18 - Appeal and final disposition

(a) When the correspondence has been withheld in the mail room or when correspondence has been removed from the inmate's possession, the sender or inmate may appeal the action of the shift commander to the Administrator within 10 calendar days of the date of notice.

(b) The sender or inmate shall be permitted to submit documents in writing to the Administrator that state that the challenged correspondence does not violate the category indicated in the report of the staff member.

(c) The Administrator or designee, whose title shall not be lower than an Associate Administrator, Assistant Superintendent or Director of Custody Operations, shall consider the appeal.

(d) The Administrator or designee shall issue a written decision on the appeal and shall respond to the sender or inmate, as appropriate, within 72 hours of receipt of the written appeal. If the decision is to withhold the correspondence from the inmate, the decision shall contain a specific finding that the correspondence violates the category indicated in the report of the staff member.

(e) If a correspondence is found to be objectionable only in part and such part is easily separable from the rest of the correspondence, the sender or inmate, as appropriate, shall be given the choice of whether to allow the correctional facility to excise the offending portions or to forfeit the inmate's right to the correspondence.

(f) When an electronic correspondence has been discarded/deleted, returned to sender, or when correspondence has been removed from the inmate's possession, the inmate may appeal the action of the custody review team to the Administrator within 10 calendar days of the date of notice.

(g) The inmate shall be permitted to submit documents, in writing, that state the challenged electronic correspondence does not violate policy.

(h) If the decision is upheld to discard/delete or return the correspondence to the sender, the decision shall contain a specific finding that the correspondence violates this chapter.

N.J. Admin. Code § 10A:18-2.18

Amended by R.1997 d.431, effective 10/6/1997.
See: 29 N.J.R. 2769(a), 29 N.J.R. 4311(c).
Amended by R.2002 d.407, effective 12/16/2002.
See: 34 N.J.R. 3050(a), 34 N.J.R. 4444(b).
Substituted "Administrator" for "Superintendent" and references to staff member for correction officer throughout; in (a), inserted "calendar" following "10"; in (b), inserted "state that" preceding "the challenged"; in (c), inserted "an Associate Administrator" preceding "Assistant Superintendent".
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), substituted "commander" for "supervisor".

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