N.J. Admin. Code § 10A:18-6.7

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

Section 10A:18-6.7 - Attorneys and court related personnel visits

(a) Attorneys licensed in any jurisdiction and representatives of attorneys shall be permitted contact visits during regular business hours when sufficient space and staff are available.

(b) At the request of the attorneys referenced in (a) above, representatives of attorneys may be granted contact visits. Such representatives shall include, but not be limited to, the following:

1. Investigators;

2. Investigative aides;

3. Expert witnesses;

4. Paralegals; and

5. Law students.

(c) A written notice or a telephone request from an attorney shall be required a minimum of 24 hours in advance of an intended visit. The purpose of the advance notice is to ensure the availability of:

1. Space;

2. Staff; and

3. The inmate.

(d) The advance written notice or telephone request from an attorney shall include the following information:

1. Name of the attorney or representative;

2. Name of the inmate to be interviewed;

3. Name of the attorney for whom the representative is acting;

4. Name of the organization the attorney or their representative represents (if any);

5. A written statement from the attorney or their representative providing any disclosures set forth in N.J.A.C. 10A:18-6.3 and 6.9 and affirming compliance with the provisions set forth in this subchapter; and

6. Date and time the interview is sought.

(e) Form 292-I Request for Attorney-Client Contact Visit, is available locally in each correctional facility, and may be used to verify the inmate's desire to meet with the requesting attorney in the context of an attorney-client relationship.

(f) Appropriate identification is required of attorneys and attorney representatives who visit the inmate at a correctional facility.

(g) Contact visits with attorneys or their representatives may be restricted or prohibited when, in the judgement of the correctional facility Administrator or designee, the inmate is exhibiting inappropriate behavior or is especially dangerous, or when necessary to ensure the safe, secure and orderly operation of the correctional facility. Contact visits may also be denied where the attorney or representative poses a threat to the security or orderly operation of the correctional facility.

(h) In those cases in which contact visits have been denied, every effort shall be made to provide a non-contact visit that is consistent with the safe, secure and orderly operation of the correctional facility.

(i) The Administrator or designee may authorize a visit without prior written notice, under exceptional circumstances.

N.J. Admin. Code § 10A:18-6.7

Amended by R.1991 d.155, effective 3/18/1991.
See: 23 N.J.R. 14(a), 23 N.J.R. 859(c).
Added "licensed in any jurisdiction" to modify "attorneys"; added new subsection (e) regarding forms.
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).
In (g) and (h), substituted "Administrator" for "Superintendent".
Amended by R.2008 d.141, effective 6/2/2008.
See: 39 N.J.R. 5043(a), 40 N.J.R. 3309(a).
Section was "Attorneys and court related personal visits". In the introductory paragraph of (b), inserted a comma following "to"; added new (b)3; and recodified former (b)3 and (b)4 as (b)4 and (b)5.
Amended by R.2009 d.208, effective 7/6/2009.
See: 41 N.J.R. 954(a), 41 N.J.R. 2659(a).
Rewrote the introductory paragraph of (b); in the introductory paragraph of (c), inserted "a" preceding "telephone request" and inserted "a minimum of"; in the introductory paragraph of (d), substituted "The advance written" for "Advance" and inserted "or telephone request from an attorney"; in (d)3, deleted "and" from the end; added new (d)4 and (d)5; recodified former (d)4 as (d)6; in (g), substituted "exhibiting inappropriate behavior" for "acting out", inserted ", or when necessary to ensure the safe, secure and orderly operation of the correctional facility" and recodified the former last sentence as new (h); recodified former (h) as (i); and in (h), inserted "that is" and "safe, secure and".

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