N.J. Admin. Code § 10A:2-2.2

Current through Register Vol. 56, No. 23, December 2, 2024

Section 10A:2-2.2 - Deposits and deductions

(a) Inmate accounts of a correctional facility may be maintained in a group depository in an insured commercial bank or savings institution so long as the institution and account are authorized by the Department of the Treasury and approved by the Department of Corrections, Bureau of Accounting and Revenue.

(b) Interest accruing on inmate accounts shall be transferred on a periodic basis, at least once annually, to the Inmate Welfare Fund.

(c) Accurate records of each inmate account and spendable balance shall be maintained.

(d) Except where prohibited by State or Federal statute, deductions of funds either earned or unearned from inmate accounts shall be made by the Business Manager as permitted by:

1.30:4-91.4 Earnings of inmate;

2.2C:43-3.1 Additional assessments; collection and disposition by Victims of Crime Compensation Board;

3.2C:43-3.2 Assessments; amounts collected deposited in Safe Neighborhoods Services Fund;

4.2C:43-3.3 Additional fines deposited in Law Enforcement Officers Training and Equipment Fund;

5.2C:46-1 Time and method of payment; disposition of funds;

6.2C:46-4 Fines, assessments and restitution; collection; disposition;

7.30:4-92 Inmates of institutions to be employed in productive capacity; compensation;

8.30:7E-1 et seq., An Act permitting the State to seek reimbursements for certain health care expenses incurred by State correctional facilities;

9.30:4-15.1 Correctional facility commissaries; Victims of Crime Compensation Board surcharge;

10.30:4-16.2 Recovery of costs and fees for frivolous lawsuits filed by inmates of correctional institutions;

11.30:4-16.4 Deposit of money judgement in inmate's account at correctional institution; use of funds;

12.2C:44-6 Procedure on sentence; presentence investigation and report;

13.53:1-20.2 9 Certain offenders liable for costs of DNA testing;

14. The Prison Litigation Reform Act of 1995, 18 U.S.C. § 3626; and

15. Any other Federal or State statute.

(e) Deductions of funds identified in this section shall be made to pay:

1. Court ordered payments, penalty assessments, restitution, and fines;

2. Other revenue obligations or fees;

3. Fees for medical and/or dental treatment; and

4. Fees for prescription or nonprescription drugs or medicine.

(f) Pursuant to N.J.S.A. 2C:46-1, deductions from inmate accounts shall be made by the Business Manager or designee to pay a transaction fee not to exceed $ 1.00 on each occasion a restitution payment or installment payment is made by an inmate who committed an offense on or after February 1, 1993. Deductions shall be made for:

1. The Victims of Crime Compensation Board (VCCB) penalty (see 2C:43-3.1);

2. The forensic laboratory fee (see 2C:35-20);

3. The Drug Enforcement and Demand Reduction (DEDR) penalty (see 2C:35-15);

4. The Drug Abuse Education Fund penalty (see 2C:43-3.5);

5. The Sexual Assault Nurse Examiner Program Fund penalty (see 2C:43-3.6);

6. The Sex Crime Victim Treatment Fund penalty (see 2C:14-10);

7. The Anti-Drug Profiteering penalty (see 2C:35A-1 et seq.);

8. The Domestic Violence Offender surcharge (see 2C:25-29.4);

9. The Certain Sexual Offenders surcharge (see N.J.S.A. 2C:43-3.7);

10. Computer Crime Prevention (see N.J.S.A. 2C:43-3.8);

11. Sex Offender Supervision Fee (see N.J.S.A. 2C:43-3.8); and

12. Any other fine, penalty, or restitution for which a transaction fee is authorized by law.

(g) The transaction fee schedule as established in (f) above shall be as follows:

1. $ 1.00 for payments in the amount of $ 10.00 or more;

2. $ 0.50 for payments between $ 3.01 and $ 9.99; and

3. No transaction fee if the payment is $ 3.00 or less.

(h) Only nonindigent inmate funds in excess of the one-time monthly amount of $ 15.00 can be deducted by the Business Manager or designee in accordance with (d) above.

(i) In accordance with 30:4-16.4, monies derived from a civil action judgment received by an inmate shall be deposited in the account of the inmate at the correctional facility or regional correctional facility to which the inmate is assigned. Such monies shall be used to pay court-imposed fines, restitution or penalties that the inmate has not met; and may be used to satisfy any claims for reimbursement for medical treatment sought by the State or a county and/or to satisfy any other financial obligations to the Department of Corrections (see N.J.A.C. 10A:6-4).

(j) Pursuant to N.J.S.A. 30:4-15.1, the Business Manager or designee shall deduct from the account of an inmate a 10 percent surcharge on the sale price of every commissary item purchased by the inmate. Pursuant to Departmental internal management procedures, these collected funds shall be forwarded to the State Treasurer for deposit into the Victims of Crime Compensation Board (VCCB) account.

N.J. Admin. Code § 10A:2-2.2

Amended by 50 N.J.R. 1964(a), effective 9/4/2018