N.J. Admin. Code § 10A:20-4.42

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

Section 10A:20-4.42 - Nondisciplinary administrative returns

(a) Situations warranting an administrative return of an inmate to the correctional facility may include, but are not limited to:

1. An inmate needing medical treatment which is required to be obtained at the correctional facility;

2. An inmate failing to make a satisfactory programmatic adjustment despite a minimum of two therapeutic interventions, although the inmate has not committed a major infraction as recommended by the Residential Community Reintegration Program Director and approved by the Office of Community Programs;

3. An inmate displaying signs of becoming a potential escape risk;

4. Receipt of a complaint from a community member expressing safety concerns or indicating unauthorized contact has occurred;

5. A preliminary positive prohibited substance test result;

6. The need for an investigation by the Special Investigations Division of an incident involving, or allegedly involving, the inmate;

7. Employment of a family member of an inmate at the Residential Community Reintegration Program;

8. An inmate's request and written statement to return to the correctional facility;

9. The need for a mental health evaluation due to a decline in functioning or program adjustment;

10. Any exigent circumstances in which the New Jersey Department of Corrections deems necessary for the safety of the inmate, personnel, and/or community; and/or

11. The correctional facility receiving a detainer which requires a change in the inmate's community custody status.

(b) In cases when an inmate is being returned to the correctional facility for administrative reasons, the Residential Community Reintegration Program director, or equivalent, shall prepare a report using Form CA:44.2b Disciplinary/Administrative/Walk-Away Escape Discharge Summary, which indicates the reason(s) for the return and Special Incident Report Form OCP-001, which provides details of the incident.

(c) A copy of the report shall be given to the custody staff member(s) who is transporting the inmate, and a copy shall be emailed as soon as possible to the Office of Community Programs. The report shall include the following information:

1. The detailed reasons for the return of the inmate; and

2. The Residential Community Reintegration Program Director's specific recommendation to the Community Corrections Classification Committee (C-4) for community release.

(d) The Community Corrections Classification Committee (C-4) shall, at the next regularly scheduled meeting, review the nondisciplinary administrative returns of inmates from Residential Community Reintegration Program programs to correctional facilities, with the exception of some medical transfers and returns pursuant to inmate's request.

N.J. Admin. Code § 10A:20-4.42

Amended by R.2003 d.225, effective 6/2/2003.
See: 34 N.J.R. 4325(a), 35 N.J.R. 2483(a).
Rewrote (b) and (c).
Amended by R.2008 d.266, effective 9/2/2008.
See: 40 N.J.R. 2647(a), 40 N.J.R. 5040(a).
In the introductory paragraph of (c), substituted "member(s)" for "member" and inserted "as soon as possible".

Amended by 55 N.J.R. 2191(a), effective 10/16/2023