N.J. Admin. Code § 10A:3-6.1

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

Section 10A:3-6.1 - Procedures for handling contraband upon discovery

(a) Whenever an item, article or material is determined to be contraband, it shall be immediately seized.

1. The custody staff member or staff member making the seizure shall submit the contraband to the unit supervisor who shall submit it to the Special Investigations Division or Central Control of the correctional facility, together with a fully completed Form 171--I, Seizure of Contraband Report. The contraband report must be submitted no later than the end of the shift during which the contraband was seized.

2. Care should be taken at all times to carefully record the chain of possession of the contraband.

3. The custody staff member or staff member shall also give the inmate from whose control or possession contraband is taken, an itemized, signed and dated receipt (Form 171--II, Inmate, Receipt, Contraband Seizure), a copy of which shall also go to the Special Investigations Division or to the correctional facility Central Control. The contents of this form shall be either read or explained to the inmate if necessary.

4. When contraband is removed from mail, such as, but not limited to, letters and packages, the custody staff member or staff member making the seizure shall send the inmate to whom the mail was addressed a completed copy of Form 171--II indicating that the specified items were removed.

5. The inmate shall have three business days to appeal the seizure to the Administrator or designee.

(b) The Special Investigations Division or correctional facility Central Control shall maintain a log of all Seizure of Contraband and Inmate Receipt forms (Forms 171-I and 171-II). It shall be the responsibility of these units to record the disposition of the contraband on the Seizure of Contraband Report (Form 171-I).

(c) All contraband seized shall be clearly and appropriately marked and securely stored by the Special Investigations Division or the correctional facility Central Control.

(d) If disciplinary charges are issued in connection with the seizure of contraband, the Special Investigations Division or the correctional facility Central Control shall present evidence of the contraband at the disciplinary hearing unless the contraband was seized pursuant to 10A:3-6.5. If the contraband was seized pursuant to 10A:3-6.5, the Disciplinary Hearing Officer/Adjustment Committee shall arrange to view the contraband outside the inmate's presence.

(e) Contraband shall be disposed of by the Special Investigations Division or the correctional facility Central Control in accordance with this subchapter.

N.J. Admin. Code § 10A:3-6.1

Administrative Correction, effective 1/27/1989.
See: 21 N.J.R. 558(a).
Institutional name change.
Recodified from 10A:3-6.2 and amended by R.1997 d.41, effective 1/21/1997.
See: 28 N.J.R. 4840(a), 29 N.J.R. 356(a).
In (a)3, deleted references to specified training schools for boys and girls; and in (d), substituted "present evidence of the contraband" for "present the contraband". Section was "Contraband defined".
Administrative change.
See: 32 N.J.R. 303(a).
Amended by R.2002 d.171, effective 6/3/2002.
See: 34 N.J.R. 962(a), 34 N.J.R. 1908(a).
In (a), substituted "the" for "an" preceding "inmate from whose control" in 3, inserted "but not limited to," in 4, inserted "business" preceding "days", substituted "Administrator" for "Superintendent", and deleted "his or her" preceding "designee" in 5, and substituted "custody staff member" for "correction officer" throughout.