N.J. Admin. Code § 10A:3-6.2

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

Section 10A:3-6.2 - Disposal of contraband personal property seized in reception units

(a) When an inmate arrives at a Department of Corrections reception unit with items of personal property not authorized for retention or possession, the items shall be seized.

(b) The staff member making the seizure shall give the inmate an itemized, signed and dated receipt for the property seized, and shall notify the inmate that such items are contraband, and that the inmate has three business days, from the date of the seizure of the contraband, to appeal the classification of any or all items as contraband to the Administrator or designee.

1. If the Administrator or designee determines that any or all of the items are not contraband, they shall be returned to the inmate.

2. If the Administrator or designee determines that any item is contraband, the inmate shall be given two business days to indicate which of the following means of disposal should be used with respect to the property. The contraband shall be:

i. Mailed to a designated relative or friend of the inmate at the inmate's expense;

ii. Given to a visitor for disposal;

iii. Donated by the inmate to a charitable organization at the inmate's expense; or

iv. Destroyed at the inmate's request.

3. If the inmate fails to indicate the desired disposition, the property shall be disposed of at the option of the Administrator or designee of the correctional facility in which the reception unit is located.

(c) Disciplinary reports shall not be issued to an inmate entering a reception unit for possession of unauthorized or excessive personal property.

N.J. Admin. Code § 10A:3-6.2

Administrative Correction, effective 1/27/1989.
See: 21 N.J.R. 5589a.
Institutional name change.
Recodified from 10A:3-6.3 and amended by R.1997 d.41, effective 1/21/1997.
See: 28 N.J.R. 4840(a), 29 N.J.R. 356(a).
Former rule recodified to N.J.A.C. 10A:3-6.1.
Amended by R.2002 d.171, effective 6/3/2002.
See: 34 N.J.R. 962(a), 34 N.J.R. 1908(a).
In (b), substituted "business" for "working" and substituted references to the Administrator or designee for references to the Superintendent in the introductory paragraph, 1 and 2, and substituted "Administrator" for "Superintendent" in 3.
Amended by R.2007 d.294, effective 9/17/2007.
See: 39 N.J.R. 2191(a), 39 N.J.R. 3936(b).
In (a), substituted "arrives at" for "is delivered to"; and in (b)3, inserted "or designee".