N.J. Admin. Code § 10A:3-9.13

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

Section 10A:3-9.13 - Transportation costs in a civil action

(a) The costs of transporting an inmate to court for civil action will be paid by the Department of Corrections when:

1. The cause of action is related to the inmate's confinement;

2. The cause of action is a Family Court matter such as, but not limited to, matrimonial and child custody; or

3. The inmate is a defendant and the plaintiff is a governmental entity.

(b) The cost of transporting an inmate to court for a civil action other than those listed in (a) above shall be paid in advance of the transportation by:

1. The inmate;

2. The inmate's attorney or representative; and/or

3. The person bringing the civil action against the inmate or that person's representative.

(c) The correctional facility Business Office shall prepare a detailed written statement of expenses using the following criteria to determine the cost of transportation due:

1. The number of custody staff members and/or supervisor required for the inmate's custody status handled in accordance with this subchapter;

2. The fee per custody staff member/supervisor which is the maximum salary of each representative title at time and a half;

3. The State vehicle mileage cost which is established by the Department of the Treasury. The overall State vehicle cost shall be based on the mileage rate times the sum of the number of miles to and from the destination;

4. The cost of meals;

i. The projected number of meals for inmates and custody staff members which shall be established in accordance with the State of New Jersey Travel Regulations, Department of Treasury.

ii. The fee charged for each meal (breakfast, lunch and/or dinner) which shall be based on the rate in the current State of New Jersey Travel Regulations, Department of Treasury.

iii. The cost of meals which shall be the projected number of meals times the per meal fee established by the State of New Jersey Travel Regulations, Department of Treasury; and

5. All tolls and parking expenses.

(d) The total costs of transporting an inmate to court for civil actions must be received in the form of a certified check made payable to the "Treasurer, State of New Jersey" and submitted for processing to the correctional facility Business Office.

N.J. Admin. Code § 10A:3-9.13

New Rule, R.1996 d.62, effective 2/5/1996.
See: 27 N.J.R. 3273(a), 28 N.J.R. 853(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 (c)1, 2 and 4i, substituted references to custody staff members for references to correction officers.
Amended by R.2007 d.294, effective 9/17/2007.
See: 39 N.J.R. 2191(a), 39 N.J.R. 3936(b).
In (c)1, substituted "status" for "classification"; and in (c)3, deleted "Director, Division of Budget and Accounting," preceding "Department" and inserted "the" preceding "Treasury".