N.J. Admin. Code § 10A:31-2.1

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

Section 10A:31-2.1 - Authority of the Commissioner, New Jersey Department of Corrections

(a)30:1B-10 gives the Commissioner of the Department of Corrections the authority to establish minimum standards for adult county correctional facilities.

(b) The Commissioner may, in accordance with the Administrative Procedure Act, P.L. 1968, c. 410 (52:14B-1 et seq.) promulgate such rules and regulations as are deemed necessary to establish minimum standards for the care, treatment, government and discipline of inmates in adult county correctional facilities.

(c) The Department of Corrections is aware that a number of older adult county correctional facilities operate under certain physical/structural deficiencies. Such facilities may be authorized to make reasonable accommodations to comply with this chapter. However, in the areas of renovation and/or new construction of adult county correctional facilities, the Department of Corrections shall require compliance with this chapter.

(d) The Commissioner may exempt an adult county correctional facility, or operational unit from adherence to a rule or certain requirements of a rule in accordance with provisions established in 10A:31-1.5 and in instances where the adult county correctional facility is not in compliance with one or several of the requirements of the minimum standards, but:

1. The adult county correctional facility is in compliance with the general intent and purpose of the minimum standards; and

2. The Commissioner has determined that to require the facility to comply strictly with all requirements of the minimum standards would result in an undue hardship to the overall management of the adult county correctional facility.

N.J. Admin. Code § 10A:31-2.1

Amended by R.2000 d.332, effective 8/7/2000.
See: 32 N.J.R. 1894(a), 32 N.J.R. 2945(a).
Rewrote (c); and added (d).
Amended by R.2011 d.059, effective 2/22/2011.
See: 42 N.J.R. 2692(a), 43 N.J.R. 427(a).
In the introductory paragraph of (d), updated the N.J.A.C. reference.