N.J. Admin. Code § 10A:6-2.7
Current through Register Vol. 56, No. 21, November 4, 2024
Section 10A:6-2.7 - Legal photocopying services for nonindigent inmates(a) The Department of Corrections shall provide photocopies of legal material to nonindigent inmates in accordance with the guidelines and limitations established in this subchapter.(b) A nonindigent inmate shall be charged for the cost of all photocopying of legal material as established at 10A:6-2.5(a).(c) If the nonindigent inmate has temporarily overdrawn his or her account or has a balance in the account, but the balance is not sufficient to pay the cost of all photocopying of legal material, the correctional facility shall:1. Remove from the nonindigent inmate's account the amount available in accordance with (h)1 below;2. Charge the nonindigent inmate's account the amount owed the correctional facility; and3. Advise the nonindigent inmate via the inmate's monthly account statement of the amount owed.(d) If a nonindigent inmate has insufficient funds to cover the cost of photocopying, the correctional facility shall copy only legal material that must be photocopied for a legitimate purpose related to pending litigation that directly or collaterally challenges an inmate's sentence, or that challenges the conditions of confinement, such as a civil rights action or a writ of habeas corpus. Such legal materials may include supporting documents, such as relevant prior correspondence and copies of receipts, which are to be attached to court documents. The legal material submitted for photocopying may be reviewed by the Supervisor of Education or designee, in order to determine whether the legal material falls within the definition of legal material provided in N.J.A.C. 10A:l-2.2, and: 1. Must be photocopied for a legitimate purpose related to pending litigation; or2. Should be duplicated by typing instead of photocopying, as provided by (f) below.(e) The Supervisor of Education or designee, has complete discretion in determining whether the criteria enumerated in (d) above are fulfilled. Photocopies will be limited in quantity to the number required by the court plus one photocopy for the inmate.(f) If, in the discretion of the Supervisor of Education or designee, the legal material that the inmate seeks to have photocopied should instead be duplicated by typing, the inmate shall be required to type the duplicates and the correctional facility shall not provide photocopies.(g) Exceptional circumstances may dictate that material other than legal material would need to be photocopied. The photocopying of such material shall be permitted at the discretion of the Supervisor of Education or designee.(h) Until the correctional facility has been reimbursed in full for the photocopying of legal material, the Business Manager or designee shall:1. Remove from the nonindigent inmate's account any amount of funds in excess of the one time monthly amount of $ 15.00 after deductions to pay court ordered penalty assessments, restitutions, fines or other revenue obligations;2. Note in the nonindigent inmate's account each removal of funds from the inmate's account;3. Provide to the nonindigent inmate a monthly account statement to include each removal of funds for photocopying legal materials from the nonindigent inmate's account; and4. Reimburse to the correctional facility the funds collected from inmates for the cost of photocopying legal material. Reimbursements shall be made in accordance with applicable State and Departmental internal management procedures.(i) In the event a nonindigent inmate is transferred to another correctional facility within the Department of Corrections, the Business Manager or designee of the sending correctional facility shall notify the Business Manager of the receiving correctional facility by electronic notification of the remaining amount due the sending correctional facility for photocopying of legal materials. The notification shall also request that funds continue to be removed from the nonindigent inmate's account until reimbursement has been made in full. The receiving correctional facility shall handle the collected funds in accordance with (h)4 above and shall issue a check for the funds collected from the inmate and forward the check to the sending correctional facility.(j) Whenever a nonindigent inmate's account exceeds a $ 25.00 negative balance, the Administrator or designee shall be notified.(k) Photocopying costs are regarded as collectable, if a nonindigent inmate is paroled or released prior to making full reimbursement of funds owed for photocopying of legal materials.(l) The Business Manager or designee shall notify in writing the Central Office Revenue Unit (CORU) of the remaining amount due the correctional facility. The CORU shall take whatever action possible to collect the photocopying funds due and forward same to the correctional facility.N.J. Admin. Code § 10A:6-2.7
New Rule, R.1996 d.163, effective 3/18/1996.
See: 28 N.J.R. 25(a), 28 N.J.R. 1543(a).
Amended by R.1997 d.528, effective 12/15/1997.
See: 29 N.J.R. 4238(a), 29 N.J.R. 5302(a).
In (d)3, provided for monthly accountings to the inmate of removal of funds for photocopying costs; deleted (d)4; and recodified existing (d)5 as (d)4.
Amended by R.2002 d.189, effective 6/17/2002.
See: 34 N.J.R. 1079(a), 34 N.J.R. 2028(b).
Rewrote the section.
Amended by R.2007 d.216, effective 7/16/2007.
See: 39 N.J.R. 1228(a), 39 N.J.R. 2648(b).
In the introductory paragraph of (d), substituted "that" for "which" following both "material" and "litigation", substituted the first occurrence of "challenges" for "attacks", inserted "that" preceding the second occurrence of "challenges", and deleted the comma following "Education"; in (d)2, substituted "(f)" for "(d)"; in (e), deleted the comma following "Education" and "his or her" preceding "designee" and substituted "(d)" for "(c)"; in (f), deleted "his or her" preceding "designee", and substituted "that" for "which"; in (g), substituted "shall be permitted at" for "is left to" and deleted "his or her" preceding "designee"; and in (h)4, substituted "procedures" for "policies".
Amended by R.2011 d.246, effective 10/3/2011.
See: 43 N.J.R. 266(a), 43 N.J.R. 2617(a).
In (c)3, substituted "via the inmate's monthly account statement" for "in writing", and deleted "and the reason therefor" from the end; and in (i), substituted "by electronic notification" for "in writing".