N.J. Admin. Code § 13:95-15.6

Current through Register Vol. 56, No. 24, December 18, 2024

Section 13:95-15.6 - Legal photocopying services for non-indigent juveniles

(a) The Commission shall provide photocopies of legal material to non-indigent juveniles in accordance with the guidelines and limitations established in this subchapter.

(b) A non-indigent juvenile shall be charged for the cost of all photocopying of legal material as established at N.J.A.C. 13:95-15.5(a).

(c) If the non-indigent juvenile 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 secure facility shall:

1. Remove from the non-indigent juvenile's account the amount available in accordance with (g)1 below;

2. Charge the non-indigent juvenile's account the amount owed the secure facility; and

3. Advise the non-indigent juvenile in writing of the amount owed and the reason therefore.

(d) If a non-indigent juvenile has insufficient funds to cover the cost of photocopying, the secure facility shall copy only legal material which must be photocopied for a legitimate purpose related to pending litigation which directly or collaterally attacks a juvenile's sentence, or 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 Superintendent, or designee, in order to determine whether the legal material falls within the definition of legal material provided in N.J.A.C. 13:95-1.3, and must be photocopied for a legitimate purpose related to pending litigation.

(e) The Superintendent, or designee, has discretion to determine whether the criteria set forth in (c) above are fulfilled. Photocopies will be limited in quantity to the number required by the court plus one photocopy for the juvenile.

(f) Exceptional circumstances may dictate that material other than legal material would need to be photocopied. The photocopying of such material is left to the discretion of the Superintendent, or designee.

(g) Until the secure facility has been reimbursed in full for the photocopying of legal material, the Business Manager or designee shall:

1. Remove from the non-indigent juvenile'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, restitution, fines or other revenue obligations;

2. Note in the non-indigent juvenile's account each removal of funds from the juvenile's account;

3. Provide to the non-indigent juvenile a monthly account statement to include each removal of funds for photocopying legal materials from the non-indigent juvenile's account; and

4. Reimburse to the secure facility the funds collected from juveniles for the cost of photocopying legal material. Reimbursements shall be made in accordance with applicable internal management policies.

(h) In the event a non-indigent juvenile is transferred to another facility within the Commission or within the Department of Corrections, the Business Manager or designee of the sending secure facility shall notify the Business Manager of the receiving facility in writing of the remaining amount due the sending secure facility for photocopying of legal materials. The notification shall also request that funds continue to be removed from the non-indigent juvenile's account at the receiving institution until reimbursement has been made in full. The receiving facility shall handle the collected funds in accordance with (g)4 above and shall transfer to the sending secure facility the funds collected from the juvenile.

(i) Whenever a non-indigent juvenile's account exceeds a $25.00 negative balance, the Superintendent or designee shall be notified.

(j) Photocopying costs are regarded as collectable, if a non-indigent juvenile is paroled or released prior to making full reimbursement of funds owed for photocopying of legal materials.

(k) The Business Manager or designee shall notify in writing the Central Office fiscal Unit of the remaining amount due the secure facility.

N.J. Admin. Code § 13:95-15.6