New Jersey Administrative Code
Title 10A - CORRECTIONS
Chapter 3 - SECURITY AND CONTROL
Subchapter 6 - CONTRABAND AND DISPOSITION OF CONTRABAND
Section 10A:3-6.3 - Disposal of contraband personal property seized within a correctional facility
Universal Citation: NJ Admin Code 10A:3-6.3
Current through Register Vol. 56, No. 6, March 18, 2024
(a) When contraband is seized within a correctional facility, appropriate disciplinary reports shall be written and issued pursuant to 10A:3-6.7.
(b) The staff member making the seizure shall give the inmate an itemized, signed and dated receipt (Form 171--II) for the property seized and shall notify the inmate that such items are contraband and that the inmate has the right to appeal the classification of any or all items as contraband through the disciplinary process.
1. If the Disciplinary Hearing Officer/Adjustment Committee determines that any or all items are not contraband or if the Administrator or designee, on appeal, determines that an item is not contraband it shall be returned to the inmate.
2. If the Disciplinary Hearing Officer/Adjustment Committee determines that any or all items are contraband, the contraband shall be retained and shall not be disposed of until all appeal proceedings are exhausted to include any appeal to the New Jersey Appellate Division when appropriate. Otherwise, the inmate shall be given two business days following receipt of the Disciplinary Hearing Officer/Adjustment Committee decision, or the decision of the Administrator or designee if the disciplinary decision is appealed, to indicate to the Special Investigations Division or Central Control which of the following means shall be used to dispose of the contraband. The contraband shall be:
i. Mailed to a designated relative or friend of the inmate at the inmate's expense;
ii. Donated by the inmate to a charitable organization at the inmate's expense; or
iii. Destroyed at the inmate's request.
3. Where the inmate fails to indicate the desired disposition, the property shall be disposed of at the option of the Administrator or designee.
4. For verifiable cases of inmates who have no family and no visitors, special arrangements to store property at the facility in which the inmate is housed may be approved on a case-by-case basis by the Administrator or designee and in accordance with N.J.A.C. 10A:1, Administration, Organization and Management.
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