N.J. Admin. Code § 10A:2-6.2

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

Section 10A:2-6.2 - Decision making factors for approving or denying a claim

(a) The following factors shall be considered before recommending approval or disapproval of claims:

1. Whether the investigation revealed any neglect by the correctional facility;

2. Whether care was exercised by facility staff preventing property loss, damage or destruction;

3. Whether the inmate exercised care in preventing property loss, damage or destruction;

4. Whether it has been proven that the inmate was authorized to have and did, in fact, possess the item(s) named in the claim;

5. Whether sufficient information has been supplied by the inmate, including proper receipts, witnesses and investigative reports;

6. Whether the inmate submitted the claim in a timely manner;

7. Whether the loss or damage exceeds authorized amounts of correctional facility personal property limits;

8. Whether the personal property is considered contraband; and

9. Whether other reviewers recommended denial of the claim and the reasons therefor.

CASE NOTES

Matter was remanded to the New Jersey Department of Corrections (DOC) for further investigation of an inmate's property claim pursuant to 10A:2-6.1, where it did not appear that DOC had complied with the applicable regulations. Barnes v. Sherrer, 401 N.J. Super. 172, 949 A.2d 324, 2008 N.J. Super. LEXIS 137 (App.Div. 2008).

N.J. Admin. Code § 10A:2-6.2