N.J. Admin. Code § 10A:31-19.7
Current through Register Vol. 56, No. 24, December 18, 2024
Section 10A:31-19.7 - Legal correspondence(a) All incoming legal correspondence should clearly indicate on the outside of the envelope that the correspondence is being sent from a legal correspondent as established in the definition for "legal correspondence" at N.J.A.C. 10A:31-1.3. The absence of a particular name of an attorney or judge shall not preclude the correspondence from being treated as legal correspondence if the return address indicates it was sent by an office or court as established in the definition for "legal correspondence" at N.J.A.C. 10A:31-1.3.(b) Incoming legal correspondence shall be opened and inspected by designated adult county correctional facility staff only in the presence of the inmate to whom it is addressed.(c) All incoming legal correspondence shall be opened and inspected by designated adult county correctional facility staff only for contraband. Incoming legal correspondence shall not be read or copied. The content of the envelope may be removed and shaken loose to ensure that no contraband is enclosed. After the envelope has been inspected, the correspondence shall be given to the inmate.(d) The Administrator may establish internal management procedures requiring that the inmate sign a slip acknowledging receipt of the incoming legal correspondence.(e) Letter-writing materials shall be provided to inmates by staff at each adult county correctional facility and the facility shall assume the cost of mailing legal correspondence for indigent inmates (see "indigent inmate" as defined at N.J.A.C. 10A:31-1.3). The cost of mailing legal correspondence shall extend only to First Class or standard postage and shall not include:(f) Whenever an inmate is transferred from one adult county correctional facility to another facility, the inmate shall be responsible for notifying his or her correspondents of the change of address. The Administrator or designee of the adult county correctional facility from which the inmate is transferred shall develop internal management procedures that establish a time period that reasonably enables the inmate to have sufficient time to provide such notification to his or her correspondents via mail. This time period shall not exceed three months during which all incoming legal correspondence shall be forwarded to the correctional facility to which the inmate has been transferred. Any legal correspondence received after the time period established shall be returned to the sender.(g) All outgoing legal correspondence shall be clearly marked with the inmate's name and number on the envelope.(h) An inmate who is sending legal correspondence out of the adult county correctional facility shall be responsible for clearly marking "legal mail" on the front and back of the envelope.(i) The absence of the "legal mail" designation shall not mean that the correspondence may be treated as non-legal correspondence if the address on the envelope clearly indicates that it is being sent to a "legal correspondent" as enumerated in the definitions of "legal correspondence" or "legitimate public official" in N.J.A.C. 10A:31-1.3.N.J. Admin. Code § 10A:31-19.7
New Rule, R.2006 d.59, effective 2/6/2006.
See: 37 N.J.R. 3201(a), 38 N.J.R. 995(a).
Former N.J.A.C. 10A:31-19.7, Publications, recodified as N.J.A.C. 10A:31-19.8.
Amended by R.2007 d.158, effective 5/21/2007.
See: 39 N.J.R. 341(a), 39 N.J.R. 2122(a).
Added new (b); and recodified former (b) through (e) as (c) through (f).
Amended by R.2008 d.141, effective 6/2/2008.
See: 39 N.J.R. 5043(a), 40 N.J.R. 3309(a).
In (b) and (c), inserted "designated adult county correctional facility staff"; and added (g) through (i).
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 (e), substituted "staff at each" for "the"; and rewrote (f).