NJAC 10A:31-25.17 Orientation

NJAC 10A:31-25.17 Orientation
TITLE 10A. CORRECTIONS  
CHAPTER 31. ADULT COUNTY CORRECTIONAL FACILITIES  
SUBCHAPTER 25. WORK AND VOCATIONAL TRAINING RELEASE PROGRAM
N.J.A.C. 10A:31-25.17 (2012)
   (a) When the inmate has been accepted into the Work Release Program and the appropriate applications and plans have been completed, the County Work Release Administrator shall provide an orientation to the inmate.

(b) The orientation shall ensure that the inmate is made aware of and has a clear understanding of the rules, regulations and conditions governing the Work Release Program.

(c) The County Work Release Administrator or designee shall also ensure that the employer is made aware of the rules and regulations and of the employer's responsibilities concerning the Work Release Program.

(d) The County Work Release Administrator shall make periodic evaluations of the extent of family needs and of job and vocational training sites to ensure that the rules and regulations governing the Work Release Program are not being violated.

 
HISTORY:

Amended by R.2000 d.332, effective August 7, 2000.

See: 32 New Jersey Register 1894(a), 32 New Jersey Register 2945(a).

NJAC 10A:31-25.16 Custody status

NJAC 10A:31-25.16 Custody status
TITLE 10A. CORRECTIONS  
CHAPTER 31. ADULT COUNTY CORRECTIONAL FACILITIES  
SUBCHAPTER 25. WORK AND VOCATIONAL TRAINING RELEASE PROGRAM
N.J.A.C. 10A:31-25.16 (2012)
   Inmates approved for outside employment, family care or vocational training under a Work Release Program shall be classified as minimum custody and housed separately from other inmates serving terms in ordinary confinement, if possible.

NJAC 10A:31-25.14 Family Need Release Plan

NJAC 10A:31-25.14 Family Need Release Plan
TITLE 10A. CORRECTIONS  
CHAPTER 31. ADULT COUNTY CORRECTIONAL FACILITIES  SUBCHAPTER 25. WORK AND VOCATIONAL TRAINING RELEASE PROGRAM
N.J.A.C. 10A:31-25.14 (2012)

   (a) A detailed Family Need Release Plan (Form CWR-6 Family Need Release Plan) shall be prepared by the County Work Release Administrator with a copy to the inmate outlining the following:

1. The nature of need;

2. The location of where family need is to be served;

3. The dates and times of leaving and returning to the adult county correctional facility;

4. The times of arrival and departure from the family need site;

5. The mode of transportation; and

6. Other pertinent data including responsibility for paying costs, such as transportation, meals, etc.

 
HISTORY:

Amended by R.2000 d.332, effective August 7, 2000.

See: 32 New Jersey Register 1894(a), 32 New Jersey Register 2945(a).

NJAC 10A:31-25.12 Statement of disbursements

NJAC 10A:31-25.12 Statement of disbursements
TITLE 10A. CORRECTIONS  
CHAPTER 31. ADULT COUNTY CORRECTIONAL FACILITIES  
SUBCHAPTER 25. WORK AND VOCATIONAL TRAINING RELEASE PROGRAM
N.J.A.C. 10A:31-25.12 (2012)  
   (a) An inmate participating in the Work Release Program shall receive a statement on Form CWR-4, Statement of Disbursements, itemizing deductions made from each pay check within two weeks of the county's receipt of the paycheck.

(b) The statement shall report all income and expenses and accurately reflect the statement of the inmate's account for the period covered.

 
HISTORY:

Amended by R.2000 d.332, effective August 7, 2000.

See: 32 New Jersey Register 1894(a), 32 New Jersey Register 2945(a).

NJAC 10A:31-25.11 Disbursement of wages

NJAC 10A:31-25.11 Disbursement of wages 
TITLE 10A. CORRECTIONS  
CHAPTER 31. ADULT COUNTY CORRECTIONAL FACILITIES  
SUBCHAPTER 25. WORK AND VOCATIONAL TRAINING RELEASE PROGRAM
N.J.A.C. 10A:31-25.11 (2012) NJAC 10A:31-25.11 Disbursement of wages 

   (a) An inmate participating in the Work Release Program shall submit his or her salary, wages or stipend, in the form that it is paid (cash or check), to the County Work Release Administrator who shall, in accordance with N.J.S.A. 30:4-91.4 and applicable provisions of related State statutes, make payments from these earnings for:

1. Money advances made to purchase or redeem work clothes, travel clothes and/or work tools;

2. The cost of work transportation and cash advanced for miscellaneous daily expenses while outside the adult county correctional facility;

3. Payment of cost for board which shall be charged for each day that the inmate is participating in the Work Release Program;

4. Court costs and fines;

5. Medical and dental fees;

6. Prescription or nonprescription drugs or medicine fees;

7. Legally ascertained support of dependents after written notice to the appropriate welfare board; and/or

8. Payment on debts and legal obligations acknowledged by the inmate in writing and filed with the County Work Release Administrator on such forms as the Administrator shall specify.

(b) Every effort shall be made to secure full payment of advances as soon as possible. Except in the most unusual situations, full repayment shall be obtained no later than the second full pay.

(c) Any balance of earnings remaining after payment of items in (a) above shall be retained as required by N.J.S.A. 30:8-49(4), and paid to the inmate when he or she is discharged.

(d) Staff from each county shall develop a written system whereby each inmate participating in the Work Release Program shall pay a fair percentage of his or her earnings for board. The daily per capita rate for the payment of board shall not include any part of the costs arising from the administration of the Work Release Program.

 
HISTORY:

Amended by R.2000 d.332, effective August 7, 2000.

See: 32 N.J.R. 1894(a), 32 N.J.R. 2945(a).

In (a), inserted N.J.S.A. reference in the introductory paragraph, inserted 5 and 6, and recodified former 5 and 6 as 7 and 8.

Amended by R.2006 d.59, effective February 6, 2006.

See: 37 N.J.R. 3201(a), 38 N.J.R. 995(a).

NJAC 10A:31-25.10 Work Release Plan

NJAC  10A:31-25.10 Work Release Plan
TITLE 10A. CORRECTIONS  
CHAPTER 31. ADULT COUNTY CORRECTIONAL FACILITIES  
SUBCHAPTER 25. WORK AND VOCATIONAL TRAINING RELEASE PROGRAM
N.J.A.C. 10A:31-25.10 (2012)
   (a) The County Work Release Administrator and the inmate shall prepare a detailed Work Release Plan (Form CWR-3 Approved Work Release Plan). The plan shall include information concerning the job, transportation and a statement authorizing the County Work Release Administrator to make disbursements from earnings.

(b) The information concerning the job placement shall include, but is not limited to:

1. The name of employer;

2. The address of employer;

3. The telephone number of employer;

4. The location of work site;

5. The hourly or other rate of pay;

6. Work days and hours;

7. A plan for overtime or shift work, if necessary; and

8. An evaluation of the job offer by the County Work Release Administrator.

(c) Each Work Release Plan shall contain a written detailed Transportation Plan. The Transportation Plan shall include, but is not limited to:

1. The dates and times of leaving and returning to the adult county correctional facility;

2. The times of arrival and departure from the job;

3. The method of transportation (for example, facility vehicle, public, private conveyance);

4. The daily cost of transportation;

5. The routes of travel; and

6. A procedure to be used when there are unexpected changes in travel arrangements, such as extended work conditions, delays caused by breakdowns, etc.

(d) If the Transportation Plan calls for the use of a private conveyance as the method of transportation, the County Work Release Administrator should ensure that the appropriate licensing, vehicle registration and insurance coverage are provided. Copies of these documents shall be contained in the inmate's file.

(e) The Transportation Plan should be flexible so as to allow for normal problems anticipated in daily travel. Generally, travel time to and from a job should not exceed one hour each way.

(f) The final section of the Work Release Plan shall include information on the disbursement of wages.

(g) When the Work Release Plan is completed and reviewed by the County Work Release Administrator, the inmate shall be asked to read and indicate his or her acceptance of the provisions of the Work Release Plan by signing it.

(h) The employer shall receive a copy of the approved Work Release Plan by certified mail, return receipt requested, along with a copy of the court's order placing the inmate in outside employment. The inmate shall also receive a copy of the Work Release Plan.

 
HISTORY:

Amended by R.2000 d.332, effective August 7, 2000.

See: 32 New Jersey Register 1894(a), 32 New Jersey Register 2945(a).

NJAC 10A:31-25.9 Notice to inmate

NJAC 10A:31-25.9 Notice to inmate
TITLE 10A. CORRECTIONS  
CHAPTER 31. ADULT COUNTY CORRECTIONAL FACILITIES  
SUBCHAPTER 25. WORK AND VOCATIONAL TRAINING RELEASE PROGRAM
N.J.A.C. 10A:31-25.9 (2012)  

   Form CWR-2 Notification of Admission to Work Release with Specified Conditions shall be used by the County Work Release Administrator to notify the inmate of the court's decision on the inmate's application.

NJAC 10A:31-25.8 Job site evaluation

NJAC 10A:31-25.8 Job site evaluation
TITLE 10A. CORRECTIONS  
CHAPTER 31. ADULT COUNTY CORRECTIONAL FACILITIES  
SUBCHAPTER 25. WORK AND VOCATIONAL TRAINING RELEASE PROGRAM
N.J.A.C. 10A:31-25.8 (2012)
   (a) The County Work Release Administrator shall be responsible for evaluating all prospective places of employment of inmates in accordance with N.J.S.A. 30:4-91.3 et seq.

(b) Whenever possible, work release employment shall be related to prior vocational training, work experience and/or the institutional training of the inmate.

(c) The following shall initially be taken into account when evaluating the job site:

1. Working conditions of employees;

2. Potential hazards to health of employees;

3. Credibility of the employer;

4. Verification of a fair rate of pay, not less than minimum wage;

5. Coverage of an appropriate workers' compensation plan;

6. Availability of transportation;

7. Duration of the offered employment and benefits; and

8. Proximity to the adult county correctional facility.

(d) Inmates shall not be placed in Work Release Program assignments which will result in the displacement of workers employed in the community.

(e) Representatives of local union central bodies or similar labor union organizations shall be consulted about the placement of inmates with an employer, when appropriate.

(f) If suitable private outside employment cannot be found for an inmate, the inmate may be employed by the county at a fair wage and reasonable hours of work.

 
HISTORY:

Amended by R.2000 d.332, effective August 7, 2000.

See: 32 New Jersey Register 1894(a), 32 New Jersey Register 2945(a).

NJAC 10A:31-25.7 Application for admission to the Work Release Program

NJAC 10A:31-25.7 Application for admission to the Work Release Program
TITLE 10A. CORRECTIONS  
CHAPTER 31. ADULT COUNTY CORRECTIONAL FACILITIES  
SUBCHAPTER 25. WORK AND VOCATIONAL TRAINING RELEASE PROGRAM
N.J.A.C. 10A:31-25.7 (2012)
   (a) The County Work Release Administrator designated by the governing body of the county or the County Board of Freeholders in accordance with N.J.S.A. 30:8-44 shall be responsible for advising county sentenced inmates that an application may be submitted to the County Work Release Administrator, who shall submit the application to the court for approval or disapproval to participate in the Work Release Program for purposes of employment, vocational training or to care for the offender's family. At any time, a work release order may be revoked by the court that granted the order.

(b) An inmate sentenced by the court to an adult county correctional facility, who desires an opportunity to participate in the Work Release Program by being released to the community for employment, vocational training or meeting family needs shall be required to complete and submit Form CWR-1 Application and Agreement for Assignment Under the Work Release Program to the County Work Release Administrator for submission to the court.

(c) The County Work Release Administrator shall review and evaluate the information collected on each application and make a recommendation to the court concerning admission to the Work Release Program. The basic information shall include, but is not limited to:

1. Prior criminal history;

2. Detailed information concerning present offense;

3. Detailed information regarding untried criminal charges pending and the current status of these charges;

4. Psychological and psychiatric evaluations, when available;

5. Record of violent or assaultive conduct;

6. Record of violation of financial or public trust;

7. Data on family relationships including responsibility to assist in family maintenance;

8. Work history;

9. Personal health;

10. Record of substance abuse; and

11. Information on job opportunities or vocational programs to meet the inmate's needs.

(d) The following facts and circumstances shall be viewed as negative factors when considering an inmate's application for the Work Release Program:

1. A record of association with organized crime;

2. A record of serious emotional or personality disorders;

3. A record of violent or assaultive behavior;

4. Previous violations of financial or public trust;

5. A high degree of public notoriety which would cause adverse reaction if the inmate were released to the community;

6. Indications that release to the community would be contrary to punitive intention of sentence; and

7. A history which indicates a record of convictions for offenses related to controlled dangerous substances (CDS).

 
HISTORY:

Amended by R.2000 d.332, effective August 7, 2000.

See: 32 New Jersey Register 1894(a), 32 New Jersey Register 2945(a).

Amended by R.2006 d.59, effective February 6, 2006.

See: 37 N.J.R. 3201(a), 38 N.J.R. 995(a).

NJAC 10A:31-25.6 Inmates ineligible for Work Release Program

NJAC 10A:31-25.6 Inmates ineligible for Work Release Program TITLE 10A. CORRECTIONS  
CHAPTER 31. ADULT COUNTY CORRECTIONAL FACILITIES  
SUBCHAPTER 25. WORK AND VOCATIONAL TRAINING RELEASE PROGRAM
N.J.A.C. 10A:31-25.6 (2012)    (a) The following shall make an inmate ineligible for participation in the Work Release Program:

1. Untried detainers for criminal offenses or immigration detainers;

2. Current convictions involving arson offenses;

3. Previous convictions for arson offenses, even if the current conviction is for an offense(s) other than arson; and/or

4. The applicable provisions of related statutes of the State of New Jersey, such as, but not limited to, Michael's Law at N.J.S.A. 39:4-51.

(b) Pursuant to N.J.S.A. 30:8-44.1, no person confined to an adult county correctional facility shall be eligible to participate in any work release or vocational training release program if he or she has been convicted of any of the following:

1. Any crime involving a sexual offense or child molestation as set forth in N.J.S.A. 2C:14-1 et seq.;

2. Any crime endangering the welfare of children or incompetents which concerns sexual conduct which would impair or debauch the morals of the child or an incompetent, as set forth in N.J.S.A. 2C:24-4 and N.J.S.A. 2C:24-7;

3. Any crime involving the manufacture, transportation, sale or possession, with the intent to sell or distribute, of a "controlled dangerous substance" or a "controlled dangerous substance analog," as defined in the "Comprehensive Drug Reform Act of 1986," P.L. 1987, c.106 (C.2C:35-1 et al.); or

4. Any crime involving the use of force or the threat of force upon a person or property including: armed robbery, aggravated assault, kidnapping, arson, manslaughter and murder.

 
HISTORY:

Amended by R.1995 d.421, effective August 7, 1995.

See: 27 New Jersey Register 1728(a), 27 New Jersey Register 2928(a).

Amended by R.2000 d.332, effective August 7, 2000.

See: 32 New Jersey Register 1894(a), 32 New Jersey Register 2945(a).

In (b), substituted a reference to adult county correctional facilities for a reference to county correctional facilities.

Amended by R.2006 d.59, effective February 6, 2006.

See: 37 N.J.R. 3201(a), 38 N.J.R. 995(a).

NJAC 10A:31-25.5 Placement in a Work Release Program

NJAC 10A:31-25.5 Placement in a Work Release Program

TITLE 10A. CORRECTIONS  
CHAPTER 31. ADULT COUNTY CORRECTIONAL FACILITIES  
SUBCHAPTER 25. WORK AND VOCATIONAL TRAINING RELEASE PROGRAM
N.J.A.C. 10A:31-25.5 (2012)    A person convicted and sentenced to an adult county correctional facility may be placed in a Work Release Program by order of the court in which such person was convicted, or by the assignment judge of the county in which the sentence was imposed at the time such person is sentenced or at any time thereafter during the term of the sentence.

NJAC 10A:31-25.4 Responsibility for designating County Work Release Administrator

NJAC 10A:31-25.4 Responsibility for designating County Work Release Administrator

TITLE 10A. CORRECTIONS  
CHAPTER 31. ADULT COUNTY CORRECTIONAL FACILITIES  
SUBCHAPTER 25. WORK AND VOCATIONAL TRAINING RELEASE PROGRAM
N.J.A.C. 10A:31-25.4 (2012)
   (a) Upon adoption of a resolution to implement a Work Release Program, the governing body of the county or the County Board of Freeholders shall designate a County Work Release Administrator who may be the Sheriff, adult county correctional facility Administrator or other persons who shall be responsible for administering the Work Release Program.

(b) The governing body or Board of Freeholders shall promptly notify the Commissioner of the Department of Corrections of the action and name of the designated County Work Release Administrator.

NJAC 10A:31-25.3 Benefit to inmates

N.J.A.C. 10A:31-25.3 (2012)
§ 10A:31-25.3 Benefit to inmates

   (a) Participation in the Work Release Program provides the following benefits to inmates:

1. Provides inmates the opportunity to participate in full time normal employment or vocational training in the community;

2. Permits inmates the opportunity to develop or strengthen good work habits and skills;

3. Affords inmates opportunities to continue or strengthen constructive ties with family, friends and the community;

4. Permits the pre-release preparation of inmates and the opportunity to evaluate the readiness of these inmates for release to the community;

5. Permits disbursements to be made from inmate earnings to help defray the cost of incarceration, support dependents, reduce debts and pay court fines;

6. Enables inmates to accumulate savings to help meet financial needs or burdens after release from confinement;

7. Provides inmates the opportunity to meet family needs; and

8. Provides inmates the opportunity to earn credits which will reduce the time to be served on the inmate's sentence.

NJAC 10A:31-25.2 Role of New Jersey Department of Corrections

NJAC 10A:31-25.2 Role of New Jersey Department of Corrections

   The New Jersey Department of Corrections may make staff available for maintaining general supervision over County Work Release Programs.