New Jersey § 30:4-82

§ 30:4-82.

In accordance with the “Administrative Procedure Act,” P.L.1968, c. 410 ( C.52:14B-1 et seq. ), the commissioner shall promulgate regulations to effectuate the provisions of this

act. The regulations shall include but not be limited to: a. establishing less restrictive interventions to isolated confinement, including

separation from other inmates; transfer to other correctional facilities; and any

non-isolated confinement sanction authorized by Department of Corrections regulations;

restrictions on religious, mail, and telephone privileges, visit contacts, or outdoor

and recreation access shall only be imposed as is necessary for the safety of the

inmate or others, but shall not restrict access to food, basic necessities, or legal

access; b. requiring training of disciplinary staff and all staff working with inmates in

isolated confinement and requiring that this training include: (1) assistance from appropriate professionals to periodically train all staff working

with inmates in isolated confinement; (2) standards for isolated confinement, including that it shall be limited to when

an inmate commits an offense involving violence, escapes or attempts to escape, or

poses a threat to institutional safety; that the maximum penalties for each offense

shall be based on the seriousness of the offense; and available less restrictive

interventions; and (3) the identification of developmental disabilities, and the symptoms of mental illness,

including trauma disorders, and methods of safe responses to people in distress; c. requiring documentation of all decisions, procedures, and reviews of inmates placed

in isolated confinement; d. requiring monitoring of compliance with all rules governing cells, units, and other

places where inmates are placed in isolated confinement; e. requiring posting on the official website of the Department of Corrections of quarterly

reports on the use of isolated confinement, without revealing any personal identifying

information, by age, sex, gender identity, ethnicity, incidence of mental illness,

and type of confinement status, at each facility, including a county correctional

facility; these reports shall include the population on the last day of each quarter

and a non-duplicative cumulative count of people exposed to isolated confinement for

each fiscal year. These inmate reports also shall include the incidence of emergency confinement,

self-harm, suicide, and assault in any isolated confinement unit. These reports shall not include personally identifiable information regarding any

inmate; and f. modifying the New Jersey Administrative Code for consistency with the provisions

of this act and to require appropriate alternative placements for vulnerable populations

in county correctional facilities.