10A:31-25.5 Placement in a Work Release Program 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.
10A:31-25.6 Inmates ineligible for Work Release
Program participation
(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.
10A:31-25.7 Application for admission to the Work
Release Program
(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).
10A:31-25.8 Job site evaluation
(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.
10A:31-25.9 Notice to inmate
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.
10A:31-25.10 Work Release Plan
(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.
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) 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.
10A:31-25.12 Statement of disbursements
(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.
10A:31-25.13 Vocational Training Release Plan
(a) If the inmate applies and is approved for a
vocational training release program, a detailed Vocational Training Release
Plan (Form CWR--5 Vocational Training Release Plan) shall be prepared by the
County Work Release Administrator. A copy of the Vocational Training Release
Plan shall be sent to the inmate and a copy shall be sent to the training
agency by certified mail, return receipt requested. The plan shall include the
following:
1. The name and address of the training agency;
2. The location where training will take place;
3. The dates and times of leaving and returning to
the adult county correctional facility;
4. The times of arrival and departure from the
training site;
5. The mode of transportation; and
6. Other pertinent data including responsibility
for payment of costs, such as transportation, meals, etc.
10A:31-25.14 Family Need Release Plan
(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.
10A:31-25.15 Notification to local municipal police
departments and/or law enforcement agencies
(a) N.J.S.A. 30:4-91.3 requires that the local
municipal police departments be notified by the adult county correctional
facility Administrator or designee when the county intends to place an inmate
in the respective municipality for the purpose of a visit, study, work or
residence.
(b) The local municipal police departments and/or
the law enforcement agency responsible for that jurisdiction shall be notified
in writing whenever an inmate is being considered for placement into the work
release, vocational training release or family care release phase of the Work
Release Program.
10A:31-25.16 Custody status
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.
10A:31-25.17 Orientation
(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.
10A:31-25.18 Review of status and termination
(a) The County Work Release Administrator may hold
the inmate in confinement pending judicial review of the inmate's status, when
there is cause to believe that the inmate has:
1. Violated the rules of the Work Release Program;
or
2. Been charged with the commission of an offense.
(b) The County Work Release Administrator shall
submit a written report to the court which will include the reason(s) for
holding the inmate in confinement and a request that the court review the
inmate's status in the Program.
(c) The County Work Release Administrator shall
implement the court's decision.
(d) No inmate may be removed from the Work Release
Program without an order from the court authorizing such a removal.
10A:31-25.19 Escape
(a) An inmate shall be deemed an escapee if the
inmate:
1. Fails to return to the adult county correctional
facility within the prescribed time or has not notified the facility within the
one hour grace period that he or she is in the process of returning; or
2. Fails to notify the facility that he or she has
been detained (that is, hospitalized, arrested, etc.); or
3. Fails to obtain authorization to leave his or
her place of employment.
(b) If the inmate contacts the facility within the
one hour grace period and is given a reasonable time limit within which to
return to the facility but fails to do so, the inmate shall be declared an
escapee if there are no extenuating circumstances or verified legitimate
reasons for the inmate's failure to return within the time limit.
(c) In all cases of escape, the County Work Release
Administrator shall arrange for immediate notice to the:
1. Adult county correctional facility
Administrator;
2. Local police departments (and/or the law
enforcement agencies responsible) in the municipality of the adult county
correctional facility and in the municipality of the release site;
3. State police; and
4. Court that authorized the work release
participation.
10A:31-25.20 Quarterly report
(a) The County Work Release Administrator shall be
responsible for preparing a quarterly report (Form CWR-9 Quarterly Report of
Work Release) which shall be submitted to the County Board of Freeholders and
the New Jersey Department of Corrections.
(b) The quarterly report shall contain a general
summary of Work Release Program information, which includes, but is not limited
to:
1. The total number of participants in the Program;
2. The total number of admissions to the Program;
3. The total number of terminations from the Program;
4. The total number of revocations for violations
of conditions; and
5. The total number of removals because of illness
or death.
(c) The quarterly report shall also contain other
statistical information on the Work Release Program and facts as may be
requested by the governing body of the county or the County Board of
Freeholders and the New Jersey Department of Corrections.
10A:31-25.21 Arrangements with other counties
(a) An inmate may be housed in another adult county
correctional facility for the purposes of work release when the court, issuing
the release placement order, authorizes the County Work Release Administrator
to arrange with the County Work Release Administrator of another county for the
employment of an inmate within that county.
(b) The inmate shall be in the custody of the other
county and subject to the commitment and all applicable regulations while the
inmate is participating in the Work Release Program.
(c) Agreements between cooperating counties shall
include a statement of financial arrangements.
10A:31-25.22 Time credits
(a) Pursuant to N.J.S.A. 30:8-50, an inmate
participant may be granted a reduction of not more than one-quarter of his or
her term if the inmate's conduct, diligence and general attitude merit such
reduction (see N.J.A.C. 10A:31-23.1).
(b) Form CWR-7 Diminution of Term shall be used to notify the
appropriate person in the adult county correctional facility as to the number
of days to be credited in reduction of an inmate's sentence.
