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Aclu-Opra-Prison-Boo ~tate of ~£fu J)£rs£~ DEPARTMENT OF C ORRECTIONS WHTITLESEY R OAD P0Box863 TRENTON NJ 08625-0863 CHRIS CHRISTIE Governor KIM GUADAGNO GARY M. LANIGAN Lt. Governor Commissioner November 29, 2017 Sent via E-mail to: TBorden@aclu-nj .org Tess Borden ACLU-NJ P.O. Box 32159 Newark, NJ 07 I 02 Re: OPRA Request - Tracking # 14780 Dear Ms. Borden: The Department of Corrections has received your Government Records Request. Your request has been assigned Request ID No. 14780 for tracking purposes. You have requested the following records: I. copies of policies regarding bans, limitation or restrictions on publications on publications in DOC facilities; 2. documents identifying the names of books or publications have been banned, limited or restricted in any DOC facility ; and 3. copies of correspondence, reports, memos or other documents regarding The New Jim Crow. In response to item# I of your request, my office can provide the portion of NJ AC I OA Chapter 18 which addresses the topic of your request. My office can also provide the attached policy which generally applies to all NJDOC Facilities. The Prison Level Policies detailing the operations of the mailroom are exempt from disclosure pursuant to NJSA 47: lA-1 .1 "emergency or security information or procedures for any buildings or facility which, if disclosed, would jeopardize security of the building or facility or person therein", NJSA 47: I A-I . I "security measures and surveillance techniques which, if disclosed, would create a risk to the safety of persons [or] property" & NJAC: I OA:22-2.3(a)(9) All internal management procedures or any portion thereof including any portions of those procedures and/or any indexes or lists identifying the procedures related to the following; safety and security measures, inmate movement, staffing, investigative techniques, contraband detection, intelligence gathering techniques, structural or physical plant designs, surveillance techniques, and search techniques. Records for item # 2 are attached. In response to item# 3 of your request, please be advised that the request is invalid and improper pursuant to MAG Entertainment LLC v. Division of Alcohol Beverage Control, 375 N.J. Super. 534 (App. Div. 2005). The Court in MAG stated, "OPRA is not intended as a research tool litigants may use to force government officials to identify and New j ersey Is AJ1 EquElf Opportunity Employer • Printed on Recycled and Recyclable Paper Tess Borden OPRA 14780 November 29, 2017 Page 2 siphon useful information. Under OPRA, agencies are required to disclose only identifiable government records not other wise exempt. In short, OPRA does not countenance open-ended searches of an agency's files." Id. at 549. You have a right to challenge the decision by the Department of Corrections. At your option, you may either institute a proceeding in the Superior Court of New Jersey or file a complaint in writing with the Government Records Council (GRC). You may contact the GRC by toll-free telephone at 866-850-0511 , by mail at P.O. Box 819, Trenton, NJ 08625, by e-mail at [email protected] .us, or at their web site at www.state.nj.us/grc. The Council can also answer other questions about the law. Newjersey Is An Equal Opportunity Employer• Printed on Recycled and Recyclable Paper Denial of Access Appeal Info The New Jersey Open Public Records Act (N.J.S.A. 47:1A-1 et seq .) permits a person who be lieves he or she has been illegally denied access to a public record to fi le a complaint with the Government Records Council (GRC), or file suit in Superior Court to challenge the decision and compel disclosure. This poster describes the procedures for taking these actions. To file a complaint with the Government Records Council: Co ntact the GRC by phone at: 1-866-850-0511, by e-mail at [email protected] .us, or review the GRC web site at www.nj.gov/grc for information and to register your complaint. The GRC staff may be able to help resolve the problem over the phone. If not, you can receive a complaint form through the mail or from the web site. When you file the written complaint, the GRC will offer you and the public agency non­ adversarial, impartial mediation. If mediat ion is not agreed to or fa ils, the GRC will investigate t he complaint. The investigation may result in findings or a formal decision by the GRC, which may include a hearing by t he Council. In some cases, the Council can award attorneys fees or fi ne a records custodian for failing to provide records. Details of this process are available from the GRC. There is no fee to file a complaint with the GRC. To file a complaint in Superior Court: A requester may start a summary (exped ited) lawsuit in the Superior Court. A written co mplaint and order to show cause must be filed with the court. The court requires a $200 filing fee, and you must serve the lawsuit papers on the appropriate public officials. The court will schedule a hearing and resolve the dispute. If you disagree with the court's decision, you may appeal the decision to the Appellate Division of Superior Court. If you are successful, you may be entitled to reasonable attorney fees. You may wish to consult with an attorney to lea rn about initiating and pursuing a summary lawsuit in the Superior Court. http://www.state.nj.us/grc/register/appeal/ Newjersey Is An Equal Opportunity Employer• Pdnted on Recycled a11d Recyclable Paper · MAili;'VISITS;'AND TELEPHONE 10A:18~'4~1 ance.·is·;not: sUfficient:t~ p~y Jhe total. cost· of tiiailing :the legal ··. (d) The com~ctional facility shall ·not £orwarq ~eq ~.r correspondence, the cost of mailing shall be handled in accor- registered mail, but shall reh1m·itto the sender:!o~,. :.-:·i} ·:'·:". :,·.~;.~; 1; .·~g~:;~}!MU:1itrdP1~A~~r,;a~: .. ;· ,;··· ·:·.'~~'h.:::;~.T;i.' :. '.:: <.::.~ · H,·, · ·'; ;(e).-·.Legali,corre~p~µdence '-Shall; ~e foi:ward~<LfQr.-~a. m,~i­ Amended by R.1997 d.4~1.d#;(~c#v~,QCtQber.6;J~9.7~;:1 ...: ·,. ;;i "!r;>:i'.'. ·_1;·· mum iof::three. months· iflom. the ·:date ~of theA.nmate's :releas.e.:· See: ·2~·N.J~R. 2769(a)1 29 NJ.it. 431l(c). · ' Inserted nonindigent references and subst~~tted N.~A.C. refei:eQ.~.~«?r · ~eg~1::c0rres~ondence:received.:thereaft~ ·shall~he::retu1n~d,~to. specific ·handliD.g i.D.!iti'uctions. · ~).'.':1·1:.f:~:·,~.}·}~ ~ · ~J•:"*~ ~ ·~ "" 1'h the sender. ."iN·l{;hxi,~Jt\ ·e·lt:-it.ibf·.:;Hfi 10A:18-3.llm~:.~o:s;warm,llg,}eg~l ·cor~espo~deµ~.e·;~ora~J:: .· :·.\1~·· ·.. ·i; '.u i~{'.~iinln~~e.. rimandec.lto ~(clos·e·:c~tody;itihlt-.Jnn l~~F~~;~f~firltl~i~~~tf f ~~~t·· . <a> When an inmate:is'i.£~~~e"d-'iei·:~ 1Mril1W]iii(~t°''aill~F · materials and .·shall .as~~¢.;~;j4eycd~~(:of !maµj.iig: leMl ~c·q~~ · ~~cwtY.JJ?. ~»'1ll1 .:¢P..J1~ ... tir, ,~~. ..i~A~rnP-Pr~Y.A~~~t .e.4Jp,- .~l·~~t spondence for indigenfiniilates'!~s·:aefuiea mN.:J.A:C;li oA:t- triaffor l t''rioif°bff~ns~·-Of'for;.~ •J.~ oiher.Feasbris ''fe''~i co~·. es~ 2.2.. ·.. f;riria~c~ i~~~~i~~a·~,t;;rtt}{~.·fuiri·~~;· ilflii~'idtri~gti6~~i;!:fJJfil& ' • I e • ~\~\S)·.i)1'0;\ : 1 1 ...... ;:-~.:l.~t~f i{~~)~; l!.J t:ni-.~~~i; u!n~~i~i t;.., ~:/t:rr 1 ~·~.~t~i~~~~ r : ~:,,,~, .. g.t.:1/ • ~~! .. ~ shall be foiwarded to the other facility, upon the lllDlate's (b) .Th¢.: ~~~t of qi.aUi!!g· ~egal._q9n.-espq~den~.shall.~xtend 1 1 1 oW.yttcff'.ii~_·91~s~(s(al;\Ctar~p(jst~g~~;m):1·!~hfill~hot~lµ~iµ~e:: ·:;~j!·;;,\~.';i~f;;,';;;., v;.;;;/,.~;~;;~; ;; ;;~:~;~ ~'.!i1~~;:ttk~~.,:'. ~n' ~~~~'.~~:~~1~~~i~1!~~~;~i~1T£~~~r~r~1~g1i..• •• .. ·- -"' ': ••••~:.' ...p; .. :.o .:, - .J ... µ,-.;, ... "I'~" ~-~· .• ~.,s,.,.~.{..,.;•) •• "'"' .... ,\ .... ·-..l: ...~ ... "''·"·· •• •·.. ··~'· ;,., .. '!' ...~·~t:.t•.. •••• 'r' •• · ·~"::~:~~i~il~?:~~:::,,;~·}:,:;:ir'~{:;~';·(:; .. :'~,::':?' · _corr~sp~ndence when the inmate .i~,:;fp~~e~~t9.r~1~J8~.~'.i~¥i~·~· 3. Prefe(ential mail; or .· . tody llD.lt. These ptoce~ures shall ~elude a form that the ~- mate shall sign ·.before the·iimnateis :.traiisferred .toJthet~other. :~_://_~~:l~X¥~$~~~~i~~~;~:;:;~~;~~;;.j'.}~:~·-:~·: .. :.~:!~~~1~·,.:~.·;.:.... r.::/;; ;~·:::!::.: ·'L;._, facili indicatina whethelditfuni~\t \.mheHhe1 :fe" ai ~oft~ · .Amended by1tl9.Q7 '.d.:43.1~'.effe.ctiVe:Ociober .6; 19.9Jj;):; ; .! .: :;(:-1 ·.. t) -:.·•.' ·.. sponrence .rorwc:;d~lt '~· ·~ .. i·~~:.:t::.·::;·~~~T:·~;~; ·:r, :~ .:':::.ir~~~i·~;.1~i~~~:~:;~:;:~~:: See: 29N.J.R2769(a),·2~,N;J:.R..43j.J(c).: ·: ;i.:-.;!~\ .... ,.:.·t··;;,,.$ ;:; ,.... Jn (a),· sub.stituted. N'J.f{:t: .. ~efefence'"fo~ 'specifi~·'haiidiirijf illshiic~· Amended by R.2008 d.141, effective June 2, 2008 • tions; in (b), inserted~i;e:ferenc~.:tQ,~$tandard postage;.,and deleted (c), S~e: ·39 N.J.R.. 5043(a), 40 ~UR. 3309(a). relating to stattis as'.irii:iigefu'up9n.recei\iiilgjolf off~~. 'ai facilitr; '.;~::::·. :·.: .. ·. In (b ), substi1;ute.d:;~~.~~gnated !~taff at'~ for i~~WtittAA·proc;edur~:shilll Amended by R,2002 d.407, effeciive'f>ecfomber 16;·~.o,bi: :~. ·,' .;\;.;,'· ..-.. .-;: :. be developed by'' ·and ''that"·for "which", and inserted "shall develop See: 34 N.J.R 3050(a), 34 NJ.R. 4444(b). :'.:·/.":: ...... ;:· .. , ~- ... ·: ... ,:: · writtenP.rocedures!',;J! iind: ::;f._;~i/.?;i,.:·::;; :.:.;.·;:,fr":,· .. n ~:.·:-~~·.nfr; , ;> Amended.byR.20i7 d.007,.effectiveJanilary .. 3,.2017 ... -.i.·· .), .... · .. ;" . ...J' ,i\ . · In (b)~ inserted,i;:;ew 3 .an4;1'.~Cp~i.ti,eci.fQQ.ller 3 as ~i/;,_:- v ... ·! ~·•. 'i..". :~ ·.· ·-· -. ·" . .. .... :.!;~-;.;,~i,J:,./:.~:~-~ ·. >·!.:.::' ~ ~-:.:;;·::.;: ·. :· .;,i. :.' .:·;"~::. ....... : 10A: 18-3.9 . 'F..P;rwar.@ig ~Iegat~Qrr,~sp~~d~ii~cJo in-· ~~;=~M~~~'~1S~l~~~~~l~t}S~~~~~J.H~~~~<~t~~~-~ ~:1i~i~~::.:~~ an mantled :ul 'a· detentioii'"facility'~: :1n (bX',substituted "cIOse eustody unit" mate transferred to another correctional fa- for "detention facility".
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