Work Release Regulations NJ & Middlesex County
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§ 10A:31-25.1 Authority
N.J.S.A. 30:8-44 authorizes the operation of a county Work Release Program for inmates to participate in employment, a vocational training course, or to care for the offender's family in the counties in which the governing body or Board of Freeholders has approved the establishment of this type of program(s). | ||||
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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. | ||||
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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.
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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).
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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.
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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. | ||||
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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. | ||||
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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.
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