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Vazquez v. New Jersey Department of Corrections

February 14, 2002

JUDITH VAZQUEZ, APPELLANT,
v.
NEW JERSEY DEPARTMENT OF CORRECTIONS, RESPONDENT.



Before Judges Skillman, Wallace, Jr. and Wells.

The opinion of the court was delivered by: Skillman, P.J.A.D.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted November 27, 2001

On appeal from Department of Corrections.

This is an appeal from a prison administrator's denial of an inmate's request for permission to marry a non-inmate.

The respondent Department of Corrections has adopted regulations under which an inmate must obtain permission to get married from the administrator of the prison in which the inmate is incarcerated. N.J.A.C. 10A:17-7.1(a). The regulations require an inmate to request such permission at least ninety days before the proposed wedding date. Ibid. The regulations further provide that any request by an inmate for permission to marry shall be referred to a marriage committee, composed of a chaplain, the social work supervisor, a correctional staff officer with the rank of Lieutenant or above and such other staff as the superintendent may designate. N.J.A.C. 10A:17-7.2.

The standards for approval of a request for permission to marry are set forth in N.J.A.C. 10A:17-7.3(c), which provides:

An inmate's request to marry may be considered for approval if:

1. The inmate has made a satisfactory correctional facility adjustment;

2. The inmate's marriage would not present a risk to security or the orderly operation of the correctional facility;

3. The inmate's intended spouse is not presently incarcerated; and

4. The inmate is able to comply with all of the requirements of the State laws governing marriage.

In addition, N.J.A.C. 10A:17-7.3(d) ...


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