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Boone v. New Jersey Department of Corrections

Superior Court of New Jersey, Appellate Division

August 2, 2013

ANTHONY BOONE, Appellant,
v.
NEW JERSEY DEPARTMENT OF CORRECTIONS, Respondent.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted July 9, 2013

On appeal from the New Jersey Department of Corrections.

Anthony Boone, appellant pro se.

John J. Hoffman, Acting Attorney General, attorney for respondent (Melissa H. Raksa, Assistant Attorney General, of counsel; Justin L. Conforti, Deputy Attorney General, on the brief).

Before Judges Ashrafi and St. John.

PER CURIAM

Inmate Anthony Boone appeals from an administrative decision of the Department of Corrections (DOC) which requires that inmates list all of their visitors on a visit list, including minors. We affirm.

We briefly summarize the relevant procedural history and the facts based on the record before us.

Boone is currently incarcerated at Northern State Prison (NSP) serving a life sentence for murder and other charges and was previously an inmate at East Jersey State Prison (EJSP). On September 26, 2010, Boone claims that his family visited him at EJSP and they were required to give the names and dates of birth of two minor children in order that they be added to his visitor list. On September 28, 2010, Boone filed an inmate remedy form claiming that the requirement to list all visitors, including minors, was a violation of his family's constitutional rights. On November 30, 2010, an EJSP prison administrator clarified that all visitors must be placed on a visit list, including minors.

N.J.A.C. 10A:18-6.2 provides

(a) Upon admission, inmates are responsible for submitting a list of names and addresses of their potential visitors to the Administrator or designee.
(b) Inmates are responsible for submitting any subsequent revisions to their list of visitors in accordance with internal management procedures of the correctional facility.

A prison policy of EJSP dated March 2, 2009, provides that all visitors must appear on the visit card of the inmate they are visiting; children under eighteen must be accompanied by an adult; and the inmate may include on his visit list members ...


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