LUIS BELTRAN, JR. VS. NEW JERSEY DEPARTMENT OF CORRECTIONS (NEW JERSEY DEPARTMENT OF CORRECTIONS) ( 2017 )

NOT FOR PUBLICATION WITHOUT THE
APPROVAL OF THE APPELLATE DIVISION
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Although it is posted on the internet, this opinion is binding only on the
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SUPERIOR COURT OF NEW JERSEY
APPELLATE DIVISION
DOCKET NO. A-2867-14T4
LUIS BELTRAN, JR.,
Appellant,
v.
NEW JERSEY DEPARTMENT
OF CORRECTIONS,
Respondent.
__________________________________
Submitted October 3, 2017 – Decided October 26, 2017
Before Judges Carroll and Mawla.
On appeal from the New Jersey Department of
Corrections.
Luis Beltran, Jr., appellant pro se.
Christopher S. Porrino, Attorney General,
attorney for respondent (Lisa A. Puglisi,
Assistant Attorney General, of counsel; Adam
R. Gibbons, Deputy Attorney General, on the
brief).
PER CURIAM
Appellant Luis Beltran is serving a life sentence in New
Jersey State Prison in Trenton. He appeals from a January 23,
2015 final decision by the New Jersey Department of Corrections
(NJDOC) denying his request to have his girlfriend's minor children
visit him in prison. We affirm.
Beltran asserts the NJDOC let his girlfriend's children
accompany her on visits in the past, but suddenly changed its
policy and ceased permitting the children to attend. Beltran
filed an inmate grievance challenging the denial of the visits.
The NJDOC denied the grievance because the children were unrelated
to Beltran.
On appeal, Beltran argues the NJDOC's decision was arbitrary
and capricious. He also asserts the decision impinges on his
constitutional right to visitation. Beltran argues the decision
is inconsistent with N.J.A.C. 10A:18-6.3, which governs inmate
visitation by relatives, close friends, clergy and "persons who
may have a constructive influence on the inmate."
We begin by reciting our standard of review. "In light of
the executive function of administrative agencies, judicial
capacity to review administrative actions is severely limited."
George Harms Constr. Co. v. N.J. Tpk. Auth., 137 N.J. 8, 27 (1994).
The "final determination of an administrative agency . . . is
entitled to substantial deference." In re Eastwick Coll. LPN-to
RN Bridge Program, 225 N.J. 533, 541 (2016).
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An appellate court will not reverse an
agency's final decision unless the decision
is "arbitrary, capricious, or unreasonable,"
the determination "violate[s] express or
implied legislative policies," the agency's
action offends the United States Constitution
or the State Constitution, or "the findings
on which [the decision] was based were not
supported by substantial, credible evidence in
the record."
[Ibid. (quoting Univ. Cottage Club of
Princeton N.J. Corp. v. N.J. Dep't of Envtl.
Prot., 191 N.J. 38, 48 (2007)).]
Beltran argues he has a constitutional right to have visits
from his girlfriend's minor children. We have, however, previously
stated visitation is a privilege and not a constitutional right.
See Jackson v. Dep't of Corr., 335 N.J. Super. 227, 235 (App. Div.
2000), certif. denied, 167 N.J. 630 (2001). Therefore, we reject
Beltran's constitutional challenge to the NJDOC's determination.
We next address Beltran's argument that children unrelated
to him may visit. N.J.A.C. 10A:18-6.3(a) vests the prison
administrator with the authority to approve potential visitors.
The regulation provides as follows:
(a) The correctional facility Administrator or
designee may approve the following persons to
visit an inmate:
1. Relatives (see N.J.A.C. 10A:1-2.2).
For the purposes of this subchapter,
"relative" shall also include
grandparents, cousins and aunts and
uncles;
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2. Close friends;
3. Clergy; and
4. Persons who may have a constructive
influence on the inmate.
N.J.A.C. 10A:1-2.2 defines a relative as a parent, legal guardian,
partner in a civil union couple, spouse domestic partner, child
or sibling.
Beltran points to N.J.A.C. 10A:18-6.8, the regulation
entitled "Visits from children," which states: "(a) Children under
the age of 18 shall not be permitted to visit unless accompanied
by an adult family member of the child defined as a 'relative.'
(see N.J.A.C. 10A:18-6.3)." Thus, Beltran argues as long as a
child is accompanied by the child's adult family member, the child,
related to the inmate or not, may visit the inmate. We disagree.
N.J.A.C. 10A:18-6.8 clearly states that a child visiting an
inmate may only do so if accompanying a relative as defined by
N.J.A.C. 10A:18-6.3(a)(1). Beltran's girlfriend is not a
relative, but instead a close friend. Her children do not qualify
as Beltran's relatives. For these reasons, the NJDOC's decision
to deny visitation by Beltran's girlfriend's children was neither
arbitrary nor capricious.
Affirmed.
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