reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 4 - INMATE DISCIPLINE › Subchapter 12 - ZERO TOLERANCE POLICIES OF THE DEPARTMENT OF CORRECTIONS › Section 10A:4-12.3 - Zero tolerance disciplinary sanctions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Disciplinary sanctions related to a prohibited act identified in a zero tolerance policy are set forth at 10A:4-5.1.
(b) An inmate who has been found guilty of a second or subsequent zero tolerance offense shall be subject to consecutively imposed disciplinary sanctions.
(c) The reinstatement of contact visit privileges that were terminated due to a finding of guilt to a prohibited act identified in a zero tolerance policy will be considered after 365 calendar days from the date the sanction was imposed. The inmate shall be responsible for submitting a request to the Administrator or designee for reinstatement consideration. If a request is not produced by the inmate, no reinstatement consideration shall be extended.
(d) Disciplinary sanctions involving assignment to medium custody status or above shall require the application of the appropriate override code (see 10A:9-2.1 2), and any specific information concerning the reason for the use of an override shall be documented and maintained in the inmate record.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 5 - CLOSE CUSTODY UNITS › Subchapter 1 - GENERAL PROVISIONS › Section 10A:5-1.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of this chapter is to establish rules for close custody units, including the PreHearing Disciplinary Housing Unit (P.H.D.H), Management Control Unit (M.C.U.), Restorative Housing Unit (R.H.U.), Adjustment Unit (A.U.), Protective Custody Unit (P.C.), Emergency Confinement ( E.C.), Investigative Housing Unit (I.H.U.), and Temporary Administrative Housing Unit (T.A.H.).
(b) Inmates housed in the M.C.U., R.H.U., P.C., or T.A.H. will not be confined in a cell or similarly confined holding or living space for approximately 20 hours or more per day with severely restricted activity, movement, or interaction.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 5 - CLOSE CUSTODY UNITS › Subchapter 1 - GENERAL PROVISIONS › Section 10A:5-1.3 - Rules common to all close custody units

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Special custodial responsibilities are as follows:
1. Due to the increased need for close security within the close custody units, the frequency and intensity of certain custodial functions shall be increased. Thorough cell searches may be conducted as often as once a week, if found necessary for certain inmates, or as often as twice a month for all close custody units. Spot-checks of cells may be conducted at any time.
2. Precautions shall be taken to ensure that the inmates in the M.C.U. are not subjected to unnecessary limitations of their personal privacy. The close custody unit supervisor or another person acting on the direct or standing orders of the Administrator must authorize any non-routine cell searches.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 5 - CLOSE CUSTODY UNITS › Subchapter 2 - MANAGEMENT CONTROL UNIT (M.C.U.) › Section 10A:5-2.1 - Referrals for placement in the Management Control Unit (M.C.U.)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Recommendations for placement of inmates in the M.C.U. may be submitted to the Management Control Unit Review Committee (M.C.U.R.C.) by:
1. The Director, Division of Operations;
2. The Institutional Classification Committee (I.C.C.);
3. The Disciplinary Hearing Officer/Adjustment Committee;
4. Special Administrative Review Committee (S.A.R.C.);
5. The Administrator; and/or
6. A Correction Major.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 5 - CLOSE CUSTODY UNITS › Subchapter 2 - MANAGEMENT CONTROL UNIT (M.C.U.) › Section 10A:5-2.2 - Composition of the Management Control Unit Review Committee (M.C.U.R.C.)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The M.C.U.R.C. shall be composed of the following five regular voting members and one recorder:
1. A representative from a correctional facility with a M.C.U.;
2. A representative from the Education or Social Services Department;
3. A representative from Mental Health Services;
4. A representative from Custody;
5. A Chairperson, who shall be an employee permanently assigned to Central Office, designated by either the Deputy Commissioner or designee or the Assistant Commissioner of Operations or designee; and
6. A non-voting recorder who shall maintain records, minutes, and reports of the Committee.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 5 - CLOSE CUSTODY UNITS › Subchapter 2 - MANAGEMENT CONTROL UNIT (M.C.U.) › Section 10A:5-2.3 - Responsibilities of the Management Control Unit Review Committee (M.C.U.R.C.)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The M.C.U.R.C. shall meet as needed to carry out its responsibilities. The M.C.U.R.C. shall be responsible for:
1. Hearing the cases of inmates referred for placement in M.C.U.;
2. Reviewing the progress of each inmate placed in M.C.U. at least every 90 days to determine whether continued placement in the Unit is appropriate;
3. Reviewing all circumstances, custody reports, professional reports, recommendations, inmate statements, and any other relevant evidence related to inmates placed in, or referred for placement, in M.C.U.;
4. Reviewing all circumstances, custody reports, professional reports, recommendations, inmate statements, and any other relevant evidence related to phase changes; and
5. Any other functions deemed necessary to ensure the safe, secure, and effective running of the M.C.U.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 5 - CLOSE CUSTODY UNITS › Subchapter 2 - MANAGEMENT CONTROL UNIT (M.C.U.) › Section 10A:5-2.4 - Criteria for assigning inmates to the Management Control Unit (M.C.U.)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following criteria shall be utilized by the Management Control Unit Review Committee (M.C.U.R.C.) in determining the appropriateness of assigning an inmate to the M.C.U.:
1. Disciplinary records during the inmate's present term of confinement and any previous terms served. Weight shall be assigned to this criterion where there are a substantial number of minor charges, or one or more charges of a serious nature;
2. Past criminal offenses, including those for which incarcerated, which indicate the capability and propensity to commit or precipitate serious acts of disruption or violence;
3. Number and location of previous institutionalizations including the disciplinary records, progress reports, classification reports, or any other records which indicate involvement in serious misbehavior;
4. Reports by professional staff (for example, psychologists, social workers, psychiatrists);
5. Reports indicating present involvement in criminal activities in the community or within the correctional facility;
6. Evidence of an attitude which indicates an unwillingness to follow rules and obey orders;
7. Inability to maintain a satisfactory work record as indicated in reports by work supervisors and/or frequency of job changes;
8. Information indicating unsatisfactory adjustment to, or performance in, treatment or rehabilitative programs; and
9. Evidence of the inmate's inability or unwillingness to house with other inmates in a nondisruptive and nondestructive manner.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 5 - CLOSE CUSTODY UNITS › Subchapter 2 - MANAGEMENT CONTROL UNIT (M.C.U.) › Section 10A:5-2.5 - Assignment to the Management Control Unit (M.C.U.)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An inmate shall be assigned to the M.C.U. when the M.C.U.R.C., after considering the criteria at N.J.A.C. 10A:5-2.4, concludes that the inmate poses a substantial threat to the safety of others or to the safe and secure operation of a correction facility.
(b) Procedures for M.C.U.R.C. hearings described in N.J.A.C. 10A:5-2.6shall be followed and completed prior to placement in M.C.U.
(c) If there is a need for immediate placement in the M.C.U., such placement shall be made in accordance with N.J.A.C. 10A:5-2.8.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 5 - CLOSE CUSTODY UNITS › Subchapter 2 - MANAGEMENT CONTROL UNIT (M.C.U.) › Section 10A:5-2.6 - Procedures for the Management Control Unit Review Committee (M.C.U.R.C.) reviews

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When an inmate is placed in the M.C.U. by the M.C.U. Hearing Officer, a preliminary determination shall also be made by the M.C.U.R.C. as to when the need for the M.C.U. program shall be reviewed. A formal review of each inmate in the M.C.U. shall be made at least every 90 days. During the reviews, inmates in M.C.U. may be considered for release, phase change, or any other action deemed appropriate as a result of the review.
(b) Prior to an M.C.U.R.C. hearing, the inmate shall be given written notice at least 24 hours in advance of appearing before the M.C.U.R.C. The staff member delivering the notice shall sign it and indicate the time and date of delivery.
(c) The inmate shall also be notified that he or she may obtain the help of an inmate paralegal to act as a counsel substitute approved by the M.C.U.R.C. to assist in the adequate collection and presentation of the facts in the inmate's case and to be present at the hearing as a spokesperson (see N.J.A.C. 10A:6-2.12 and 2.14).
(d) Illiterate inmates or inmates otherwise demonstrating a need for assistance shall receive the assistance of a consenting inmate, or a staff member assigned to this function by the M.C.U.R.C. An interpreter service shall be utilized if needed.
(e) The M.C.U.R.C. Chairperson shall have the discretion to keep the hearing within reasonable limits and to refuse to permit the collection and presentation of evidence that is not necessary for an adequate understanding of the case. The Chairperson shall exercise control over all presentations to prevent lack of relevancy, harassment, abuse or repetitiveness and to ensure that the hearing does not develop into an adversarial proceeding.
(f) A written record shall be maintained by the M.C.U.R.C. of all reviews of inmates in the M.C.U. This record shall be kept in a separate file in addition to being made a permanent part of the inmate's case folder. All M.C.U.R.C. reports shall be signed by all M.C.U.R.C. members.
(g) Any member of the M.C.U.R.C. may request a review for an inmate in the M.C.U. earlier than previously scheduled.
(h) At each review, the M.C.U.R.C. shall review the information upon which the decision was based to assign the inmate to the M.C.U. Such information shall include:
1. Disciplinary reports;
2. Program participation, such as, but not limited to, education, counseling, recreational activities; and
3. Records of the inmate's behavior and attitude while in the M.C.U., such as custody and professional staff reports that must be periodically filed, describing pertinent observations, both positive and negative, of the inmate's behavior and attitude while in the M.C.U.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 5 - CLOSE CUSTODY UNITS › Subchapter 2 - MANAGEMENT CONTROL UNIT (M.C.U.) › Section 10A:5-2.7 - Appeal of Management Control Unit Review Committee (M.C.U.R.C.) decisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) At the time the inmate is provided with the M.C.U.R.C.'s decision, the inmate shall be advised of the opportunity to appeal the decision to an employee designated by the Commissioner to receive such appeals. The inmate shall have seven business days to submit a letter of appeal. The employee receiving such appeals may approve or modify any M.C.U.R.C. decision as deemed appropriate. The employee receiving such appeals may also order further hearings where appropriate.
(b) During the employee's review, the following factors shall be considered:
1. Whether there was compliance with 10A:5-2.6;
2. Whether the decision of the M.C.U.R.C. was based on substantial evidence; and
3. Whether the decision rendered was appropriate to the inmate's case.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 5 - CLOSE CUSTODY UNITS › Subchapter 2 - MANAGEMENT CONTROL UNIT (M.C.U.) › Section 10A:5-2.8 - Prehearing, initial placement hearing, and appeal of initial placement hearing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The inmate may be placed in Prehearing M.C.U. by order of an Administrator or designee utilizing an authorization for prehearing M.C.U. form when there is reasonable evidence that, if the inmate remains in general population, there is an immediate threat to the safety of others or of interrupting the safe, secure, and orderly operation of the correctional facility.
1. The inmate shall be entitled to an initial placement hearing within 72 hours following placement into Prehearing M.C.U., absent exceptional circumstances.
2. An inmate placed in Prehearing M.C.U. shall be given written notice on the Criteria Record Sheet, as described at N.J.A.C. 10A:5-2.6within 24 hours following placement in Prehearing M.C.U.
3. When an emergency exists that precludes completion of the authorization form prior to placement, the form shall be completed immediately following placement.
4. In all cases where an inmate is placed in Prehearing M.C.U., the chairperson of the M.C.U.R.C. shall review the authorization form, which shall be forwarded to the chairperson by the next full business day of placement into the Prehearing M.C.U., and determine, based on the criteria set forth at (a) above, if there is reasonable evidence to hold the inmate in the M.C.U. The chairperson shall then communicate the determination to the Administrator or designee within 24 hours. The chairperson shall be granted access to whatever evidence the chairperson deems necessary to make a recommendation.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 5 - CLOSE CUSTODY UNITS › Subchapter 2 - MANAGEMENT CONTROL UNIT (M.C.U.) › Section 10A:5-2.9 - Use of Prehearing Management Control Unit during an emergency

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In the event an emergency is declared, inmates may be placed in Prehearing M.C.U. status should their behavior fall into the placement criteria as outlined in N.J.A.C. 10A:5-2.8.
(b) When an unusually large number of inmates are involved, the procedures set forth in this subchapter shall be modified in order to maintain an effective level of security and order, and at the same time, attempt to provide each inmate with the maximum M.C.U. hearing safeguards under these unusual circumstances.
(c) The following procedures shall be implemented and remain in effect until normal operations resume:
1. Inmates who have been identified as being a threat to the safe and secure operation of the correctional facility shall remain in Prehearing M.C.U. at housing assignments to be designated by the Administrator or designee.
2. Each inmate shall receive a written notice explaining that:
i. An emergency exists;
ii. The inmate has been identified as a threat to the safe and secure operation of the correctional facility; and
iii. The inmate will receive an in-person hearing within 72 hours, absent exceptional circumstances.
3. The schedule for the hearings shall be affected by the number of inmates involved and the need to ensure security. A schedule of such hearings shall be issued by the Administrator.
4. The Administrator shall designate hearing officers who are familiar with classification materials and the M.C.U. process to conduct hearings as promptly as possible. The inmate shall be permitted to appear in person unless doing so would be unduly hazardous to the safety of the hearing officer or security of the correctional facility.
5. At the hearing, the inmate shall be informed verbally of all adverse information bearing on the inmate's case with the exception of information designated confidential. When reviewing confidential information, procedures set forth in N.J.A.C. 10A:5-2.6shall apply.
6. The inmate shall be permitted to speak on his or her own behalf or to submit a written statement. If the inmate is illiterate or otherwise demonstrates a need for assistance in presenting his or her statement, a staff member may be assigned to assist the inmate at the hearing.
7. The inmate shall receive a written notice of decision within 10 calendar days.
8. Review procedures, after initial classification to M.C.U. during these emergency conditions, shall be those set forth in N.J.A.C. 10A:5-2.6 and 2.10. These review procedures shall be commenced within three months following initial placement with subsequent reviews held every three months.
9. Conditions of confinement, as set forth in this subchapter, shall be modified as is reasonably necessary during the pending period of the emergency to ensure the safe and secure operation of the correctional facility.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 5 - CLOSE CUSTODY UNITS › Subchapter 2 - MANAGEMENT CONTROL UNIT (M.C.U.) › Section 10A:5-2.10 - Review of inmate status in the Management Control Unit (M.C.U.)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In every case where an inmate has been confined to the M.C.U. for a period of two consecutive years, the review procedure set forth in 10A:5-2.6 shall require the approval of the Deputy Commissioner or Assistant Commissioner of Operations for continued confinement in the M.C.U.
(b) The Deputy Commissioner's or Assistant Commissioner of Operations' approval for continued placement in the M.C.U. shall be required for each subsequent review after two consecutive years in M.C.U.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 5 - CLOSE CUSTODY UNITS › Subchapter 2 - MANAGEMENT CONTROL UNIT (M.C.U.) › Section 10A:5-2.11 - Disciplinary action within the Management Control Unit (M.C.U.)

Current through Register Vol. 56, No. 14, July 15, 2024
Except in the case of a termination of contact visits sanction as established at N.J.A.C. 10A:4-5.1(c), no special restriction of privilege on disciplinary grounds, such as denial of outside recreation or of work opportunities, may be continued in M.C.U. for longer than 30 days. If, in the judgment of the Disciplinary Hearing Officer/Adjustment Committee, there are special custodial reasons for desiring to continue special restriction of the inmate's privileges for longer than 30 days, the Disciplinary Hearing Officer/Adjustment Committee shall recommend extending the restrictions for the approval by the Administrator, or designee. Inmates assigned to the M.C.U. found guilty of a Category A or B infraction and sanctioned to the Restorative Housing Unit (R.H.U.) will serve the sanction within the M.C.U. due to the increased safety and security measures required for inmates assigned to M.C.U. All restrictions and/or opportunities available in the R.H.U. are applicable.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 5 - CLOSE CUSTODY UNITS › Subchapter 2 - MANAGEMENT CONTROL UNIT (M.C.U.) › Section 10A:5-2.12 - Program monitoring, review, and modification

Current through Register Vol. 56, No. 14, July 15, 2024
The M.C.U.R.C. shall continuously monitor and review all aspects of the M.C.U. When the M.C.U.R.C. desires to make any significant deviation from the M.C.U. Program as delineated in this subchapter, a request shall be submitted in writing through the Administrator or the Chairperson to the Assistant Commissioner, Division of Operations or the Deputy Commissioner.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 5 - CLOSE CUSTODY UNITS › Subchapter 3 - OUT-OF-CELL ACTIVITIES IN CLOSE CUSTODY UNITS › Section 10A:5-3.1 - Out-of-cell activities in Close Custody Units

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Inmates housed in the Management Control Unit (M.C.U.), Restorative Housing Unit (R.H.U.), Protective Custody (P.C.), and Temporary Administrative Housing Unit (T.A.H.) shall have meaningful opportunities to participate in out-of-cell activities, including recreation, services, and programs of a chaplaincy, substance abuse, or addiction nature. For safety and security reasons, opportunities for social interaction and congregate activities will be based on custody status, the risk or threat of harm to themselves or others, the destruction of property, and the safe and secure operation of the correctional facility.
(b) Inmate participation in out-of-cell services and activities is voluntary and refusal to participate will not be subject to disciplinary sanction as set forth at N.J.A.C. 10A:4-5.1, but will result in an advisement or report to the housing unit review committee, such as the Management Control Unit Review Committee (M.C.U.R.C.), Special Segregation Review Committee (S.A.R.C.), or Institutional Classification Committee (I.C.C.), as applicable.
1. Whenever an inmate refuses to participate in the opportunity for out-of-cell time, the Department's obligations under the Isolated Confinement Restriction Act for out-of-cell time shall be considered fulfilled and any related confinement will be of the inmate's choosing and shall not be considered Isolated Confinement, as defined at N.J.S.A. 30:4-82.5 through 11.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 5 - CLOSE CUSTODY UNITS › Subchapter 3 - OUT-OF-CELL ACTIVITIES IN CLOSE CUSTODY UNITS › Section 10A:5-3.2 - Special Administrative Segregation Review Committee (S.A.S.R.C.)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The S.A.S.R.C. is responsible for providing a bimonthly review, or more frequent reviews if deemed necessary, of the status of inmates assigned to all Administrative Close Supervision Units.
(b) The Director of the Division of Operations shall designate voting members who shall be an Associate Administrator/Assistant Superintendent/Correction Major or designee to serve on the S.A.S.R.C.
(c) The S.A.S.R.C. shall be composed of:
1. One voting member who shall be an Associate Administrator or Assistant Superintendent from a facility designated by the Director;
2. One voting member who shall be a representative from CRAF; and
3. One voting member who shall be a representative from the Division of Operations.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 5 - CLOSE CUSTODY UNITS › Subchapter 3 - OUT-OF-CELL ACTIVITIES IN CLOSE CUSTODY UNITS › Section 10A:5-3.3 - Separate facilities

Current through Register Vol. 56, No. 14, July 15, 2024
Whenever possible, areas utilized for Administrative Close Supervision Units shall be physically separate from other programs in the correctional facility.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 5 - CLOSE CUSTODY UNITS › Subchapter 3 - OUT-OF-CELL ACTIVITIES IN CLOSE CUSTODY UNITS › Section 10A:5-3.4 - Ventilation, heating, lighting, sanitation and observation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Ventilation and reasonable temperature shall be maintained on a 24-hour basis.
(b) Light of sufficient intensity shall be maintained to allow visual observation of inmates at all times.
(c) Partial curtains may be permitted over the cell door, at the discretion of the Administrator.
(d) When admitted, inmates shall not be placed in the cells that lack cleanliness or have malfunctioning sanitary fixtures or lights. Daily inspections shall be made to ensure that the cells are kept secure, clean and sanitary.
(e) Toilets that are flush controlled from outside the cells shall be flushed as often as is necessary to maintain good sanitary standards.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 5 - CLOSE CUSTODY UNITS › Subchapter 3 - OUT-OF-CELL ACTIVITIES IN CLOSE CUSTODY UNITS › Section 10A:5-3.5 - Food

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Segregated inmates shall be served the regular correctional facility meals from the "Menu of the Day" unless a special diet is prescribed by a physician or a religious vegetarian diet has been approved by the correctional facility chaplain.
(b) Disposable utensils shall be used when necessary.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 5 - CLOSE CUSTODY UNITS › Subchapter 3 - OUT-OF-CELL ACTIVITIES IN CLOSE CUSTODY UNITS › Section 10A:5-3.6 - Grooming, showering and shaving

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Barber and hair care services shall be provided as needed.
(b) Each inmate in an Administrative Close Supervision Unit shall be given the opportunity to shave and shower not less than three times a week, unless permitting these activities would present an undue security hazard.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 5 - CLOSE CUSTODY UNITS › Subchapter 3 - OUT-OF-CELL ACTIVITIES IN CLOSE CUSTODY UNITS › Section 10A:5-3.7 - Medical and psychiatric services

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A member of the medical staff, which can be a registered nurse, nurse practitioner, doctor, or other authorized health care personnel, shall be available in the Administrative Close Supervision Unit on a daily basis to assess medical needs. Any inmate wishing to see a doctor shall notify the medical staff member or housing custody staff member of his or her sick call request.
(b) Medical and psychiatric emergencies shall be attended to immediately. Requests for medical attention for inmates in non-emergency situations shall be responded to by the physician, or medical person designated by the physician.
(c) Whenever it appears that an inmate is suffering from an emotional or psychiatric disturbance, arrangements shall be made for a psychiatric or psychological evaluation.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 5 - CLOSE CUSTODY UNITS › Subchapter 3 - OUT-OF-CELL ACTIVITIES IN CLOSE CUSTODY UNITS › Section 10A:5-3.8 - Personal items

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A Director, Division of Operations or designee shall, in accordance with the Administrative Segregation Level Program, develop a written list of authorized personal property items and the amounts of personal property items authorized for retention by inmates while confined in an Administrative Close Supervision Unit.
(b) All inmates admitted to an Administrative Close Supervision Unit shall be permitted to retain only those personal property items and amounts of personal property as are set forth on the list of authorized, permissible items for inmates in an Administrative Close Supervision Unit developed under (a) above.
(c) Unauthorized, non-permissible personal property shall be handled in accordance with N.J.A.C. 10A:1-11.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 5 - CLOSE CUSTODY UNITS › Subchapter 3 - OUT-OF-CELL ACTIVITIES IN CLOSE CUSTODY UNITS › Section 10A:5-3.9 - Correctional facility clothing, bedding and linen

Current through Register Vol. 56, No. 14, July 15, 2024
The issue and exchange of correctional facility clothing, bedding, linen, and the laundry service shall be handled in accordance with unit internal management procedures or on the same basis as is available to the general inmate population.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 5 - CLOSE CUSTODY UNITS › Subchapter 3 - OUT-OF-CELL ACTIVITIES IN CLOSE CUSTODY UNITS › Section 10A:5-3.10 - Inmate legal service

Current through Register Vol. 56, No. 14, July 15, 2024
Legal services shall be made available to inmates assigned to an Administrative Close Supervision Unit. Legal services shall be in accordance with the provisions set forth in N.J.A.C. 10A:6, Inmate Access to Courts.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 5 - CLOSE CUSTODY UNITS › Subchapter 3 - OUT-OF-CELL ACTIVITIES IN CLOSE CUSTODY UNITS › Section 10A:5-3.11 - Reading material

Current through Register Vol. 56, No. 14, July 15, 2024
Inmates in Administrative Close Supervision Units shall be permitted to retain in their possession a reasonable amount of reading material. Procedures shall be in effect permitting inmates access to books and periodicals from the correctional facility library and Inmate Law Library.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 5 - CLOSE CUSTODY UNITS › Subchapter 3 - OUT-OF-CELL ACTIVITIES IN CLOSE CUSTODY UNITS › Section 10A:5-3.12 - Correspondence, visits, and telephone calls

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Inmates in Administrative Close Supervision Units shall have the same correspondence opportunities as inmates in the general population.
(b) Each correctional facility that has an Administrative Close Supervision Unit shall provide each inmate in the Unit the opportunity to receive a minimum of one non-contact visit per 30 calendar days.
(c) Each correctional facility that has an Administrative Close Supervision Unit shall provide each inmate in the Unit the opportunity to make a minimum of one collect telephone call per week, excluding legal telephone calls (see 10A:6-2.8 ).
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 5 - CLOSE CUSTODY UNITS › Subchapter 3 - OUT-OF-CELL ACTIVITIES IN CLOSE CUSTODY UNITS › Section 10A:5-3.13 - Recreation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Where physical facilities permit, each inmate in an Administrative Close Supervision Unit shall be allowed recreation and exercise outside the cell at least five hours per week, unless to do so would adversely affect the security or orderly operations of the correctional facility.
(b) Inmates in an Administrative Close Supervision Unit shall be given the opportunity for out-of-doors recreation for a minimum of one hour of the required five hours of recreation time per week, unless to do so would adversely affect the security or orderly operations of the correctional facility.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 5 - CLOSE CUSTODY UNITS › Subchapter 3 - OUT-OF-CELL ACTIVITIES IN CLOSE CUSTODY UNITS › Section 10A:5-3.14 - Education

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Educational programs shall be comparable to those available to inmates in general population to the extent possible in accordance with security considerations, resources, budgetary constraints, and Administrative Close Supervision Unit internal management procedures.
(b) A member of the educational staff shall be assigned to develop individualized educational programs for approved inmates who are assigned to administrative segregation.
(c) Educational programs and services shall be provided for all inmates up to age 20 and up to age 22 for inmates with educational disabilities. An inmate may choose not to participate in available educational programs after the inmate has reached the age of 16. A decision not to participate in an educational program(s) shall be in writing and signed by the inmate. Until the inmate reaches the age of 18, a parent or guardian must also sign a decision not to participate in an educational program(s). A decision to participate in an educational program(s) may be made at any time thereafter, until the inmate reaches age 22.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 5 - CLOSE CUSTODY UNITS › Subchapter 3 - OUT-OF-CELL ACTIVITIES IN CLOSE CUSTODY UNITS › Section 10A:5-3.15 - Visits by professional and correctional supervisory staff

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A member of the correctional facility social work staff shall make visits to the Administrative Close Supervision Unit five days per week and shall be available as soon as administratively possible to interview individual inmates as requested. When appropriate, referrals to other departments or staff members shall be made.
(b) The correctional facility chaplain shall also visit as soon as administratively possible the Administrative Close Supervision Unit as requested by individual inmates to provide religious counseling or other pastoral services.
(c) The supervisor in charge of the Administrative Close Supervision Unit shall make daily visits to the Unit and shall be available as soon as administratively possible to interview individual inmates as requested.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 5 - CLOSE CUSTODY UNITS › Subchapter 3 - OUT-OF-CELL ACTIVITIES IN CLOSE CUSTODY UNITS › Section 10A:5-3.16 - Work opportunities

Current through Register Vol. 56, No. 14, July 15, 2024
Work opportunities may be made available to inmates assigned to an Administrative Close Supervision Unit to the extent possible in accordance with security considerations, limited resources, availability of physical facilities, and budgetary constraints.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 5 - CLOSE CUSTODY UNITS › Subchapter 3 - OUT-OF-CELL ACTIVITIES IN CLOSE CUSTODY UNITS › Section 10A:5-3.17 - Psychological/psychiatric evaluations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every inmate in the Administrative Close Supervision Unit for six months shall receive a psychiatric or psychological evaluation and shall receive a psychiatric or psychological evaluation every two months thereafter. The evaluation shall consider, but not be limited to, the following factors:
1. The inmate's adjustment to his or her surroundings;
2. The likelihood of the inmate conforming his or her behavior to correctional facility rules and regulations; and
3. The likelihood of the inmate posing a threat to the safe, orderly and secure operations of the correctional facility.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 5 - CLOSE CUSTODY UNITS › Subchapter 3 - OUT-OF-CELL ACTIVITIES IN CLOSE CUSTODY UNITS › Section 10A:5-3.18 - Withdrawal of personal items or activities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Whenever, in the judgment of the custody staff member in charge of an Administrative Close Supervision Unit, there is imminent danger that an inmate will destroy clothing or any items usually permitted the inmate in the cell, or do injury to self, to another person, or to property with such items, the custody staff member may deprive the inmate of such items, if practicable. Every effort shall be made to supply a substitute for the item or to permit the inmate to use the item under the supervision of the custody staff member.
(b) Whenever an inmate is deprived of any usually authorized item or activity, a written report shall immediately be forwarded to the Administrator or designee and the supervisor of the Administrative Close Supervision Unit, which shall identify the inmate and the item or activity. In addition, the S.A.S.R.C. shall review any such restriction within one week. Any continued restriction shall be permitted only with the written authorization of the S.A.S.R.C.
(c) Such restrictions shall be reviewed on a weekly basis to determine whether there is reasonable certainty that the danger to person or property is no longer imminent and the restriction may be lifted.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 5 - CLOSE CUSTODY UNITS › Subchapter 3 - OUT-OF-CELL ACTIVITIES IN CLOSE CUSTODY UNITS › Section 10A:5-3.20 - Records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following information on inmates confined in an Administrative Close Supervision Unit shall be available in the unit for the use of appropriate staff:
1. The inmate's name and number;
2. Previous housing locations;
3. Unit cell or room assignments;
4. The date admitted;
5. The disciplinary charge leading to administrative segregation;
6. Special medical or psychiatric problems on an as needed basis; and
7. The date beyond which the inmate may not be retained in the Administrative Close Supervision Unit on the instant offense.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 5 - CLOSE CUSTODY UNITS › Subchapter 4 - EMERGENCY CONFINEMENT › Section 10A:5-4.1 - Emergency Confinement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An inmate may be placed in Emergency Confinement for a period not to exceed 24 hours when the Administrator, or designee, determines that it is necessary to reduce a substantial risk to the inmate or others, or as evidenced by recent conduct.
(b) Criteria for placement in Emergency Confinement are:
1. When there is reasonable belief the confinement is necessary to reduce a substantial risk of imminent serious harm to the inmate or others as evidenced by recent conduct;
2. That the inmate's presence in general population poses a danger to the inmate, staff, other inmates, or the public; or
3. When there is clear and convincing evidence that the inmate has committed a violation of a prohibited act listed at N.J.A.C. 10A:4-4.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 5 - CLOSE CUSTODY UNITS › Subchapter 5 - PROTECTIVE CUSTODY › Section 10A:5-5.1 - Assignment to Prehearing Protective Custody or admission to a Protective Custody Unit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An inmate may be placed in Protective Custody by any of the following means:
1. On the recommendation of the Special Investigations Division (S.I.D.);
2. On the recommendation of a sentencing court or prosecutor, subject to approval of the Administrator. The recommendation must be accompanied by a statement of justifiable reasons to support such placement;
3. On the recommendation of a correctional facility non-custody staff person or a custody staff member;
4. On the order of the Administrator; Assistant Commissioner, Division of Operations; Chief of Staff; Deputy Commissioner; or Commissioner;
5. Voluntarily, on the part of an inmate via the inmate's request; or
6. Involuntarily, in accordance with the provisions of this subchapter.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 5 - CLOSE CUSTODY UNITS › Subchapter 5 - PROTECTIVE CUSTODY › Section 10A:5-5.2 - Hearing procedure for involuntary placement in a Protective Custody Unit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An inmate under consideration for placement in Protective Custody shall be given written notice of an involuntary Protective Custody hearing, as soon as practicable.
(b) A copy of the written notice shall be given to the inmate at least 24 hours prior to the in-person hearing and may include any of the following:
1. Witnesses' written statements;
2. Documents related to the nature of threat of harm involved; or
3. Other written facts relevant to the need or lack of need for placement in Protective Custody.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 5 - CLOSE CUSTODY UNITS › Subchapter 5 - PROTECTIVE CUSTODY › Section 10A:5-5.3 - Appeal procedures for an involuntary Protective Custody placement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The inmate shall be advised of the opportunity to appeal to the Administrator or designee at the time that the inmate is provided with the Protective Custody hearing decision.
(b) The inmate shall have five business days from the date he or she receives the Protective Custody decision to submit a letter of appeal.
(c) All appeals shall be reviewed by the Administrator or designee and the following factors shall be considered:
1. Whether there was compliance with this subchapter;
2. Whether the decision was based on reliable information; and
3. Whether the decision to place the inmate in Protective Custody was justifiable considering the inmate's safety and the continued safe and secure operation of the correctional facility.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 5 - CLOSE CUSTODY UNITS › Subchapter 5 - PROTECTIVE CUSTODY › Section 10A:5-5.4 - Review of all inmates in Protective Custody units

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Inmates in Protective Custody shall be provided a review every 30 days, either through video conference or in-person, by the Institutional Classification Committee (I.C.C.).
(b) In addition to (a) above, each inmate placed in Protective Custody shall be provided an in-person hearing, in accordance with procedures specified at N.J.A.C. 10A:5-5.2 and 5.3, a review bi-annually (twice per year) or more often, if necessary, by the Institutional Classification Committee (I.C.C.).
(c) If an inmate chooses to waive the hearing, the decision to waive the hearing shall be documented and retained in the inmate file.
(d) An inmate who is placed in Protective Custody involuntarily shall, in every case, have an inperson hearing once per year, or more often if necessary, in accordance with N.J.A.C. 10A:5-5.2 and 5.3.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 5 - CLOSE CUSTODY UNITS › Subchapter 5 - PROTECTIVE CUSTODY › Section 10A:5-5.5 - Release of inmates in Protective Custody units

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An inmate who has voluntarily signed himself or herself into Protective Custody who wishes to be released from Protective Custody may submit a request for release from Protective Custody to the appropriate Custody Supervisor. In order to approve such a requested release, the Institutional Classification Committee (I.C.C.), the Administrator or designee must be satisfied that there is no known danger to the inmate's well-being and no known threat to the safe and secure operation of the correctional facility. Should the request for release from voluntary Protective Custody be denied, the inmate may request in writing that continued placement in Protective Custody be considered an involuntary placement in Protective Custody.
(b) An inmate who has been placed in Protective Custody involuntarily may be released by the Administrator or designee, upon recommendation by the I.C.C. when they are satisfied that the conditions forming the basis for the inmate's placement in Protective Custody have abated or no longer exist and there is no known threat to the safe and secure operation of the correctional facility.
(c) Inmates released from Protective Custody shall, when appropriate, be referred to the intake unit for assignment to a suitable correctional facility.
(d) An inmate in a State correctional facility shall not be directly released from non-congregate Protective Custody to the community during the final 180 days of the inmate's term of incarceration, unless it is necessary for the safety of the inmate, staff, other inmates, or the public.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 5 - CLOSE CUSTODY UNITS › Subchapter 5 - PROTECTIVE CUSTODY › Section 10A:5-5.6 - Disciplinary action within Protective Custody Units

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The rules set forth in N.J.A.C. 10A:4, Inmate Discipline, shall be in full force and effect in the Protective Custody Units.
(b) An inmate assigned to Prehearing Protective Custody or a Protective Custody Unit who requires an administrative transfer to another Close Custody Unit or who is found guilty of a prohibited act that results in a sanction that includes assignment to another Close Custody Unit shall be subject to the rules of that Unit.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 5 - CLOSE CUSTODY UNITS › Subchapter 6 - PREHEARING DISCIPLINARY HOUSING UNIT › Section 10A:5-6.1 - Confinement in Prehearing Disciplinary Housing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An inmate may be placed in Prehearing Disciplinary Housing in those instances where it appears necessary to remove or isolate the inmate from the general population until an investigation into the inmate's alleged misconduct can be completed and a disciplinary hearing can be held pursuant to N.J.A.C. 10A:4-9, Disciplinary Procedures. Confinement in Prehearing Disciplinary Housing shall be deemed necessary only where it appears that, if the inmate remained in his or her existing housing unit, the inmate would constitute a threat to other inmates, staff members, the inmate, or to the safe, secure, and orderly operations of the correctional facility.
1. An inmate shall not be placed in the Prehearing Disciplinary Housing if the inmate is a member of a vulnerable population.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 5 - CLOSE CUSTODY UNITS › Subchapter 7 - INVESTIGATIVE HOUSING UNIT › Section 10A:5-7.1 - Placement in the Investigative Housing Unit (I.H.U.)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An inmate may be placed in the I.H.U. for a period not to exceed 72 hours unless exceptional circumstances, such as, but not limited to, other information received or other clear and convincing evidence found warrant extension of this time period.
1. Placement of the inmate in I.H.U. will be reviewed within 24 hours of placement by a supervisor that was not involved in the initial placement decision. Placement in I.H.U. shall be preceded by a personal and comprehensive medical and mental health evaluation conducted by a clinician.
2. An inmate shall not be placed in the Investigative Housing Unit if the inmate is a member of a vulnerable population.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 5 - CLOSE CUSTODY UNITS › Subchapter 8 - ADJUSTMENT UNIT › Section 10A:5-8.1 - Placement in the Adjustment Unit (A.U.)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An inmate may be placed in the Adjustment Unit (A.U.) for a period of five to 15 days with a finding of guilt for any offense in Category A when there is reasonable cause to believe that the inmate would create a substantial risk of serious harm to himself, herself, or another, including, but not limited to, a correctional police officer, other employee, or volunteer in the facility, as evidenced by recent threats or conduct, and a less restrictive intervention would be insufficient to reduce this risk (see N.J.A.C 10A:4-4.1) unless:
1. The inmate is a member of a vulnerable population; or
2. If a medical or mental health professional determines that the inmate is not appropriate for placement in the A.U.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 5 - CLOSE CUSTODY UNITS › Subchapter 9 - RESTORATIVE HOUSING UNIT (R.H.U.) › Section 10A:5-9.1 - Criteria for assigning inmates to the Restorative Housing Unit (R.H.U.)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An inmate who is found guilty of committing one or more of the prohibited acts in Category A or B, as set forth at N.J.A.C. 10A:4-4.1(a)1  and 2 shall be subject to disciplinary action and one or more sanctions imposed by a Disciplinary Hearing Officer. Sanctions imposed for a finding of guilt for the prohibited acts in Categories A and/or B are the most serious and may include removal from general population and assignment to a Restorative Housing Unit (R.H.U.) in addition to other sanctions as may be deemed necessary by the Disciplinary Hearing Officer and/or Administrator. However, where a medical or mental health professional has made a determination that the inmate is not appropriate for placement in an R.H.U., the inmate may receive one or more of the less restrictive sanctions listed at N.J.A.C. 10A:4-5.1(d) and (e).
(b) Repeat occurrences of a specific infraction(s) are addressed at N.J.A.C. 10A:4-5.1(d)  and may include removal from general population and assignment to a Restorative Housing Unit (R.H.U.).
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 5 - CLOSE CUSTODY UNITS › Subchapter 9 - RESTORATIVE HOUSING UNIT (R.H.U.) › Section 10A:5-9.2 - Structure of the Restorative Housing Unit (R.H.U.)

Current through Register Vol. 56, No. 14, July 15, 2024
The R.H.U. shall provide a structured, controlled environment where inmate behavior shall be closely monitored and documented by a team of custody and civilian staff. The R.H.U. is designed to encourage inmates to improve behavior patterns. Inmates in the R.H.U. are afforded the opportunity to participate in authorized out-of-cell programming and congregate interactions, structured activities, and educational programs to prepare them for reintegration into general population.