reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 4 - INMATE DISCIPLINE › Subchapter 7 - ON-THE-SPOT CORRECTION › Section 10A:4-7.2 - Conference/appeal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The custody staff supervisor shall hold a conference within 24 hours of receipt of the On-The-Spot Disciplinary Report/Adjudication. The inmate shall also be afforded the right to appear at the conference with the custody staff supervisor at which time the inmate may review and appeal the disciplinary report, discuss the violation and the inmate may present arguments regarding disciplinary action and challenge the proposed sanction.
(b) An inmate may waive the right to attend his or her conference or the inmate may forfeit that right if the inmate's behavior justifies his or her removal from the conference. In either case, the reasons for the inmate's absence shall be documented.
(c) The custody staff supervisor shall indicate on the On-The-Spot Disciplinary Report/ Adjudication whether the conference was held and enter on the form the other data pertaining to the results of the conference.
(d) At the conclusion of the conference, the inmate shall receive a completed copy of the On-The-Spot Disciplinary Report/Adjudication. Should the inmate be found guilty, a copy of the report shall be submitted to the Correction Major.
(e) On-the-spot disciplinary action is considered minor in nature and as such the right afforded to the inmate to appear at the conference shall be the final appeal for a finding of guilt to an on-the-spot disciplinary adjudication.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 4 - INMATE DISCIPLINE › Subchapter 7 - ON-THE-SPOT CORRECTION › Section 10A:4-7.3 - Sanctions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following are authorized sanctions for on-the-spot corrections:
1. Verbal reprimand;
2. Loss of recreation privileges not to exceed five calendar days;
3. Up to four hours of extra work duty;
4. Up to four hours confinement to the room or housing area;
5. Loss of radio, television, tablet or similar handheld electronic device privileges for a period of no more than five days; and/or
6. Confiscation.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 4 - INMATE DISCIPLINE › Subchapter 7 - ON-THE-SPOT CORRECTION › Section 10A:4-7.4 - Imposition of sanction

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the custody staff supervisor concurs with the On-The-Spot Disciplinary Report/ Adjudication and proposed sanction, the proposed sanction shall be imposed within 24 hours of the conference. If no conference is requested, the sanction shall be imposed within 24 hours of the review by the custody staff supervisor.
(b) The custody staff supervisor shall have the authority to change the proposed sanction to another on-the-spot sanction.
(c) If the custody staff supervisor concludes that a more serious sanction is necessary, the custody staff supervisor may refer the on-the-spot correction to the Disciplinary Hearing Officer or Adjustment Committee and/or increase the on-the-spot correction in accordance with 10A:4-7.6.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 4 - INMATE DISCIPLINE › Subchapter 7 - ON-THE-SPOT CORRECTION › Section 10A:4-7.5 - Record of sanction

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Information regarding on-the-spot guilty infractions shall not be entered onto the progress notes or be included in the reports presented to the New Jersey State Parole Board.
(b) Records of the on-the-spot sanctions shall be retained separately from the inmate's classification folder and in accordance with the internal management procedures of the correctional facility.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 4 - INMATE DISCIPLINE › Subchapter 7 - ON-THE-SPOT CORRECTION › Section 10A:4-7.6 - Referral and/or increase of an on-the-spot correction infraction

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Should the custody staff supervisor conclude that a more serious sanction may be appropriate, the infraction shall be referred to the Disciplinary Hearing Officer or Adjustment Committee for a disciplinary hearing and disposition.
(b) A disciplinary report shall be filed containing all the required information. Copies of all relevant documents shall then be forwarded to the Disciplinary Hearing Officer or Adjustment Committee Chairperson with a statement of reasons for the referral and any recommendations.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 4 - INMATE DISCIPLINE › Subchapter 8 - ADJUSTMENT COMMITTEE OR DISCIPLINARY HEARING OFFICER › Section 10A:4-8.1 - Adjustment Committee or Disciplinary Hearing Officer

Current through Register Vol. 56, No. 14, July 15, 2024
The disciplinary hearing within a correctional facility shall be conducted by either a Disciplinary Hearing Officer designated by the Commissioner or a Committee of three staff members designated by the Administrator.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 4 - INMATE DISCIPLINE › Subchapter 8 - ADJUSTMENT COMMITTEE OR DISCIPLINARY HEARING OFFICER › Section 10A:4-8.2 - Designation of an Adjustment Committee

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Administrator shall have the authority to designate an Adjustment Committee only at those correctional facilities where the Commissioner has not designated a Disciplinary Hearing Officer to perform such function, or in extraordinary circumstances when a Disciplinary Hearing Officer is not available.
(b) The Administrator may appoint persons to serve permanently, or may rotate members, or appoint one or more members to serve permanently and rotate other members.
(c) The Administrator shall designate one of the Committee members to serve as Chairperson. The Chairperson shall be the presiding officer and shall have the responsibility for the proper operation of the Committee.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 4 - INMATE DISCIPLINE › Subchapter 8 - ADJUSTMENT COMMITTEE OR DISCIPLINARY HEARING OFFICER › Section 10A:4-8.3 - Composition of the Adjustment Committee

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Adjustment Committee shall be composed of at least three persons which shall include:
1. A supervisory custody staff member of the rank of Captain or above (or a Lieutenant in case of a Captain's absence);
2. A correctional facility supervisor from the medical, administrative, social services, educational or treatment staff; and
3. A civilian line staff member.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 4 - INMATE DISCIPLINE › Subchapter 8 - ADJUSTMENT COMMITTEE OR DISCIPLINARY HEARING OFFICER › Section 10A:4-8.4 - Authority of Disciplinary Hearing Officer or Adjustment Committee

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Disciplinary Hearing Officer or Adjustment Committee shall have the authority to summon witnesses, take testimony, receive documentary evidence and shall have access to all correctional facility records which are relevant and necessary to the adjudication of any disciplinary case.
(b) The Disciplinary Hearing Officer or Adjustment Committee shall have the discretion to keep the hearing within reasonable limits and to refuse to permit the collection and presentation of evidence which is not necessary for an adequate understanding of the case. The Committee Chairperson or Disciplinary Hearing Officer shall exercise control over all presentations to prevent lack of relevancy, harassment, abuse or repetitiveness such as, but not limited to, a repetitive witness and to ensure that the hearing does not develop into an adversarial proceeding.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 4 - INMATE DISCIPLINE › Subchapter 8 - ADJUSTMENT COMMITTEE OR DISCIPLINARY HEARING OFFICER › Section 10A:4-8.5 - Decisions of the Adjustment Committee

Current through Register Vol. 56, No. 14, July 15, 2024
Decisions of an Adjustment Committee at those correctional facilities utilizing such a Committee shall be by majority vote with each member having an equal vote and an equal right to participate in the fact-finding, discussions and deliberations of the Committee.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 4 - INMATE DISCIPLINE › Subchapter 9 - DISCIPLINARY PROCEDURES › Section 10A:4-9.1 - Disciplinary report

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When a violation of a prohibited act as identified in N.J.A.C. 10A:4-4, Inmate Prohibited Acts, has occurred, the DOC staff member or the staff of a contracted vendor who witnessed it or who has probable cause to believe that a prohibited act has occurred shall prepare Form 259 Disciplinary Report and forward it to the appropriate correctional supervisor.
(b) The correctional supervisor may change the report to an On-The-Spot Disciplinary Report/Adjudication or forward it to the Disciplinary Hearing Officer or Adjustment Committee for further disposition.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 4 - INMATE DISCIPLINE › Subchapter 9 - DISCIPLINARY PROCEDURES › Section 10A:4-9.2 - Notification of inmate

Current through Register Vol. 56, No. 14, July 15, 2024
The disciplinary report shall be served upon the inmate within 48 hours after the violation unless there are exceptional circumstances. The report shall be delivered by the reporting staff member or the investigating custody staff member. The report shall be signed by the person delivering it and the date and time of delivery shall be noted. The inmate shall have 24 hours to prepare his or her defense.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 4 - INMATE DISCIPLINE › Subchapter 9 - DISCIPLINARY PROCEDURES › Section 10A:4-9.3 - Notification of use immunity

Current through Register Vol. 56, No. 14, July 15, 2024
In all cases, the inmate shall be advised of the inmate's right to use immunity at any investigative interview and at the disciplinary hearing. This warning shall consist of a statement that any statements made in connection with the disciplinary hearing or any evidence derived directly or indirectly from those statements shall not be used in any subsequent criminal proceeding. The failure to give this warning by the investigating custody staff member shall not be grounds for dismissing the disciplinary report. The Disciplinary Hearing Officer at his or her discretion or the Adjustment Committee at its discretion may grant a postponement if it is determined that such failure has precluded the inmate from adequately preparing his or her defense at the hearing.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 4 - INMATE DISCIPLINE › Subchapter 9 - DISCIPLINARY PROCEDURES › Section 10A:4-9.4 - Effect of use immunity

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An inmate's failure to invoke use immunity and make a statement in his/her defense may be considered by the Disciplinary Hearing Officer or Adjustment Committee together with the other evidence in decision making.
(b) A finding of guilt at a disciplinary hearing, however, shall not be predicated solely upon an inmate's silence.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 4 - INMATE DISCIPLINE › Subchapter 9 - DISCIPLINARY PROCEDURES › Section 10A:4-9.5 - Investigation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An investigation of the infraction shall be conducted by designated staff of the correctional facility within 48 hours of the time the disciplinary report is served upon the inmate.
(b) The Administrator shall appoint a coordinator of investigations who shall be an employee of supervisory level. The Administrator may also appoint one or more investigating officers. For the purpose of this section, "investigating officer" means an employee of supervisory level who has not been involved in the particular incident to be investigated.
(c) The coordinator of investigations shall be responsible for:
1. All investigations of disciplinary charges. The coordinator may assign individual investigations to an investigating officer who shall be responsible to the coordinator for completing the assignments;
2. Forwarding a list of all inmates who have a pending disciplinary infraction to the Mental Health Unit for a determination as to which inmates should be considered special needs inmates; and
3. Ensuring that Mental Health Unit staff provide said determination to the investigating officer and Disciplinary Hearing Officer/Adjustment Committee.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 4 - INMATE DISCIPLINE › Subchapter 9 - DISCIPLINARY PROCEDURES › Section 10A:4-9.6 - Requiring further investigation of charges

Current through Register Vol. 56, No. 14, July 15, 2024
The Disciplinary Hearing Officer or the Chairperson of the Adjustment Committee may direct a further investigation in any case where he/she is of the opinion that the report is not properly made out or the facts and circumstances are not sufficient to set forth a basic understanding of the incident. The Disciplinary Hearing Officer or Chairperson shall append the supplementary information, in writing, to the original investigation report. The person who supplied the additional information shall sign that section of the report.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 4 - INMATE DISCIPLINE › Subchapter 9 - DISCIPLINARY PROCEDURES › Section 10A:4-9.7 - Review of postponed cases

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Hearings that have been postponed for further investigation shall be reviewed by the Disciplinary Hearing Officer or Adjustment Committee to determine if an additional postponement is warranted:
1. Within 48 hours of the postponement, if the inmate is in Prehearing Disciplinary Housing; or
2. Within seven calendar days of the postponement if the inmate is in any other unit. Should the seventh day fall on a Saturday, Sunday or holiday, the last day for the hearing shall be the business day immediately following the weekend or holiday.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 4 - INMATE DISCIPLINE › Subchapter 9 - DISCIPLINARY PROCEDURES › Section 10A:4-9.8 - Scheduling hearing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Meetings with the Disciplinary Hearing Officer or the Adjustment Committee shall be convened at such times as are appropriate to carry out the work of the Disciplinary Hearing Officer or Adjustment Committee.
(b) The inmate shall be entitled to a hearing within seven calendar days of the alleged violation, including weekends and holidays, unless such hearing is prevented by exceptional circumstances, unavoidable delays or reasonable postponements. Should the seventh day fall on a Saturday, Sunday or holiday, the last day for the hearing shall be the business day immediately following the weekend or holiday.
(c) Inmates confined in Prehearing Disciplinary Housing shall receive a hearing within three calendar days of their placement in Prehearing Disciplinary Housing, including weekends and holidays, unless there are exceptional circumstances, unavoidable delays, or reasonable postponements. Should the third day fall on a Saturday, Sunday, or holiday, the hearing shall be held on the business day immediately following the weekend or holiday.
(d) Inmates confined in Prehearing Disciplinary Housing shall be given priority in scheduling their appearance before the Disciplinary Hearing Officer or Adjustment Committee.
(e) No delays in hearing a case shall be permitted for the purpose of punishment or discipline.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 4 - INMATE DISCIPLINE › Subchapter 9 - DISCIPLINARY PROCEDURES › Section 10A:4-9.9 - Failure to adhere to time limits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The failure to adhere to any of the time limits prescribed by this subchapter shall not mandate the dismissal of a disciplinary charge. However, the Disciplinary Hearing Officer or Adjustment Committee may, in its discretion, dismiss a disciplinary charge because of a violation of time limits. Such discretion shall be guided by the following factors:
1. The length of the delay;
2. The reason for the delay;
3. Prejudices to the inmate in preparing his/her defense; and
4. The seriousness of the alleged infraction.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 4 - INMATE DISCIPLINE › Subchapter 9 - DISCIPLINARY PROCEDURES › Section 10A:4-9.10 - Excluding the inmate from the disciplinary hearing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An inmate shall be permitted to be present throughout the disciplinary hearing except during the necessary deliberations of the Disciplinary Hearing Officer or Adjustment Committee and except in instances where correctional facility security would be jeopardized by the inmate's presence.
(b) The reasons for excluding an inmate from the disciplinary hearing must be well documented in the record.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 4 - INMATE DISCIPLINE › Subchapter 9 - DISCIPLINARY PROCEDURES › Section 10A:4-9.11 - In absentia hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A full in absentia hearing shall be conducted if the inmate refuses to appear at the hearing.
(b) The following procedural process shall apply at all disciplinary hearings conducted in absentia, which will enable the Disciplinary Hearing Officer or Adjustment Committee to ensure that the inmate has been given every opportunity to be present for his or her disciplinary hearing.
1. The escorting custody staff member shall report the inmate's refusal to appear before the Disciplinary Hearing Officer or Adjustment Committee.
2. A custody staff member shall deliver to the inmate who refuses to appear an Inmate Disciplinary Hearing Attendance Refusal Notice that includes the following statement:
"I voluntarily refuse to appear at this hearing. I understand that the hearing will be held in my absence."
3. The custody staff member shall advise the inmate that refusal to appear at the disciplinary hearing may result in an incomplete understanding by the Disciplinary Hearing Officer or Adjustment Committee of the circumstances surrounding the charges lodged against the inmate. If the inmate still refuses to appear at the disciplinary hearing, the inmate shall be requested to sign the Inmate Disciplinary Hearing Attendance Refusal Notice immediately after the statement set forth at (b)2 above.
4. In the event the inmate refuses to sign his or her name where designated on the Inmate Disciplinary Hearing Attendance Refusal Notice and still refuses to appear, the notice shall be returned to the Disciplinary Hearing Officer or Adjustment Committee Chairperson indicating that the inmate refused to sign and will contain the signature of the investigating custody staff member.
5. The Disciplinary Hearing Officer or Adjustment Committee shall ensure that the following statement shall be included in the inmate statement section of the Adjudication of Disciplinary Report: "No statement taken as the inmate refused to appear at the hearing."
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 4 - INMATE DISCIPLINE › Subchapter 9 - DISCIPLINARY PROCEDURES › Section 10A:4-9.12 - Aid in presentation of inmate's case

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When an inmate has been charged with an asterisk offense, the inmate shall be afforded the right to request representation by a counsel substitute.
(b) When the Disciplinary Hearing Officer or Adjustment Committee determines that an inmate is illiterate or cannot adequately collect and present the evidence in his or her own behalf, the inmate may elect to receive the services of a counsel substitute or the inmate may request representation by a staff member.
(c) Where the inmate requests the services of a staff member, the Administrator or designee may appoint a staff member to provide representation.
(d) The counsel substitute shall be permitted reasonable time to speak to the inmate and shall be given at least 24 hours to prepare the inmate's defense.
(e) If necessary, the inmate shall be allowed to present a defense through an interpreter.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 4 - INMATE DISCIPLINE › Subchapter 9 - DISCIPLINARY PROCEDURES › Section 10A:4-9.13 - Opportunity to call a witness(es) and present evidence

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Inmates shall be allowed to call a fact witness(es) (as this term is defined at 10A:4-1.3 ) and present documentary evidence in their defense. The Disciplinary Hearing Officer or Adjustment Committee has the discretion to keep the disciplinary hearing within reasonable limits. If requested, an inmate or counsel substitute shall be provided the opportunity to call and question in-person a fact witness(es) unless the Disciplinary Hearing Officer or Adjustment Committee determines that calling said witness(es) may be:
1. Unduly hazardous to the correctional facility/unit safety, security, orderly operation, or goals;
2. Irrelevant;
3. Likely to produce repetitive testimony;
4. Harassing or retaliatory against another;
5. For some malicious purpose;
6. A request to call a witness who is a confidential informant;
7. A request to call a witness who is not employed or is no longer employed by the Department of Corrections;
8. A request to call an inmate witness who is not in the custody of the Department of Corrections; or
9. A request to call an unavailable witness, as defined in this chapter. An unavailable witness may be asked to submit a written statement in lieu of an in-person appearance.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 4 - INMATE DISCIPLINE › Subchapter 9 - DISCIPLINARY PROCEDURES › Section 10A:4-9.14 - Confrontation and cross-examination

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The opportunity for confrontation and cross-examination of the accuser(s) and/or the State's witness(es), if requested, shall be provided to the inmate or counsel substitute in such instances where the Disciplinary Hearing Officer or Adjustment Committee deems it necessary for an adequate presentation of the evidence, particularly when serious issues of credibility are involved.
(b) The Disciplinary Hearing Officer or Adjustment Committee may refuse confrontation and cross-examination when confrontation and cross-examination is determined by the Disciplinary Hearing Officer or Adjustment Committee to be:
1. Unduly hazardous to the correctional facility/unit safety, security, orderly operation, or goals;
2. Irrelevant;
3. Likely to produce repetitive testimony;
4. Harassing or retaliatory against another;
5. For some malicious purpose;
6. A request to call a witness who is a confidential informant;
7. A request to call a witness who is not employed or no longer employed by the Department of Corrections;
8. A request to call a witness who is not in the custody of the New Jersey Department of Corrections; or
9. A request to call an unavailable witness, as defined in this chapter. An unavailable witness may be asked to submit a written statement answering cross-examination questions in lieu of an in-person appearance.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 4 - INMATE DISCIPLINE › Subchapter 9 - DISCIPLINARY PROCEDURES › Section 10A:4-9.15 - Evidence required

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A finding of guilt at a disciplinary hearing shall be based upon substantial evidence that the inmate has committed a prohibited act.
(b) Evidence relied upon in making a determination shall be specified on the Adjudication of Disciplinary Report form.
1. In any case in which the Disciplinary Hearing Officer or Adjustment Committee's decision of guilt is based on evidence which includes confidential information, adjudication shall contain:
i. A concise summary of the facts on which the Disciplinary Hearing Officer or Adjustment Committee concluded that the informant was creditable or his or her information reliable; and
ii. The informant's statement (either in writing or as reported) in language that is factual rather than a conclusion, and based on the informant's personal knowledge of the matters contained in such statement.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 4 - INMATE DISCIPLINE › Subchapter 9 - DISCIPLINARY PROCEDURES › Section 10A:4-9.16 - Modification of charge during disciplinary hearing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Whenever it becomes apparent at a disciplinary hearing that an incorrect prohibited act is cited in the disciplinary report but that the inmate may have committed another prohibited act, the Adjustment Committee or Disciplinary Hearing Officer shall modify the charge. The inmate shall be given the option of a 24-hour postponement to prepare his or her defense against the new charge or have the new charge adjudicated at that time.
(b) If, after reviewing the charge, the inmate's past disciplinary record and any special reports, the Disciplinary Hearing Officer or Adjustment Committee concludes that the infraction is of a minor nature that is suitable for handling as an on-the-spot correction, the charge may be referred back to the appropriate custody staff supervisor for handling under N.J.A.C. 10A:4-7, On-The-Spot Correction.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 4 - INMATE DISCIPLINE › Subchapter 9 - DISCIPLINARY PROCEDURES › Section 10A:4-9.17 - Disciplinary sanctions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The disciplinary action may be individualized by considering such factors as the:
1. Offender's past history of correctional facility adjustment;
2. Setting and circumstances of the prohibited behavior;
3. Involved inmate's account;
4. Correctional goals set for the inmate; and
5. The inmate's history of, or the presence of, mental illness.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 4 - INMATE DISCIPLINE › Subchapter 9 - DISCIPLINARY PROCEDURES › Section 10A:4-9.18 - Suspending sanctions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Adjustment Committee or Disciplinary Hearing Officer may suspend a sanction(s) imposed upon an inmate for a violation of a prohibited act when, in their opinion, such action is warranted by the particular circumstances of the case for 60 calendar days.
(b) The Administrator or designee may suspend a sanction(s) imposed upon an inmate for a violation of a prohibited act in all Categories (A through E) when, in his or her opinion such action is warranted by the particular circumstances of the case for 60 calendar days.
(c) When a sanction(s) is suspended, the inmate's behavior shall be watched closely for a period of time to see if his or her intentions to conform to the required code of behavior are sincere.
(d) If the inmate whose sanctions(s) has been suspended commits further violations of the rules or regulations of the correctional facility, the Adjustment Committee or Disciplinary Hearing Officer shall enforce the sanction(s) that was suspended and impose an additional sanction(s) for the new violation(s).
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 4 - INMATE DISCIPLINE › Subchapter 9 - DISCIPLINARY PROCEDURES › Section 10A:4-9.19 - Confiscation of contraband items

Current through Register Vol. 56, No. 14, July 15, 2024
All items determined to be contraband found in the inmate's possession shall be confiscated and disposed of in accordance with N.J.A.C. 10A:3-6, Contraband and Disposition of Contraband.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 4 - INMATE DISCIPLINE › Subchapter 9 - DISCIPLINARY PROCEDURES › Section 10A:4-9.20 - Guidance and referrals

Current through Register Vol. 56, No. 14, July 15, 2024
The Adjustment Committee or Disciplinary Hearing Officer shall give guidance to the inmate with respect to the reason for the rules and policies of the correctional facility. The elements of the inmate's behavior or attitude that are deemed to be unsatisfactory shall be pointed out.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 4 - INMATE DISCIPLINE › Subchapter 9 - DISCIPLINARY PROCEDURES › Section 10A:4-9.21 - Emergency transfer to another correctional facility or unit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When it shall appear that an inmate has committed a disciplinary infraction that requires the inmate's immediate transfer to the general population of another correctional facility or unit, or the Prehearing Disciplinary Housing Unit of another correctional facility or unit, the notice and disciplinary hearing shall be granted after the transfer.
(b) The Disciplinary Hearing Officer or Adjustment Committee assigned to the correctional facility to which the inmate has been transferred shall conduct the hearing.
(c) Staff at the sending correctional facility shall be responsible for preparing the disciplinary charges, conducting the investigation and delivering this material to the receiving correctional facility.
(d) The transfer of inmates in keep separate status shall be conducted in accordance with N.J.A.C. 10A:3-2.
(e) All due process safeguards shall be provided as soon after the transfer as practicable and shall be in compliance with this subchapter except that written statements of unavailable witnesses shall be liberally accepted instead of live testimony.
(f) No transfer as described in this subchapter shall be effected unless the Administrator and either the Assistant Commissioner or Director, Division of Operations (or the Commissioner or designee if both the Assistant Commissioner and the Director are unavailable) shall have determined that there are emergency conditions in the sending correctional facility justifying the transfer.
(g) Transfers of adjudicated delinquents 18 years of age or older from the Juvenile Justice Commission to the Department of Corrections shall be handled in accordance with N.J.A.C. 13:91-2.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 4 - INMATE DISCIPLINE › Subchapter 9 - DISCIPLINARY PROCEDURES › Section 10A:4-9.23 - Transfer from satellite units

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When a minimum security inmate at a satellite unit is charged with a serious disciplinary infraction requiring transfer for reasons of security to the main correctional facility, the inmate shall be provided with a disciplinary hearing at the main correctional facility.
(b) The satellite unit staff shall be responsible for preparing the disciplinary charges.
(c) The investigation shall be conducted by either staff of the main correctional facility or the satellite unit.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 4 - INMATE DISCIPLINE › Subchapter 9 - DISCIPLINARY PROCEDURES › Section 10A:4-9.24 - Disciplinary decision

Current through Register Vol. 56, No. 14, July 15, 2024
(a) After the hearing has been completed, a written statement of the fact-findings shall be given to the inmate by the Disciplinary Hearing Officer, the Adjustment Committee Chairperson, or by Disciplinary Staff. This statement shall include evidence relied upon, the decision and the reason for the disciplinary action taken, unless doing so would, in the discretionary opinion of the Disciplinary Hearing Officer or Adjustment Committee Chairperson, jeopardize correctional facility security. The written statement shall also indicate the reason for refusing to call a witness or to disclose items of evidence whether it be for irrelevance, lack of necessity, or other special circumstances presented in individual cases. When an inmate has been denied the opportunity for confrontation and cross-examination, the reason for such denial shall be entered in the record and made available to the inmate.
(b) A copy of the disciplinary decision shall be kept in the inmate's classification folder, unless the inmate has been adjudicated not guilty of the charge(s), in which case, the records of the charge(s) shall be expunged from the inmate's classification folder.
(c) If the inmate is adjudicated guilty, the decision shall be entered on the inmate's progress notes and included in reports submitted to the New Jersey State Parole Board.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 4 - INMATE DISCIPLINE › Subchapter 9 - DISCIPLINARY PROCEDURES › Section 10A:4-9.25 - Discipline record card

Current through Register Vol. 56, No. 14, July 15, 2024
For the purpose of assisting the Disciplinary Hearing Officer or Adjustment Committee in determining the appropriate sanction to impose, each correctional facility shall have available at the hearing a Discipline Record Card for each inmate. This card shall accompany the inmate should he/she be transferred to another correctional facility.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 4 - INMATE DISCIPLINE › Subchapter 9 - DISCIPLINARY PROCEDURES › Section 10A:4-9.26 - Expungement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If an inmate shall be adjudicated not guilty on a disciplinary charge, the results of the hearing shall not be entered onto the inmate's progress sheet. In addition, all references to the disciplinary charges (including any entry onto the progress sheet, the disciplinary report, the investigation report and the adjudication sheet) shall be removed from the inmate's classification folder. Copies of the disciplinary report, investigation and adjudication sheet shall be maintained by the correctional facility and the Disciplinary Hearing Officer or Adjustment Committee in the event of judicial review and for statistical and accounting purposes only. These records shall be maintained separately from the inmate's classification folder.
(b) In the event that a finding of guilt is rescinded on appeal and no further disciplinary action is taken, the inmate's records shall be expunged in accordance with the above procedure. Copies of the appeal and the disposition on appeal shall be forwarded to the Disciplinary Hearing Officer or Adjustment Committee for their records.
(c) The provisions of this subchapter shall be applicable to disciplinary reports prepared on or after September 1, 1980.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 4 - INMATE DISCIPLINE › Subchapter 9 - DISCIPLINARY PROCEDURES › Section 10A:4-9.27 - Reopening a disciplinary hearing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A finding of not guilty shall represent the final disposition of a disciplinary charge. Except when new information is discovered, an inmate may not be recharged with an offense for which the inmate has been found not guilty.
(b) New information shall be defined to include only information which was not available at the time of the initial hearing and which could not reasonably have been ascertained in the course of the correctional facility's investigation.
(c) Information which was overlooked as the result of a careless or incomplete investigation shall not be considered new information within the meaning of this subchapter.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 4 - INMATE DISCIPLINE › Subchapter 9 - DISCIPLINARY PROCEDURES › Section 10A:4-9.28 - Records of disciplinary reports

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A disciplinary report result sheet containing the following information regarding inmates who received disciplinary actions shall be prepared no less than weekly and submitted to the Administrator or designee:
1. The names of the inmates;
2. The inmate numbers;
3. The inmate housing locations;
4. The violations of the inmates;
5. The names of staff members who wrote the reports;
6. The disposition of the charges; and
7. The names of staff members who adjudicated the cases.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 4 - INMATE DISCIPLINE › Subchapter 11 - APPEALS OF DISCIPLINARY DECISIONS › Section 10A:4-11.1 - Time limit to file an appeal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When an inmate is provided a disciplinary decision, the Disciplinary Hearing Officer or Adjustment Committee shall advise the inmate in writing of his or her opportunity to appeal the decision to the Administrator or designee.
1. Inmates confined within correctional facilities shall have 48 hours from receipt of the disciplinary decision to make such appeal.
2. Inmates assigned to satellite units shall have 48 hours to present the appeal form to a designated individual at the unit who shall deliver it to the Administrator or designee.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 4 - INMATE DISCIPLINE › Subchapter 11 - APPEALS OF DISCIPLINARY DECISIONS › Section 10A:4-11.2 - Processing appeal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The inmate shall use the Appeal of Disciplinary Decision Form 256-I to request an appeal of a disciplinary decision.
(b) Upon submission of the appeal request, the person accepting the appeal form shall sign, date, and note the time in the inmate's presence and provide a copy to the inmate.
(c) The appeal form shall be brought to the office of the Administrator or designee during the same shift the appeal is received from the inmate.
(d) All appeals shall be considered by the Administrator or designee of the correctional facility in which the charge was received.
(e) If the inmate has been transferred before the appeal is heard, the appeal form shall be delivered to the Administrator or designee of the correctional facility from which the charges were issued within 48 hours of receipt of the form from the inmate.
(f) Inmates unable to complete the appeal request may request assistance from another inmate in preparing the request (the name of the preparer should appear on the request).
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 4 - INMATE DISCIPLINE › Subchapter 11 - APPEALS OF DISCIPLINARY DECISIONS › Section 10A:4-11.3 - Suspension of sanctions pending appeal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Inmates who wish to have their sanctions suspended pending a decision on their appeal, must make a request to the Administrator or designee for this consideration. If this request is not made, no action shall be taken to suspend any sanctions received in the disciplinary hearing.
(b) A disciplinary sanction shall not be suspended pending appeal unless the inmate establishes by clear and convincing evidence that the inmate's release from Prehearing Disciplinary Housing will not jeopardize correctional facility safety, security, and order, that witnesses or victims will not be intimidated, and that the inmate will not engage in any action that could otherwise interfere with the administration of justice.
(c) In those cases where the Administrator or designee grants the inmate's request for release from Prehearing Disciplinary Housing pending appeal, the release shall not preclude the correctional facility from denying outside privileges; such as, but not limited to, furloughs for the inmate even though other disciplinary sanctions are suspended pending the outcome of the appeal.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 4 - INMATE DISCIPLINE › Subchapter 11 - APPEALS OF DISCIPLINARY DECISIONS › Section 10A:4-11.4 - Investigation of appeal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Administrator or designee may order an independent investigation of the charge and proceedings of the disciplinary hearing in those instances in which the inmate's appeal and information furnished after the initial disciplinary hearing appear to warrant such action.
(b) The Administrator or designee shall have the option to request a total or partial reinvestigation of the charge or proceedings of the hearing. The reinvestigation may be conducted by any person or unit designated by the Administrator, provided, however, that the individual shall have had no contact with the issuance of the first investigation of the charge.
(c) The reinvestigation may include any of the components of the original investigation such as reinterviewing witnesses, inmates and custody staff, reevaluating reports and reexamining evidence.
(d) If on the basis of new evidence, the Administrator may also request a polygraph examination as part of the reinvestigation. Such requests shall be in accordance with N.J.A.C. 10A:3-7, Polygraph Examinations.
(e) In reviewing an appeal the following factors shall be considered:
1. Compliance with the subchapters on inmate discipline which prescribe procedural safeguards;
2. Whether the decision of the Disciplinary Hearing Officer or Adjustment Committee was based upon substantial evidence;
3. Whether the sanction imposed was proportionate to the offense in view of the inmate's recent disciplinary history and present custody status except in the case of a termination of contact visits sanction as established in 10A:4-5.1(c);
4. Whether the inmate has a history or presence of mental illness; and/or
5. Whether extenuating circumstances were considered.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 4 - INMATE DISCIPLINE › Subchapter 11 - APPEALS OF DISCIPLINARY DECISIONS › Section 10A:4-11.5 - Disposition of appeal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) At the conclusion of the Administrator's or designee's review of an appeal, one of the following actions shall be taken:
1. The Administrator or designee shall rescind the decision of the Disciplinary Hearing Officer or Adjustment Committee if the review and/or investigation indicates that the evidence fails to demonstrate that any violation was committed, or the Administrator or designee determines that there was such a failure to adhere to proper procedures at the initial hearing that the inmate had been irreparably prejudiced and would be unable to present a defense at a rehearing. No further disciplinary action shall be taken. The copies of the infraction and all notations concerning the infraction shall be promptly expunged from the inmate's records.
2. The Administrator or designee shall rescind the original decision and order a new hearing if the review and/or investigation indicates that procedural safeguards prescribed for inmate disciplinary hearings were not followed, or if new evidence not available at the original hearing is revealed. If a new hearing is ordered, there shall be no increase in the severity of the sanctions unless new evidence warrants such action.
3. The Administrator or designee shall downgrade the sanctions if the review and/or investigation indicates that the sanction is disproportionate to the offense in accordance with factors enumerated in N.J.A.C. 10A:4-9, Disciplinary Procedures, except in the case of a termination of contact visits sanction as established in 10A:4-5.1(c).
4. The Administrator or designee shall order a new hearing if the review and/or investigation indicates that the evidence does not support the findings of the Adjustment Committee or Disciplinary Hearing Officer but would support some form of disciplinary action for a lesser offense than that with which the inmate was charged.
5. The Administrator or designee, in all other cases, shall uphold the decision of the Adjustment Committee or Disciplinary Hearing Officer and make no change in the penalty.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 4 - INMATE DISCIPLINE › Subchapter 11 - APPEALS OF DISCIPLINARY DECISIONS › Section 10A:4-11.6 - Policy regarding rehearings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If a rehearing is required, the inmate shall be accorded all procedural rights applicable to a disciplinary hearing.
(b) The hearing body may be the same as that which heard the original charge unless the composition of that body was the procedural defect requiring the rehearing or unless there is a substantial likelihood of prejudice.
1. In the absence of exceptional circumstances, a re-hearing shall be scheduled no more than 14 calendar days from the date of the original hearing.
2. When a disciplinary sanction has not been suspended pending the outcome of the appeal, a rehearing shall be scheduled within 24 hours of the decision of the Administrator or designee to have the matter reheard, excluding weekends and holidays, in the absence of exceptional circumstances.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 4 - INMATE DISCIPLINE › Subchapter 11 - APPEALS OF DISCIPLINARY DECISIONS › Section 10A:4-11.7 - Notification of inmate on appeal results

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In all cases, the inmate shall be notified in writing of the results of the review of the inmate's appeal and the reasons therefor.
1. If an inmate is being held in Prehearing Disciplinary Housing, which resulted from disciplinary action, the written decision on the appeal shall be given to the inmate within 72 hours of receipt of the appeal, excluding weekends and holidays, in the absence of exceptional circumstances.
2. In all other cases, or if the sanctions have been suspended, the Administrator, or designee, shall respond in writing to the inmate within seven business days of receipt of the appeal.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 4 - INMATE DISCIPLINE › Subchapter 11 - APPEALS OF DISCIPLINARY DECISIONS › Section 10A:4-11.8 - Expungement

Current through Register Vol. 56, No. 14, July 15, 2024
Expungement of a disciplinary charge when an inmate has been found not guilty, shall be done in accordance with N.J.A.C. 10A:4-9, Disciplinary Procedures.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 4 - INMATE DISCIPLINE › Subchapter 12 - ZERO TOLERANCE POLICIES OF THE DEPARTMENT OF CORRECTIONS › Section 10A:4-12.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In addition to the prohibited acts set forth in this chapter, the Department of Corrections maintains zero tolerance policies as set forth in this subchapter.
(b) The purpose of this subchapter is to:
1. Provide notice to inmates, staff, visitors, volunteers, and other affected individuals that the Department maintains a zero tolerance for certain prohibited and/or criminal acts and for the unauthorized use, misuse, possession, distribution, sale or intent to distribute or sell certain items;
2. Create a safe, secure and orderly environment for correctional facility inmates, staff, volunteers and visitors; and
3. Ensure a disciplinary process that deters certain behaviors and is consistent with correctional objectives.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 4 - INMATE DISCIPLINE › Subchapter 12 - ZERO TOLERANCE POLICIES OF THE DEPARTMENT OF CORRECTIONS › Section 10A:4-12.2 - Zero tolerance policies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following zero tolerance policies, as defined in 10A:1-2.2, are maintained by the Department:
1. "Zero Tolerance Drug/Alcohol Policy"; and
2. "Zero Tolerance for Misuse or Possession of an Electronic Communication Device Policy."