reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 9 - CLASSIFICATION PROCESS › Subchapter 2 - OBJECTIVE CLASSIFICATION PROCESS › Section 10A:9-2.7 - Objective criteria for the Reclassification Instrument for Female Inmates

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon review of the inmate's classification file, each of the criteria established in (b) below shall be assessed by a Technical Assistant or above, and assigned points in accordance with the assessment scales indicated. The total points shall determine the custody status score on the Reclassification Instrument for Female Inmates as follows (see
10A:9-4.3
, Custody status):
1. An inmate's score of 15 points or more shall indicate a recommendation for placement into maximum custody status;
2. An inmate's score of seven to 14 points shall indicate a recommendation for placement into medium custody status;
3. An inmate's score of six points or less shall indicate a recommendation for placement into minimum custody status.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 9 - CLASSIFICATION PROCESS › Subchapter 2 - OBJECTIVE CLASSIFICATION PROCESS › Section 10A:9-2.8 - Severity of Offense Scale

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Severity of Offense Scale shall be used to assess the seriousness of an inmate's current offenses and an inmate's prior assaultive offense history. The Severity of Offense Scale has the following levels based on the degree of the sentence imposed. See
10A:9-2.4(c)
(for males) and 2.5(c) (for females) for point values of the Initial Instruments and
10A:9-2.6(b)
(for males) and 2.7(b) (for females) for point values of the Reclassification Instruments.
(b) The following offenses appear at the highest level of the Severity of Offense Scale:
1.
2C:11-1
et seq. Criminal Homicide--all 1st degree offenses, including
2C:11-5
, Death by Auto-1st degree;
2.
										2C:12-1 et seq. Assault, Reckless Endangering; Threats--all 1st and 2nd degree offenses (except 2C:12-11(a)  Disarming a Law Enforcement, Corrections Officer--2nd degree which is considered to be at the high level);
3.
										2C:13-1 et seq. Kidnapping and Related Offenses: Coercion--all 1st degree offenses;
4.
										2C:14-1 et seq. Sexual Offenses--all 1st degree offenses;
5.
										2C:15-1 et seq. Robbery--all 1st degree offenses;
6.
										2C:29-5(a)  Escape--2nd degree;
7.
										2C:29-5(c)  Escape--2nd degree;
8.
										2C:35-3 Leader of Narcotics Trafficking Network--1st degree;
9.
										2C:35-4 Maintaining or Operating a Controlled Dangerous Substance Production Facility--1st degree; or
10. Any offense for which an offender was sentenced to an extended term of imprisonment pursuant to 2C:44-3.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 9 - CLASSIFICATION PROCESS › Subchapter 2 - OBJECTIVE CLASSIFICATION PROCESS › Section 10A:9-2.9 - Escape History Scale for Male Inmates

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following Escape History Scale for Male Inmates shall be used to assess an inmate's escape history and assign points on the Initial and Reclassification Instruments for Male Inmates:
1. Inmates with zero escapes within the last five years of incarceration shall receive zero points;
2. Inmates with an escape or attempted escape from minimum or community custody with no actual or threatened violence shall receive:
i. One point if the inmate has been back in custody more than one year since the incident; or
ii. Three points if the inmate has been back in custody one year or less since the incident; or
3. Inmates with an escape or attempted escape from medium custody or above, or an escape from minimum or community custody with actual or threatened violence, shall receive:
i. Five points if the inmate has been back in custody more than one year since the incident; or
ii. Seven points if the inmate has been back in custody one year or less since the incident.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 9 - CLASSIFICATION PROCESS › Subchapter 2 - OBJECTIVE CLASSIFICATION PROCESS › Section 10A:9-2.10 - Escape History Scale for Female Inmates

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following Escape History Scale for Female Inmates shall be used to assess an inmate's escape history and assign points on the Initial and Reclassification Instruments for Female Inmates:
1. Inmates with zero escapes within the last five years of incarceration shall receive zero points;
2. Inmates with an escape or attempted escape from minimum or community custody with no actual or threatened violence shall receive:
i. One point if the inmate has been back in custody more than one year since the incident; or
ii. Three points if the inmate has been back in custody one year or less since the incident; or
3. Inmates with an escape or attempted escape from medium custody or above, or an escape from minimum or community custody with actual or threatened violence shall receive:
i. Four points if the inmate has been back in custody more than one year since the incident; or
ii. Six points if the inmate has been back in custody one year or less since the incident.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 9 - CLASSIFICATION PROCESS › Subchapter 2 - OBJECTIVE CLASSIFICATION PROCESS › Section 10A:9-2.11 - Institutional Violence Scale for Male Inmates

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following Institutional Violence Scale shall be used to assess an inmate's institutional violence history and to assign points on the Initial and Reclassification Instruments for Male Inmates:
1. Inmates with no institutional disciplinary reports involving violence shall receive zero points; or
2. Inmates with an institutional disciplinary report including violence shall receive five points.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 9 - CLASSIFICATION PROCESS › Subchapter 2 - OBJECTIVE CLASSIFICATION PROCESS › Section 10A:9-2.12 - Institutional Violence Scale for Female Inmates

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following Institutional Violence Scale for Female Inmates shall be used to assess an inmate's institutional violence history and to assign points on the Initial and Reclassification Instruments for Female Inmates:
1. Inmates with no institutional disciplinary reports involving violence shall receive zero points; or
2. Inmates with an institutional disciplinary report including violence shall receive three points.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 9 - CLASSIFICATION PROCESS › Subchapter 2 - OBJECTIVE CLASSIFICATION PROCESS › Section 10A:9-2.13 - Severity of Offense-Disciplinary Infractions Scale

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Severity of Offense--Disciplinary Infractions Scale shall be used to assess an inmate's most serious disciplinary infraction received in the previous 12 months of incarceration. The Severity of Offense--Disciplinary Infraction Scale has the following categories and point values:
1. Category A: seven points;
2. Category B: five points;
3. Category C: three points;
4. Category D: two points;
5. Category E and none: zero points; and
6. Category F: zero points if the Drug Diversion Program is successfully completed, otherwise five points.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 9 - CLASSIFICATION PROCESS › Subchapter 3 - INSTITUTIONAL CLASSIFICATION COMMITTEE (I.C.C.) › Section 10A:9-3.1 - Responsibilities of the Institutional Classification Committee (I.C.C.)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Under the direction of the Commissioner, each correctional facility shall establish an I.C.C. (see N.J.A.C. 10A:1-2.3), which shall be responsible for:
1. Assignment of inmates to work, educational, vocational and treatment programs appropriate to their needs;
2. Monitoring the progress of inmates by performing periodic reviews to ensure that rehabilitative efforts are being maximized;
3. Review of inmate applications for change in custody status.
i. Under the direction of the Commissioner, all I.C.C. custody status change reviews resulting in denial of full minimum custody status require a second review by Classification Services -Central Office (see N.J.A.C. 10A:1-2.3) to support, or not support, initial I.C.C. findings. Inmates shall not be informed of initial I.C.C. decisions when a second review is required (see N.J.A.C. 10A:9-3.12); inmates shall be informed only of the final decision for a status change to full minimum custody status following conclusion of all appropriate reviews;
4. Review of inmate requests for transfer to other facilities;
5. Making changes in the housing or program assignments of inmates;
6. Review and approval, or disapproval, of inmates for participation in community release programs.
i. Under the direction of the Commissioner, all I.C.C. reviews resulting in approval for participation in a community release program, and agreed to by the facility administrator, require a second review by COHQ staff members of the Office of Community Programs (OCP) Review Committee (See N.J.A.C. 10A:1-2.3) to approve or disapprove I.C.C. findings. Inmates shall not be informed of initial I.C.C. decisions when a second review is required (see N.J.A.C. 10A:9-3.12); inmates shall be informed only of the final decision for RCP participation following conclusion of all appropriate reviews.
7. Confirmation or modification of the imposition of a Restorative Housing Unit sanction;
8. Review of Restrictive Activities Program assignments at the Adult Diagnostic and Treatment Center (A.D.T.C.); and
9. Review of referrals from the Disciplinary Hearing Officers.
10. Review and approval or disapproval of applications for the Electronic Monitoring/Home Confinement Program.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 9 - CLASSIFICATION PROCESS › Subchapter 3 - INSTITUTIONAL CLASSIFICATION COMMITTEE (I.C.C.) › Section 10A:9-3.2 - Composition of the Institutional Classification Committee (I.C.C.)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The members of the Institutional Classification Committee (I.C.C.) at each of the correctional facilities shall be composed of the:
1. Administrator, Associate Administrator, Assistant Superintendent, or designee;
2. Director of Education or designee;
3. Social Work Supervisor or designee;
4. Correction Major or custody supervisor designee; and
5. Supervising Classification Officer or Classification designee of the title of Technical Assistant or above, excluding the Classification Officer Apprentice title.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 9 - CLASSIFICATION PROCESS › Subchapter 3 - INSTITUTIONAL CLASSIFICATION COMMITTEE (I.C.C.) › Section 10A:9-3.3 - Institutional Classification Committee (I.C.C.) decision-making criteria

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Decisions on transfers and assignments to housing; work, educational, vocational, or treatment programs; custody status; and residential community programs shall be made after consideration of the following factors:
1. The objective classification scoring results (excluding inmates committed to A.D.T.C.);
2. Needs and interests expressed by inmate;
3. Age;
4. Family status;
5. Social contacts with family and friends;
6. Correctional facility adjustment;
7. Residential community program adjustment;
8. Educational history and needs;
9. Vocational history and needs;
10. Military history;
11. Nature and circumstance of present offense, including whether it was committed in an especially heinous, cruel, or depraved manner (N.J.S.A. 2C:44);
12. Prior offense record;
13. Records from previous confinement;
14. Detainers on file or pending;
15. Substance dependency and/or involvement;
16. Sexual adjustment;
17. History of escape, attempted escape or propensity for escape;
18. Current psychological and/or psychiatric reports;
19. Medical history and recommendations;
20. Arson history;
21. A conviction for any offense that resulted in a life sentence when one or more of the following aggravating circumstances are in the inmate's present or prior offense history (see N.J.S.A. 2C:44-1a.)
i. Grave or serious harm inflicted on a victim, including whether or not the offender knew or reasonably should have known that the victim was particularly vulnerable or incapable of resistance due to advanced age, ill health, or extreme youth, or for any other reason, the victim was substantially incapable of exercising normal physical or mental power of resistance;
ii. A substantial likelihood that the offender was involved in organized criminal activity;
iii. The offender committed the present offense pursuant to an agreement that he or she either pay or be paid for the commission of the offense and the financial incentive was beyond that inherent in the offense itself;
iv. The offender committed the offense against a police or other law enforcement officer, correctional employee or fireman, acting in the performance of his or her duties while in uniform or exhibiting evidence of his or her authority and/or the offender committed the offense because of the status of the victim as a public servant;
22. Needs of the correctional facility; and/or
23. Any other factor pertinent to the inmate's case.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 9 - CLASSIFICATION PROCESS › Subchapter 3 - INSTITUTIONAL CLASSIFICATION COMMITTEE (I.C.C.) › Section 10A:9-3.4 - Institutional classification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon transfer to a correctional facility/unit or its satellite, an inmate shall be interviewed and may be tested to determine the inmate's aptitudes, abilities, interests and problems.
(b) The inmate's appearance before the Institutional Classification Committee (I.C.C.) shall occur within 21 days after admission to the correctional facility.
(c) The Institutional Classification Committee (I.C.C.) or Administrator of the receiving correctional facility may appeal a Central Reception Assignment Facility (CRAF) custody status assignment and/or correctional facility/unit assignment when, in the opinion of the I.C.C. or Administrator, the CRAF assignment is not appropriate.
1. Appeals shall include Form CRAF-001, a copy of the scored objective classification instrument, and any supporting material;
2. Appeals shall be faxed to the CRAF within two business days of the I.C.C. review;
3. Appeals initiated after two business days shall be submitted to the Director, Division of Operations;
4. Appeals shall be forwarded by the CRAF to the Director, Division of Operations for review;
5. The receiving correctional facility has the authority to keep the inmate at a higher custody status until the appeal process has been completed; and
6. Results of an appeal shall be available to the receiving correctional facility Administrator no later than one week following receipt of the appeal by the Director, Division of Operations.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 9 - CLASSIFICATION PROCESS › Subchapter 3 - INSTITUTIONAL CLASSIFICATION COMMITTEE (I.C.C.) › Section 10A:9-3.5 - Review dates

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Inmates shall be scheduled for a review date at initial classification that is at least six months and no more than 12 months from the date of initial classification.
(b) Placement and programming assignments for each transgender or intersex inmate shall be scheduled for review every six months. Updated medical/mental health assessments shall be completed prior to this meeting.
(c) Whenever a State-sentenced inmate housed in an adult county correctional facility is transferred to his or her initial classification correctional facility/unit assignment prior to his or her scheduled review date, the review shall be re-scheduled to a date at least six months and no more than 12 months from the date of the inmate's arrival at the assigned facility. (See 10A:9-2.3, Administration of objective classification scoring instruments.)
(d) Inmates shall be scored on the Reclassification Instrument at the review following initial classification.
(e) If an objective classification scoring instrument override was used during initial classification and the reasons for the override cease to apply within six months, the inmate shall be rescored on the Initial Instrument.
(f) The frequency of case review and revaluation on the Reclassification Instrument shall be at intervals of three to 12 months as determined by the Institutional Classification Committee (I.C.C.) or a change in the inmate's status. A copy of the scored Reclassification Instrument shall be provided to the inmate by the correctional facility within one week of the I.C.C. review. Factors that may be considered include:
1. Parole date changes;
2. Sentence changes;
3. Changes in personal needs;
4. Referrals from the Disciplinary Hearing Officer; or
5. Other situations arising which make a case review appropriate.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 9 - CLASSIFICATION PROCESS › Subchapter 3 - INSTITUTIONAL CLASSIFICATION COMMITTEE (I.C.C.) › Section 10A:9-3.6 - Special reviews

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Inmates desiring a special review of their case because of a change in status may submit a written request indicating the reason for the review to the staff member(s) designated by the Administrator.
(b) It shall be the responsibility of the staff member to determine if the requested review is appropriate, and the reports that will be necessary for consideration. If the review is recommended, the staff member will forward all appropriate information to the Institutional Supervising Classification Officer.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 9 - CLASSIFICATION PROCESS › Subchapter 3 - INSTITUTIONAL CLASSIFICATION COMMITTEE (I.C.C.) › Section 10A:9-3.7 - Discussions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An inmate's case may be brought to the attention of the Institutional Classification Committee (I.C.C.) prior to his or her review date upon referral by a staff member or a correctional facility committee for the purpose of making a change in:
1. Work assignment;
2. Custody status;
3. Housing assignment; or
4. Program assignment.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 9 - CLASSIFICATION PROCESS › Subchapter 3 - INSTITUTIONAL CLASSIFICATION COMMITTEE (I.C.C.) › Section 10A:9-3.8 - Work assignments

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Decisions on inmate work assignments shall be made by the Institutional Classification Committee (I.C.C.) based upon:
1. Physical condition;
2. Mental and mechanical aptitudes;
3. Past work experience;
4. Occupational interests;
5. Vocational needs of the inmate;
6. Opportunities upon release; and
7. Availability of jobs within the correctional facility.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 9 - CLASSIFICATION PROCESS › Subchapter 3 - INSTITUTIONAL CLASSIFICATION COMMITTEE (I.C.C.) › Section 10A:9-3.9 - Educational assignments

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Determining factors in referring an inmate to an educational program may include, but are not limited to:
1. Recommendation of the Supervisor of Educational Programs;
2. Test results;
3. Interest and aptitude of the inmate;
4. Sentence length; and/or
5. Community employment plan.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 9 - CLASSIFICATION PROCESS › Subchapter 3 - INSTITUTIONAL CLASSIFICATION COMMITTEE (I.C.C.) › Section 10A:9-3.10 - Counseling assignments

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Inmates with emotional and/or personal problems may be referred to the appropriate staff members for counseling or therapy.
(b) Inmates may be approved for group counseling and other therapy programs by the Institutional Classification Committee (I.C.C.) and may be assigned by the staff member in charge of the program.
(c) Inmates may be removed from these programs only by the decision of the I.C.C.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 9 - CLASSIFICATION PROCESS › Subchapter 3 - INSTITUTIONAL CLASSIFICATION COMMITTEE (I.C.C.) › Section 10A:9-3.11 - Reassignments

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Reassignments are cases referred to the Institutional Classification Committee (I.C.C.) for a change in some area of an inmate's program.
(b) Any change in or addition to the inmate's institutional program shall be made by the I.C.C. Reassignments may be made upon inmate or staff request, when deemed necessary.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 9 - CLASSIFICATION PROCESS › Subchapter 3 - INSTITUTIONAL CLASSIFICATION COMMITTEE (I.C.C.) › Section 10A:9-3.12 - Residential community programs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Institutional Classification Committee (I.C.C.) may provide initial approval of an eligible inmate for participation in a residential community program in accordance with applicable provisions of N.J.A.C. 10A:1-2.3 and 10A:20 when the inmate has been classified to full minimum custody status and meets the criteria for assignment to the program. The approval also requires the concurrence of the facility administrator.
(b) Under the direction of the Commissioner, a second review by individuals, work groups, and/ or committees from the Office of Community Programs (OCP) at COHQ (see N.J.A.C. 10A:1-2.3) is required to approve or disapprove all initial review approvals for inmate residential community program participation.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 9 - CLASSIFICATION PROCESS › Subchapter 3 - INSTITUTIONAL CLASSIFICATION COMMITTEE (I.C.C.) › Section 10A:9-3.13 - Transfers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except for inmates assigned to the Adult Diagnostic and Treatment Center (A.D.T.C.), the I.C.C. of the correctional facility where the inmate is currently housed shall review an inmate's request for transfer to another correctional facility.
(b) When the I.C.C. has determined that the inmate meets the criteria for assignment to a correctional facility within the security level indicated by the inmate's custody status, the I.C.C. shall recommend such transfer to the Administrator where the inmate is currently housed.
(c) In cases where an inmate's correctional facility adjustment and/or custody status indicates that a transfer to another correctional facility is appropriate, or when transfer is requested by an inmate, an Agreement of Transfer form shall be initiated by the Administrator of the sending facility. If the Administrator of the correctional facility to which the inmate transfer is requested signs the form, the sending facility shall forward the completed form to the intake coordinator, or designee, at the Intake Unit for submission to the Director, Division of Operations, or designee, for consideration for approval/disapproval.
(d) If, in the opinion of the Administrator of the correctional facility in which the inmate is housed, an immediate transfer is necessary, the Administrator shall notify the Assistant Commissioner or Director, Division of Operations of the proposed transfer. With the verbal approval of the Assistant Commissioner or designee, the transfer shall be made as soon as possible.
(e) The Authorization for Emergency Transfer form shall be utilized for disciplinary or administrative transfers of an emergency nature. Two copies of the form shall be forwarded to the Assistant Commissioner or designee from whom verbal approval was secured within three business days of the verbal approval.
(f) In determining the need for an inmate's emergency transfer, the Administrator shall consider the following factors, but is not limited to these factors:
1. The safety and welfare of the inmate;
2. The safety of other inmates and staff; and
3. The safe, orderly and secure operation of the correctional facility.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 9 - CLASSIFICATION PROCESS › Subchapter 3 - INSTITUTIONAL CLASSIFICATION COMMITTEE (I.C.C.) › Section 10A:9-3.14 - Required reviews

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Inmate records shall be rescored on the objective classification scoring instrument used at the last review when there is a change in sentencing or official record information that affects one or more of the following criteria assessed on an objective classification scoring instrument:
1. Severity of current offense;
2. Prior assaultive offense history;
3. Escape history;
4. Prior felony convictions; or
5. Stability factors--Initial Instrument only.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 9 - CLASSIFICATION PROCESS › Subchapter 3 - INSTITUTIONAL CLASSIFICATION COMMITTEE (I.C.C.) › Section 10A:9-3.15 - Written procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each correctional facility shall develop written classification procedures that are in accordance with this subchapter.
(b) These written procedures shall be reviewed and updated annually and submitted to the Central Office Headquarters (COHQ), for review and approval.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 9 - CLASSIFICATION PROCESS › Subchapter 4 - ELIGIBILITY CRITERIA FOR REDUCED CUSTODY CONSIDERATION › Section 10A:9-4.1 - Eligibility for reduced custody

Current through Register Vol. 56, No. 14, July 15, 2024
(a) There are six categories of custody status within the New Jersey Department of Corrections:
1. Close custody;
2. Maximum custody;
3. Medium custody;
4. Gang minimum custody;
5. Full minimum custody; and
6. Community custody.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 9 - CLASSIFICATION PROCESS › Subchapter 4 - ELIGIBILITY CRITERIA FOR REDUCED CUSTODY CONSIDERATION › Section 10A:9-4.3 - Custody status

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Inmates classified as "close custody status" shall be assigned to selected activities such as work and recreation within the confines of the unit under continuous supervision.
(b) Inmates classified as "maximum custody status" shall be assigned to activities within the confines of the correctional facility under continuous supervision.
(c) Inmates classified as "medium custody status" shall be assigned to activities inside the security perimeter of the correctional facility under frequent and direct observation of staff.
(d) Inmates classified as "gang minimum custody status" may be assigned to activities or jobs which routinely require them to move outside the security perimeter of the correctional facility, but on the grounds of the facility and under continuous supervision of a custody staff member, civilian instructor or other employee authorized to supervise inmates. The time served in gang minimum custody status shall be at the discretion of the Institutional Classification Committee (I.C.C.).
(e) Inmates classified as "full minimum custody status" are those assigned to:
1. Work details, jobs or programs outside the main correctional facility, (on or off the grounds of the facility) with minimal supervision; and/or
2. A satellite unit or minimum security unit.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 9 - CLASSIFICATION PROCESS › Subchapter 4 - ELIGIBILITY CRITERIA FOR REDUCED CUSTODY CONSIDERATION › Section 10A:9-4.4 - Authority of classification committees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Changes in inmate custody status within a particular correctional facility shall be made by the Institutional Classification Committee (I.C.C.).
1. In an emergency situation, or when additional information is received which negatively affects an inmate's suitability to remain in reduced custody, the inmate's custody level may be increased by order of the Administrator, Associate Administrator, Assistant Superintendent, or Correction Major.
2. Custody level changes initiated due to conditions in (a)1 above must be reviewed and approved by the I.C.C. as soon as is reasonably feasible.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 9 - CLASSIFICATION PROCESS › Subchapter 4 - ELIGIBILITY CRITERIA FOR REDUCED CUSTODY CONSIDERATION › Section 10A:9-4.5 - Discretion of Institutional Classification Committee (I.C.C.); factors to be considered

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In making decisions to reduce an inmate's custody status, the I.C.C. shall take into consideration all relevant factors. These factors may include, but are not limited to:
1. Field account of the present offense;
2. Prior criminal record;
3. Previous incarcerations;
4. Correctional facility adjustment;
5. Residential community program adjustment;
6. The objective classification score;
7. Reports from professional and custody staff;
8. A conviction for a present or prior offense that resulted in a life sentence; and
9. Any reason which, in the opinion of the Administrator and the I.C.C., relates to the best interests of the inmate or the safe, orderly operation of the correctional facility or the safety of the community or public at large.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 9 - CLASSIFICATION PROCESS › Subchapter 4 - ELIGIBILITY CRITERIA FOR REDUCED CUSTODY CONSIDERATION › Section 10A:9-4.6 - Criteria for consideration for gang minimum custody status and full minimum custody status

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as provided in 10A:9-4.7 and 4.8, inmates who meet the criteria set forth in this section are eligible to be considered for full minimum custody status preceded by the successful completion of a period of time in gang minimum custody status. Pursuant to 10A:9-4.3(d), the amount of time served in gang minimum custody status shall be at the discretion of the Institutional Classification Committee (I.C.C.).
1. Inmates housed at Edna Mahan Correctional Facility for Women (EMCF) who meet the criteria set forth in this section are eligible to be considered for full minimum custody status without the prerequisite of a successful completion of a period of time in gang minimum custody status.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 9 - CLASSIFICATION PROCESS › Subchapter 4 - ELIGIBILITY CRITERIA FOR REDUCED CUSTODY CONSIDERATION › Section 10A:9-4.7 - Eligibility limitations for reduced custody status

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Inmates serving sentences for the offenses described below are not eligible to be considered for any type of reduced custody status, except those inmates housed at the Adult Diagnostic and Treatment Center (A.D.T.C.) described in 10A:9-4.8(c)3.
(b) In no case may offenses adjudicated by a juvenile court be the sole basis for excluding an inmate from consideration.
(c) An inmate who has two or more convictions, either present, prior, or a combination of present and prior for the offenses listed below, or for attempts or conspiracies to commit these offenses (see N.J.S.A. 2C:5-1 and 5-2) under the laws of this State, or any comparable offenses from any other state or the United States, is not eligible for reduced custody:
1. The sexual offenses are as follows:
2C:11-3(3
Murder in which the underlying crime is sexual assault;
2C:13-1
Kidnapping, if a sexual component exists;
2C:13-2
Criminal restraint, if a sexual component exists;
2C:13-3
False imprisonment, if a sexual component exists;
2C:13-6
Luring, enticing child by various means, attempts;
2C:34-1b.(3)
Promotion of prostitution of a child under 18;
2C:34-1b.(4)
Promotion of prostitution of the actor's child,
ward, or any other person for whose care the actor is
responsible;
2C:14-2
Sexual assault; aggravated sexual assault;
2C:14-3
Aggravated criminal sexual contact; criminal
sexual contact;
2C:24-4
Endangering welfare of children where the official version of the crime indicates that the inmate engaged in sexual contact pursuant to 2C:24-4.a(1) or committed an offense under 2C:24-4.b(3), (4), or (5);
2C:47-1
Et seq. any conviction obtained under this
section;
2A:86-3
Abduction of female under age 18 for purpose of
marriage or carnal abuse;
2A:90-2
Assault with intent to commit rape or sodomy, or
to carnally abuse a female under the age of 16, with
or without her consent;
2A:96-3
Debauching or impairing the morals of a child
under the age of 16;
2A:138-1
Rape or carnal abuse;
2A:138-2
Carnal knowledge of female inmates of a home or
institution for the feeble minded or mentally ill;
2A:143-1
Sodomy;
2A:143-2
Sodomy with children under 16;
2A:85-5
Attempt to commit any of the foregoing offenses;
2A:85-14
Aiding and abetting the commission of any of the
foregoing offenses;
2A:98-1
Conspiracy to commit any of the foregoing
offenses; and/or
2A:164-3
Any conviction obtained under this section, except
lewdness; and/or
2. The other offenses are as follows:
2C:13-1
Kidnapping, if the victim is a minor, the offender
is not the parent and a sexual component does not
exist;
2C:13-2a. and b.
Criminal restraint, if the victim is a minor, the
offender is not the parent and a sexual component
does not exist; and
2C:13-3
False imprisonment, if the victim is a minor, the
offender is not the parent and a sexual component
does not exist.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 9 - CLASSIFICATION PROCESS › Subchapter 4 - ELIGIBILITY CRITERIA FOR REDUCED CUSTODY CONSIDERATION › Section 10A:9-4.8 - Criteria for consideration for gang minimum custody status only

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Inmates who meet the criteria set forth in this section shall be eligible to be considered for gang minimum custody status but not for full minimum custody status.
(b) In no case shall offenses adjudicated by a juvenile court be the sole basis for excluding an inmate from consideration.
(c) An inmate who is presently serving a sentence for one count of a sexual offense or criminal attempt and/or conspiracy to commit a sexual offense and has no prior adult convictions for sexual offenses, or an inmate who is presently serving a sentence for an offense that does not preclude reduced custody status but who has a prior adult conviction for one count of a sexual offense or criminal attempt and/or conspiracy to commit a sexual offense, may be considered for gang minimum custody status provided:
1. The inmate is otherwise eligible according to the criteria set forth in this subchapter;
2. There is a psychiatric or psychological evaluation, not more than six months old, which focuses specifically on the inmate's criminal sexual behavior and his or her likelihood for success in reduced custody status; or
3. The inmate is housed at the Adult Diagnostic and Treatment Center (A.D.T.C.) and is approved for reduced custody status by the Institutional Classification Committee (I.C.C.) and Administrator of A.D.T.C., only for job assignment on A.D.T.C. property.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 9 - CLASSIFICATION PROCESS › Subchapter 4 - ELIGIBILITY CRITERIA FOR REDUCED CUSTODY CONSIDERATION › Section 10A:9-4.9 - Assignment of inmates to minimum units (except Jones Farm and Rahway Camp)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Only those inmates who are classified as full minimum custody status may be assigned to minimum units.
(b) When assigning inmates to minimum units, the Institutional Classification Committee (I.C.C.) may consider the following factors:
1. Notoriety or reputation of a particular inmate in the surrounding community;
2. Proximity of the minimum unit to the local community;
3. Impact on community relations with the parent correctional facility, considering the inmate's criminal history and present record of incarceration; and
4. Any other factor which the Administrator or I.C.C. deems relevant to the inmate's successful placement at a minimum unit.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 9 - CLASSIFICATION PROCESS › Subchapter 5 - COMMUTATION AND WORK TIME › Section 10A:9-5.1 - Authority

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Commutation credit is awarded to inmates pursuant to N.J.S.A. 30:4-140, which provides:
1. For every year or fractional part of a year of custodial sentence imposed upon any person there shall be remitted to the person from both the maximum and minimum terms of the person's sentence, for continuous orderly deportment, the progressive commutation credits indicated in the schedule herein. When a sentence contains a fractional part of a year contained in either the minimum or maximum sentence requirement, then time credits shall be calculated at the rate set forth below. Column one is the number of years of the sentence in whole numbers. Column two is the number of progressive credits in days associated with the number of years in column one. Column three is the number of days associated with each full month in excess of a full year. In order to determine the entire number of credit days available, the following formula should be applied. Number of days in Column two + (Number of months in excess of the full year multiplied by Column three) = Total potential credit days available. For example: if the sentence is three years, six months, then the number of years in the sentence appears in the first column and the corresponding credits in the middle column are 252. The credits for each month over the initial three years appears in the last column and is applied per month. In other words, the credit for six months at eight credits per month equals 48 days. Based on the table, the total commutation credits for three years, six months is 300 days (252 plus 48). If the sentence is eight years, two months, then the credits for eight years equals 756 and the monthly credits are 10 days per month, or 20 days for a total of 776 days (756 plus 20).
Minimum and Maximum Sentences in Years
Progressive Credits for Minimum and Maximum Sentences in Years (Days)
Credits for Each Full Month of Fractional Part of a Year in Excess of Column One (Days
1
72
7
2
156
8
3
252
8
4
348
8
5
444
8
6
540
8
7
636
10
8
756
10
9
876
10
10
996
10
11
1,116
10
12
1,236
11
13
1,368
11
14
1,500
11
15
1,632
11
16
1,764
11
17
1,896
12
18
2,040
12
19
2,184
12
20
2,328
12
21
2,472
12
22
2,616
13
23
2,772
13
24
2,928
13
25
3,084
15
26
3,264
15
27
3,444
15
28
3,624
15
29
3,804
15
30
3,984
16
2. Commutation credit will not reduce the statutory mandatory minimum term.
3. When a sentence contains a fractional part of a year in either the minimum or maximum thereof, then commutation credits in reduction of the fractional part of a year shall be calculated at the rate set out in the schedule for each full month of the fractional part of a year of sentence.
4. Commutation credit for time served by any person in custody between their arrest and the imposition of sentence *shall* be applied *in accordance with P.L. 2019, c. 364, which was effective on February 1, 2021*.
5. Commutation credits may be declared to be forfeited pursuant to N.J.A.C. 10A:9-5.3 and 5.4.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 9 - CLASSIFICATION PROCESS › Subchapter 5 - COMMUTATION AND WORK TIME › Section 10A:9-5.2 - Exceptions; time in custody; failure to work

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Commutation or work credits shall not be given to any inmate sentenced for sex offenses under the provisions ofN.J.S.A. 2A:164. However, those inmates who have been sentenced or resentenced under N.J.S.A. 2C are eligible to receive commutation and work credits from the effective date of that law, September 1, 1979.
(b) In all cases where the sentence includes a mandatory minimum term of imprisonment, commutation credits, work credits, gap time, special credits, and minimum credits shall not be applied to the mandatory minimum term, but shall only reduce the maximum term.
(c) Commutation credits, work credits, gap time, special credits, and minimum credits shall not be used to reduce a maximum sentence to a period of incarceration that is less than the judicial or statutory mandatory minimum term.
(d) Commutation credits shall be given, as set forth at N.J.A.C. 10A:9-5.1(a). Work credits may be given for work performed in the county jail prior to sentencing if the work time is verified in writing by the adult county correctional facility Administrator.
(e) Work credits shall not be applied in cases where an inmate does not work because of choice, unavailability of sufficient job assignments, medical lay-in (except for job related injuries), court remand, disciplinary lock-up, or similar incapacity. Inmates who refuse to perform assigned work shall receive disciplinary charges in accordance with N.J.A.C. 10A:4.
(f) Work credits shall not be awarded to inmates in a Restorative Housing Unit, unless the inmate is enrolled in a formal school program approved by the I.C.C. (not independent study).
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 9 - CLASSIFICATION PROCESS › Subchapter 5 - COMMUTATION AND WORK TIME › Section 10A:9-5.3 - Forfeiture of commutation credits and work credits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pursuant to 30:4-140 et seq., commutation credits and work credits may be declared to be forfeited as a penalty for misconduct.
1. Forfeitures shall be determined by the Disciplinary Hearing Officer or Adjustment Committee pursuant to N.J.A.C. 10A:4. All decisions shall be reviewed by the Administrator or designee, who may approve or modify the amount of credits forfeited.
2. In no case shall more than 365 days of commutation and 72 work credits be declared forfeited for any single disciplinary offense. Work credits shall not be forfeited for commission of a prohibited act unless authorized by law.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 9 - CLASSIFICATION PROCESS › Subchapter 5 - COMMUTATION AND WORK TIME › Section 10A:9-5.4 - Forfeiture of commutation credits by parolees

Current through Register Vol. 56, No. 14, July 15, 2024
A parolee under the supervision of the State Parole Board is subject to forfeiture of commutation credits in the event the parolee violates a condition of parole.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 9 - CLASSIFICATION PROCESS › Subchapter 5 - COMMUTATION AND WORK TIME › Section 10A:9-5.5 - Restoration of forfeited commutation credits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Commutation credits forfeited for a civil action or proceeding filed by an inmate determined to be frivolous by the court shall not be eligible for restoration.
(b) Commutation credits forfeited for failure to participate in sex offender treatment, as described in
10A:9-5.3(c)
, (d), or (e), shall not be eligible for restoration.
(c) The following procedures for restoring forfeited commutation credits apply to all inmates who received charges for acts which occurred on or after May 24, 1979, except as otherwise set forth in this section.
1. Up to 75 percent of the forfeited commutation credits may be restored to inmates over the three year period following the incident which resulted in the loss of commutation credits. The three years must run consecutively, calculated beginning with the date of the incident. Credits shall be restored at the rate of 25 percent for each year which is free of any disciplinary charges with a guilty finding, as follows:
i. If the inmate completes only one year without a charge which results in a guilty finding, he or she will have 25 percent of the forfeited credits restored at the completion of that year.
ii. If the inmate completes any two years of the three year period without a charge which results in a guilty finding, he or she will have 50 percent of the forfeited credits restored at the rate of 25 percent at the completion of each of the respective two years.
iii. If the inmate completes all three years without a charge which results in a guilty finding, the inmate will have 75 percent of the forfeited credits restored at the rate of 25 percent at the completion of each of the respective three years.
Example: An inmate commits a disciplinary infraction on January 1, 1985, and the sanction imposed includes a forfeiture of commutation credits. On January 25, 1985, the inmate commits another disciplinary infraction and is found "guilty." The inmate receives no disciplinary charge between January 25, 1985, to January 25, 1986. The inmate, therefore, has 25 percent of his or her commutation credits restored. The inmate is again free of guilty findings from January 25, 1986, to January 25, 1987, an additional 25 percent of his or her commutation credits is restored. From January 25, 1987 to January 25, 1988, the inmate is again free of guilty finding but is not eligible for an additional 25 percent restoration of commutation time because more than three years have elapsed since January 1, 1985, the date which resulted in the loss of commutation credits.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 9 - CLASSIFICATION PROCESS › Subchapter 5 - COMMUTATION AND WORK TIME › Section 10A:9-5.6 - Work credits for State-sentenced inmates housed in adult county correctional facilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) State-sentenced inmates eligible for work credit who are being housed in adult county correctional facilities shall be credited with one day work credit for every five days worked beginning on the 16th day after sentencing. All inmates confined in adult county correctional facilities are charged with the responsibility to keep their cells clean; such assignments shall be considered as five day per week jobs. Work credits prior to sentencing must be certified by county authorities.
(b) Inmates eligible for work credit who are parole violators without additional charges who are held in an adult county correctional facility on a parole warrant will receive work credits beginning on the 16th day after they have been in custody.
(c) Inmates eligible for work credit who are Intensive Supervision Program (I.S.P.) violators who are in adult county correctional facilities will receive work credits beginning on the 16th day after they have been in custody.
(d) Parolees housed in adult county correctional facilities on additional charges and sentenced on additional charges may receive work credits beginning on the 16th day after sentencing. If an inmate's parole is revoked prior to sentencing, the effective date on which to begin work credits shall be the date of the parole revocation.
(e) Parolees serving county jail sentences in conjunction with parole violations may receive work credits beginning on the date of parole revocation.
(f) Inmates with approved parole dates who are transferred to adult county correctional facilities prior to parole shall receive work credits as if the inmates were still assigned to a five day or seven day per week job in a State correctional facility. Inmates in minimum custody status at the time of transfer shall continue to receive compensation for that status during their stay in the adult county correctional facility in accordance with 30:4-92.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 9 - CLASSIFICATION PROCESS › Subchapter 5 - COMMUTATION AND WORK TIME › Section 10A:9-5.7 - Reports of earned credits

Current through Register Vol. 56, No. 14, July 15, 2024
Regular reports of earned credits should be forwarded to the parent correctional facility when inmates are housed in county correctional facilities or in half-way house assignments.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 9 - CLASSIFICATION PROCESS › Subchapter 6 - INSTITUTIONAL CLASSIFICATION RECEPTION COMMITTEE (I.C.R.C.) › Section 10A:9-6.1 - Responsibilities of the Institutional Classification Reception Committee (I.C.R.C.)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The I.C.R.C. shall be responsible for:
1. The initial custody status and correctional facility assignments of inmates who have been committed to the custody of the Commissioner, Department of Corrections; and
2. The custody status and correctional facility assignment of male parole violators, escapees, and Interstate Corrections Compact transferees.