New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 4 - INMATE DISCIPLINE › Subchapter 4 - INMATE PROHIBITED ACTS › Section 10A:4-4.1 - Prohibited acts

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An inmate who commits one or more of the following numbered prohibited acts shall be subject to disciplinary action and a sanction that is imposed by a Disciplinary Hearing Officer or Adjustment Committee with the exception of those violations disposed of by way of an on-the-spot correction. Prohibited acts preceded by an asterisk (*) are considered the most serious and result in the most severe sanctions (see N.J.A.C. 10A:4-5, Schedule of Sanctions for Prohibited Acts). Prohibited acts are further subclassified into six categories of severity (Category A through F) with Category A being the most severe and Category E the least severe and Category F containing an opportunity for inmates found guilty of specified infractions to participate in a substance-use disorder treatment program known as the Drug Diversion Program, if eligible. These categories correspond to the categories of sanctions at N.J.A.C. 10A:4-5 and the categories in the severity of offense scale at N.J.A.C. 10A:9-2.13.
1. Category A: A finding of guilt for any offense in Category A may result in a sanction of five to 15 days in an Adjustment Unit and up to 365 days in a Restorative Housing Unit (R.H.U.) per incident and one or more of the sanctions listed at N.J.A.C. 10A:4-5.1(e), unless a medical or mental health professional determines that the inmate is not appropriate for R.H.U. placement. Where a medical or mental health professional has made such a determination, the inmate may receive one or more of the less restrictive sanctions listed at N.J.A.C. 10A:4-5.1(e). The Disciplinary Hearing Officer and/or the Administrator shall consider a less restrictive sanction based on the nature of the offense and the inmate infraction history.
i. *.001 killing
ii. *.002 assaulting any person
iii. *.003 assaulting any person with a weapon
iv. *.006 extortion, blackmail, protection: demanding or receiving favors, money, or anything of value in return for protection against others, to avoid bodily harm, or under threat of informing
v. *.007 hostage taking
vi. *.008 abuse/cruelty to animals
(Agency Note: The text of existing N.J.A.C. 10A:4-4.1(a)1v was inadvertently recodified as both (a)1vii and (a)1viii. Upon adoption, OAL is deleting the first rendition of subparagraph (a) 1vii and reserving the paragraph to maintain the remaining codification.)
vii. *.009 misuse, possession, distribution, sale, or intent to distribute or sell, an electronic communication device, equipment, or peripheral that is capable of transmitting, receiving, or storing data and/or electronically transmitting a message, image, or data that is not authorized for use or retention (see "electronic communication device" definition at N.J.A.C. 10A:1-2.2)
viii. *.009 misuse, possession, distribution, sale, or intent to distribute or sell, an electronic communication device, equipment, or peripheral that is capable of transmitting, receiving, or storing data and/or electronically transmitting a message, image, or data that is not authorized for use or retention while assigned to a secure correctional facility (see "electronic communication device" definition at N.J.A.C. 10A:1-2.2)
ix. *.010 engaging, participating, and/or recruiting others to participate in an activity(ies) related to a security threat group
x. *.012 throwing bodily fluid at any person or otherwise
xi. *.050 sexual assault or abuse
xii. *.101 escape from a secure facility
xiii. * 102 attempting or planning escape
xiv. *.151 arson
xv. *.155 adulteration or tampering of any food or drink
xvi. *.201 possession or introduction of an explosive, incendiary device, or any ammunition
xvii. *.202 possession or introduction of a weapon, such as, but not limited to, a sharpened instrument, knife, or unauthorized tool
xviii. *.215 possession with intent to distribute or sell prohibited substances such as drugs, intoxicants, or related paraphernalia
xix. *.216 distribution or sale of prohibited substances, such as drugs, intoxicants, or related paraphernalia
xx. *.251 rioting or encouraging others to riot
xxi. *.253 engaging in or encouraging a group demonstration or work stoppage
xxii. *.360 unlawfully obtaining or seeking to obtain personal information pertaining to an inmate's victim or the victim's family or pertaining to DOC staff or other law enforcement staff or the family of said staff
xxiii. *.704 perpetrating frauds, deceptions, confidence games, riots, or escape plots
xxiv. *.803 attempting to commit, aiding another person to commit or making plans to commit any Category A offense