New Jersey Administrative Code

All residents and their possessions, and all Special Treatment Unit areas, objects and properties are subject to routine and random searches by canine teams, specially trained to discover and indicate to the handler(s) the presence of various substances and/or materials. Notes N.…

To control the introduction of contraband or to detect the presence of any substance not authorized for possession or use by the resident, testing for prohibited substances may be conducted for security or therapeutic purposes. Notes N.J. Admin. Code § 10A:35-4.6 Amended by R.201…

(a) The purpose of this chapter is to: 1. Set forth for inmates and staff, a comprehensive code of offenses and sanctions that are consistent with the correctional objectives of the Department of Corrections and the correctional facility; 2. Set forth administrative due process s…

Notes N.J. Admin. Code § 10A:4-1.2 Amended by R.1987 d. 506, effective 12/21/1987. See: 19 N.J.R. 1531(a), 19 N.J.R. 2403(a) . Added "the Girls Unit ... Boys at Skillman". Amended by R.1988 d. 239, effective 6/6/1988. See: 20 N.J.R. 496(a), 20 N.J.R. 1224(a) . Added Boys Unit to …

The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise: "Adjustment Committee" means the committee within a correctional facility that is authorized to hear and adjudicate inmate violations of pro…

Notes N.J. Admin. Code § 10A:4-1.4 Amended by 49 N.J.R. 105(a), effective 1/3/2017 Reserved by 53 N.J.R. 923(a), effective 5/17/2021

Notes N.J. Admin. Code § 10A:4-10.1 Amended by 49 N.J.R. 105(a), effective 1/3/2017 Reserved by 53 N.J.R. 719(a), effective 5/3/2021

Notes N.J. Admin. Code § 10A:4-10.10 Amended by 49 N.J.R. 105(a), effective 1/3/2017 Reserved by 53 N.J.R. 719(a), effective 5/3/2021

Notes N.J. Admin. Code § 10A:4-10.11 Amended by 49 N.J.R. 105(a), effective 1/3/2017 Reserved by 53 N.J.R. 719(a), effective 5/3/2021

Notes N.J. Admin. Code § 10A:4-10.12 Amended by 49 N.J.R. 105(a), effective 1/3/2017 Reserved by 53 N.J.R. 719(a), effective 5/3/2021

Notes N.J. Admin. Code § 10A:4-10.13 Amended by 49 N.J.R. 105(a), effective 1/3/2017 Reserved by 53 N.J.R. 719(a), effective 5/3/2021

Notes N.J. Admin. Code § 10A:4-10.14 Amended by 49 N.J.R. 105(a), effective 1/3/2017 Reserved by 53 N.J.R. 719(a), effective 5/3/2021

Notes N.J. Admin. Code § 10A:4-10.15 Amended by 49 N.J.R. 105(a), effective 1/3/2017 Reserved by 53 N.J.R. 719(a), effective 5/3/2021

Notes N.J. Admin. Code § 10A:4-10.16 Reserved by 53 N.J.R. 719(a), effective 5/3/2021

Notes N.J. Admin. Code § 10A:4-10.17 Amended by 49 N.J.R. 105(a), effective 1/3/2017 Reserved by 53 N.J.R. 719(a), effective 5/3/2021

Notes N.J. Admin. Code § 10A:4-10.18 Amended by 49 N.J.R. 105(a), effective 1/3/2017 Reserved by 53 N.J.R. 719(a), effective 5/3/2021

Notes N.J. Admin. Code § 10A:4-10.2 Reserved by 49 N.J.R. 105(a), effective 1/3/2017 Reserved by 53 N.J.R. 719(a), effective 5/3/2021

Notes N.J. Admin. Code § 10A:4-10.3 Amended by 49 N.J.R. 105(a), effective 1/3/2017 Reserved by 53 N.J.R. 719(a), effective 5/3/2021

Notes N.J. Admin. Code § 10A:4-10.4 Amended by 49 N.J.R. 105(a), effective 1/3/2017 Reserved by 53 N.J.R. 719(a), effective 5/3/2021

Notes N.J. Admin. Code § 10A:4-10.5 Amended by 49 N.J.R. 105(a), effective 1/3/2017 Reserved by 53 N.J.R. 719(a), effective 5/3/2021

Notes N.J. Admin. Code § 10A:4-10.6 Amended by 49 N.J.R. 105(a), effective 1/3/2017 Reserved by 53 N.J.R. 719(a), effective 5/3/2021

Notes N.J. Admin. Code § 10A:4-10.7 Amended by R.1996 d.237, effective 5/20/1996. See: 28 N.J.R. 1464(a), 28 N.J.R. 2555(b). Reserved by 53 N.J.R. 719(a), effective 5/3/2021

Notes N.J. Admin. Code § 10A:4-10.8 Amended by 49 N.J.R. 105(a), effective 1/3/2017 Reserved by 53 N.J.R. 719(a), effective 5/3/2021

Notes N.J. Admin. Code § 10A:4-10.9 Amended by R.2011 d.157, effective 6/6/2011. See: 43 N.J.R. 366(a), 43 N.J.R. 1343(a). Substituted "Staff designated by the Administrator or designee at each" for "Each". Reserved by 53 N.J.R. 719(a), effective 5/3/2021

(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 facilitie…

(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…

(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 hear…

(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) T…

(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 i…

(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 rehear…

(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 sh…

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. Notes N.J. Admin. Code § 10A:4-11.8

Notes N.J. Admin. Code § 10A:4-11.9

(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 affect…

(a) The following zero tolerance policies, as defined in N.J.A.C. 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." (b) In accordance with the Federa…

(a) Disciplinary sanctions related to a prohibited act identified in a zero tolerance policy are set forth at N.J.A.C. 10A:4-5.1. (b) An inmate who has been found guilty of a second or subsequent zero tolerance offense shall be subject to consecutively imposed disciplinary sancti…

(a) At the time of reception into the New Jersey Department of Corrections, each inmate shall receive a copy of the Handbook on Discipline and thereby be advised in writing of his or her rights and responsibilities, the acts and activities which are prohibited, the rules which mu…

Notes N.J. Admin. Code § 10A:4-2.2 Amended by R.1996 d.237, effective 5/20/1996. See: 28 New Jersey Register 1464(a), 28 New Jersey Register 2555(b). Reserved by 53 N.J.R. 923(a), effective 5/17/2021

(a) The rules of a correctional facility shall be published and promulgated only upon the approval of the Administrator. (b) The disciplinary rules shall be published and promulgated only upon the approval of the Commissioner, New Jersey Department of Corrections. Notes N.J. Admi…

(a) The following rights are found in the Handbook on Discipline that is provided to each inmate as part of reception into the Department of Corrections. 1. You have the right to be treated respectfully, impartially and fairly by all personnel. 2. You have the right to be informe…

Notes N.J. Admin. Code § 10A:4-3.2 Reserved by 53 N.J.R. 923(a), effective 5/17/2021

See N.J.A.C. 10A:1-1.5 for the rule concerning provision of notice of inmates about the promulgation of rules. Notes N.J. Admin. Code § 10A:4-3.3 Adopted by 53 N.J.R. 923(a), effective 5/17/2021

(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-…

All prohibited acts which may constitute crimes of the first, second, third or fourth degree under the Criminal Code of the State of New Jersey (N.J.S.A. 2C:1-1 et seq.) shall be referred to the prosecutor of the county in which the correctional facility is located. (See N.J.A.C.…

(a) The maximum Restorative Housing Unit (R.H.U.) sanction for any prohibited act or acts resulting from a single incident shall not exceed 365 days. The maximum Adjustment Unit sanction for any prohibited act or acts resulting from a single incident shall be for five to 15 days.…

Notes N.J. Admin. Code § 10A:4-5.2 Amended by R.1987 d.155, effective 4/6/1987. See: 19 N.J.R. 178(b), 19 N.J.R. 534(b). Added new (b)3; recodified old (b)3.-8. to (b)4.-9. Amended by R.1991 d.276, effective 6/3/1991. See: 23 N.J.R. 658(a), 23 N.J.R. 1797(b). Language added to cl…

Notes N.J. Admin. Code § 10A:4-5.3 Reserved by 49 N.J.R. 105(a), effective 1/3/2017