New Jersey Administrative Code

(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, t…

(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 …

(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 classificati…

(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 cont…

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. Notes N.J. Admin. Code § 10A:4-8.1

(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 Heari…

(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, administra…

(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 disciplin…

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. Notes N.J. Admin…

(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 2…

(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…

(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 ens…

(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 c…

(a) Inmates shall be allowed to call a fact witness(es) (as this term is defined at N.J.A.C. 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 reasonabl…

(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 fo…

(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 …

(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 inm…

(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; a…

(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 Administrat…

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. Notes N.J. Admin. Code § 10A:4-9.19 Amended by R.1996 d.237, effective 5/20/1996. See: 28 N.J…

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 …

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 o…

(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, …

Notes N.J. Admin. Code § 10A:4-9.22 Reserved by 49 N.J.R. 105(a), effective 1/3/2017

(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) T…

(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…

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 s…

(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 repo…

(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 on…

(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 …

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 d…

(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, sha…

(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 o…

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 understand…

(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 Disciplina…

(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…

(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 violati…

(a) The purpose of this chapter is to establish rules for close custody units, including the PreHearing Disciplinary Housing Unit (P.H.D.H), Management Control Unit (M.C.U.), Restorative Housing Unit (R.H.U.), Adjustment Unit (A.U.), Protective Custody Unit (P.C.), Emergency Conf…

The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise: "Adjustment Unit" mean a close custody unit used as a form of separation of an inmate from general population for a specific period of time …

(a) Special custodial responsibilities are as follows: 1. Due to the increased need for close security within the close custody units, the frequency and intensity of certain custodial functions shall be increased. Thorough cell searches may be conducted as often as once a week, i…

Notes N.J. Admin. Code § 10A:5-1.4 Administrative change. See: 35 N.J.R. 1137(a). Amended by R.2006 d.419, effective 12/4/2006. See: 38 N.J.R. 3226(a), 38 N.J.R. 5161(a). In the introductory paragraph of (a), deleted "shall be reproduced by each correctional facility from origina…

(a) T.A.H. is a temporary close custody unit for the non-punitive removal of an inmate from general population for a period not to exceed 72 hours to accommodate other temporary situations in which there is a concern for the safety of the inmate, or others, or in other emergent s…

(a) Recommendations for placement of inmates in the M.C.U. may be submitted to the Management Control Unit Review Committee (M.C.U.R.C.) by: 1. The Director, Division of Operations; 2. The Institutional Classification Committee (I.C.C.); 3. The Disciplinary Hearing Officer/Adjust…

(a) In every case where an inmate has been confined to the M.C.U. for a period of two consecutive years, the review procedure set forth in N.J.A.C. 10A:5-2.6 shall require the approval of the Deputy Commissioner or Assistant Commissioner of Operations for continued confinement in…

Except in the case of a termination of contact visits sanction as established at N.J.A.C. 10A:4-5.1(c), no special restriction of privilege on disciplinary grounds, such as denial of outside recreation or of work opportunities, may be continued in M.C.U. for longer than 30 days. …

The M.C.U.R.C. shall continuously monitor and review all aspects of the M.C.U. When the M.C.U.R.C. desires to make any significant deviation from the M.C.U. Program as delineated in this subchapter, a request shall be submitted in writing through the Administrator or the Chairper…

Notes N.J. Admin. Code § 10A:5-2.13 Reserved by 53 N.J.R. 719(a), effective 5/3/2021