New Jersey Administrative Code

(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…

(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 i…

(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. Notes …

(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 Superviso…

(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 i…

(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.) shal…

(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 revi…

(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 r…

(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 s…

(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. Opportuni…

(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 pl…

(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. (b) The criteria set forth in this subchapter and t…

A reduction in custody status is a privilege and not a right. Notes N.J. Admin. Code § 10A:9-4.2

(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 confin…

(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…

(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. Correc…

(a) Except as provided in N.J.A.C. 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 N.J.A.…

(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 N.J.A.C. 10A:9-4.8(c)3. (b) In no case may off…

(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 con…

(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 particul…

(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 s…

(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 effect…

(a) Pursuant to N.J.S.A. 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 sh…

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. Notes N.J. Admin. Code § 10A:9-5.4 Amended by R.1992 d.79, effective 2/18/1992. See: 23 New Jersey Register 3721(a), …

(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 N.J.A.C. 10…

(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 fa…

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. Notes N.J. Admin. Code § 10A:9-5.7 Recodified from N.J.A.C. 10A:9-5.8 and amended by R.1997 d.122,…

Notes N.J. Admin. Code § 10A:9-5.8 Recodified to N.J.A.C. 10A:9-5.7 by R.1997 d.122, effective 3/17/1997. See: 29 New Jersey Register 80(b), 29 New Jersey Register 880(a).

(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 …

(a) An Administrator or designee shall serve as Chairperson of the I.C.R.C. (b) A Classification Department representative shall serve as a member of the I.C.R.C. (c) A representative from the Office of Substance Abuse Programming and Addiction Services will serve as an optional …

(a) Decisions regarding the degree of custody required and the correctional facility assignment for inmates shall be made by the I.C.R.C. while the inmate is in the initial classification process. These decisions shall be based on: 1. Length of sentence; 2. Type of offense; 3. Ag…

Notes N.J. Admin. Code § 10A:9-6.4 Amended by R.1997 d.122, effective 3/17/1997. See: 29 N.J.R. 80(b), 29 N.J.R. 880(a). In (a), deleted "within the Prison Complex" following "another correctional facility"; and in (b), deleted "from the Prison and/or Youth Complex" following "se…

Notes N.J. Admin. Code § 10A:9-6.5 Amended by R.1997 d.122, effective 3/17/1997. See: 29 N.J.R. 80(b), 29 N.J.R. 880(a). In (a), amended N.J.A.C. reference; and in (b), amended references to relevant officials. Amended by R.2001 d.425, effective 11/19/2001. See: 33 N.J.R. 2390(a)…

(a) Requests for transfer to another correctional facility within the Department of Corrections may be initiated by the inmate or by the Administrator of the correctional facility in which the inmate is confined. (b) Requests for transfer also may be initiated by the Commissioner…

(a) Requests for transfer to another correctional facility within the Department of Corrections may be initiated by the inmate or by the Administrator of the correctional facility in which the inmate is confined. (b) Requests for transfer also may be initiated by the Commissioner…

(a) Whenever, 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. (b) With the verbal approval either of …

(a) In reviewing requests for transfer or reassignment to another correctional facility, the Institutional Classification Committee (I.C.C.) and Assistant Commissioner, or the Director shall consider all relevant factors, including, but not limited to: 1. Disciplinary reports; 2.…

Upon approval of a requested transfer the sending correctional facility shall coordinate with the receiving correctional facility the date and time of the transfer of the inmate, along with his or her records and property. Notes N.J. Admin. Code § 10A:9-7.5 Amended by 47 N.J.R. 9…

Notes N.J. Admin. Code § 10A:9-7.6 Recodified to N.J.A.C. 10A:9-7.4 by R.2007 d.379, effective 12/17/2007. See: 39 N.J.R. 2445(a), 39 N.J.R. 5340(b). Section was "Criteria for reviewing transfer requests".

Notes N.J. Admin. Code § 10A:9-7.7 Recodified to N.J.A.C. 10A:9-7.5 by R.2007 d.379, effective 12/17/2007. See: 39 N.J.R. 2445(a), 39 N.J.R. 5340(b). Section was "Procedures for transfers".

Inmates committed to the Adult Diagnostic and Treatment Center (A.D.T.C.) shall be eligible for parole consideration only upon recommendation by the S.C.R.B. pursuant to N.J.S.A. 2C:47-5 except that in no case shall an inmate committed to the A.D.T.C. become eligible for parole p…

(a) For all parolees who were sentenced under N.J.S.A. 2C:47 and 2A:164, the Coordinator shall receive copies of the following: 1. Parole Certificates; 2. Supervisory reports; 3. Special reports; 4. Arrest reports; 5. Termination Certificates; and 6. Notices of discharge of inmat…

A copy of the notice of release at the expiration of maximum sentence shall be forwarded by the housing correctional facility to the Coordinator, who shall so advise the S.C.R.B. members. Notes N.J. Admin. Code § 10A:9-8.11 Recodified from N.J.A.C. 10A:9-8.10 by R.1997 d.122, eff…

(a) The S.C.R.B. members shall not discuss or give information to any unauthorized person regarding specific inmates reviewed. (b) Confidentiality of inmate/parolee records shall be governed by N.J.A.C. 10A:22. Notes N.J. Admin. Code § 10A:9-8.12 Recodified from N.J.A.C. 10A:9-8.…

(a) The Commissioner shall appoint at least four members to serve on the S.C.R.B., two of whom may be Department of Corrections employees. An alternate member may be designated by the Commissioner to serve in the absence of a full-time S.C.R.B. member. The S.C.R.B. panels, which …

(a) A staff member of the Adult Diagnostic and Treatment Center (A.D.T.C.) shall be designated by the Administrator to serve as Coordinator for the S.C.R.B. (b) The Coordinator shall be responsible for the following duties:1. Maintaining S.C.R.B. statistics and records; 2. Mainta…

(a) The Administrator or designee of the A.D.T.C. shall ensure a report is submitted in writing at least twice per year to the Special Classification Review Board (S.C.R.B.) concerning the physical and psychological condition of each inmate eligible for parole consideration. (b) …