New Jersey Administrative Code
Title 10A - CORRECTIONS
Chapter 4 - INMATE DISCIPLINE
Subchapter 5 - SCHEDULE OF SANCTIONS FOR PROHIBITED ACTS
Section 10A:4-5.1 - Schedule of sanctions for prohibited acts
Current through Register Vol. 56, No. 6, March 18, 2024
(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. The imposition of a sanction involving A.U. time is not mandatory for Category A infractions and shall be:
(b) The highest level offense in a single incident shall govern the sanctions imposed.
(c) Restorative Housing Unit sanctions for all charges received as the result of a single incident shall be served concurrently.
(d) Repeat occurrences of a specific infraction(s) in Category B, C, and F, in separate incidents, may be considered for sanctioning in the next highest category of the current offense at the discretion of the Disciplinary Hearing Officer. Repeat occurrences of an infraction(s) in Category D or E, in separate incidents, may be considered as a Category C or D offense for sanctioning at the discretion of the Disciplinary Hearing Officer.
(e) A finding of guilt for any offense in Category A may result in a sanction of up to five to 15 days placement in an Adjustment Unit per incident, not to exceed 30 days in a 60-day period due to the offense causing substantial risk of harm to self or others, and up to 365 days Restorative Housing Unit (R.H.U.) placement per incident and one or more of the following sanctions, 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 determination, the inmate may receive one or more of the following less restrictive sanctions:
(f) In addition to imposing one or more of the sanctions in Category A, the Disciplinary Hearing Officer may refer an inmate to the Mental Health Unit for appropriate care/treatment as may be necessary and appropriate. The Disciplinary Hearing Officer or Adjustment Committee may suspend one or more of the sanctions in Category A for 60 calendar days.
(g) A finding of guilt for any offense in Category B may result in a Restorative Housing Unit sanction of up to 120 days per incident and one or more of the following sanctions, 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 determination, the inmate may receive one or more of the following less restrictive sanctions:
(h) In addition to imposing one or more of the sanctions in Category B, the Disciplinary Hearing Officer may refer an inmate to the Mental Health Unit for appropriate care/treatment as may be necessary and appropriate. The Disciplinary Hearing Officer or Adjustment Committee may suspend one or more of the sanctions in Category B for 60 calendar days.
(i) A finding of guilt for any offense in Category C may result in the following sanctions:
(j) In addition to imposing one or more of the sanctions in Category C, the Disciplinary Hearing Officer may refer an inmate to the Mental Health Unit for appropriate care/treatment as may be necessary and appropriate. The Disciplinary Hearing Officer or Adjustment Committee may suspend one or more of the above sanctions in Category C for 60 calendar days.
(k) A finding of guilt any offense in Category D may result in the following sanctions:
(l) In addition to imposing one or more of the sanctions in Category D, the Disciplinary Hearing Officer may refer an inmate to the Mental Health Unit for appropriate care/treatment as may be necessary and appropriate. The Disciplinary Hearing Officer or Adjustment Committee may suspend one or more of the sanctions in Category D for 60 calendar days.
(m) A finding of guilt any offense in Category E shall render the offender subject to any one or more of the following sanctions:
(n) In addition to imposing one or more of the above sanctions, in Category E, the Disciplinary Hearing Officer may refer an inmate to the Mental Health Unit for appropriate care/treatment as may be necessary and appropriate. The Disciplinary Hearing Officer or Adjustment Committee may suspend one or more of the above sanctions in Category E for 60 calendar days.
(o) A finding of guilt for any offense in Category F may result in placement in a treatment program if recommended by appropriate medical staff and/or a sanction of one or more of the sanctions for infractions of Category B prohibited acts. If the Disciplinary Hearing Officer imposes a Drug Diversion Program, the Disciplinary Hearing Officer shall also impose sanctions consistent with Category B, which may be suspended for 60 days if the inmate agrees to participate in the prescribed Drug Diversion Program, except that loss of contact visits may not be suspended by the Disciplinary Hearing Officer. If the inmate fails to adhere to the requirements of the Drug Diversion Program during the 60-day suspended sanction period, the Disciplinary Hearing Officer shall impose the suspended sanctions. If the prescribed Drug Diversion Program is not completed, the inmate shall be charged with prohibited act *.900 and Category B sanction(s) applied without consideration for time served in the Diversion Program. 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 (see N.J.A.C. 10A:16-14.2).
(p) Pursuant to the "Zero Tolerance Drug/Alcohol Policy" as defined at N.J.A.C. 10A:1-2.2, a finding of guilt to any of the following prohibited acts shall result in termination of contact visit privileges and ineligibility for consideration for any custody status lower than medium custody until after contact visit privileges are reinstated.
(q) Pursuant to the "Zero Tolerance Drug/Alcohol Policy" as defined at N.J.A.C. 10A:1-2.2, a finding of guilt to prohibited act *.205 misuse of authorized medication (such as narcotics and controlled dangerous substances), as determined by the Disciplinary Hearing Officer or Adjustment Committee, may result in termination of contact visit privileges and ineligibility for consideration for any custody status lower than medium custody until after contact visit privileges are reinstated.
(r) Pursuant to the "Zero Tolerance for Misuse or Possession of an Electronic Communication Device Policy" as defined at N.J.A.C. 10A:1-2.2, a finding of guilt to prohibited act *.009 as determined by the Disciplinary Hearing Officer or Adjustment Committee, shall result in:
(s) In accordance with 30:4-140.1, a finding of guilt to *.360 unlawfully obtaining or seeking to obtain personal information pertaining to an inmate's victim or the victim's family shall subject an inmate to the forfeiture of up to 365 accumulated commutation credits and up to 72 work time credits.
(t) In addition to the sanctions in this section, administrative action may be taken when approved by the Institutional Classification Committee upon the recommendation of the Disciplinary Hearing Officer/Adjustment Committee or the Administrator or designee. Such administrative action may include, but not be limited to, the following: