N.J. Admin. Code § 10A:31-16.1

Current through Register Vol. 56, No. 16, August 19, 2024

Section 10A:31-16.1 - Disciplinary rules and sanctions

(a) Equitable and consistent inmate discipline shall be employed to ensure the maintenance of security and the orderly operation of all adult county correctional facilities.

(b) Rules, upon which inmate discipline is based, must be reasonable and evenly applied, and the action taken to determine an alleged infraction must be based on findings of fact.

(c) The sanction(s) for infractions shall not be imposed in any manner that violates the inmate's civil rights. The sanction(s) must be related to the infraction, and must be fairly applied to all inmates.

(d) All persons who supervise the activities of inmates shall receive sufficient training to ensure that these staff members understand the rules of inmate conduct, the sanctions available and the rationale for the rules.

(e) N.J.A.C. 10A:4, Inmate Discipline, applies to State inmates incarcerated at adult county correctional facilities.

(f) Confinement of an inmate in a county correctional facility, for disciplinary, administrative, protective, investigative, medical, or other classification reasons, in a cell or similarly confined space, alone or with other inmates, for 22 hours or more per day, with severely restricted activity, movement, and social interaction shall be permitted only if the following general conditions and medical examination requirements and placement hearing conditions are met:

1. Prior to such confinement, inmates shall receive a preliminary medical and mental health examination conducted by a member of the medical staff within 12 hours of confinement and a clinical examination within 48 hours of confinement unless staffing levels require that the period for conducting the clinical examination be extended to 72 hours following confinement;

2. Absent exigent circumstances, unavoidable delays, or reasonable postponements, inmates shall have the right to an initial hearing within 72 hours of placement, and a review every 30 days thereafter; the right to appear at the hearing; the right to be represented at the hearing; an independent hearing officer; and a written statement of reasons for the decision made at the hearing ; and

3. An inmate in Disciplinary Detention must receive a mental health and physical health status examination, conducted by a member of the medical staff as frequently as clinically indicated, but at least once per week. These examinations must occur in a confidential setting outside of the cell, whenever possible. If it is determined that the inmate is a member of a vulnerable population, the inmate shall be immediately removed from Disciplinary Detention.

(g) Any inmate meeting the criteria in this subsection shall not be confined as described at (f) above for any reason, excluding medical quarantines or facility-wide lockdowns:

1. Is 21 years of age or younger;

2. Is 65 years of age or older;

3. Has a disability based on a mental illness, as defined at N.J.S.A. 30:4-27.2, a history of psychiatric hospitalization, or has recently exhibited conduct, including, but not limited to, serious selfmutilation, indicating the need for further observation or evaluation to determine the presence of mental illness;

4. Has a developmental disability, as defined at N.J.S.A. 30:4-27.2;

5. Has a serious medical condition that cannot effectively be treated in isolated confinement;

6. Is pregnant, is in the postpartum period, has recently suffered a miscarriage, or terminated a pregnancy;

7. Has a significant auditory or visual impairment; or

8. Is perceived to be lesbian, gay, bisexual, transgender, or intersex.

(h) Placement in Disciplinary Detention must be established by clear and convincing evidence.

(i) The final decision to place an inmate in Disciplinary Detention must be made by the facility administrator.

(j) There is reasonable cause to believe that the inmate would create a substantial risk of serious harm to himself, herself, or another and a less restrictive intervention would be insufficient to reduce this risk.

(k) An inmate shall not be placed in Disciplinary Detention or in any other cell or other holding or living space, in any facility, with one or more inmates if there is reasonable cause to believe that there is a risk of harm or harassment, intimidation, extortion, or other physical or emotional abuse to that inmate or another inmate in that placement.

N.J. Admin. Code § 10A:31-16.1

Amended by R.1994 d.182, effective 4/4/1994.
See: 26 New Jersey Register 727(a), 26 New Jersey Register 1506(a).

Amended by 53 N.J.R. 741(a), effective 5/3/2021