N.J. Admin. Code § 10A:4-9.17

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

Section 10A:4-9.17 - Disciplinary sanctions

(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; and

5. The inmate's history of, or the presence of, mental illness.

(b) The sanction shall be one or more of those enumerated in N.J.A.C. 10A:4-5, Schedule of Sanctions for Prohibited Acts.

(c) In accordance with 10A:9-3.1 4, inmates shall be reviewed and scored on the Reclassification Instrument upon a finding of guilt to a prohibited act(s) when:

1. A sanction imposed by the Disciplinary Hearing Officer includes a referral to the I.C.C., except if administrative segregation is part of the imposed sanction;

2. A minimum custody status inmate is found guilty of a prohibited act in the highest or high level of the Severity of Offense--Disciplinary Infractions Scale (see 10A:9-2.1 1); or

3. Referred by the Administrator.

(d) Whenever an inmate damages or destroys plumbing fixtures, or floods his or her cell, the inmate may be placed in Disciplinary Housing in a "DRY" cell.

(e) Prior to imposing disciplinary sanctions for Category A and B infractions, 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.

(f) All sanctions/placements in the Adjustment Unit and/or Prehearing Disciplinary Housing shall be reviewed and approved by the facility Administrator, or designee.

N.J. Admin. Code § 10A:4-9.17

Amended by 49 N.J.R. 105(a), effective 1/3/2017

Amended by 53 N.J.R. 923(a), effective 5/17/2021