N.J. Admin. Code § 10A:5-9.5

Current through Register Vol. 56, No. 17, September 3, 2024

Section 10A:5-9.5 - Assignment to the Restorative Housing Unit (R.H.U.)

(a) All sanctions, or parts of sanctions, imposed by the Disciplinary Hearing Officer that include assignment to a Restorative Housing Unit (R.H.U.), shall be referred by the Disciplinary Hearing Officer to the Institutional Classification Committee (I.C.C.) for review. The I.C.C. shall consider any relevant factors including, but not limited to:

1. The circumstances and gravity of the disciplinary infraction;

2. The reason(s) given by the Disciplinary Hearing Officer for the sanction imposed;

3. The inmate's previous disciplinary record; and

4. Whether other available dispositions are adequate to regulate the inmate's behavior within acceptable limits.

(b) If an inmate receives a Restorative Housing Unit sanction, the inmate shall be referred to an intake unit to schedule inmate transfer and/or transport to a R.H.U.

(c) Time served in Prehearing Disciplinary Housing will be credited as time served in a R.H.U.

(d) If the I.C.C. determines that the sanction is appropriate and within acceptable limits, and the inmate's presence in the general population could pose a threat to the safe, secure, and orderly operations of the correctional facility, the I.C.C. shall confirm assignment of the inmate to the R.H.U.

(e) The I.C.C. shall provide written notice to the inmate of its decision confirming, modifying, or overruling the R.H.U. sanction together with the rationale for the decision.

(f) A copy of the I.C.C. notice shall be filed in the inmate's classification folder.

(g) If the inmate appeals the R.H.U. sanction, the appeal disposition will be completed by the Administrator, or designee, of the facility in which the charge was received.

(h) Confrontations with the custody staff member initiating the disciplinary charge may be completed through Video TeleConferencing (VTC).

(i) Inmates housed in R.H.U. shall have meaningful opportunities to participate in out-of-cell interaction provided through the Office of Transitional Services, Office of Education, Chaplaincy Office, and the Office of Substance Abuse Programming and Addiction Services. Additionally, inmates shall be afforded the opportunity to participate in congregate interaction above and beyond the five hours per week required pursuant to N.J.A.C. 10A:5-1.3(m).

N.J. Admin. Code § 10A:5-9.5

Adopted by 53 N.J.R. 719(a), effective 5/3/2021

Amended by 54 N.J.R. 2393(a), effective 12/19/2022