N.J. Admin. Code § 10A:4-9.5

Current through Register Vol. 56, No. 21, November 4, 2024

Section 10A:4-9.5 - Investigation

(a) An investigation of the infraction shall be conducted by designated staff of the correctional facility within 48 hours of the time the disciplinary report is served upon the inmate.

(b) The Administrator shall appoint a coordinator of investigations who shall be an employee of supervisory level. The Administrator may also appoint one or more investigating officers. For the purpose of this section, "investigating officer" means an employee of supervisory level who has not been involved in the particular incident to be investigated.

(c) The coordinator of investigations shall be responsible for:

1. All investigations of disciplinary charges. The coordinator may assign individual investigations to an investigating officer who shall be responsible to the coordinator for completing the assignments;

2. Forwarding a list of all inmates who have a pending disciplinary infraction to the Mental Health Unit for a determination as to which inmates should be considered special needs inmates; and

3. Ensuring that Mental Health Unit staff provide said determination to the investigating officer and Disciplinary Hearing Officer/Adjustment Committee.

(d) The Disciplinary Hearing Officer/Adjustment Committee shall determine the need to obtain a psychological/psychiatric evaluation based upon the nature of the infraction, the determination from the Mental Health Unit regarding whether the inmate is a special needs inmate, and/or any other relevant information.

1. In those cases where a psychological/psychiatric evaluation is necessary, the Disciplinary Hearing Officer/Adjustment Committee shall forward a request for psychological/psychiatric evaluation to the lead psychologist.

2. Upon completion and receipt of the evaluation report from the Lead Psychologist, the Disciplinary Hearing Officer/Adjustment Committee shall consider the information provided in the evaluation report along with any other information gathered during the investigation.

(e) The investigating officer shall thoroughly investigate the incident. As part of this investigation, the investigating officer shall verify that the inmate has received the written charge. The investigating officer shall also read the charge to the inmate, inform the inmate of the inmate's use immunity rights, take the inmate's plea, and ask if the inmate wishes to make a statement concerning the incident or infraction. The investigating officer shall take the inmate's statement concerning the incident. The investigating officer may talk to witnesses and the reporting staff member and summarize their statements as may be necessary. Comments about the inmate's attitude may be included in the investigatory report. The investigating officer shall attach to the investigatory report, evidence such as, but not limited to, staff reports, photographs of physical evidence, analysis of specimens collected, continuity of evidence forms and confiscation forms.

(f) The inmate may submit to the investigating officer a written request for inmate witnesses. Written requests will be attached to the record of the case.

(g) The investigating officer may include comments and conclusions regarding the inmate's prior record and behavior, the investigating officer's analysis of any conflicts between witnesses, and the conclusions of the investigating officer regarding the incident. The inmate shall not receive a copy of the investigative record.

(h) The inmate may obtain a copy of inmate witness statements, provided that the Department of Corrections finds that such a disclosure would not compromise correctional facility safety, security, orderly operation, and goals.

N.J. Admin. Code § 10A:4-9.5

Amended by R.1995 d.542, effective 10/16/1995.
See: 27 N.J.R. 2853(a), 27 N.J.R. 3957(a).
Amended by R.1999 d.187, effective 6/7/1999 (operative July 1, 1999).
See: 31 N.J.R. 831(a), 31 N.J.R. 1487(b).
In (b), substituted a reference to the Administrator for a reference to the Superintendent; rewrote (c); inserted a new (d); and recodified former (d) through (g) as (e) through (h).
Amended by R.2006 d.398, effective 11/20/2006.
See: 38 N.J.R. 3121(a), 38 N.J.R. 4867(a).
Substituted "investigating officer" for "investigator" throughout; in (a), inserted "designated staff of"; rewrote (b); in the introductory paragraph of (c), inserted "of investigations"; rewrote (c)3; in (e), inserted the final sentence; rewrote (g); and in (h), inserted "orderly operation,".

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