N.J. Admin. Code § 10A:10-3.11

Current through Register Vol. 56, No. 9, May 6, 2024

Section 10A:10-3.11 - Hearing on nonconsensual transfers

(a) A hearing shall be conducted and the inmate may appear in-person or the hearing may be arranged and provided through video teleconferencing (VTC), unless the inmate refuses to appear without the use of force, or where the Hearing Officer determines that the hearing cannot be held at the inmate's cell because of the inmate's disruptive behavior.

(b) The Hearing Officer shall review the correctional facility reports, witnesses' statements and other material(s) offered as relevant and necessary for a proper understanding of the circumstances upon which the recommendation for out-of-State transfer is based.

(c) Witnesses' statements shall be read to the inmate, unless disclosure would subject the witnesses or other persons to threat of harm and/or the statements or reports are marked confidential. Where the Hearing Officer determines that clarification is desirable, the Hearing Officer may call the witnesses to appear in-person or through VTC.

(d) The inmate shall be permitted to speak on his or her own behalf and offer evidence to contest the referral for out-of-State transfer, or to provide the Hearing Officer with reasons for rejecting said recommendation.

(e) The Hearing Officer shall not grant a postponement of a hearing unless there are exceptional circumstances, such as, sudden serious illness, security problems or a lockdown.

N.J. Admin. Code § 10A:10-3.11