N.J. Admin. Code § 10A:31-16.12

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

Section 10A:31-16.12 - Disciplinary hearing

(a) The inmate shall be entitled to a hearing within seven calendar days of the alleged violation, provided the inmate remains in general population pending the hearing. Calculation of the seven days shall include weekends and holidays, unless such hearing is prevented by exceptional circumstances, unavoidable delays, or reasonable postponements. Should the seventh day fall on a Saturday, Sunday, or holiday, the hearing shall be held on the business day immediately following the weekend or holiday.

(b) Inmates confined in Prehearing Detention shall receive a hearing within 72 hours of their placement in Prehearing Detention, absent exigent circumstances.

(c) Inmates confined in Prehearing Detention shall be given priority in scheduling their appearance before the Disciplinary Board or hearing officer.

(d) Time spent in Prehearing Detention shall be credited against any subsequent sentence imposed.

(e) No delays in hearing a case shall be permitted for the purpose of punishment or discipline.

(f) An inmate shall be provided the opportunity to be present during the Disciplinary Hearing except for the Disciplinary Board's/hearing officer's deliberations and reasons of security. The reasons for excluding an inmate from a Disciplinary Hearing shall be documented in the inmate's record.

(g) An inmate may be represented by a counsel substitute (staff or inmate) when it is determined by the Disciplinary Board/hearing officer that the inmate is illiterate, not sufficiently conversant with the English language, or otherwise unable to read, understand or communicate due to a physical/medical inability, or cannot adequately collect and present the evidence on his or her own behalf.

(h) An inmate shall be provided an opportunity to call witnesses on his or her behalf, unless doing so would be irrelevant, repetitive or unduly effect the safe, secure or orderly operation of the adult county correctional facility safety. The reasons for denying the opportunity to call witnesses shall be stated in writing and filed in the inmate's record.

(i) An inmate shall be provided the opportunity to make a statement and present documentary evidence.

(j) An inmate shall be provided the opportunity to confront and cross-examine his or her accuser and all adverse witnesses unless doing so would be unduly hazardous to facility safety or would endanger the physical safety of a witness. The reasons for denying the opportunity to cross-examine accusers or adverse witnesses shall be stated in writing and filed in the inmate's record.

(k) In absentia hearings may be held if the inmate refuses to attend the Disciplinary Hearing. Documentation of this refusal shall be reported in writing.

(l) Should further investigation be required, the Disciplinary Hearing may be postponed by the Disciplinary Board/hearing officer but the inmate shall not be held in Prehearing Detention for more than a total of 72 hours for Prehearing Detention cases and for seven days for when inmates remain in general population awaiting a disciplinary hearing.

N.J. Admin. Code § 10A:31-16.12

Amended by R.2000 d.332, effective 8/7/2000.
See: 32 N.J.R. 1894(a), 32 N.J.R. 2945(a).
In (c) inserted "or hearing officer" at the end; in (f) added "hearing officer's" following "Board's" and substituted shall for must; rewrote (g) and (h); in (j) substituted facility for institutional and shall for must; in (k) substituted shall for must; and in ( l), inserted "hearing officer" following "Board/".
Amended by R.2011 d.059, effective 2/22/2011.
See: 42 N.J.R. 2692(a), 43 N.J.R. 427(a).
In (a) and (b), inserted "calendar", and substituted "business day" for "weekday"; and in (g), substituted "on" for "in".

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