N.J. Admin. Code § 10A:4-11.3

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

Section 10A:4-11.3 - Suspension of sanctions pending appeal

(a) Inmates who wish to have their sanctions suspended pending a decision on their appeal, must make a request to the Administrator or designee for this consideration. If this request is not made, no action shall be taken to suspend any sanctions received in the disciplinary hearing.

(b) A disciplinary sanction shall not be suspended pending appeal unless the inmate establishes by clear and convincing evidence that the inmate's release from Prehearing Disciplinary Housing will not jeopardize correctional facility safety, security, and order, that witnesses or victims will not be intimidated, and that the inmate will not engage in any action that could otherwise interfere with the administration of justice.

(c) In those cases where the Administrator or designee grants the inmate's request for release from Prehearing Disciplinary Housing pending appeal, the release shall not preclude the correctional facility from denying outside privileges; such as, but not limited to, furloughs for the inmate even though other disciplinary sanctions are suspended pending the outcome of the appeal.

N.J. Admin. Code § 10A:4-11.3

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