N.J. Admin. Code § 10A:4-9.14

Current through Register Vol. 56, No. 8, April 15, 2024

Section 10A:4-9.14 - Confrontation and cross-examination

(a) The opportunity for confrontation and cross-examination of the accuser(s) and/or the State's witness(es), if requested, shall be provided to the inmate or counsel substitute in such instances where the Disciplinary Hearing Officer or Adjustment Committee deems it necessary for an adequate presentation of the evidence, particularly when serious issues of credibility are involved.

(b) The Disciplinary Hearing Officer or Adjustment Committee may refuse confrontation and cross-examination when confrontation and cross-examination is determined by the Disciplinary Hearing Officer or Adjustment Committee to be:

1. Unduly hazardous to the correctional facility/unit safety, security, orderly operation, or goals;

2. Irrelevant;

3. Likely to produce repetitive testimony;

4. Harassing or retaliatory against another;

5. For some malicious purpose;

6. A request to call a witness who is a confidential informant;

7. A request to call a witness who is not employed or no longer employed by the Department of Corrections;

8. A request to call a witness who is not in the custody of the New Jersey Department of Corrections; or

9. A request to call an unavailable witness, as defined in this chapter. An unavailable witness may be asked to submit a written statement answering cross-examination questions in lieu of an in-person appearance.

(c) If the request for confrontation/cross-examination is granted, the inmate or counsel substitute shall provide proposed questions to the Disciplinary Hearing Officer or Adjustment Committee for review.

(d) Based upon the review as established in (c) above, the Disciplinary Hearing Officer or Adjustment Committee may take testimony in a manner or form which is determined to be necessary to protect correctional facility/unit safety, security, orderly operation, or goals. The Disciplinary Hearing Officer or Adjustment Committee may disallow any questions that may:

1. Be unduly hazardous to the correctional facility/unit safety, security, orderly operation, or goals;

2. Be irrelevant;

3. Be repetitive;

4. Be meant to harass or retaliate;

5. Be for some malicious purpose; or

6. Reveal confidential information.

(e) The Disciplinary Hearing Officer or Adjustment Committee shall direct all remaining questions to the accuser and/or the State's witness. The inmate or counsel substitute may request additional follow-up confrontation/cross-examination questions, based on the testimony given by the accuser and/or the State's witness, following the procedure as set forth in this section.

(f) If the Disciplinary Hearing Officer denies the request of the inmate or counsel substitute to call a witness(es) or ask certain cross-examination questions, the reasons for the denial shall be specifically set forth on the Adjudication of Disciplinary Report.

N.J. Admin. Code § 10A:4-9.14

Amended by R.2004 d.293, effective 8/2/2004.
See: 36 N.J.R. 1867(a), 36 N.J.R. 3551(a).
Rewrote the section.
Amended by R.2006 d.398, effective 11/20/2006.
See: 38 N.J.R. 3121(a), 38 N.J.R. 4867(a).
Section was "Confrontation and cross examination". In (a), substituted "cross-examination" for "cross examination"; in the introductory paragraph of (b), substituted "confrontation and cross-examination" for "said"; and in (f), substituted "Form 259A" for "the" and deleted "form" following "Report".
Petition for Rulemaking.
See: 40 N.J.R. 4360(a).

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