N.J. Admin. Code § 10A:4-9.21

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

Section 10A:4-9.21 - Emergency transfer to another correctional facility or unit

(a) When it shall appear that an inmate has committed a disciplinary infraction that requires the inmate's immediate transfer to the general population of another correctional facility or unit, or the Prehearing Disciplinary Housing Unit of another correctional facility or unit, the notice and disciplinary hearing shall be granted after the transfer.

(b) The Disciplinary Hearing Officer or Adjustment Committee assigned to the correctional facility to which the inmate has been transferred shall conduct the hearing.

(c) Staff at the sending correctional facility shall be responsible for preparing the disciplinary charges, conducting the investigation and delivering this material to the receiving correctional facility.

(d) The transfer of inmates in keep separate status shall be conducted in accordance with N.J.A.C. 10A:3-2.

(e) All due process safeguards shall be provided as soon after the transfer as practicable and shall be in compliance with this subchapter except that written statements of unavailable witnesses shall be liberally accepted instead of live testimony.

(f) No transfer as described in this subchapter shall be effected unless the Administrator and either the Assistant Commissioner or Director, Division of Operations (or the Commissioner or designee if both the Assistant Commissioner and the Director are unavailable) shall have determined that there are emergency conditions in the sending correctional facility justifying the transfer.

(g) Transfers of adjudicated delinquents 18 years of age or older from the Juvenile Justice Commission to the Department of Corrections shall be handled in accordance with N.J.A.C. 13:91-2.

N.J. Admin. Code § 10A:4-9.21

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