N.J. Admin. Code § 10A:4-9.24

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

Section 10A:4-9.24 - Disciplinary decision

(a) After the hearing has been completed, a written statement of the fact-findings shall be given to the inmate by the Disciplinary Hearing Officer, the Adjustment Committee Chairperson, or by Disciplinary Staff. This statement shall include evidence relied upon, the decision and the reason for the disciplinary action taken, unless doing so would, in the discretionary opinion of the Disciplinary Hearing Officer or Adjustment Committee Chairperson, jeopardize correctional facility security. The written statement shall also indicate the reason for refusing to call a witness or to disclose items of evidence whether it be for irrelevance, lack of necessity, or other special circumstances presented in individual cases. When an inmate has been denied the opportunity for confrontation and cross-examination, the reason for such denial shall be entered in the record and made available to the inmate.

(b) A copy of the disciplinary decision shall be kept in the inmate's classification folder, unless the inmate has been adjudicated not guilty of the charge(s), in which case, the records of the charge(s) shall be expunged from the inmate's classification folder.

(c) If the inmate is adjudicated guilty, the decision shall be entered on the inmate's progress notes and included in reports submitted to the New Jersey State Parole Board.

N.J. Admin. Code § 10A:4-9.24

Amended by R.1991 d.276, effective 6/3/1991.
See: 23 N.J.R. 658(a), 23 N.J.R. 1797(b).
Added new (c).
Amended by R.1996 d.237, effective 5/20/1996.
See: 28 N.J.R. 1464(a), 28 N.J.R. 2555(b).

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