N.J. Admin. Code § 10A:5-3.1

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

Section 10A:5-3.1 - Out-of-cell activities in Close Custody Units

(a) Inmates housed in the Management Control Unit (M.C.U.), Restorative Housing Unit (R.H.U.), Protective Custody (P.C.), and Temporary Administrative Housing Unit (T.A.H.) shall have meaningful opportunities to participate in out-of-cell activities, including recreation, services, and programs of a chaplaincy, substance abuse, or addiction nature. For safety and security reasons, opportunities for social interaction and congregate activities will be based on custody status, the risk or threat of harm to themselves or others, the destruction of property, and the safe and secure operation of the correctional facility.

(b) Inmate participation in out-of-cell services and activities is voluntary and refusal to participate will not be subject to disciplinary sanction as set forth at N.J.A.C. 10A:4-5.1, but will result in an advisement or report to the housing unit review committee, such as the Management Control Unit Review Committee (M.C.U.R.C.), Special Segregation Review Committee (S.A.R.C.), or Institutional Classification Committee (I.C.C.), as applicable.

1. Whenever an inmate refuses to participate in the opportunity for out-of-cell time, the Department's obligations under the Isolated Confinement Restriction Act for out-of-cell time shall be considered fulfilled and any related confinement will be of the inmate's choosing and shall not be considered Isolated Confinement, as defined at N.J.S.A. 30:4-82.5 through 11.

(c) Inmate behavior while participating in out-of-cell services and activities shall be monitored by staff and reported to the unit specific review committee, as appropriate.

(d) Disruptive inmate behavior shall result in removal of the inmate from the out-of-cell service or activity and an advisement or report to the unit specific review committee. Any behavior rising to a disciplinary infraction will be addressed through the disciplinary process set forth at N.J.A.C. 10A:4-4.1 and 5.1.

N.J. Admin. Code § 10A:5-3.1

Amended by R.2014 d.027, effective 2/3/2014.
See: 45 N.J.R. 13(a), 46 N.J.R. 297(a).
In (f), substituted "Close Supervision" for "Segregation" throughout.
Amended by R.2017 d.007, effective 1/3/2017.
See: 48 N.J.R. 915(a), 49 N.J.R. 105(a).
Rewrote the section.
Amended and Recodified from 10A:5-9.3 by 53 N.J.R. 719(a), effective 5/3/2021