N.J. Admin. Code § 10A:5-5.2

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

Section 10A:5-5.2 - Hearing procedure for involuntary placement in a Protective Custody Unit

(a) An inmate under consideration for placement in Protective Custody shall be given written notice of an involuntary Protective Custody hearing, as soon as practicable.

(b) A copy of the written notice shall be given to the inmate at least 24 hours prior to the in-person hearing and may include any of the following:

1. Witnesses' written statements;

2. Documents related to the nature of threat of harm involved; or

3. Other written facts relevant to the need or lack of need for placement in Protective Custody.

(c) At the time of receipt of the notice, the inmate shall be given the opportunity to present the basis for any opposition to involuntary placement in Protective Custody. The inmate shall not, however, be required to make any statement at this time. The information contained in the notice, together with any statement or evidence provided by the inmate at the time of receipt of the notice, shall be reviewed by the Administrator or designee immediately to determine whether, pending the completion of a thorough investigation, there is a reasonable basis to conclude that the inmate is in need of Protective Custody.

(d) Illiterate inmates or inmates otherwise unable to adequately collect and present the facts shall receive the assistance of a counsel substitute assigned by the Disciplinary Hearing Officer or Administrator or designee. An interpreter shall be utilized, if needed, at the discretion of the Disciplinary Hearing Officer.

(e) The Disciplinary Hearing Officer shall have the discretion to keep the hearing within reasonable limits and to refuse to permit the collection and presentation of evidence which is not necessary for an adequate understanding of the case. The Disciplinary Hearing Officer may order further investigation and reports where deemed necessary and shall exercise control over all presentations to prevent lack of relevancy, harassment, abuse or repetitiveness and to ensure that the hearing does not develop into an adversarial proceeding.

(f) Inmates placed involuntarily in Prehearing Protective Custody shall receive a hearing within 72 hours of placement in Prehearing Protective Custody, unless there are exceptional circumstances, unavoidable delays, or reasonable postponements.

(g) The inmate shall be permitted to be present at the hearing except during the necessary deliberations of the Disciplinary Hearing Officer and except in instances where the security or order of the facility would be jeopardized. Reasons for excluding an inmate from the hearing shall be documented in the record. At the hearing, the inmate shall be informed of all information related to the inmate's case, with the exception of information designated confidential. In the event the inmate is not permitted to be present at the hearing, the inmate shall be notified of information related to the case in accordance with (l) below.

(h) When reviewing confidential informant information, the Disciplinary Hearing Officer shall inquire into the reliability of the informant and the information, and shall utilize such information only after satisfied that it is reasonably reliable. Whenever informant information is used, the inmate shall be informed of the general character of the information, if practicable. The details of the informant information shall be withheld on grounds of confidentiality.

1. In any case in which the Disciplinary Hearing Officer's decision is based on evidence that includes confidential information, adjudication shall contain:

i. A concise summary of the facts on which the Disciplinary Hearing Officer concluded that the informant was credible or his or her information reliable; and

ii. The informant's statement (either in writing or as reported) in language that is factual rather than a conclusion, and based on the informant's knowledge of the matters contained in such statement.

2. The Disciplinary Hearing Officer is not permitted to disclose the identity of the informant.

(i) The Disciplinary Hearing Officer shall provide a written notice of decision and a summary of the evidence relied upon.

(j) The inmate may be placed in involuntary Protective Custody only when there is clear and convincing evidence that confinement is necessary to prevent reasonably foreseeable harm and a less restrictive intervention or transfer to another correctional facility would not be sufficient to prevent the harm (N.J.S.A. 30:4-82.8.d(4)(b)).

(k) An inmate held in involuntary Protective Custody in a State correctional facility shall receive a personal and comprehensive medical and mental health evaluation by a clinician prior to placement in involuntary Protective Custody. Reports of these evaluations shall be immediately provided to the facility Administrator.

N.J. Admin. Code § 10A:5-5.2

Amended by 47 N.J.R. 2500(a), effective 10/5/2015

Amended by 53 N.J.R. 719(a), effective 5/3/2021