N.J. Admin. Code § 10A:5-5.3

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

Section 10A:5-5.3 - Appeal procedures for an involuntary Protective Custody placement

(a) The inmate shall be advised of the opportunity to appeal to the Administrator or designee at the time that the inmate is provided with the Protective Custody hearing decision.

(b) The inmate shall have five business days from the date he or she receives the Protective Custody decision to submit a letter of appeal.

(c) All appeals shall be reviewed by the Administrator or designee and the following factors shall be considered:

1. Whether there was compliance with this subchapter;

2. Whether the decision was based on reliable information; and

3. Whether the decision to place the inmate in Protective Custody was justifiable considering the inmate's safety and the continued safe and secure operation of the correctional facility.

(d) Within 10 business days of receipt of the appeal, the Administrator or designee may:

1. Approve the Disciplinary Hearing Officer's decision;

2. Modify the Disciplinary Hearing Officer's decision; or

3. Order further hearings.

(e) In all cases, the inmate shall be notified in writing of the decision of the Administrator or designee.

N.J. Admin. Code § 10A:5-5.3

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

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