N.J. Admin. Code § 10A:5-7.1

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

Section 10A:5-7.1 - Placement in the Investigative Housing Unit (I.H.U.)

(a) An inmate may be placed in the I.H.U. for a period not to exceed 72 hours unless exceptional circumstances, such as, but not limited to, other information received or other clear and convincing evidence found warrant extension of this time period.

1. Placement of the inmate in I.H.U. will be reviewed within 24 hours of placement by a supervisor that was not involved in the initial placement decision. Placement in I.H.U. shall be preceded by a personal and comprehensive medical and mental health evaluation conducted by a clinician.

2. An inmate shall not be placed in the Investigative Housing Unit if the inmate is a member of a vulnerable population.

(b) When an inmate's presence in general population poses a danger to the inmate, staff, other inmates, or the public, the inmate may be considered for placement in the I.H.U. In making this determination, the facility Administrator shall consider the seriousness of the alleged offense, including whether the offense involved violence or escape or posed a threat to institutional safety by encouraging others to engage in misconduct; or the facility Administrator has granted approval in an emergency situation. (See N.J.S.A. 30:4-82.9.a). Additional criteria for placement of an inmate in the Investigative Housing Unit (I.H.U.) and status are:

1. Clear and convincing evidence exists to indicate that the inmate is engaged in, or is planning a serious violation (asterisked offenses under N.J.A.C. 10A:4-4.1(a)) of correctional facility rules, on which disciplinary action is considered premature;

2. Clear and convincing evidence exists to indicate that the inmate is in possession of, or plans to obtain, contraband, which may pose a danger to the inmate or others;

3. Any other emergency reason, which, in the opinion of the Administrator, or designee, requires Investigative Housing Unit (I.H.U.) confinement to protect the inmate, staff, general public, and/or the security and control of the correctional facility; and/or

4. The final decision to place an inmate in the I.H.U. shall be made by the Administrator, or designee.

(c) On or before the expiration of the 72-hour period, unless there are emergent reasons for extension, the inmate shall be released from the Investigative Housing Unit (I.H.U.) to:

1. The general population;

2. A medical or psychiatric housing unit for continued observation, treatment, or commitment procedures (N.J.A.C. 10A:16-13); or

3. Another close custody unit such as, the Protective Custody Unit or the Management Control Unit.

(d) Release from the Investigative Housing Unit (I.H.U.) may be ordered only by the Administrator, or designee.

(e) In consideration of the reason for an inmate's placement in the Investigative Housing Unit (I.H.U.), a Correction Major, or designee, shall determine the personal property and other privileges, such as, but not limited to, visits and telephone calls, which the inmate may be afforded while in the Investigative Housing Unit (I.H.U.).

N.J. Admin. Code § 10A:5-7.1

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

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

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