N.J. Admin. Code § 10A:9-2.13

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

Section 10A:9-2.13 - Severity of Offense-Disciplinary Infractions Scale

(a) The Severity of Offense--Disciplinary Infractions Scale shall be used to assess an inmate's most serious disciplinary infraction received in the previous 12 months of incarceration. The Severity of Offense--Disciplinary Infraction Scale has the following categories and point values:

1. Category A: seven points;

2. Category B: five points;

3. Category C: three points;

4. Category D: two points;

5. Category E and none: zero points; and

6. Category F: zero points if the Drug Diversion Program is successfully completed, otherwise five points.

(b) The following prohibited acts appear at the Category A level of the Severity of Offense-Disciplinary Infractions Scale.

1. *.001 killing;

2. *.002 assaulting any person;

3. *.003 assaulting any person with a weapon;

4. *.006 extortion, blackmail, protection: demanding or receiving favors, money or anything of value in return for protection against others, to avoid bodily harm, or under threat of informing;

5. *.007 hostage taking;

6. *008 abuse/cruelty to animals;

7. *009 misuse, possession, distribution, sale, or intent to distribute or sell, an electronic communication device, equipment, or peripheral that is capable of transmitting, receiving, or storing data and/or electronically transmitting a message, image, or data that is not authorized for use or retention while assigned to a secure correctional facility (see "electronic communication device" definition at N.J.A.C. 10A:1-2.2);

8. *.010 engaging, participating, and/or recruiting others to participate in an activity(ies) related to a security threat group;

9. *.012 throwing bodily fluid at any person or otherwise purposely subjecting such person to contact with a bodily fluid;

10. *.050 sexual assault or abuse;

11. *.101 escape from a secure facility;

12. *.102 attempting or planning escape;

13. *.151 arson;

14. *.155 adulteration or tampering of any food or drink;

15. *.201 possession or introduction of an explosive, incendiary device, or any ammunition;

16. *.202 possession or introduction of a weapon, such as, but not limited to, a sharpened instrument, knife or unauthorized tool;

17. *.215 possession with intent to distribute or sell prohibited substances, such as drugs, intoxicants, or related paraphernalia;

18. *.216 distribution or sale of prohibited substances such as drugs, intoxicants, or related paraphernalia;

19. *.251 rioting or encouraging others to riot;

20. *.253 engaging in or encouraging a group demonstration or work stoppage;

21. *.360 unlawfully obtaining or seeking to obtain per-sonal information pertaining to an inmate's victim or the victim's family or pertaining to DOC staff or other law enforcement staff or the family of said staff;

22. *.704 perpetrating frauds, deceptions, confidence games, riots, or escape plots; or

23. *.803 attempting to commit any of the above acts preceded by an asterisk, aiding another person to commit any such act or making plans to commit such acts shall be considered the same as a commission of the act itself.

(c) The following prohibited acts appear at the Category B level of the Severity of Offense-Disciplinary Infractions Scale.

1. *.004 fighting with another person;

2. *.005 threatening another with bodily harm or with any offense against his or her person or his or her property;

3. *.011 possession or exhibition of anything related to a security threat group;

4. *.014 unauthorized physical contact with any person with an article, item or material such as anything readily capable of inflicting bodily injury;

5. *.051 engaging in sexual acts with others;

6. *.053 indecent exposure;

7. *.054 refusal to register as a sex offender or any refusal to register as required by law;

8. *.055 making sexual threats to another;

9. *.056 sexual contact, involving the intentional touching, directly or indirectly, through the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of another person, excluding contact incidental to a physical altercation;

10. *.150 tampering with fire alarms, fire equipment or fire suppressant equipment;

11. *.153 stealing (theft);

12. *.154 tampering with or blocking any locking device;

13. *207 possession of money or currency (in excess of $ 50.00) unless specifically authorized in a secure facility;

14. *.211 possessing any staff member's clothing and/or equipment;

15. *.214 possession of unauthorized keys or other security equipment;

16. *254 refusing to work, or to accept a program or housing unit assignment;

17. *256 refusing to obey an order of any staff member;

18. *.260 refusing to submit to mandatory medical or other testing such as, but not limited to, mandatory testing required by law or court order;

19. *.306 conduct which disrupts or interferes with the security or orderly running of the correctional facility;

20. *.352 counterfeiting, forging or unauthorized reproduction or use of any classification document, court document, psychiatric, psychological or medical report, money or any other official document;

21. *.502 interfering with the taking of count;

22. *.708 refusal to submit to a search;

23. *.751 giving or offering any official or staff member a bribe or anything of value; or

24. *.803 attempting to commit any of the above acts preceded by an asterisk, aiding another person to commit any such act or making plans to commit such acts shall be considered the same as a commission of the act itself.

25. *900 failure to complete a Drug Diversion Program.

(d) The following prohibited acts appear at the Category C level of the Severity of Offense-Disciplinary Infractions Scale.

1. *.009A misuse, possession, distribution, sale or intent to distribute or sell, an electronic communication device, equipment or peripheral that is capable of transmitting, receiving or storing data and/or electronically transmitting a message, image or data that is not authorized for use or retention by an inmate who is assigned to a Residential Community Release Program (see "electronic communication device" definition at N.J.A.C. 10A:1-2.2);

2. *.013 unauthorized physical contact with any person, such as, but not limited to, physical contact not initiated by a staff member, volunteer or visitor;

3. *.052 making sexual proposals to another;

4. *.057 Sexual harassment involves repeated and/or unwelcomed sexual advances, request for sexual favors, or verbal comments, gestures, or actions of a derogatory or offensive sexual nature;

5. *.101A Escape from a residential community release program or furlough;

6. *.103 wearing a disguise or mask;

7. *.204A use by an inmate who is assigned to a Residential Community Program of any prohibited substances such as drugs, intoxicants or related paraphernalia not prescribed for the inmate by the medical or dental staff;

8. *.212 possessing unauthorized clothing;

9. *.351 counterfeiting, forging, or unauthorized reproduction or use of any document not enumerated in prohibited act *.352;

10. *.401 participating in an unauthorized meeting or gathering;

11. *.402 being in an unauthorized area;

12. *.501 failure to stand count;

13. *.552A being intoxicated while the inmate is assigned to a Residential Community Program;

14. *.601 gambling;

15. *.602 preparing or conducting a gambling pool;

16. *.603 possession of gambling paraphernalia;

17. *.702 unauthorized contacts with the public;

18. *.705 commencing or operating a business or group for profit or commencing or operating a non-profit enterprise without the approval of the Administrator;

19. *.706 soliciting funds and/or noncash contributions from donors within or without the correctional facility except where permitted by the Administrator;

20. *.752 giving money or anything of value to, or accepting money or anything of value from, another inmate;

21. *.753 purchasing anything on credit;

22. *.754 giving money or anything of value to, or accepting money or anything of value from, a member of another inmate's family or another inmate's friend with an intent to circumvent any correctional facility or Departmental rule, regulation or policy or with an intent to further an illegal or improper purpose;

or 23. *.802 attempting to commit any of the above acts, aiding another person to commit any of the above acts or making plans to commit any of the above acts shall be considered the same as a commission of the act itself.

(e) The following prohibited acts appear at the Category D level of the Severity of Offense-Disciplinary Infractions Scale.

1. *.152 destroying, altering, or damaging government property, or the property of another person;

2. *.206 possession of money or currency ($ 50,000 or less) unless specifically authorized;

3. *.210 possession of anything not authorized for retention or receipt by an inmate or not issued to him or her through regular correctional facility channels;

4. *.305 lying, providing a false statement to a staff member;

5. *.553 smoking where prohibited;

6. *.554 possession of tobacco products or matches where not permitted;

7. *.653 tattooing;

8. *.709 failure to comply with a written rule or regulation of the correctional facility; or

9. *.802 attempting to commit any of the above acts, aiding another person to commit any of the above acts or making plans to commit any of the above acts shall be considered the same as a commission of the act itself.

(f) The following prohibited acts appear at the Category E level of the Severity of Offense-Disciplinary Infractions Scale.

1. *.207A possession of money or currency (in excess of $ 50.00), unless specifically authorized, in a residential community release program;

2. *.208 possession of property belonging to another person;

3. *.209 loaning of property or anything of value;

4. *.213 mutilating or altering clothing issued by the government;

5. *.257 violating a condition of any Residential Community Program or Residential Community Release Program;

6. *.301 unexcused absence from work or any assignment; being late for work;

7. *.302 malingering, feigning an illness;

8. *.303 failing to perform work as instructed by a staff member;

9. *.304 using abusive or obscene language to a staff member;

10. *.451 failure to follow safety or sanitation regulations;

11. *.452 using any equipment or machinery which is not specifically authorized;

12. *.453 using any equipment or machinery contrary to instructions or posted safety standards;

13. *.651 being unsanitary or untidy; failing to keep one's person and one's quarters in accordance with posted standards;

14. *.701 unauthorized use of mail or telephone;

15. *.703 correspondence or conduct with a visitor in violation of regulations;

16. *.707 failure to keep a scheduled appointment with medical, dental or other professional staff; or

17. *.802 attempting to commit any of the above acts, aiding another person to commit any of the above acts or making plans to commit any of the above acts shall be considered the same as a commission of the act itself.

(g) The following prohibited acts appear at the Category F level of the Severity of Offense-Disciplinary Infractions Scale.

1. *.203 possession or introduction of any prohibited substances such as drugs, intoxicants, or related paraphernalia not prescribed for the inmate by the medical or dental staff;

2. *.204 use of any prohibited substances such as drugs, intoxicants, or related paraphernalia not prescribed for the inmate by the medical or dental staff;

3. *.205 misuse of authorized medication;

4. *.258 refusing to submit to testing for prohibited substances;

5. *.259 failure to comply with an order to submit a specimen for prohibited substance testing (see N.J.A.C. 10A:3-5);

6. *.261 tampering with a test specimen;

7. *.551 making intoxicants, alcoholic beverages, or prohibited substances, such as narcotics and controlled dangerous substances, or making related paraphernalia;

8. *.552 being intoxicated; and

9. *.803 attempting to commit, aiding another person to commit, or making plans to commit any Category B offense.

N.J. Admin. Code § 10A:9-2.13

Amended by 47 N.J.R. 998(c), effective 5/18/2015.

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

Amended by 53 N.J.R. 737(a), effective 5/3/2021