N.J. Admin. Code § 10A:9-3.3

Current through Register Vol. 56, No. 11, June 3, 2024

Section 10A:9-3.3 - Institutional Classification Committee (I.C.C.) decision-making criteria

(a) Decisions on transfers and assignments to housing; work, educational, vocational, or treatment programs; custody status; and residential community programs shall be made after consideration of the following factors:

1. The objective classification scoring results (excluding inmates committed to A.D.T.C.);

2. Needs and interests expressed by inmate;

3. Age;

4. Family status;

5. Social contacts with family and friends;

6. Correctional facility adjustment;

7. Residential community program adjustment;

8. Educational history and needs;

9. Vocational history and needs;

10. Military history;

11. Nature and circumstance of present offense, including whether it was committed in an especially heinous, cruel, or depraved manner (N.J.S.A. 2C:44);

12. Prior offense record;

13. Records from previous confinement;

14. Detainers on file or pending;

15. Substance dependency and/or involvement;

16. Sexual adjustment;

17. History of escape, attempted escape or propensity for escape;

18. Current psychological and/or psychiatric reports;

19. Medical history and recommendations;

20. Arson history;

21. A conviction for any offense that resulted in a life sentence when one or more of the following aggravating circumstances are in the inmate's present or prior offense history (see N.J.S.A. 2C:44-1a.)

i. Grave or serious harm inflicted on a victim, including whether or not the offender knew or reasonably should have known that the victim was particularly vulnerable or incapable of resistance due to advanced age, ill health, or extreme youth, or for any other reason, the victim was substantially incapable of exercising normal physical or mental power of resistance;

ii. A substantial likelihood that the offender was involved in organized criminal activity;

iii. The offender committed the present offense pursuant to an agreement that he or she either pay or be paid for the commission of the offense and the financial incentive was beyond that inherent in the offense itself;

iv. The offender committed the offense against a police or other law enforcement officer, correctional employee or fireman, acting in the performance of his or her duties while in uniform or exhibiting evidence of his or her authority and/or the offender committed the offense because of the status of the victim as a public servant;

22. Needs of the correctional facility; and/or

23. Any other factor pertinent to the inmate's case.

(b) Under the direction of the Commissioner, a second review by COHQ staff or committee (see N.J.A.C. 10A:1-2.3) is required to approve or disapprove all initial I.C.C. review findings for all:

1. Custody status changes resulting in denial of full minimum status by Classification Services -Central Office (see N.J.A.C. 10A:1-2.3) to support, or not support, initial I.C.C. findings; and

2. Approval agreed to by the facility administrator for participation in a community release program and by the Office of Community Programs (OCP) (see N.J.A.C. 10A:1-2.3).

N.J. Admin. Code § 10A:9-3.3

Amended by R.1992 d.79, effective 2/18/1992.
See: 23 N.J.R. 3721(a), 24 N.J.R. 612(a).
Stylistic revisions in (a).
Amended by R.1997 d.122, effective 3/17/1997.
See: 29 N.J.R. 80(b), 29 N.J.R. 880(a).
Inserted (a)1; and recodified former (a)1 through (a)20 as (a)2 through (a)21.
Amended by R.2002 d.190, effective 6/17/2002.
See: 34 N.J.R. 1082(a), 34 N.J.R. 2030(a).
In (a)14, substituted "Substance" for "Drug".
Amended by R.2007 d.42, effective 2/5/2007.
See: 38 N.J.R. 4389(a), 39 N.J.R. 489(a).
In introductory paragraph of (a), substituted "residential community programs" for "community release programs"; added new (a)7; recodified former (a)7 through (a)19 as (a)8 through (a)20; added (a)21; and recodified former (a)20 and (a)21 as (a)22 and (a)23.
Amended by R.2007 d.379, effective 12/17/2007.
See: 39 N.J.R. 2445(a), 39 N.J.R. 5340(b).
Section was "Institutional Classification Committee (I.C.C.) decision making criteria". In (a)1, deleted "as indicated on form CRAU-006 or CRAU-007" following "results".

Amended by 52 N.J.R. 2060(a), effective 11/16/2020