N.J. Admin. Code § 10A:9-4.5

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

Section 10A:9-4.5 - Discretion of Institutional Classification Committee (I.C.C.); factors to be considered

(a) In making decisions to reduce an inmate's custody status, the I.C.C. shall take into consideration all relevant factors. These factors may include, but are not limited to:

1. Field account of the present offense;

2. Prior criminal record;

3. Previous incarcerations;

4. Correctional facility adjustment;

5. Residential community program adjustment;

6. The objective classification score;

7. Reports from professional and custody staff;

8. A conviction for a present or prior offense that resulted in a life sentence; and

9. Any reason which, in the opinion of the Administrator and the I.C.C., relates to the best interests of the inmate or the safe, orderly operation of the correctional facility or the safety of the community or public at large.

(b) When considering inmates whose present offense or past history involves arson, escape, assault, murder or sexual offenses, or who have been known to have psychological problems, the I.C.C. shall utilize psychiatric or psychological evaluations which are not more than six months old and which address suitability for reduced custody status.

(c) I.C.C.s shall not be compelled by these criteria to automatically grant a reduction in custody status to every inmate who is eligible for consideration.

(d) I.C.C.s have no authority to grant reductions in custody status to inmates who fall outside the eligibility guidelines unless appropriate requests for rule exemptions are filed and approved, pursuant to N.J.A.C. 10A:1-2, General provisions.

(e) An inmate who has been granted reduced custody status may have his or her custody status increased for any of the following reasons, subject to confirmation by the I.C.C.:

1. On recommendation of the Disciplinary Hearing Officer in connection with disciplinary actions;

2. Upon receipt of a non-permissible detainer;

3. Upon receipt of credible, reliable information from official authorities or informants, that the inmate may be an escape risk;

4. Failure of the inmate to adjust to the social or programmatic needs of the reduced custody unit; and/or

5. Any reason which, in the opinion of the Administrator and I.C.C., relates to the best interests of the inmate or the safe, orderly operation of the correctional facility or the safety of the community or public at large.

(f) The inmate shall receive a written notice of the reason(s) of the I.C.C. for increasing the inmate's custody status within five business days.

N.J. Admin. Code § 10A:9-4.5

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