N.J. Admin. Code § 10A:4-11.5

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

Section 10A:4-11.5 - Disposition of appeal

(a) At the conclusion of the Administrator's or designee's review of an appeal, one of the following actions shall be taken:

1. The Administrator or designee shall rescind the decision of the Disciplinary Hearing Officer or Adjustment Committee if the review and/or investigation indicates that the evidence fails to demonstrate that any violation was committed, or the Administrator or designee determines that there was such a failure to adhere to proper procedures at the initial hearing that the inmate had been irreparably prejudiced and would be unable to present a defense at a rehearing. No further disciplinary action shall be taken. The copies of the infraction and all notations concerning the infraction shall be promptly expunged from the inmate's records.

2. The Administrator or designee shall rescind the original decision and order a new hearing if the review and/or investigation indicates that procedural safeguards prescribed for inmate disciplinary hearings were not followed, or if new evidence not available at the original hearing is revealed. If a new hearing is ordered, there shall be no increase in the severity of the sanctions unless new evidence warrants such action.

3. The Administrator or designee shall downgrade the sanctions if the review and/or investigation indicates that the sanction is disproportionate to the offense in accordance with factors enumerated in N.J.A.C. 10A:4-9, Disciplinary Procedures, except in the case of a termination of contact visits sanction as established in 10A:4-5.1(c).

4. The Administrator or designee shall order a new hearing if the review and/or investigation indicates that the evidence does not support the findings of the Adjustment Committee or Disciplinary Hearing Officer but would support some form of disciplinary action for a lesser offense than that with which the inmate was charged.

5. The Administrator or designee, in all other cases, shall uphold the decision of the Adjustment Committee or Disciplinary Hearing Officer and make no change in the penalty.

(b) In no event shall there be an increase in severity of sanctions issued by the Adjustment Committee or Disciplinary Hearing Officer solely as a result of the review of the appeal.

N.J. Admin. Code § 10A:4-11.5

Amended by R.1996 d.237, effective 5/20/1996.
See: 28 N.J.R. 1464(a), 28 N.J.R. 2555(b).
Amended by R.1998 d.526, effective 11/2/1998.
See: 30 N.J.R. 2810(a), 30 N.J.R. 3965(a).
In (a)3, deleted "his/her" preceding "designee" at the beginning and added an exception at the end.
Amended by R.2006 d.398, effective 11/20/2006.
See: 38 N.J.R. 3121(a), 38 N.J.R. 4867(a).
In the introductory paragraph of (a), inserted "or designee's"; in (a)1, inserted "or designee"; and in (a)3, updated the N.J.A.C. reference.