N.J. Admin. Code § 10A:4-9.16

Current through Register Vol. 56, No. 8, April 15, 2024

Section 10A:4-9.16 - Modification of charge during disciplinary hearing

(a) Whenever it becomes apparent at a disciplinary hearing that an incorrect prohibited act is cited in the disciplinary report but that the inmate may have committed another prohibited act, the Adjustment Committee or Disciplinary Hearing Officer shall modify the charge. The inmate shall be given the option of a 24-hour postponement to prepare his or her defense against the new charge or have the new charge adjudicated at that time.

(b) If, after reviewing the charge, the inmate's past disciplinary record and any special reports, the Disciplinary Hearing Officer or Adjustment Committee concludes that the infraction is of a minor nature that is suitable for handling as an on-the-spot correction, the charge may be referred back to the appropriate custody staff supervisor for handling under N.J.A.C. 10A:4-7, On-The-Spot Correction.

Amended by R.2006 d.398, effective 11/20/2006.
See: 38 N.J.R. 3121(a), 38 N.J.R. 4867(a).
In (a), substituted ". The inmate shall be given" for "and give the inmate", "his or her" for "his/her" and "have" for "adjudicate" and inserted "adjudicated"; and in (b), inserted "that is" and substituted "custody staff supervisor" for "Shift Supervisor".