N.J. Admin. Code § 10A:5-1.2

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

Section 10A:5-1.2 - Definitions

The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise:

"Adjustment Unit" mean a close custody unit used as a form of separation of an inmate from general population for a specific period of time after a finding of guilt for any offense in Category A. The Adjustment Unit is intended to deter the inmate from future violations.

"Emergency Confinement" means the segregation of an inmate in a correctional facility when there is reasonable cause to believe that this segregation is necessary for reducing a substantial risk of imminent serious harm to the inmate or others, as evidenced by recent conduct.

"Investigative Housing Unit (I.H.U.)" means a close custody unit used for the non-punitive removal of an inmate from the inmate general population, or other assigned housing, with restriction to the inmate's cell or to a close custody unit for a period not to exceed 72 hours, in order to conduct an investigation related to the inmate, which may include, but is not limited to, special observations (other than healthcare) of the inmate in relation to a disciplinary offense, unless information or evidence warrants an extension beyond 72 hours and the extension is approved by the appropriate supervisor.

"Management Control Unit (M.C.U.)" means a close custody unit to which an inmate may be assigned if the inmate poses a substantial threat to the safety of others, of damage to, or destruction of, property, or of interrupting the operation of a State correctional facility.

"Management Control Unit Review Committee (M.C.U.R.C.)" means the Committee that is responsible for hearing cases of inmates referred for placement in the Management Control Unit (M.C.U.) and for conducting three month status reviews of inmates assigned to M.C.U.

"M.C.U. Hearing Officer" or "Hearing Officer" means the staff member, with the rank of Assistant Superintendent or above, designated by the Deputy Commissioner or Assistant Commissioner of Operations to hear and preside over M.C.U. initial placement hearings.

"Member of vulnerable population" means any inmate who:

1. Is 21 years of age or younger;

2. Is 65 years of age or older;

3. Has a disability based on a mental illness, as defined in subsection r. of section 2 of P.L. 1987, c. 116 (N.J.S.A. 30:4-27.2), a history of psychiatric hospitalization, or has recently exhibited conduct, including, but not limited to, serious self-mutilation, indicating the need for further observation or evaluation to determine the presence of mental illness;

4. Has a developmental disability, as defined at N.J.S.A. 30:6D-25;

5. Has a serious medical condition that cannot effectively be treated in isolated confinement;

6. Is pregnant, is in the postpartum period, or has recently suffered a miscarriage or terminated a pregnancy. "Postpartum period" means the 45 days after childbirth;

7. Has a significant auditory or visual impairment; or

8. Is perceived to be lesbian, gay, bisexual, transgender, or intersex.

"Protective Custody" means confinement to a secure unit designated to restrict or limit an inmate's activities and contact with others, in order to provide protection to the inmate from injury or harm, actually threatened, or reasonably believed to exist based on events, investigative reports, reports from an informant(s), or other reliable source(s) of information.

"Restorative Housing Unit" (R.H.U.) means a close custody unit that is less restrictive than the Adjustment Unit and may be used to remove an inmate from the general population of a correctional facility because of one or more disciplinary infractions.

"Special Administrative Review Committee (S.A.R.C.)" means the committee members designated by the Director, Division of Operations, who are responsible for the bimonthly review of the status of the inmates assigned to the Restorative Housing Unit (R.H.U.).

"Temporary Administrative Housing" (T.A.H.) means the temporary close custody unit for the non-punitive removal of an inmate from general population for a period not to exceed 72 hours to accommodate other temporary situations in which there is concern for the safety of the inmate, or others, or in emergent situations in which general population and other close custody units are not applicable.

N.J. Admin. Code § 10A:5-1.2

Amended and Recodified from 10A:5-1.3 by 53 N.J.R. 719(a), effective 5/3/2021

Amended by 54 N.J.R. 2393(a), effective 12/19/2022