N.J. Admin. Code § 10A:5-9.6

Current through Register Vol. 56, No. 23, December 2, 2024

Section 10A:5-9.6 - Special Administrative Review Committee ("S.A.R.C." or "the Committee")

(a) The S.A.R.C. is responsible for providing a bimonthly review, or more frequent reviews if deemed necessary, of the status of inmates assigned to all Restorative Housing Units (R.H.U.).

(b) The Director of the Division of Operations shall designate the following four voting members to serve on the S.A.R.C:

1. An Associate Administrator or Assistant Superintendent from a facility;

2. A representative from the Division of Operations;

3. A chairperson from among the voting members; and

4. A supervisory custody staff member of the rank of Correction Major or a Lieutenant to attend each meeting of the S.A.R.C.

(c) The other members of the S.A.R.C. shall be composed of:

1. One voting member, who shall be a representative from the correctional facility where the R.H.U. is located; and

2. Two non-voting members, who shall include an in-house psychiatrist or psychologist and a representative of the classification department that shall attend each meeting of the S.A.R.C.

(d) The S.A.R.C. shall meet as frequently as is necessary to accomplish the business of the S.A.R.C., and the meetings shall be held at a facility designated by the members.

(e) All inmates assigned to a R.H.U. shall have their assignment reviewed by the S.A.R.C. every 60 days, or more frequently if deemed necessary by the S.A.R.C., to evaluate inmate behavior while in the R.H.U.

(f) The S.A.R.C. review shall not necessitate the inmate's presence, although the Committee may, where it deems necessary, require the inmate to appear, unless he or she refuses to appear without the use of force.

(g) Upon review of the inmate's behavior, the S.A.R.C. may determine that the inmate should be released from the R.H.U. when it concludes that:

1. The initial need for placement in the R.H.U. no longer exists;

2. The inmate has clearly demonstrated, by his or her behavior, that he or she can, and will, adequately conform to the rules and regulations of correctional facilities;

3. The inmate's presence in the general population will not pose a threat to the safe, secure, and orderly operations of a correctional facility;

4. The inmate's presence in the general population prior to completion of the sanction as specified by the Disciplinary Hearing Officer would not adversely affect the safety and security goals of a correctional facility; and/or

5. The inmate has a history or presence of a healthcare condition and continued confinement in R.H.U. is likely to add to the inmate's mental decompensation.

(h) If the S.A.R.C. determines not to release the inmate from the Restorative Housing Unit (R.H.U.), the inmate shall be so advised in writing, together with the reasons therefor, unless security considerations preclude disclosure of the reasons, in which case a notation as to the Committee's reasons and an explanation of how security would be adversely affected shall be placed in the inmate's folder.

(i) If the S.A.R.C determines to release the inmate, the Committee shall give the inmate written notice of the decision, however, institutional designations will not be shared with the inmate. The inmate shall be:

1. Released into the general population of the correctional facility in which he or she has been confined in the R.H.U.;

2. Referred to the M.C.U.R.C. for placement in the M.C.U.;

3. Referred for a protective custody hearing; or

4. Referred to the intake unit for transfer to a correctional facility, as determined by the S.A.R.C.

(j) If the inmate is transferred to general population and wishes a transfer to another correctional facility, the inmate shall submit a request for transfer to the I.C.C.

(k) Inmates shall be scored with the Reclassification Instrument prior to release from the R.H.U. and the score shall be considered by the S.A.R.C. when making inmate assignments. The S.A.R.C is authorized to assign inmates to an appropriate correctional facility in accordance with the guidelines established for the I.C.C.

(l) Following the decision of the S.A.R.C. to transfer an inmate to another correctional facility, the S.A.R.C. shall refer the inmate to the appropriate staff member of the intake unit who shall be responsible for immediately arranging transportation of the inmate to the designated correctional facility.

N.J. Admin. Code § 10A:5-9.6

Adopted by 53 N.J.R. 719(a), effective 5/3/2021

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