N.J. Admin. Code § 10A:6-4.3

Current through Register Vol. 56, No. 19, October 7, 2024

Section 10A:6-4.3 - Forfeiture of commutation credits

(a) In accordance with 30:4-16.2, if a lawsuit is filed by an inmate in any New Jersey State court to harass or retaliate against another individual, to disrupt or interfere with the operation of the correctional facility, or for some other malicious purpose, and has been determined by the New Jersey State court to be frivolous, the inmate shall be subject to loss of commutation credits authorized pursuant to 30:4-140 (see 10A:9-5.3) .

(b) Upon receipt of information from the State court indicating that an action or proceeding filed by an inmate has been determined to be frivolous, the correctional facility Administrator or designee shall provide the inmate with a written notice. The written notice shall:

1. Identify the action or proceeding which has been determined to be frivolous; and

2. Set forth the number of commutation credits to be forfeited.

(c) The inmate shall have three business days within which to submit any written response to the notice of loss of commutation credits. The response shall be directed to the correctional facility Administrator or designee.

(d) If the inmate submits a written response to the notice, the Administrator or designee shall provide the inmate with a final decision regarding the number of commutation credits to be forfeited within seven business days of the receipt of the inmate's written response.

(e) If the inmate does not submit a written response to the notice of loss of commutation credits, the inmate shall forfeit commutation credits in the amount indicated in the written notice.

(f) The number of commutation credits forfeited for filing a frivolous lawsuit in New Jersey State court shall not exceed 365 for any single filing.

(g) The decision of the Administrator or designee regarding the loss of commutation credits for filing a frivolous lawsuit shall be the final decision of the Department of Corrections.

N.J. Admin. Code § 10A:6-4.3

Amended by R.2011 d.246, effective 10/3/2011.
See: 43 N.J.R. 266(a), 43 N.J.R. 2617(a).
In (d), substituted "number" for "loss", and inserted "to be forfeited".