N.J. Admin. Code § 10A:9-2.14

Current through Register Vol. 56, No. 11, June 3, 2024

Section 10A:9-2.14 - Override Code Reference Index

(a) In accordance with the description of the override code, when an inmate cannot be assigned to the recommended custody status indicated by the custody status score on the Initial or Reclassification Instruments, the appropriate override code shall be applied and any specific information concerning the reason for the override shall be documented and maintained in the inmate record. When an override is invoked, a Request for Override Approval form must be completed and forwarded to the Division of Operations for final approval:

1. Code A: Medium custody status assignment or above due to mandatory minimum or length of term requirements pursuant to 10A:9-4.6;

2. Code B: Medium custody status assignment or above pending disposition of non-permissible detainer or open charge pursuant to 10A:9-4.6;

3. Code C: Permanent custody prohibition/bar. Medium custody status assignment or above only due to escape history pursuant to 10A:9-4.7(f);

4. Code D: Medium custody status assignment or above due to escape history pursuant to 10A:9-4.6(o);

5. Code E-1: Permanent custody prohibition/bar. Medium custody status assignment or above only due to sexual or arson offense convictions pursuant to 10A:9-4.7;

6. Code E-2: Gang minimum custody status assignment only due to sexual or arson offense convictions pursuant to 10A:9-4.8;

7. Code F: Medium custody status assignment of above pending U.S. Immigration and Customs Enforcement (ICE) response indicating interest pursuant to 10A:9-4.6(n);

8. Code G: Medium custody status assignment or above due to keep separate status pursuant to 10A:9-4.5;

9. Code G-2: Medium custody status assignment or above due to unfavorable psychological/psychiatric reports pursuant to 10A:9-3.3 or 4.5;

10. Code I: Medium custody status assignment or above due to specialized medical or psychological/psychiatric treatment pursuant to 10A:9-4.6;

11. Code J: Requirement for medium custody status assignment or above due to pending disciplinary infraction(s);

12. Medium custody status assignment or above due to reasonable belief of the classification committee that the inmate will be unsuccessful in a lower custody status assignment at this time due to:

i. Code K-1: Field account of the offense pursuant to 10A:9-3.3;

ii. Code K-2: Prior criminal record pursuant to 10A:9-3.3;

iii. Code K-3: Previous incarcerations pursuant to 10A:9-3.3;

iv. Code K-4: Institutional adjustment pursuant to 10A:9-3.3;

v. Code K-5: Reports from professional and custody staff pursuant to 10A:9-3.3 or 4.5;

vi. Code K-6: Reasons relating to the best interests of the inmate pursuant to 10A:9-3.3 and 4.5;

vii. Code K-7: Reasons relating to the safe orderly operation of the Department of Corrections facility pursuant to 10A:9-3.3;

viii. Code K-8: Reasons relating to the safety of the community or public at large pursuant to 10A:9-3.3;

ix. Code K-9: Reasons relating to the notoriety of the offense pursuant to 10A:9-3.3 and 4.5;

13. Reduced custody status due to reasonable belief of the classification committee that the inmate would be successful in a lower than recommended custody status assignment at this time due to:

i. Code L-1: Previous correctional facility adjustment pursuant to 10A:9-3.3 and 4.5;

ii. Code L-2: The nature of the offense not being as severe as the assessment scale indicates pursuant to 10A:9-3.3 and 4.5;

iii. Code L-3: The short amount of time remaining on the inmate's sentence pursuant to 10A:9-4.5;

iv. Code L-4: Any reason relating to the best interests of the inmate pursuant to 10A:9-3.3and 4.5; or

v. Code L-5: Any reason relating to the safe, orderly operation of the Department of Corrections facility pursuant to 10A:9-3.3 and 4.5;

vi. Code L-6: Prior criminal record pursuant to 10A:9-3.3 and 4.5;

vii. Code L-7: Previous incarcerations pursuant to 10A:9-3.3 and 4.5;

viii. Code L-8: Reports from professional and custody staff pursuant to 10A:9-3.3 and 4.5; or

14. Code M: Medium custody status assignment or above pursuant to 10A:9-4.6, due to a disciplinary sanction for a prohibited act identified in a zero tolerance policy (see 10A:4-5.1 and 12).

(b) When the reason for an objective classification scoring instrument override ceases to apply at a time other than regular review time, the inmate shall be rescored on the same objective classification scoring instrument that was used at the last review.

(c) All objective classification overrides shall be subject to review by the Director, Division of Operations or designee.

(d) Inmates with permanent override codes C and E1 do not need to be re-scored as they can never obtain reduced custody status. An inmate with an E2 override does not necessitate a re-score unless required by 10A:9-3.14. However, all inmates must be reviewed annually.

N.J. Admin. Code § 10A:9-2.14

Amended by 47 N.J.R. 998(c), effective 5/18/2015.

Amended by 53 N.J.R. 737(a), effective 5/3/2021