N.J. Admin. Code § 10A:9-2.6

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

Section 10A:9-2.6 - Objective criteria for the Reclassification Instrument for Male Inmates

(a) Upon review of the inmate's classification file, each of the criteria established in (b) below shall be assessed by a Technical Assistant or above, and assigned points in accordance with the assessment scales indicated. The total points shall determine the custody status score on the Reclassification Instrument for Male Inmates as follows (see N.J.A.C. 10A:9-4.3, Custody status):

1. An inmate's score of 12 points or more shall indicate a recommendation for placement into maximum custody status;

2. An inmate's score of five to 11 points shall indicate a recommendation for placement into medium custody status; or

3. An inmate's score of four points or less shall indicate a recommendation for placement into minimum custody status.

(b) The objective criteria for the Reclassification Instrument for Male Inmates are as follows:

1. Severity of offense based on the most serious offense in the present commitment (see the Severity of Offense Scale at N.J.A.C. 10A:9-2.8), which is assigned a point value as follows:

i. Highest level six points;

ii. High level four points;

iii. Moderate level three points; or

iv. Low or low moderate level zero points;

2. Prior assaultive offense history based on the most serious assaultive offense in the last 10 years of criminal history (see the Severity of Offense Scale at N.J.A.C. 10A:9-2.8), which is assigned a point value as follows:

i. Highest level six points;

ii. High level four points;

iii. Moderate level two points;

iv. Low or low moderate level one point; or

v. None zero points;

3. History of institutional violence based on institutional disciplinary reports and/or criminal convictions for any of the following offenses during the previous five years of incarceration from the date of review (see the Institutional Violence Scale for Male Inmates at N.J.A.C. 10A:9-2.11):

i. *.001 killing;

ii. *.002 assaulting any person;

iii. *.003 assaulting any person with a weapon;

iv. *.004 fighting with another person;

v. *.005 threatening another with bodily harm or with any offense against his or her person or his or her property;

vi. *.007 hostage taking;

vii. *.012 throwing bodily fluid at any person or otherwise purposely subjecting such person to contact with a bodily fluid;

viii. *.014 unauthorized physical contact with any person with an article, item or material, such as anything readily capable of inflicting bodily injury;

ix. *.050 sexual assault or abuse;

x. *.051 engaging in sexual acts with others;

xi. *.053 indecent exposure;

xii. *.055 making sexual threats to another;

xiii. *.056 sexual contact, involving the intentional touching, directly or indirectly, through the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of another person, excluding contact incidental to a physical altercation;

xiv. *.151 arson;

xv. *.155 adulteration of any food or drink;

xvi. *.201 possession or introduction of an explosive, incendiary device, or any ammunition; or

xvii. *.251 rioting or encouraging others to riot.

4. Escape history during the previous five years of incarceration from the date of review regardless of the age or legal status of the inmate (see the Escape History Scale for Male Inmates at N.J.A.C. 10A:9-2.9);

5. Number of disciplinary reports within the previous 18 months of incarceration prior to review, to include previous incarcerations. The following Number of Disciplinary Reports Scale shall be used to assess an inmate's disciplinary report history and to assign points on the Reclassification Instrument for Male Inmates:

i. Inmates with zero disciplinary reports in the last 18 months of incarceration shall receive minus two points;

ii. Inmates with zero disciplinary reports in the last 12 months of incarceration shall receive minus one point;

iii. Inmates with zero disciplinary reports in the last six months of incarceration shall receive zero points;

iv. Inmates with one disciplinary report in the last six months of incarceration shall receive two points; or

v. Inmates with two or more disciplinary reports in the last six months of incarceration shall receive four points;

6. Most severe disciplinary infraction received in the previous 12 months of incarceration (see the Severity of Offense--Disciplinary Infractions Scales at N.J.A.C. 10A:9-2.13);

7. Current age. The following Current Age Scale shall be used to assess an inmate's current age and to assign points on the Reclassification Instrument for Male Inmates:

i. Inmates 24 years of age or younger shall receive one point;

ii. Inmates 25 to 38 years of age shall receive zero points; or

iii. Inmates 39 years of age or older shall receive minus two points; and

8. Program participation in correctional facility programs during the current admission. The following Program Participation Scale shall be used to assess an inmate's correctional facility program participation and to assign points on the Reclassification Instrument for Male Inmates:

i. Inmates with no program participation shall receive zero points; or

ii. Inmates who are currently participating in or have completed a program within the past 12 months or inmates currently on a program waiting list shall receive minus two points.

N.J. Admin. Code § 10A:9-2.6

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

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