N.J. Admin. Code § 10A:9-2.8

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

Section 10A:9-2.8 - Severity of Offense Scale

(a) The Severity of Offense Scale shall be used to assess the seriousness of an inmate's current offenses and an inmate's prior assaultive offense history. The Severity of Offense Scale has the following levels based on the degree of the sentence imposed. See 10A:9-2.4(c)(for males) and 2.5(c) (for females) for point values of the Initial Instruments and 10A:9-2.6(b)(for males) and 2.7(b) (for females) for point values of the Reclassification Instruments.

(b) The following offenses appear at the highest level of the Severity of Offense Scale:

1.2C:11-1et seq. Criminal Homicide--all 1st degree offenses, including 2C:11-5, Death by Auto-1st degree;

2.2C:12-1 et seq. Assault, Reckless Endangering; Threats--all 1st and 2nd degree offenses (except 2C:12-11(a) Disarming a Law Enforcement, Corrections Officer--2nd degree which is considered to be at the high level);

3.2C:13-1 et seq. Kidnapping and Related Offenses: Coercion--all 1st degree offenses;

4.2C:14-1 et seq. Sexual Offenses--all 1st degree offenses;

5.2C:15-1 et seq. Robbery--all 1st degree offenses;

6.2C:29-5(a) Escape--2nd degree;

7.2C:29-5(c) Escape--2nd degree;

8.2C:35-3 Leader of Narcotics Trafficking Network--1st degree;

9.2C:35-4 Maintaining or Operating a Controlled Dangerous Substance Production Facility--1st degree; or

10. Any offense for which an offender was sentenced to an extended term of imprisonment pursuant to 2C:44-3.

(c)

1.2C:11-1 et seq. Criminal Homicide--all 2nd degree offenses (except 2C:11-6 Aiding Suicide--2nd degree which is considered to be at the low moderate level);

2.2C:12-11(a) Disarming a Law Enforcement, Corrections Officer--2nd degree;

3.2C:13-1 et seq. Kidnapping and Related Offenses: Coercion--all 2nd degree offenses (except 2C:13-4(a) Interference with Custody--2nd degree which is considered to be at the moderate level);

4.2C:14-1 et seq. Sexual Offenses--all 2nd and 3rd degree offenses;

5.2C:15-1 et seq. Robbery--all 2nd degree offenses;

6.2C:17-1 et seq. Arson, Criminal Mischief, and other Property Related Offenses--all 1st and 2nd degree offenses;

7.2C:24-1 et seq. Offenses Against the Family, Children and Incompetents--all 2nd degree offenses;

8.2C:29-5(a) Escape--3rd degree;

9.2C:29-5(c) Escape--3rd degree;

10.2C:33-1 et seq. Riot and Related Offenses--all 2nd degree offenses;

11.2C:34-1 et seq. Public Indecency--all 2nd degree offenses;

12.2C:35-1et seq. Controlled Dangerous Substances--all 1st degree offenses (except 2C:35-3Leader of Narcotics Trafficking Network--1st degree and 2C:35-4Maintaining or Operating a Controlled Dangerous Substance Production Facility--1st degree which are considered to be at the highest level);

13.2C:39-1et seq. Firearms, Other Dangerous Weapons and Instruments of Crime - all 1st degree offenses; or

14.2C:41-1 et seq. Racketeering--1st degree.

(d) The following offenses appear at the moderate level of the Severity of Offense Scale:

1.2C:12-1 et seq. Assault, Reckless Endangering; Threats--all 3rd degree offenses;

2.2C:13-4(a) Interference with Custody--2nd degree;

3.2C:18-1 et seq. Burglary and Other Criminal Intrusion--all 2nd degree offenses;

4.2C:20-1 et seq. Theft and Related Offenses--all 2nd degree offenses;

5.2C:21-1 et seq. Forgery and Fraudulent Practices--all 2nd degree offenses;

6.2C:24-1 et seq. Offenses Against the Family, Children and Incompetents--all 3rd degree offenses;

7.2C:27-1 et seq. Bribery and Corrupt Influence--all 2nd degree offenses;

8.2C:28-1 et seq. Perjury and Other Falsification in Official Matters--all 2nd degree offenses;

9.2C:29-1 et seq. Obstructing Governmental Operations; Escapes--all 2nd degree offenses (except 2C:29-5(a) or (c) Escape--2nd degree which is considered to be at the highest level);

10.N.J.S.A. 2C:30-1 et seq. Misconduct in Office: Abuse of Office--all 2nd degree offenses;

11.2C:33-1 et seq. Riot, Disorderly Conduct and Related Offenses--all 3rd degree offenses;

12.2C:35-1 et seq. Controlled Dangerous Substances--all 2nd degree offenses;

13.2C:39-1 et seq. Firearms, Other Dangerous Weapons and Instruments of Crime--all 2nd degree offenses;

14.2C:40-1 et seq. Other Offenses Relating to Public Safety--all 3rd degree offenses; or

15.2C:41-1 et seq. Racketeering--all 2nd degree offenses.

(e) The following offenses appear at the low moderate level of Severity of Offense Scale:

1.9:6-3 Penalty, Cruelty and Neglect; Child in Custody of Cruelty Prevention Society; Support Payment Order--all 4th degree offenses;

2.2C:7-2(a)Failure to Register as a Sex Offender--3rd and 4th degree;

3.2C:11-5 Vehicular Homicide--3rd degree;

4.2C:11-6 Aiding Suicide--2nd degree;

5.2C:12-1 et seq. Assault, Reckless Endangering; Threats--all 4th degree offenses;

6.2C:13-1 et seq. Kidnapping and Related Offenses: Coercion--all 3rd degree offenses;

7.2C:14-1 et seq. Sexual Offenses--all 4th degree offenses;

8.2C:14-4(a) Lewdness--Disorderly Persons Offense;

9.2C:17-1 et seq. Arson, Criminal Mischief and Other Property Destruction--all 3rd degree offenses;

10.2C:18-1 et seq. Burglary and Other Criminal Intrusion--all 3rd degree offenses;

11.2C:20-1 et seq. Theft and Related Offenses--all 3rd degree offenses;

12.2C:21-1 et seq. Forgery and Fraudulent Practices--all 3rd degree offenses;

13.2C:24-1 et seq. Offenses Against the Family, Children and Incompetents--all 4th degree offenses;

14.2C:27-1 et seq. Bribery and Corrupt Influence--all 3rd degree offenses;

15.2C:28-1 et seq. Perjury and Other Falsification in Official Matters--all 3rd degree offenses;

16.2C:29-1 et seq. Obstructing Governmental Operations; Escapes--all 3rd degree offenses (except 2C:29-5(a) or (c) Escape--3rd degree which is considered to be at the high level);

17.N.J.S.A. 2C:30-1 et seq. Misconduct in Office: Abuse of Office--all 3rd degree offenses;

18.2C:33-1 et seq. Riot, Disorderly Conduct and Other Related Offenses--all 4th degree offenses;

19.2C:34-1 et seq. Public Indecency--all 3rd degree offenses;

20.2C:35-1 et seq. Controlled Dangerous Substances--all 3rd degree offenses;

21.2C:37-1 et seq. Gambling Offenses--all 3rd degree offenses;

22.2C:39-1 et seq. Firearms, Other Dangerous Weapons and Instruments of Crime--all 3rd degree offenses; or

23.2C:40-1 et seq. Other Offenses Relating to Public Safety--all 4th degree offenses.

(f) The following offenses appear at the low level of the Severity of Offense Scale:

1. Any Disorderly Persons Offense (except 2C:14-4(a) Lewdness which is considered to be at the low moderate level);

2.2C:11-6, Aiding Suicide--4th degree;

3.2C:13-1 et seq. Kidnapping and Related Offenses: Coercion--all 4th degree offenses;

4.2C:17-1 et seq. Arson, Criminal Mischief and Other Property Destruction--all 4th degree offenses;

5.2C:18-1 et seq. Burglary and Other Criminal Intrusion--all 4th degree offenses;

6.2C:20-1 et seq. Theft and Related Offenses--all 4th degree offenses;

7.2C:21-1 et seq. Forgery and Fraudulent Practices--all 4th degree offenses;

8.2C:27-1 et seq. Bribery and Corrupt Influence--all 4th degree offenses;

9.2C:28-1 et seq. Perjury and Other Falsification in Official Matters--all 4th degree offenses;

10.2C:29-1 et seq. Obstructing Governmental Operations; Escapes--all 4th degree offenses;

11.N.J.S.A. 2C:30-1 et seq. Misconduct in Office: Abuse of Office--all 4th degree offenses;

12.2C:34-1 et seq. Public Indecency--all 4th degree offenses;

13.2C:35-1 et seq. Controlled Dangerous Substances--all 4th degree offenses;

14.2C:37-1 et seq. Gambling Offenses--all 4th degree Offenses;

15.2C:39-1 et seq. Firearms, Other Dangerous Weapons and Instruments of Crime--all 4th degree offenses; or

16.2C:40-1 et seq. Other Offenses Relating to Public Safety--all 4th degree offenses.

N.J. Admin. Code § 10A:9-2.8

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