N.J. Admin. Code § 10A:9-4.6

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

Section 10A:9-4.6 - Criteria for consideration for gang minimum custody status and full minimum custody status

(a) Except as provided in 10A:9-4.7 and 4.8, inmates who meet the criteria set forth in this section are eligible to be considered for full minimum custody status preceded by the successful completion of a period of time in gang minimum custody status. Pursuant to 10A:9-4.3(d), the amount of time served in gang minimum custody status shall be at the discretion of the Institutional Classification Committee (I.C.C.).

1. Inmates housed at Edna Mahan Correctional Facility for Women (EMCF) who meet the criteria set forth in this section are eligible to be considered for full minimum custody status without the prerequisite of a successful completion of a period of time in gang minimum custody status.

(b) Inmates who have had their contact visit privileges terminated due to a finding of guilt to a prohibited act identified in a zero tolerance policy as established in 10A:4-5.1and 12 shall not be eligible for consideration for any custody status lower than medium custody until after contact visit privileges are reinstated (see 10A:18-6.20).

(c) Inmates sentenced to serve mandatory minimum terms of 24 months or less are eligible to be considered for gang minimum custody status and full minimum custody status immediately following admission to a correctional facility.

(d) Inmates who were sentenced to serve mandatory minimum terms of more than 24 months are eligible to be considered for gang minimum custody status and full minimum custody status when the inmate has served one-half of the mandatory minimum or is within 24 months of the expiration of the mandatory minimum term, whichever is less.

(e) In any instance where the application of (f) above would result in an inmate being eligible for consideration in less time than if he or she had no mandatory minimum, then the formula set forth in (d) above shall be applied such that the greater amount of time shall be spent in medium or higher custody status.

(f) Inmates who were sentenced to serve mandatory minimum terms of more than 24 months are eligible to be considered for gang minimum custody status and full minimum custody status when the inmate has served one-half of the mandatory minimum or is within 24 months of the expiration of the mandatory minimum term, whichever is less.

(g) In any instance where the application of (f) above would result in an inmate being eligible for consideration in less time than if he or she had no mandatory minimum, then the formula set forth in (d) above shall be applied such that the greater amount of time shall be spent in medium or higher custody status.

(h) Inmates with detainers from jurisdictions other than New Jersey shall not be eligible to be considered for reduced custody status unless the following provisions apply:

1. The detainers for adjudicated offenses are concurrent sentences which do not exceed the maximum of the term currently being served; or

2. An inmate has applied under the Interstate Agreement on Detainers (I.A.D.) for disposition of the detainer and the inmate is not brought to trial within 180 calendar days from the date of the prosecuting authority's receipt of the application and no court-ordered continuances were granted; or

3. However, in any instance where the application of (i)2 above would result in an inmate being eligible for consideration in less time than if he or she had no mandatory minimum, then the formula set forth in (f) above shall be applied such that the greater amount of time shall be spent in medium or higher custody status. (EXAMPLE: If the inmate has a 20 year term and a mandatory minimum of three years, he or she shall serve the two years required in (f) above instead of the one year which would be required under (i)2 above.)

(i) Inmates with an open charge(s) regardless of the date of offense for the following serious offense(s) or any comparable out-of-State offense(s) shall not be eligible for reduced custody status:

1. Homicide;

2. Maintaining or operating a CDS manufacturing facility;

3. Arson;

4. Sexual offense;

5. Kidnapping;

6. Criminal restraint;

7. False imprisonment;

8. Escape;

9. Racketeering;

10. Carjacking; and/or

11. Criminal attempt and/or conspiracy to commit any of the above listed offenses.

(j)Inmates with an open charge(s) for the following offense(s) or any comparable out-of-State offense(s) shall not be eligible for reduced custody status if the date of the offense(s) is within five years of the consideration:

1. Manufacturing, distributing or dispensing CDS offense if 1st or 2nd degree crimes;

2. Offense of an assaultive nature;

3. Burglary of the 2nd degree;

4. Weapons offense;

5. Robbery;

6. Terroristic threat; and/or

7. Criminal attempt and/or conspiracy to commit any of the above listed offenses.

(k) An open charge exceeding five years for (j) above shall not be considered a bar for reduced custody consideration.

(l) Inmates who have a New Jersey detainer(s) are eligible to be considered for gang minimum custody status and full minimum custody status unless the detainer(s) is for any 1st or 2nd degree offense or one of the following offenses:

1. Homicide;

2. Arson;

3. Sexual offense;

4. Offense of an assaultive nature as defined in N.J.S.A. 2C:12b (Aggravated Assault) or N.J.S.A. 2A:90-1 et seq.;

5. Kidnapping as defined in N.J.S.A. 2C:13 or 2A:118-1 et seq.;

6. Criminal restraint as defined in 2C:13-2;

7. False imprisonment as defined in 2C:13-3;

8. Escape;

9. Bail jumping as defined in 2C:29-7 and 2A:15-1 et seq.;

10. Prohibited weapons and devices as defined in 2C:39-3, 4, 5, 7, 9, 10 and 2A:151;

11. Bail jumping as defined in 2C:29-7 and 2A:15-1 et seq.;

12. Criminal attempt to commit any offense listed in this subsection as defined in 2C:5-1; and/or

13. Conspiracy to commit any offense listed in this subsection as defined in 2C:5-2.

(m) Municipal open charges and detainers are permissible provided that they are not in the process of being increased in severity.

(n) Foreign born inmates, excluding U.S. territories and possessions, shall be eligible to be considered for reduced custody status provided the U.S. Immigration and Customs Enforcement (ICE) has not responded to referrals within 120 calendar days.

(o) Inmates who have a current or prior conviction for escape or attempted escape, or have been found guilty of the prohibited act of escape or attempted escape, shall be eligible for gang or full minimum custody status as follows:

1. Eligible inmates shall be those who are not excluded from reduced custody status pursuant to 10A:9-4.7(f), and are otherwise eligible according to the criteria set forth in this subchapter.

2. Inmates who have escaped or attempted to escape from a medium or higher security facility or county jail, within or outside the State of New Jersey shall be eligible when five years have elapsed from the date of apprehension of the escape or from the date of the attempted escape.

3. Inmates who have escaped or attempted to escape from a minimum security facility, detail or unit, within or outside the State of New Jersey, shall be eligible when two years have elapsed from the date of apprehension of the escape or from the date of the attempted escape.

N.J. Admin. Code § 10A:9-4.6

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

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