N.J. Admin. Code § 10A:9-4.8

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

Section 10A:9-4.8 - Criteria for consideration for gang minimum custody status only

(a) Inmates who meet the criteria set forth in this section shall be eligible to be considered for gang minimum custody status but not for full minimum custody status.

(b) In no case shall offenses adjudicated by a juvenile court be the sole basis for excluding an inmate from consideration.

(c) An inmate who is presently serving a sentence for one count of a sexual offense or criminal attempt and/or conspiracy to commit a sexual offense and has no prior adult convictions for sexual offenses, or an inmate who is presently serving a sentence for an offense that does not preclude reduced custody status but who has a prior adult conviction for one count of a sexual offense or criminal attempt and/or conspiracy to commit a sexual offense, may be considered for gang minimum custody status provided:

1. The inmate is otherwise eligible according to the criteria set forth in this subchapter;

2. There is a psychiatric or psychological evaluation, not more than six months old, which focuses specifically on the inmate's criminal sexual behavior and his or her likelihood for success in reduced custody status; or

3. The inmate is housed at the Adult Diagnostic and Treatment Center (A.D.T.C.) and is approved for reduced custody status by the Institutional Classification Committee (I.C.C.) and Administrator of A.D.T.C., only for job assignment on A.D.T.C. property.

(d) An inmate who presently is serving a sentence for one conviction of arson, or criminal mischief involving arson, with no previous such adult convictions; or an inmate presently serving a sentence for an offense that does not preclude reduced custody status but who has a prior adult conviction for arson, or criminal mischief involving arson, is eligible to be considered for gang minimum custody status provided:

1. He or she is otherwise eligible according to the criteria set forth in this subchapter; and

2. There is a psychiatric or psychological evaluation, no more than six months old, which focuses specifically on the inmate's likelihood for success in gang minimum custody status in light of the present or past conviction for arson.

(e) An inmate may be considered for gang minimum custody status when the inmate is presently serving a sentence, or the inmate has a prior adult conviction for the offenses of Kidnapping (2C:13-1 ), Criminal restraint (2C:13-2.a or b), False imprisonment (2C:13-3 ) or any comparable out-of-State offense in which:

1. The victim was under the age of 18;

2. The offender is not the parent of the victim; and

3. There is no sexual component.

N.J. Admin. Code § 10A:9-4.8

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

Amended by 49 N.J.R. 105(a), effective 1/3/2017