N.J. Admin. Code § 10A:9-5.3

Current through Register Vol. 56, No. 9, May 6, 2024

Section 10A:9-5.3 - Forfeiture of commutation credits and work credits

(a) Pursuant to 30:4-140 et seq., commutation credits and work credits may be declared to be forfeited as a penalty for misconduct.

1. Forfeitures shall be determined by the Disciplinary Hearing Officer or Adjustment Committee pursuant to N.J.A.C. 10A:4. All decisions shall be reviewed by the Administrator or designee, who may approve or modify the amount of credits forfeited.

2. In no case shall more than 365 days of commutation and 72 work credits be declared forfeited for any single disciplinary offense. Work credits shall not be forfeited for commission of a prohibited act unless authorized by law.

(b) Pursuant to 30:4-16.2, commutation credits shall be declared to be forfeited when any civil action or proceeding filed by an inmate in a New Jersey State court, in which the defendant was represented by the Attorney General or county counsel, has been determined by the court to be frivolous because the civil action was filed:

1. To harass or retaliate against another individual;

2. To disrupt or interfere with the operation of the correctional facility; or

3. For some other malicious purpose.

(c) Pursuant to 2C:47-3.d, if the court finds that the offender's conduct was characterized by a pattern of repetitive, compulsive behavior and that the offender is willing to participate in sex offender treatment, but is determined not to be amenable to such treatment, his or her sentence shall not be reduced by commutation time for good behavior or credits for diligent application to work and other institutional assignments.

(d) Pursuant to 2C:47-3.e, if the court finds that the offender's conduct was characterized by a pattern of repetitive, compulsive behavior and that the offender is amenable to sex offender treatment, but that the offender is not willing to participate in such treatment, his or her sentence shall not be reduced by commutation time for good behavior or credits for diligent application to work and other institutional assignments.

(e) Pursuant to 2C:47-8, if the court finds that the offender's conduct was characterized by a pattern of repetitive, compulsive behavior and that the offender is willing and amenable to participate in sex offender treatment, but fails to fully cooperate in such treatment, his or her sentence shall not be reduced by commutation time for good behavior or credits for diligent application to work and other institutional assignments.

N.J. Admin. Code § 10A:9-5.3

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