N.J. Admin. Code § 10A:31-23.1

Current through Register Vol. 56, No. 24, December 18, 2024

Section 10A:31-23.1 - Eligibility for cash or remission of time from sentence

(a) Inmates who are employed in productive occupations while incarcerated in an adult county correctional facility shall receive compensation for such employment that may be in the form of cash or remission of time from sentence or both (see N.J.S.A. 30:4-92). Such remission of time shall be subject to provisions, limitations and preclusions set forth in State law, such as, but not limited to N.J.S.A. 39:4-50.

1. An inmate employed under this section may receive remission of time from sentence not to exceed one day for each five days of productive occupation. Any remission granted under this section shall not affect deductions for good behavior as otherwise provided by law.

2. In addition, all minimum security inmates who are considered sufficiently trustworthy to be employed in honor camps, farms or details, may receive further remission of time from sentence at the rate of three days per month for each month of such employment (see N.J.S.A. 30:4-92).

(b) Inmates in adult county correctional facilities, who are employed in the community pursuant to N.J.A.C. 10A:31-25, Work Release Program, are eligible for diminution of sentence as set forth in N.J.S.A. 30:8-50. The inmate may be granted a diminution of not more than one-quarter of his or her term if the inmate's conduct, diligence and general attitude meet such diminution.

(c) Inmates who are receiving credits while participating in a Work Release Program under (b) above may also, in appropriate circumstances, receive work credits under (a) above. Such additional credits may be granted only where the inmate engages in a productive occupation in the adult county correctional facility in addition to the inmate's participation in the Work Release Program.

(d) As permitted in this section, any remission of time shall in no way affect deduction for good behavior as otherwise provided in N.J.S.A. 2A:164-24.

(e) Pursuant to N.J.S.A. 30:4-123.51, commutation credits shall not be awarded until after the expiration of the mandatory minimum portion of the sentence. When the mandatory minimum portion of the sentence has been served, commutations credits are awarded on the full sentence.

(f) In accordance with N.J.S.A. 30:4-123.51, commutation credits, work credits, gap time, and minimum credits shall not be used to reduce a maximum sentence to a period of incarceration that is less than the judicial or statutory mandatory minimum term.

N.J. Admin. Code § 10A:31-23.1

Amended by R.2000 d.332, effective 8/7/2000.
See: 32 N.J.R. 1894(a), 32 N.J.R. 2945(a).
Amended by R.2011 d.012, effective 1/3/2011.
See: 42 N.J.R. 2195(a), 43 N.J.R. 53(b).
In the introductory paragraph of (a), substituted "shall" for "may" following "facility", inserted "that may be" and inserted the last sentence; in (a)1, substituted ". Any" for ", but" following "occupation"; in (a)2, substituted "may" for "shall" and inserted "(see N.J.S.A. 30:4-92)"; and in (d), substituted "As permitted in this section, any" for "Any".
Amended by R.2013 d.097, effective 7/15/2013.
See: 45 N.J.R. 719(a), 45 N.J.R. 1778(a).
Added (e) and (f).