N.J. Admin. Code § 10A:4-1.3

Current through Register Vol. 56, No. 21, November 4, 2024
Section 10A:4-1.3 - Definitions

The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise:

"Adjustment Committee" means the committee within a correctional facility that is authorized to hear and adjudicate inmate violations of prohibited acts.

"Administrative Close Supervision Unit" means a close custody unit to which an inmate may be assigned because of one or more disciplinary infractions or other administrative considerations.

"Bodily fluid" shall mean saliva, blood, urine, feces, seminal fluid or any other bodily fluid (see 2C:12-12).

"Bodily injury" shall mean physical pain, illness or any impairment of physical condition (see 2C:11-1).

"Drug Diversion Program" is a substance use disorder treatment program offered to inmates on a voluntary one-time-only basis, as set forth for Category F offenses at N.J.A.C. 10A:4-4.1(a)6 and 3.14.

"Extra duty" shall mean a task(s) other than those related to an inmate's work or program assignment(s) to which an inmate has been assigned as a result of a violation of a prohibited act.

"Fact witness" means a witness who provides a factual account of the incident based upon his or her being personally involved in, or having personally observed the incident or aspects thereof. For example, a Department of Corrections staff member who administers a test for prohibited substances may be considered a fact witness if a question of fact exists with regard to the taking, initial testing or custody of the specimen.

"Major violations" shall mean the violation of a prohibited act that is preceded by an asterisk.

"Minor violations" shall mean the violation of a prohibited act that is not preceded by an asterisk.

"Repetitive witness" means a witness who is expected to provide substantially the same testimony as a previous witness.

"Serious bodily injury" shall mean bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ (see 2C:11-1).

"Special Classification Committee" (S.C.C.) shall mean the body composed of representatives from the Prison and Youth Complexes within the Division of Operations, which considers the transfer of inmates between complexes.

"Unavailable witness" is a witness who is unable, for medical, leave or other valid reason, to attend the disciplinary hearing.

N.J. Admin. Code § 10A:4-1.3

Amended by 49 N.J.R. 105(a), effective 1/3/2017
Amended by 53 N.J.R. 923(a), effective 5/17/2021