N.J. Admin. Code § 10A:4-11.4

Current through Register Vol. 56, No. 21, November 4, 2024

Section 10A:4-11.4 - Investigation of appeal

(a) The Administrator or designee may order an independent investigation of the charge and proceedings of the disciplinary hearing in those instances in which the inmate's appeal and information furnished after the initial disciplinary hearing appear to warrant such action.

(b) The Administrator or designee shall have the option to request a total or partial reinvestigation of the charge or proceedings of the hearing. The reinvestigation may be conducted by any person or unit designated by the Administrator, provided, however, that the individual shall have had no contact with the issuance of the first investigation of the charge.

(c) The reinvestigation may include any of the components of the original investigation such as reinterviewing witnesses, inmates and custody staff, reevaluating reports and reexamining evidence.

(d) If on the basis of new evidence, the Administrator may also request a polygraph examination as part of the reinvestigation. Such requests shall be in accordance with N.J.A.C. 10A:3-7, Polygraph Examinations.

(e) In reviewing an appeal the following factors shall be considered:

1. Compliance with the subchapters on inmate discipline which prescribe procedural safeguards;

2. Whether the decision of the Disciplinary Hearing Officer or Adjustment Committee was based upon substantial evidence;

3. Whether the sanction imposed was proportionate to the offense in view of the inmate's recent disciplinary history and present custody status except in the case of a termination of contact visits sanction as established in 10A:4-5.1(c);

4. Whether the inmate has a history or presence of mental illness; and/or

5. Whether extenuating circumstances were considered.

N.J. Admin. Code § 10A:4-11.4

Amended by R.1996 d.237, effective 5/20/1996.
See: 28 N.J.R. 1464(a), 28 N.J.R. 2555(b).
In (d) substituted 10A:3-7 for 10A:3.
Amended by R.1998 d.526, effective 11/2/1998.
See: 30 N.J.R. 2810(a), 30 N.J.R. 3965(a).
In (e), added an exception at the end of 3.
Amended by R.1999 d.187, effective 6/7/1999 (operative July 1, 1999).
See: 31 N.J.R. 831(a), 31 N.J.R. 1487(b).
Substituted references to the Administrator for references to the Superintendent throughout; and in (e), inserted a new 4, and recodified former 4 as 5.
Amended by R.2006 d.398, effective 11/20/2006.
See: 38 N.J.R. 3121(a), 38 N.J.R. 4867(a).
In (b), inserted "or designee"; and in (e)3, updated the N.J.A.C. reference.