N.J. Admin. Code § 10A:5-2.6

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

Section 10A:5-2.6 - Procedures for the Management Control Unit Review Committee (M.C.U.R.C.) reviews

(a) When an inmate is placed in the M.C.U. by the M.C.U. Hearing Officer, a preliminary determination shall also be made by the M.C.U.R.C. as to when the need for the M.C.U. program shall be reviewed. A formal review of each inmate in the M.C.U. shall be made at least every 90 days. During the reviews, inmates in M.C.U. may be considered for release, phase change, or any other action deemed appropriate as a result of the review.

(b) Prior to an M.C.U.R.C. hearing, the inmate shall be given written notice at least 24 hours in advance of appearing before the M.C.U.R.C. The staff member delivering the notice shall sign it and indicate the time and date of delivery.

(c) The inmate shall also be notified that he or she may obtain the help of an inmate paralegal to act as a counsel substitute approved by the M.C.U.R.C. to assist in the adequate collection and presentation of the facts in the inmate's case and to be present at the hearing as a spokesperson (see N.J.A.C. 10A:6-2.12 and 2.14).

(d) Illiterate inmates or inmates otherwise demonstrating a need for assistance shall receive the assistance of a consenting inmate, or a staff member assigned to this function by the M.C.U.R.C. An interpreter service shall be utilized if needed.

(e) The M.C.U.R.C. Chairperson shall have the discretion to keep the hearing within reasonable limits and to refuse to permit the collection and presentation of evidence that is not necessary for an adequate understanding of the case. The Chairperson shall exercise control over all presentations to prevent lack of relevancy, harassment, abuse or repetitiveness and to ensure that the hearing does not develop into an adversarial proceeding.

(f) A written record shall be maintained by the M.C.U.R.C. of all reviews of inmates in the M.C.U. This record shall be kept in a separate file in addition to being made a permanent part of the inmate's case folder. All M.C.U.R.C. reports shall be signed by all M.C.U.R.C. members.

(g) Any member of the M.C.U.R.C. may request a review for an inmate in the M.C.U. earlier than previously scheduled.

(h) At each review, the M.C.U.R.C. shall review the information upon which the decision was based to assign the inmate to the M.C.U. Such information shall include:

1. Disciplinary reports;

2. Program participation, such as, but not limited to, education, counseling, recreational activities; and

3. Records of the inmate's behavior and attitude while in the M.C.U., such as custody and professional staff reports that must be periodically filed, describing pertinent observations, both positive and negative, of the inmate's behavior and attitude while in the M.C.U.

(i) At the review with the M.C.U.R.C., the inmate shall be allowed to appear in person and to testify, unless the inmate's appearance would pose a serious threat to the safety or security of the correctional facility or the M.C.U.R.C. In those cases where an inmate is not allowed to appear in person, the inmate shall be permitted to present the case through a counsel substitute and through submission of such written materials as the inmate believes appropriate.

1. At this review, the inmate has the initial burden of demonstrating that the inmate has:

i. Participated in available jobs and educational and recreational programs;

ii. Complied with the criteria detailed by the M.C.U.R.C. at earlier hearings or reviews;

iii. Remained free from prohibited acts; and

iv. Agreed to reaffirm the obligation to adhere to the rules and regulations for inmate behavior, as described in the handbook on discipline for inmates and correctional facility inmate handbooks.

2. If the inmate demonstrates participation and compliance in accordance with (i)1 above, the inmate will be considered for release from the M.C.U. or for a phase change. The inmate will be released unless the Department of Corrections can demonstrate through clear and convincing evidence, including behavior, correctional facility adjustment, and disciplinary history that the inmate continues to pose an identifiable threat to the safety of others and the safe and secure operation of a State correctional facility.

(j) At the hearing, the inmate shall be informed of all adverse information bearing on the case, with the exception of information designated confidential by the M.C.U.R.C.

(k) If the M.C.U.R.C. considerations are based in part on information from a confidential informant, the inmate shall be provided with a concise statement of facts establishing that the informant is credible or his or her information is reliable and the informant's statement (either in writing or as reported) is in language that is factual, not conclusive and is based upon the informant's personal knowledge of the matters contained in his or her statement.

(l) When information utilized by the M.C.U.R.C. is deemed confidential and cannot be fully disclosed to the inmate, the M.C.U.R.C. shall direct the inmate and the inmate's representative to leave the meeting while this information is being presented or discussed. Whenever practical, the inmate shall be informed of the confidential information in accordance with the provisions of this section.

(m) When the inmate appears before the M.C.U.R.C., the Chairperson shall explain to the inmate the reason for the inmate's appearance, the nature of the proceeding and the particular areas of the M.C.U.R.C.'s concern.

(n) The inmate shall be permitted to present documentary evidence related to the inmate's case. The inmate shall also be permitted to call witnesses on the inmate's own behalf when permitting the inmate to do so will not risk the safe and secure operation of a State correctional facility. The M.C.U.R.C. shall have the discretion, however, to keep the hearing within reasonable limits.

(o) The Chairperson of the M.C.U.R.C. shall call those witnesses deemed to be reasonably available and whose testimony is necessary for a proper understanding of the circumstances of the particular case. Repetitive witnesses need not be called. For purposes of this subsection, "repetitive witnesses" are witnesses who provide the same account as a previous witness(es). "Repetitive witnesses" are not intended to refer to the calling of a witness(es) who previously provided written documentary evidence. The Chairperson shall have the discretion to refuse to call witnesses that may create a risk of reprisal. Unavailable witnesses may be asked to submit written statements. Witnesses requested by the inmate who are called should be questioned by members of the M.C.U.R.C. or the counsel substitute. Inmates without a counsel substitute may request that certain questions be directed by Committee members to any witnesses.

(p) The M.C.U.R.C. Chairperson shall exercise control over all presentations to exclude irrelevant information and to prevent harassment, abuse or repetition. If the Chairperson shall refuse to call one or more witnesses, the reasons for each such refusal shall be separately specified on the decision form.

(q) During the formal review with the inmate, the M.C.U.R.C. may give guidance to the inmate with respect to the reason for the rules and internal management procedures of the correctional facility.

(r) Prior to rendering a decision to place or maintain an inmate in the M.C.U., the M.C.U.R.C. shall consider alternatives to M.C.U. placement as a means of addressing the correctional facility concerns related to the inmate. These alternatives shall include, but not be limited to, transfer to another correctional facility, reduction in privileges, or transfer to another housing unit in general population.

(s) When the M.C.U.R.C. notes a particular treatment need which can be met by existing treatment services, and the inmate indicates a willingness to participate in such treatment, the M.C.U.R.C. shall make the appropriate referral.

(t) A record shall be maintained of the proceedings of the M.C.U.R.C. to include, but not be limited to:

1. The substance of the evidence presented;

2. A summary of the statements of participants in the hearing;

3. A log of the evidence considered;

4. A written indication of the alternatives considered in accordance with (r) above; and

5. The decision of the M.C.U.R.C.

(u) The recorder of the M.C.U. hearing proceedings shall certify that the record is a true and accurate representation of the proceedings.

(v) Within one calendar week, the M.C.U.R.C. shall provide a written notice of decision to the inmate advising the inmate of the reason for the decision and a summary of the evidence relied upon. The decision of the M.C.U.R.C. to place an inmate in the M.C.U. shall be based on the information contained in the record. In the event a record contains information received from a confidential informant, the M.C.U.R.C. shall provide a summary of facts upon which the Committee concluded that:

1. The informant is credible and that his or her information is reliable;

2. The informant's statement (either in writing or as reported) is in language that is factual rather than a conclusion; and

3. The informant's statement and information is based on his or her personal knowledge of the matters.

(w) In the written notice of decision, the M.C.U.R.C. shall point out the elements of the inmate's behavior or attitude which are deemed to be unsatisfactory and shall advise the inmate that the next formal M.C.U.R.C. review on the inmate's case will be held within 90 days.

N.J. Admin. Code § 10A:5-2.6

Amended by 47 N.J.R. 2500(a), effective 10/5/2015

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

Amended by 53 N.J.R. 719(a), effective 5/3/2021

Amended by 54 N.J.R. 2393(a), effective 12/19/2022