N.J. Admin. Code § 10A:5-2.9

Current through Register Vol. 56, No. 23, December 2, 2024

Section 10A:5-2.9 - Use of Prehearing Management Control Unit during an emergency

(a) In the event an emergency is declared, inmates may be placed in Prehearing M.C.U. status should their behavior fall into the placement criteria as outlined in N.J.A.C. 10A:5-2.8.

(b) When an unusually large number of inmates are involved, the procedures set forth in this subchapter shall be modified in order to maintain an effective level of security and order, and at the same time, attempt to provide each inmate with the maximum M.C.U. hearing safeguards under these unusual circumstances.

(c) The following procedures shall be implemented and remain in effect until normal operations resume:

1. Inmates who have been identified as being a threat to the safe and secure operation of the correctional facility shall remain in Prehearing M.C.U. at housing assignments to be designated by the Administrator or designee.

2. Each inmate shall receive a written notice explaining that:

i. An emergency exists;

ii. The inmate has been identified as a threat to the safe and secure operation of the correctional facility; and

iii. The inmate will receive an in-person hearing within 72 hours, absent exceptional circumstances.

3. The schedule for the hearings shall be affected by the number of inmates involved and the need to ensure security. A schedule of such hearings shall be issued by the Administrator.

4. The Administrator shall designate hearing officers who are familiar with classification materials and the M.C.U. process to conduct hearings as promptly as possible. The inmate shall be permitted to appear in person unless doing so would be unduly hazardous to the safety of the hearing officer or security of the correctional facility.

5. At the hearing, the inmate shall be informed verbally of all adverse information bearing on the inmate's case with the exception of information designated confidential. When reviewing confidential information, procedures set forth in N.J.A.C. 10A:5-2.6shall apply.

6. The inmate shall be permitted to speak on his or her own behalf or to submit a written statement. If the inmate is illiterate or otherwise demonstrates a need for assistance in presenting his or her statement, a staff member may be assigned to assist the inmate at the hearing.

7. The inmate shall receive a written notice of decision within 10 calendar days.

8. Review procedures, after initial classification to M.C.U. during these emergency conditions, shall be those set forth in N.J.A.C. 10A:5-2.6 and 2.10. These review procedures shall be commenced within three months following initial placement with subsequent reviews held every three months.

9. Conditions of confinement, as set forth in this subchapter, shall be modified as is reasonably necessary during the pending period of the emergency to ensure the safe and secure operation of the correctional facility.

N.J. Admin. Code § 10A:5-2.9

Amended by R.2008 d.97, effective 4/21/2008.
See: 40 N.J.R. 85(a), 40 N.J.R. 2111(b).
In (c)6, substituted "his or her" for "the inmate's".

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