N.J. Admin. Code § 10A:5-6.1

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

Section 10A:5-6.1 - Confinement in Prehearing Disciplinary Housing

(a) An inmate may be placed in Prehearing Disciplinary Housing in those instances where it appears necessary to remove or isolate the inmate from the general population until an investigation into the inmate's alleged misconduct can be completed and a disciplinary hearing can be held pursuant to N.J.A.C. 10A:4-9, Disciplinary Procedures. Confinement in Prehearing Disciplinary Housing shall be deemed necessary only where it appears that, if the inmate remained in his or her existing housing unit, the inmate would constitute a threat to other inmates, staff members, the inmate, or to the safe, secure, and orderly operations of the correctional facility.

1. An inmate shall not be placed in the Prehearing Disciplinary Housing if the inmate is a member of a vulnerable population.

(b) Confinement in Prehearing Disciplinary Housing may consist of placement in the close custody unit or confinement to the inmate's room or housing unit and shall be preceded by a personal and comprehensive medical and mental health evaluation conducted prior to placement by a clinician.

(c) Factors that may be considered in determining whether confinement in Prehearing Disciplinary Housing is warranted include that there is clear and convincing evidence that:

1. The inmate has been charged with an assault upon another person and, in the opinion of the correctional staff, there is a substantial possibility that the inmate may assault another inmate or staff member;

2. The inmate has been charged with threatening another person and, in the opinion of the correctional staff, there is a substantial possibility that the inmate will act on his or her threat;

3. The inmate has been charged with being under the influence of drugs or intoxicants and, in the opinion of the correctional staff, the inmate's behavioral controls appear to be impaired;

4. The inmate has been charged with inciting others to engage in an assault upon another person, causing serious destruction of property, or participating in a group demonstration or work stoppage and, in the opinion of the correctional staff, there is a substantial possibility the inmate will continue such incitement causing a threat to the safety and security of a correctional facility;

5. The inmate has been charged with arson, flooding the cell, damaging plumbing fixtures, or other actions causing a threat to the safety and security of a correctional facility and, in the opinion of the correctional staff, there is a substantial likelihood that the inmate may engage in additional arson or destruction of property or other behaviors that threaten the safety and security of the correctional facility. (Whenever the destruction to property threat to the safety and security of a correctional facility consists of flooding the cell or damaging plumbing fixtures, the inmate may be placed in Prehearing Disciplinary Housing in a "DRY" cell);

6. The inmate has received a disciplinary charge and, in the opinion of the correctional staff, there is a substantial possibility that the inmate will attempt to harm, threaten or intimidate potential witnesses or that the inmate will attempt to organize or encourage others to harm, threaten or intimidate potential witnesses;

7. The inmate has been charged with participating in an unauthorized gathering or group demonstration and the inmate refuses to abandon his or her participation;

8. The inmate has been charged with escape or attempted escape and evidence has been produced that indicates the inmate presents a serious escape risk if permitted to remain in general population; and

9. The inmate has been charged with conduct that disrupts and in the opinion of correctional facility staff, there is a substantial possibility that such behavior has the potential to threaten the safe, secure, and orderly operation of the correctional facility.

(d) If an inmate is confined in Prehearing Disciplinary Housing as a result of any of the factors at (c) above, such confinement must be authorized, in writing, by the custody staff supervisor prior to placing the inmate in Prehearing Disciplinary Housing. When an emergency exists, written authorization shall be completed immediately following placement. After all appropriate parties have signed the authorization, it shall be placed in the inmate's folder. Additional copies shall be maintained, for recordkeeping purposes, in areas designated by the Administrator and a Correction Major.

(e) Where possible, an Administrator, Associate Administrator, Assistant Superintendent, or a Correction Major shall review and approve or disapprove a request to place an inmate in Prehearing Disciplinary Housing. In all cases, placement of the inmate in Prehearing Disciplinary Housing shall be reviewed within 24 hours of placement by a supervisor who was not involved in the initial placement decision.

(f) Any time spent in Prehearing Disciplinary Housing shall be credited to any subsequent Restorative Housing Unit (R.H.U.) sanction imposed when a sanction in the A.U. is not also imposed. When both A.U. and R.H.U. sanctions are imposed, any time spent in Prehearing Disciplinary Housing shall be credited only to the A.U. sanction.

N.J. Admin. Code § 10A:5-6.1

Amended and Recodified from 10A:4-10.1 by 53 N.J.R. 719(a), effective 5/3/2021