N.J. Admin. Code § 10A:9-2.4

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

Section 10A:9-2.4 - Objective criteria for the Initial Instrument for Male Inmates

(a) Upon review of the inmate's classification file, each of the criteria established in (c) below shall be assessed by a Technical Assistant or above, and assigned points in accordance with the assessment scales indicated. The total points shall determine the custody status score on the Initial Instrument for Male Inmates as follows, except as established in (b) below:

1. An inmate's custody status score of 12 points or more shall indicate a recommendation for placement into maximum custody status;

2. An inmate's custody status score of five to 11 points shall indicate a recommendation for placement into medium custody status; or

3. An inmate's custody status score of four points or less shall indicate a recommendation for placement into minimum custody status.

(b) A total of 10 or more points resulting from a review of the inmate's classification file on the criteria set forth in (c)1 through 4 below shall result in a recommendation for placement into maximum custody status (see N.J.A.C. 10A:9-4.3, Custody status).

(c) The objective criteria for the Initial Instrument for Male Inmates are as follows:

1. Severity of offense based on the most serious offense in the present commitment (see the Severity of Offense Scale at N.J.A.C. 10A:9-2.8), which is assigned a point value as follows:

i. Highest level seven points;

ii. High level five points;

iii. Moderate level three points;

iv. Low moderate level one point; or

v. Low level zero points;

2. Prior assaultive offense history based on the most serious assaultive offense in the last 10 years of criminal history (see the Severity of Offense Scale at N.J.A.C. 10A:9-2.8), which is assigned a point value as follows:

i. Highest level seven points;

ii. High level five points;

iii. Moderate level three points;

iv. Low or Low moderate level one point; or

v. None zero points;

3. Escape history during the previous five years of incarceration from the date of review regardless of the age or legal status of the inmate (see the Escape History Scale for Male Inmates at N.J.A.C. 10A:9-2.9);

4. History of institutional violence based on institutional disciplinary reports and/or criminal convictions for any of the following offenses during the previous five years of incarceration from the date of review (see the Institutional Violence Scale for Male Inmates at N.J.A.C. 10A:9-2.11):

i. *.001 killing;

ii. *.002 assaulting any person;

iii. *.003 assaulting any person with a weapon;

iv. *.004 fighting with another person;

v. *.005 threatening another with bodily harm or with any offense against his or her person or his or her property;

vi. *.007 hostage taking;

vii. *.012 throwing bodily fluid at any person or otherwise purposely subjecting such person to contact with a bodily fluid;

viii. *.014 unauthorized physical contact with any person with an article, item or material, such as anything readily capable of inflicting bodily injury;

ix. *.050 sexual assault or abuse;

x. *.051 engaging in sexual acts with others;

xi. *.053 indecent exposure;

xii. *.055 making sexual threats to another;

xiii. *.056 sexual contact, involving the intentional touching, directly or indirectly, through the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of another person, excluding contact incidental to a physical altercation;

xiv. *.151 arson;

xv. *.155 adulteration of any food or drink;

xvi. *.201 possession or introduction of an explosive, incendiary device, or any ammunition; or

xvii. *.251 rioting or encouraging others to riot.

5. Prior felony convictions. The following Prior Felony Convictions Scale shall be used to assess an inmate's prior felony convictions within the last 10 years and to assign points on the Initial Instrument for Male Inmates:

i. Inmates with zero prior felony convictions shall receive zero points;

ii. Inmates with one prior felony conviction shall receive one point; or

iii. Inmates with two or more felony convictions shall receive two points; and

6. Stability factors. The following Stability Factors Scale shall be used to assess factors likely to have a stabilizing effect on an inmate and to assign points on the Initial Instrument for Male Inmates:

i. Inmates 24 years of age or younger shall receive one point;

ii. Inmates 25 to 38 years of age shall receive zero points;

iii. Inmates 39 years of age or older shall receive minus two points;

iv. Inmates with a high school diploma or GED shall receive minus one point; and

v. Inmates employed or attending school for the 12-month period immediately prior to the date of arrest shall receive minus one point.

N.J. Admin. Code § 10A:9-2.4

Amended by 47 N.J.R. 998(c), effective 5/18/2015.

Amended by 53 N.J.R. 737(a), effective 5/3/2021