N.J. Admin. Code § 10A:9-4.7

Current through Register Vol. 56, No. 24, December 18, 2024

Section 10A:9-4.7 - Eligibility limitations for reduced custody status

(a) Inmates serving sentences for the offenses described below are not eligible to be considered for any type of reduced custody status, except those inmates housed at the Adult Diagnostic and Treatment Center (A.D.T.C.) described in N.J.A.C. 10A:9-4.8(c)3.

(b) In no case may offenses adjudicated by a juvenile court be the sole basis for excluding an inmate from consideration.

(c) An inmate who has two or more convictions, either present, prior, or a combination of present and prior for the offenses listed below, or for attempts or conspiracies to commit these offenses (see N.J.S.A. 2C:5-1 and 5-2) under the laws of this State, or any comparable offenses from any other state or the United States, is not eligible for reduced custody:

1. The sexual offenses are as follows:

2C:11-3(3	Murder in which the underlying crime is sexual assault;
2C:13-1	Kidnapping, if a sexual component exists;
2C:13-2	Criminal restraint, if a sexual component exists;
2C:13-3	False imprisonment, if a sexual component exists;
2C:13-6	Luring, enticing child by various means, attempts;
2C:34-1b.(3)	Promotion of prostitution of a child under 18;
2C:34-1b.(4)	Promotion of prostitution of the actor's child,
ward, or any other person for whose care the actor is
responsible;
2C:14-2	Sexual assault; aggravated sexual assault;
2C:14-3	Aggravated criminal sexual contact; criminal
sexual contact;
2C:24-4	Endangering welfare of children where the official version of the crime indicates that the inmate engaged in sexual contact pursuant to 2C:24-4.a(1) or committed an offense under 2C:24-4.b(3), (4), or (5);
2C:47-1	Et seq. any conviction obtained under this
section;
2A:86-3	Abduction of female under age 18 for purpose of
marriage or carnal abuse;
2A:90-2	Assault with intent to commit rape or sodomy, or
to carnally abuse a female under the age of 16, with
or without her consent;
2A:96-3	Debauching or impairing the morals of a child
under the age of 16;
2A:138-1	Rape or carnal abuse;
2A:138-2	Carnal knowledge of female inmates of a home or
institution for the feeble minded or mentally ill;
2A:143-1	Sodomy;
2A:143-2	Sodomy with children under 16;
2A:85-5	Attempt to commit any of the foregoing offenses;
2A:85-14	Aiding and abetting the commission of any of the
foregoing offenses;
2A:98-1	Conspiracy to commit any of the foregoing
offenses; and/or
2A:164-3	Any conviction obtained under this section, except
lewdness; and/or

2. The other offenses are as follows:

2C:13-1	Kidnapping, if the victim is a minor, the offender
is not the parent and a sexual component does not
exist;
2C:13-2a. and b.	Criminal restraint, if the victim is a minor, the
offender is not the parent and a sexual component
does not exist; and
2C:13-3	False imprisonment, if the victim is a minor, the
offender is not the parent and a sexual component
does not exist.

(d) An inmate who has two or more convictions, either present, prior, or a combination of present and prior for arson, or criminal mischief involving arson, or attempts or conspiracies to commit arson under the laws of this State, or any comparable offenses from any other state or the United States, may not be considered for reduced custody.

(e) An inmate who has two or more convictions for a sexual offense or other offense as listed in (c) above, arson, or criminal mischief involving arson or any combination of these offenses shall not be eligible for reduced custody consideration.

(f) An inmate who has two or more instances of escape or attempted escape or a combination of either through convictions or prohibited acts shall not be eligible for reduced custody consideration.

N.J. Admin. Code § 10A:9-4.7

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

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

Amended by 54 N.J.R. 1610(a), effective 8/15/2022