N.J. Admin. Code § 10A:9-5.2

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

Section 10A:9-5.2 - Exceptions; time in custody; failure to work

(a) Commutation or work credits shall not be given to any inmate sentenced for sex offenses under the provisions ofN.J.S.A. 2A:164. However, those inmates who have been sentenced or resentenced under N.J.S.A. 2C are eligible to receive commutation and work credits from the effective date of that law, September 1, 1979.

(b) In all cases where the sentence includes a mandatory minimum term of imprisonment, commutation credits, work credits, gap time, special credits, and minimum credits shall not be applied to the mandatory minimum term, but shall only reduce the maximum term.

(c) Commutation credits, work credits, gap time, special credits, and minimum credits shall not be used to reduce a maximum sentence to a period of incarceration that is less than the judicial or statutory mandatory minimum term.

(d) Commutation credits shall be given, as set forth at N.J.A.C. 10A:9-5.1(a). Work credits may be given for work performed in the county jail prior to sentencing if the work time is verified in writing by the adult county correctional facility Administrator.

(e) Work credits shall not be applied in cases where an inmate does not work because of choice, unavailability of sufficient job assignments, medical lay-in (except for job related injuries), court remand, disciplinary lock-up, or similar incapacity. Inmates who refuse to perform assigned work shall receive disciplinary charges in accordance with N.J.A.C. 10A:4.

(f) Work credits shall not be awarded to inmates in a Restorative Housing Unit, unless the inmate is enrolled in a formal school program approved by the I.C.C. (not independent study).

N.J. Admin. Code § 10A:9-5.2

Amended by R.1989 d.299, effective 6/5/1989.
See: 21 N.J.R. 664(a), 21 N.J.R. 1516(c).
Provision that sentence may not be reduced to a period less than the minimum judicial or statutory mandatory term added at (c); recodification of (c)-(d) as (d)-(e).
Amended by R.1992 d.79, effective 2/18/1992.
See: 23 N.J.R. 3721(a), 24 N.J.R. 612(a).
Revised text.
Amended by R.2001 d.155, effective 5/21/2001.
See: 33 N.J.R. 747(a), 33 N.J.R. 1589(b).
In (d), substituted "adult county correctional facility Administrator" for "County Jail Superintendent"; in (f), substituted "shall not" for "may" preceding "be awarded" and deleted "pursuant to N.J.A.C. 10A:5-3.19 Work opportunities" following "inmates".
Petition for Rulemaking.
See: 36 N.J.R. 3597(c).
Amended by R.2013 d.097, effective 7/15/2013.
See: 45 N.J.R. 719(a), 45 N.J.R. 1778(a).
In (a) and (d), substituted "Commutation" for "No commutation" and inserted "not" following "shall"; in (b) and (c), inserted a comma following "time"; in (b), substituted "shall" for "may" twice; in (c), substituted "Commutation" for "In no case may commutation", and inserted "shall not"; and in (e), substituted "shall" for "may".
Amended by R.2014 d.027, effective 2/3/2014.
See: 45 N.J.R. 13(a), 46 N.J.R. 297(a).
In (f), substituted "administrative segregation" for "Administrative Segregation".

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

Amended by 54 N.J.R. 716(b) effective 4/18/2022

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