N.J. Admin. Code § 10A:71-2.10 - Institutional infractions

(a) The Board panel or Board shall consider the final decision of the Department's officials responsible for adjudication of institutional infractions to be res judicata.

(b) No rescission hearing shall be held pursuant to N.J.A.C. 10A:71-5, nor shall any alteration of the parole eligibility date be made pursuant to N.J.A.C. 10A:71-3, on the basis of an institutional infraction that has resulted in a finding of not guilty by the appropriate Department officials, provided that the finding of not guilty is rendered based on a substantive finding and not due to a procedural deficiency in the disciplinary process.

(c) When the basis for the rescission hearing or the alteration of the parole eligibility date is an institutional infraction that has resulted in a finding of guilt by the appropriate Department officials, the Board panel or hearing officer reviewing the case shall consider aggravating and mitigating circumstances, but shall not consider evidence relating to the inmate's guilt or innocence of the commission of the institutional infraction.

Notes

N.J. Admin. Code § 10A:71-2.10

Amended by R.1985 d.213, effective 5/6/1985.
See: 16 N.J.R. 3391(a), 17 N.J.R. 1096(a).
Deleted text "relating to the infraction".
Amended by R.1997 d.168, effective 4/7/1997.
See: 28 N.J.R. 3870(a), 29 N.J.R. 1318(a).
In (a) and (b), inserted reference to Commission officials.
Petition for Rulemaking.
See: 33 N.J.R. 4034(b).
Petition for Rulemaking.
See: 34 N.J.R. 608(b).
Amended by R.2010 d.274, effective 12/6/2010.
See: 42 N.J.R. 1296(a), 42 N.J.R. 2960(a).
In (b), substituted the first occurrence of "that" for "which" and inserted ", provided that the finding of not guilty is rendered based on a substantive finding and not due to a procedural deficiency in the disciplinary process"; and in (c), inserted "that has resulted in a finding of guilt by the appropriate Department or Commission officials".
Recodified from N.J.A.C. 10A:71-2.4 by R.2012 d.033, effective 2/6/2012.
See: 43 N.J.R. 2144(b), 44 N.J.R. 270(a). Amended by 53 N.J.R. 1383(b), effective 8/16/2021