N.J. Admin. Code § 10A:4-9.11

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

Section 10A:4-9.11 - In absentia hearings

(a) A full in absentia hearing shall be conducted if the inmate refuses to appear at the hearing.

(b) The following procedural process shall apply at all disciplinary hearings conducted in absentia, which will enable the Disciplinary Hearing Officer or Adjustment Committee to ensure that the inmate has been given every opportunity to be present for his or her disciplinary hearing.

1. The escorting custody staff member shall report the inmate's refusal to appear before the Disciplinary Hearing Officer or Adjustment Committee.

2. A custody staff member shall deliver to the inmate who refuses to appear an Inmate Disciplinary Hearing Attendance Refusal Notice that includes the following statement:

"I voluntarily refuse to appear at this hearing. I understand that the hearing will be held in my absence."

3. The custody staff member shall advise the inmate that refusal to appear at the disciplinary hearing may result in an incomplete understanding by the Disciplinary Hearing Officer or Adjustment Committee of the circumstances surrounding the charges lodged against the inmate. If the inmate still refuses to appear at the disciplinary hearing, the inmate shall be requested to sign the Inmate Disciplinary Hearing Attendance Refusal Notice immediately after the statement set forth at (b)2 above.

4. In the event the inmate refuses to sign his or her name where designated on the Inmate Disciplinary Hearing Attendance Refusal Notice and still refuses to appear, the notice shall be returned to the Disciplinary Hearing Officer or Adjustment Committee Chairperson indicating that the inmate refused to sign and will contain the signature of the investigating custody staff member.

5. The Disciplinary Hearing Officer or Adjustment Committee shall ensure that the following statement shall be included in the inmate statement section of the Adjudication of Disciplinary Report: "No statement taken as the inmate refused to appear at the hearing."

N.J. Admin. Code § 10A:4-9.11

Amended by R.1996 d.237, effective 5/20/1996.
See: 28 N.J.R. 1464(a), 28 N.J.R. 2555(b).
Inserted disciplinary preceding hearing.

Amended by 53 N.J.R. 923(a), effective 5/17/2021