10A:9-5.3 Forfeiture of commutation credits andwork credits
(a) Pursuant to N.J.S.A. 30:4-140 et seq., commutation credits may be declared to be forfeited as a penalty for misconduct.
1. Forfeitures shall be determined by the Disciplinary Hearing Officer or Adjustment Committee pursuant to N.J.A.C. 10A:4. All decisions shall be reviewed by the Administrator or designee, who may approve or modify the amount of credits forfeited.
2. In no case shall more than 365 days of commutation and 72 work credits be declared forfeited for any single disciplinary offense. Work credits shall not be forfeited for commission of a prohibited act unless authorized by law.
(b) Pursuant to N.J.S.A. 30:4-16.2, commutation credits shall be declared to be forfeited when any civil action or proceeding, filed by an inmate, in a New Jersey State court, in which the defendant was represented by the Attorney General or county counsel, has been determined by the court to be frivolous because the civil action was filed:
1. To harass or retaliate against another individual;
2. To disrupt or interfere with the operation of the correctional facility; or
3. For some other malicious purpose.
Amended by R. 1992 d. 79, effective February 18, 1992. See: 23 N.J.R. 3721(a), 24 N.J.R. 612(a). Revised section. Amended by R. 1996 d. 557, effective December 2, 1996. See: 28 N.J.R. 4155(a), 28 N.J.R. 5073(b). Amended by R.2000 d.143, effective April 3, 2000. See: 32 N.J.R. 166(a), 32 N.J.R. 1216(a). In (a), changed N.J.S.A. reference and inserted a reference to work credits in the introductory paragraph, and substituted a reference to the Administrator for a reference to the Superintendent in 1. Amended by R.2002 d.190, effective June 17, 2002. See: 34 N.J.R. 1082(a), 34 N.J.R. 2030(a). In (a)1, deleted "commutation" preceding "credits"; in (a)2, added "and 72 work" after commutation, also added a sentence; in (b), amended the N.J.S.A. reference and inserted "in a New Jersey State Court" following "inmate".