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Allah v. New Jersey Dep't of Corrections

June 3, 2008

JUSTICE R. ALLAH, APPELLANT,
v.
NEW JERSEY DEPARTMENT OF CORRECTIONS, RESPONDENT.



On appeal from a Final Determination of the New Jersey Department Of Corrections.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted May 13, 2008

Before Judges Yannotti and LeWinn.

Appellant Justice R. Allah is incarcerated at the New Jersey State Prison in Trenton, New Jersey. Allah is serving a life sentence, with a thirty-year period of parole ineligibility, for murder. He appeals from a final determination of the Department of Corrections which placed him in the Management Control Unit (MCU). We affirm.

The MCU is "a close custody unit" in the correctional facility. N.J.A.C. 10A:5-1.3. An inmate may be assigned to the MCU if the Management Control Unit Review Committee (MCURC) finds that the inmate poses a substantial threat to the safety of others; of damage or destruction of property; or of interrupting the operation of the correctional facility. N.J.A.C. 10A:5-2.5(a).

In determining whether an inmate should be assigned to the MCU, the MCURC Committee must consider the following criteria:

1. Disciplinary records during the inmate's present term of confinement and any previous terms served. Weight shall be assigned to this criterion where there are a substantial number of minor charges, or one or more charges of a serious nature;

2. Past criminal offenses, including those for which incarcerated, which indicate the capability and propensity to commit or precipitate serious acts of disruption or violence;

3. Number and location of previous institutionalizations including the disciplinary records, progress reports, classification reports, or any other records which indicate involvement in serious misbehavior;

4. Reports by professional staff (for example, psychologists, social workers, psychiatrists);

5. Reports indicating present involvement in criminal activities in the community or within the correctional facility;

6. Evidence of an attitude which indicates an unwillingness to follow rules and obey orders;

7. Inability to maintain a satisfactory work record as indicated in reports by work supervisors ...


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