On appeal from a Final Agency Decision of the Department of Corrections.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Before Judges Sapp-Peterson and Newman.
This is a prison disciplinary appeal. Jamil Thompson, an inmate currently confined at New Jersey State Prison in Trenton, appeals a final determination of the Department of Corrections (DOC) finding him guilty of two drug-related disciplinary infractions. We affirm.
On March 4, 2007, Thompson was an inmate at Riverfront State Prison. On March 1, 2007, a confidential informant alerted prison officials that Nadia N. Odom, Thompson's girlfriend, would be visiting Thompson that day for a contact visit and would be bringing drugs into the prison. Odom was stopped shortly after she arrived at the institution and advised that she would be searched. When asked about a bulge beneath her shirt, Odom removed a clear plastic bag containing nine balloons of marijuana. On March 9, 2007, Thompson was charged with disciplinary infraction *.803, attempting to commit an asterisk offense, introduction of prohibited substances, *.203.*fn1
This disciplinary charge includes aiding another to commit any such act or making plans to commit such acts. On March 16, 2007, Thompson was also charged with a separate *.203 disciplinary infraction stemming from a January 30, 2007 incident during which suspected narcotics fell out of Thompson's rectal area while a correction officer strip searched Thompson as a result of an informant's tip that Thompson possessed a shank.*fn2 There was an initial hearing in which the charges against Thompson were sustained. After Thompson filed his appeal of the final administrative agency decision, DOC sought and was granted a remand to clarify the record. A rehearing was conducted and Thompson was once again found to have committed the infractions. The present appeal followed.
On appeal Thompson raises the following points for our consideration:
DEPARTMENT OF CORRECTION[S] VIOLATED APPELLANT[']S RIGHTS AND PRIVILEGES ANNOUNCED THROUGHOUT THE DISCIPLINARY PROCEEDINGS IN DETERMINING APPELLANT[']S GUILT AND DOING SO VIOLATED APPELLANT[']S DUE PROCESS RIGHTS UNDER THE NEW JERSEY CONSTITUTION AND THE U.S. CONSTITUTION.
A. INACCURATE NOTICE OF ALLEGED INFRACTION *[.]803.
B. THE D.O.C. WITHHELD EXCULPAROTY [SIC] EVIDENCE.
C. D.O.C. VIOLATED 48 HOUR RULE.
D. APPELLANT WAS DENIED ...