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Reid v. New Jersey Dep't of Corrections

July 22, 2009

CRAIG REID, APPELLANT,
v.
NEW JERSEY DEPARTMENT OF CORRECTIONS, RESPONDENT.



On appeal From a Final Administrative Decision of the New Jersey Department of Corrections.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted March 11, 2009

Before Judges A. A. Rodríguez and Payne.

Craig Reid, an inmate at New Jersey State Prison, has appealed from an adjudication, affirmed on administrative appeal, finding him guilty of disciplinary infraction *009, unauthorized possession of a cell phone, N.J.A.C. 10A:4-4.1, and from the imposition of sanctions consisting of fifteen days of detention, with credit for time served, 365 days of administrative segregation, 365 days of loss of commutation credit, one year loss of phone privileges, and permanent loss of contact visits under the Department of Corrections' "zero-tolerance" policy.

On further appeal from the final decision of the Department of Corrections, Reid makes the following arguments:

POINT I

APPELLANT WAS DENIED DUE PROCESS DURING THE AGENCY HEARING BY BEING HELD IN DETENTION LONGER THAN THE CODE PERMITS.

POINT II

THE DECISION OF THE HEARING OFFICER WAS NOT BASED UPON SUBSTANTIAL EVIDENCE, IN VIOLATION OF THE CODE.

After considering Reid's arguments in light of the record and applicable precedent, we affirm.

The following facts appear from the record on appeal. On February 7, 2008, Reid was interviewed by Senior Investigator R. Doron of the Special Investigations Division of the New Jersey State Prison, who sought information regarding a cell phone confiscated from another inmate with the last name of Burgos.

Reid refused to cooperate, and on February 8, 2008 he was charged with having committed a *009 offense.

Reid was assigned a counsel substitute, and on February 11, 2008, he pled not guilty to the charge. Further hearings in the matter were delayed until March 3, 2008 because of the hearing officer's need to review and summarize the extensive investigatory materials relating to the matter. During the period from February 7 to March 3, Reid remained in disciplinary detention, although ...


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