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Womack v. New Jersey Department of Corrections

April 29, 2010

DAVID WOMACK, APPELLANT,
v.
NEW JERSEY DEPARTMENT OF CORRECTIONS, RESPONDENT.



On appeal from a Final Decision of the Department of Corrections.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted April 21, 2010

Before Judges Graves and Newman.

Appellant David Womack (Womack) is a federal prisoner serving a life sentence for multiple convictions, including armed robbery, armed burglary, kidnapping, and aggravated sexual assault. He was transferred to New Jersey State Prison in Trenton under the Interstate Corrections Compact, N.J.S.A. 30:7C-1 to -12. Womack appeals from the final agency decision of the Department of Corrections (DOC) dated March 17, 2009, continuing his placement in the Management Control Unit (MCU).

We affirm.

An inmate may be assigned to the MCU if the Management Control Unit Review Committee (Committee) concludes that the inmate poses a substantial threat of endangering the safety of others; of damaging or destroying property; or of interrupting the orderly operations of the correctional facility. N.J.A.C. 10A:5-2.5(a). When determining whether an inmate should be placed in the MCU, the 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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