On appeal from a Final Decision of the New Jersey Department of Corrections.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted: November 29, 2010
Before Judges A.A. Rodriguez and C.L. Miniman.
Inmate George Bratsenis appeals from Final Agency action of the Department of Corrections (DOC) on September 1, 2009, as-signing him a custody status of "GANG MIN." We dismiss as moot. At the time Bratsenis filed his appeal, he was serving a fifty-year term with a mandatory minimum of twenty-five years for unlawful possession of a weapon, robbery, and conspiracy at Northern State Prison. On December 16, 2008, Bratsenis appeared before the Institutional Classification Committee for his yearly review. Prior to that appearance, Bratsenis filed an "Inmate Remedy System Form" on October 20, 2008, in which he asserted that he presently had a "K2 override." He stated that he had been continuously incarcerated since 1984 and was serving a fifty-year sentence with a twenty-five year parole disqualifier. At that time, his parole eligibility date was November 14, 2010, and his maximum eligibility date was December 23, 2011. He asserted that his last institutional infraction was on May 9, 1996. He wanted his K2 override removed, a psychological evaluation, and reduced custody status. He pointed out that his conspiracy to escape was over twenty-two years old, and he was months away from turning sixty.
In ruling on Bratsenis's application, the Committee reviewed his crimes and his institutional record and gave him the following scores:
Severity of Current Offense 4 Prior Assaultive Off. History--Last 10yr 0 Escape History--Last 5yr incarceration 0 History of Institutional Viol--Last 5yr 0 Number of Disciplinary Reports -2 [Most] Severe Disciplinary--Last 12mth 0 Age -2 Program Participation 0
The Committee elected not to change Bratsenis's custody status of "MEDIUM."
On November 28, 2009, Bratsenis completed another Inmate Remedy System Form with the following information:
This is my second request. I have well over one 1 year since my last annual review, and I have been here over 2 years since transfer from NJSP. I have a K1 override, and I have requested it be removed. I have over 23 years in on a 50 with a 25, and I'm less than 2 years from my PED, and I will be 60 on January 10, 2008. I'm from Conn. and I ask that you please consider removing the K1 override, giving me status, and a halfway house. As my wife and family live in Conn., and transfer would be a visit hardship. However, I really would like to seek a job before my release.
I would told in my last IIC that I was to be scheduled for annual review on 11/11/2008, this has not happened timely.
Bratsenis sought "FULL MINIMUM" status.
Apparently unbeknownst to Bratsenis, the Committee had reclassified him from "MEDIUM" to "GANG MIN" on September 1, 2009. One of the reasons that Bratsenis's classification was not "MINIMUM" was that the Committee determined that a ...