On appeal from a final decision of the Department of Corrections.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted December 13, 2010 -- Decided
Before Judges Rodriguez and Miniman.
Appellant Ronald Robbins, an inmate currently incarcerated at East Jersey State Prison in Rahway, appeals from the March 16, 2009 final administrative decision of the Department of Corrections (DOC), upholding the disciplinary sanctions imposed for possession of carbon paper, which is a violation of N.J.A.C. 10A:4-4.1(a) .210. The sanction was ten days detention and confiscation of his carbon paper. We affirm.
On March 9, 2009, Senior Corrections Officer Zwolinski found one folder containing thirty-nine sheets of carbon paper in Robbins's cell underneath his mattress. Sergeant Erven investigated the matter. Robbins stated to the Sergeant that he was allowed to have carbon paper to do legal work. Robbins was charged with the .210 disciplinary charge.
Two days after the offense, Disciplinary Hearing Officer Meehan conducted a hearing. Robbins pled not guilty, but did not request the assistance of counsel substitute, nor witnesses to testify on his behalf. Robbins made the following statement on his behalf: "I had carbon paper for my legal work because I don't have a typewriter ribbon."
Meehan reviewed a January 20, 2009 letter from Antonio Campos, the Director of Custody Operations at East Jersey State Prison, to the inmate population. In pertinent part, the letter indicated as follows:
Effective immediately, carbon paper will no longer be permitted inside the security perimeter of the facility. Any carbon paper discovered in the possession of the inmate population shall be immediately confiscated. Inmates found in possession of carbon paper after February 1, 2009 will be charged and the contraband confiscated
Any questions concerning this memo may be addressed to this office. Thus, the hearing officer found Robbins guilty of the .210 charge.
Robbins appealed administratively. Assistant
Superintendent Davis upheld the findings ...