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Justice Rasideen Allah v. New Jersey Department

June 21, 2012

JUSTICE RASIDEEN ALLAH, APPELLANT,
v.
NEW JERSEY DEPARTMENT OF CORRECTIONS, RESPONDENT.



On appeal from the New Jersey Department of Corrections.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted: June 12, 2012

Before Judges Axelrad and Parrillo.

Appellant Justice Rasideen Allah is incarcerated at the New Jersey State Prison in Trenton. He is serving a life sentence, with a thirty-year period of parole ineligibility, for murder. He appeals from a final determination of the Department of Corrections (DOC) issued on February 24, 2011, continuing his placement in the Management Control Unit (MCU). We affirm.

The MCU is "a close custody unit" in the correctional facility. N.J.A.C. 10A:5-1.3. An inmate may be assigned to the MCU if the Management Control Unit Review Committee (MCURC) finds the inmate poses a substantial threat: to the safety of others, of damage or destruction of property, or of interrupting the operation of the correctional facility. N.J.A.C. 10A:5- 2.5(a). A variety of criteria are considered when making this determination, including:

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 and/or frequency of job changes;

8. Information indicating unsatisfactory adjustment to, or performance in, treatment or rehabilitative programs; and

9. Evidence of the inmate's inability or unwillingness to house with other inmates in a nondisruptive ...


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