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White v. Department of Corrections

Superior Court of New Jersey, Appellate Division

July 10, 2013

KASHIEF WHITE, Appellant,
v.
DEPARTMENT OF CORRECTIONS, Respondent.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted May 7, 2013

On appeal from the New Jersey Department of Corrections.

Kashief White, appellant pro se.

Jeffrey S. Chiesa, Attorney General, attorney for respondent (Melissa H. Raksa, Assistant Attorney General, of counsel;Shirley P. Dickstein, Deputy Attorney General, on the brief).

Before Judges Fisher and Alvarez.

PER CURIAM

Kashief White, an inmate currently confined at Bayside State Prison, appeals from the March 1, 2012 final determination of the Department of Corrections (DOC) after administrative proceedings during which he was found guilty of prohibited act .257, violation of a condition of community release program, N.J.A.C. 10A:4-4.1(a). He also appeals from the sanctions imposed: fifteen days detention, ninety days administrative segregation, and sixty days loss of commutation time.

The charges resulted from White being observed on February 18, 2012, coming out of a shower stall with another inmate who was in possession of alcohol. White was fully dressed.

At his request, White was assigned a counsel substitute, and entered a not guilty plea to the charges. He had initially also been charged with *.203, possession of a prohibited substance, N.J.A.C. 10A:4-4.1(a), but was found not guilty of that violation. In adjudicating the disciplinary charge, the hearing officer relied upon the report of the officer who encountered White coming out of the shower stall. He found that a "reasonable person would know [inmates] are not . . . permitted in shower stall [with] another" inmate consuming alcohol. White did not testify or present witnesses.

White administratively appealed the decision and the sanctions, which appeal was denied. This appeal followed.

White raises the following issues for our consideration:

POINT I
THE DECISION OF THE HEARING OFFICER VIOLATES DUE PROCESS AND THEREFORE, ...

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