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Williams v New Jersey Dept of Corrections

12-2-2011 New Jersey:

Williams v New Jersey Dept of Corrections

Charles Williams, an inmate at the Adult Diagnostic Treatment Center (ADTC), appeals the denial of his administrative action challenging the authority of the Commissioner of the Department of Corrections (DOC) to transfer inmates from the general prison population to the ADTC. We reverse.

In summary, we hold that the Commissioner does not have the authority or discretion to assign inmates to the ADTC who are not eligible for such an assignment under the SOA. We do not hold that he cannot transfer ADTC-eligible inmates from other facilities to the ADTC earlier than five years prior to the end of their sentence if they can be accommodated there. We reject Williams's argument to the contrary. We also do not hold that he cannot provide treatment to sex offenders who are not ADTC-eligible at another facility, or even through a distinct program in a separate section of the ADTC if that is feasible.We hold only that the SOA, as it currently exists, precludes the Commissioner from assigning ADTC-ineligible sex-offender inmates to the ADTC for treatment and housing with ADTC-eligible inmates.

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