LEROY CHAMBERS v. DEPARTMENT OF CORRECTIONS

 

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-5558-04T15558-04T1

LEROY CHAMBERS,

Petitioner-Appellant,

v.

DEPARTMENT OF CORRECTIONS,

Respondent-Respondent.

_______________________________________________________________

 

Submitted January 25, 2006 - Decided February 16, 2006

Before Judges Parker and Yannotti.

On appeal from a Final Agency Decision of the

Department of Corrections, 05-06-0029.

Leroy Chambers, appellant pro se.

Nancy Kaplen, Acting Attorney General,

attorney for respondent (Patrick DeAlmeida,

Assistant Attorney General, of counsel;

Walter C. Kowalski, Deputy Attorney General,

on the brief).

PER CURIAM

Petitioner Leroy Chambers appeals from a final decision of the Department of Corrections (DOC) classifying him to medium security custody.

Petitioner was sentenced on September 13, 2002 to a term of twenty years subject to four years parole ineligibility on a charge of possession of a controlled dangerous substance (CDS) with intent to distribute. His minimum release date is March 4, 2007.

On December 13, 2002, the DOC classified him to medium security. He was reviewed again on February 27, May 7 and May 29, 2003, but his classification remained the same. After the May 29 review, it was noted that he would become eligible for minimum security on December 4, 2004.

On October 12, 2004, the DOC's "objective classification-reclassification instrument" indicated that petitioner was eligible for minimum custody but the DOC had received notice of an immigration detainer from the Immigration and Naturalization Service (INS) indicating that he was subject to deportation. As a result of the detainer, medium security custody is required. Thus, the sole reason petitioner has not been reclassified to gang minimum or full minimum security is because of the INS detainer.

In this appeal, defendant argues that the DOC's decision is arbitrary, capricious and unreasonable. In response, the State points out that N.J.A.C. 10A:9-4.6(v) provides that foreign-born inmates shall be eligible for reduced custody provided the INS has not issued a detainer on the inmate.

Our scope of review of an administrative decision is limited to a determination of whether it is supported by sufficient credible evidence in the record. Clowes v. Terminix Int'l, Inc., 109 N.J. 575, 588 (1988). We have carefully reviewed the record in light of petitioner's arguments and the applicable law, and we are satisfied that the DOC's classification is consistent with N.J.A.C. 10A:9-4.6(v). We affirm. R. 2:11-3(e)(1)(D).

 
Affirmed.

(continued)

(continued)

3

A-5558-04T1

February 16, 2006