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Smith v. New Jersey Department of Corrections

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NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

On appeal from the New Jersey Department of Corrections.

Daryl Smith is a prisoner in the custody of the New Jersey Department of Corrections and is currently incarcerated at South Woods State Prison in the City of Bridgeton. He is serving a term of twenty-three years pursuant to convictions for aggravated manslaughter and possession and distribution of a controlled dangerous substance. On July 7, 2000, Smith was transferred from Southern State Correctional Facility to South Woods State Prison as a result of a “keep separate” order in his folder in relation to another inmate at Southern State Correctional Facility. Prior to his transfer, he qualified for and received “full minimum custody status.” See N.J.A.C. 10A:9-4.3(e).*fn1 After his transfer to South Woods State Prison, the prison’s Institutional Classification Committee reviewed Smith’s status, and as a result, he was “reverted” to “gang minimum custody status.”*fn2 N.J.A.C. 10A:9- 4.3(d). Stanley Nunn, the administrator of the facility, reviewed the determination, concluding that Smith was not eligible for “full minimum custody status” at South Woods State Prison because his conviction was for aggravated manslaughter.

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