NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1962-18T4 LEROY MOORE, Appellant, v. NEW JERSEY DEPARTMENT OF CORRECTIONS, Respondent. _____________________________ Submitted February 3, 2020 – Decided March 2, 2020 Before Judges Ostrer and Susswein. On appeal from the New Jersey Department of Corrections. Leroy Moore, appellant pro se. Gurbir S. Grewal, Attorney General, attorney for respondent (Jane C. Schuster, Assistant Attorney General, of counsel; Christopher C. Josephson, Deputy Attorney General, on the brief). PER CURIAM Inmate Leroy Moore appeals from the decision of the Department of Corrections Office of Community Programs (OCP) denying his release to a Residential Community Release Program (RCRP), colloquially known as a half- way house. He contends the decision was arbitrary, capricious, and unreasonable, because the decision-makers relied, without adequate explanation, on his criminal history. As the Department failed to clearly state the reasons for its decision, or to show it weighed the factors its own regulations prescribe, we remand for reconsideration. Moore has been incarcerated continuously since June 2014. He was convicted of multiple drug offenses that he committed in 2009, and bail jumping committed in 2010. His aggregate term of seventeen years, of which eight had to be served before parole eligibility, includes a nine-year-term for his most serious drug offense, and an eight-year-term for bail jumping. With the benefit of jail credits, he became eligible for parole in late 2019, but remains in custody. Moore has an extensive prior record of juvenile adjudications and adult convictions. The latter include convictions for escape, drugs, theft, resisting arrest and obstruction of justice. He is now forty-two years old. The Institutional Classification Committee (ICC) approved Moore for full minimum status in February 2018. That satisfied a prerequisite for assignment A-1962-18T4 2 to an RCRP. See N.J.A.C. 10A:9-4.3(f) (stating that "[f]ull minimum custody status" is a prerequisite for "community custody status," which is required for assignment to an RCRP); N.J.A.C. 10A:20-4.4(a)(1) (stating that candidates for an RCRP generally must be classified as full minimum). The ICC thereafter approved Moore's application for an RCRP. The administrator of the prison where he was housed approved it as well. However, in September 2018, the OCP denied Moore's application – as it had done twice previously in 2018. The OCP explained, "A review of your program participation, classification file, and the nature and details of [your] offense have resulted in this denial." Below that statement appeared the words "CRIMINAL HISTORY." Moore appeals from that last denial. Moore argues that reference to his criminal history defies meaningful review because every inmate has one. He contends his criminal history, while extensive, does not reflect a propensity for violence, except a juvenile adjudication when he was thirteen years old. The Department defends ...
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