New Jersey Administrative Code › Title 8 - HEALTH › Chapter 131 - SPECIAL TREATMENT UNITS › Subchapter 1 - GENERAL PROVISIONS › Section 8:131-1.4 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, as used in this chapter, shall have
				  the following meanings, unless the context clearly indicates otherwise:
"Canine search" means a search conducted by a canine team
				  consisting of a handler(s) and a dog(s) specially trained to discover and indicate
				  to the handler(s) the presence of various substances and/or materials.
"Clinical staff" means employees of the Department of Health,
				  Division of Behavioral Health Services, who are assigned to the Special Treatment
				  Unit, who are members of treatment teams, or who work in rehabilitation services or
				  discipline-specific supervisory positions including, but not limited to, psychiatry,
				  psychology, and social work.
"Contraband," for the purpose of these rules, means:
1. Any item, article or material found in the possession of, or
				  under the control of, a resident which is not authorized for retention or
				  receipt;
2. Any item, article or material found within the unit or on its
				  grounds which has not been issued by the unit or authorized as permissible for
				  retention or receipt;
3. Any item, article or material found in the possession of, or
				  under the control of, staff or visitors within the unit or on the unit grounds which
				  is not authorized for receipt, retention or importation;
4. Any item, article or material which is authorized for receipt,
				  retention or importation by residents, staff or visitors but which is found in an
				  excessive amount or which has been altered from its original form. An amount shall
				  be considered excessive if it exceeds stated unit limits or exceeds reasonable
				  safety, security, sanitary, or space considerations; or
5. Any article which may be harmful or counter-therapeutic, or
				  which may present a threat to the health or safety of the residents, staff or
				  general public or to the secure and orderly operation of the unit shall be
				  considered contraband. Items of contraband shall include, but shall not be limited
				  to: electronic communication devices, guns and firearms of any type; ammunition;
				  explosives; knives, tools and other implements not provided in accordance with unit
				  regulations; hazardous or poisonous chemicals and gases; unauthorized drugs and
				  medications; medicines dispensed or approved by the unit but not consumed or
				  utilized in the manner prescribed; intoxicants, including, but not limited to,
				  liquor or alcoholic beverages; pornography, inappropriate materials that are
				  counter-therapeutic; and where prohibited, currency and stamps.
"Custody staff," except as otherwise provided, means Custody
				  Supervisors, Senior Correctional Police Officers and Correctional Police Officer
				  Recruits who have been sworn as peace officers.
"DBHS Clinical Director" means the administrator employed by the
				  Department of Health, Division of Behavioral Health Services, who has oversight
				  responsibilities for DOH/DBHS staff.
"Department of Corrections (DOC)" means the New Jersey Department
				  of Corrections.
"Department of Health" means the New Jersey Department of
				  Health.
"Division of Behavioral Health Services " "or (DBHS)" means the
				  Division in the Department of Health responsible for providing or arranging for
				  treatment of persons committed pursuant to the SVPA.
"DOC Administrator" means the administrator employed by the New
				  Jersey Department of Corrections who serves as the chief executive officer of any
				  Special Treatment Unit and who has oversight responsibilities for DOC staff.
"Interagency Oversight Board" means a board of representatives
				  appointed by the Commissioners of the Department of Corrections and the Department
				  of Health that participate in oversight of the Special Treatment Unit in order to
				  facilitate the coordination of STU policies and procedures pursuant to
				  N.J.S.A.
				  30:4-27.34. Such representatives shall include
				  Departmental administrative or executive staff and shall not be limited to or
				  exclusively comprised of STU staff directly responsible for managing the day-to-day
				  operations within an STU.
"Internal management procedures and policies" means procedures
				  and policies issued and maintained by the DBHS Clinical Director or designee for
				  implementation of the facility sex offender treatment program and the procedures and
				  policies that are issued and maintained by the DOC Administrator or designee to
				  provide specific operating procedures for the secure facility.
"Modified Activities Program (MAP)," when used in this chapter,
				  means a behavior modification program used as a sex offender treatment intervention
				  that limits a resident's activities to his or her room, tier, wing or
				  program.
"Resident" means a person who has been temporarily involuntarily
				  civilly committed or involuntarily civilly committed pursuant to
				  N.J.S.A. 30:4-27.24 et
				  seq. to a secure facility operated by the Department of Corrections with custodial
				  care provided or arranged for by the Department of Corrections, and sex offender
				  treatment services provided by, or arranged for by the DBHS in the Department of
				  Health.
"Scanning/testing device" means a mechanical and/or electronic
				  instrument used to identify or to detect certain substances and materials.
"Scanning/testing device operator" means an individual specially
				  trained and authorized by the Department of Corrections to operate a
				  scanning/testing device.
"Scanning/testing device search" means a search of a person or
				  object by exposure to a mechanical and/or electronic instrument used to detect
				  certain substances and materials.
"Sexually violent offense" means:
1. Aggravated sexual assault; sexual assault; aggravated criminal
				  sexual contact; kidnapping pursuant to subparagraph (b) of paragraph (2) of
				  subsection c. of
				  N.J.S.A. 2C:13-1; criminal
				  sexual contact; felony murder pursuant to paragraph (3) of
				  N.J.S.A. 2C:11-3 if the
				  underlying crime is sexual assault; an attempt to commit any of these enumerated
				  offenses;
2. A criminal offense with substantially the same elements as any
				  offense enumerated in paragraph 1 above, entered or imposed under the laws of the
				  United States, this State or another state; or
3. Any offense for which the court makes a specific finding on the
				  record that, based on the circumstances of the case, the person's offense should be
				  considered a sexually violent offense.
"Sexually violent predator" means a person who:
1. Has been convicted, adjudicated delinquent or found not guilty
				  by reason of insanity for commission of a sexually violent offense, or has been
				  charged with a sexually violent offense but found to be incompetent to stand trial;
				  and
2. Suffers from a mental abnormality or personality disorder that
				  makes the person likely to engage in acts of sexual violence if not confined in a
				  secure facility for custody, care, control and treatment.
"Sexually Violent Predator Act (SVPA)" means
				  N.J.S.A. 30:4-27.24 et
				  seq.
"Special Treatment Unit," "STU," "facility," or "unit" means a
				  secure facility for involuntarily civilly committed residents, operated by the
				  Department of Corrections, with custodial care provided or arranged for by the
				  Department of Corrections, and sex offender treatment services provided by, or
				  arranged for by the DBHS in the Department of Health.
"Temporary Close Custody (TCC)" means the removal of a resident
				  from the general population, or other assigned status, with restriction to a room in
				  a designated area for a period not to exceed 72 hours.