reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 2 - KEEP SEPARATE STATUS › Section 13:95-2.2 - Authorization of placement of juvenile in keep separate status

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Superintendent or designee shall authorize the placement of a juvenile in keep separate status in instances when the Superintendent or designee determines that such placement is warranted for safety of the juvenile, for the maintenance of security or for the orderly operation of the secure facility.
(b) If the Superintendent or designee authorizes that a juvenile be placed in keep separate status, the completed Form J173-I, along with supporting documents, shall be forwarded to:
1. The Facility Classification Office to be filed in the juvenile's classification folder; and
2. The secure facility housing the other juvenile(s) involved in this assignment of keep separate status.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 2 - KEEP SEPARATE STATUS › Section 13:95-2.3 - Procedures for tracking transfers of juveniles in keep separate status

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A classification committee shall authorize the transfer of a juvenile in keep separate status to another secure facility when such transfer is determined to be warranted and appropriate. Emergency transfer procedures shall be followed in accordance with N.J.A.C. 13:100.
(b) Prior to the transfer of any juvenile in keep separate status, the Facility Classification Office shall:
1. Use the Commission's Juvenile Information Management System to confirm the juvenile's current location and the current location of other correlated juveniles in keep separate status;
2. Complete Form J173-III Transfer of Keep Separate Status for the juvenile who is to be transferred;
3. Advise by telephone and fax a copy of Form J173-III to the Superintendent of each secure facility housing the other correlated keep separate status juvenile(s); and
4. Forward, within three days, a hard copy of Form J173-III to each secure facility housing the other correlated keep separate status juvenile(s).
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 2 - KEEP SEPARATE STATUS › Section 13:95-2.4 - Recommending removal from keep separate status

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any staff person may recommend that a juvenile be removed from keep separate status.
(b) Any staff person recommending that a juvenile be removed from keep separate status shall complete the removal recommendation section of Form J173-II Removal From Keep Separate Status, and submit Form J173-II to the Superintendent indicating the reason(s) for the recommendation.
(c) The Superintendent may order that an investigation be undertaken by the Office of Investigations and a report of that investigation be submitted determining whether the information received is accurate and removal of the juvenile from keep separate status is warranted.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 2 - KEEP SEPARATE STATUS › Section 13:95-2.5 - Authorization for removal from keep separate status

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Superintendent may authorize the removal of a juvenile from keep separate status when a review of the factors in the juvenile's case indicates that the keep separate status is no longer appropriate.
(b) Whenever a decision is made to remove a juvenile from keep separate status, the original Form J173-II along with the supporting documents shall be forwarded to the Facility Classification Office to be filed in the juvenile's classification folder.
(c) A copy of the removal notice Form J173-II shall be sent to the Facility Classification Office of the facility at which the other juvenile(s) involved in the keep separate status is housed.
(d) Computerized juvenile information recordkeeping systems shall be updated when a decision to remove a juvenile from keep separate status has been authorized by the Superintendent.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 3 - USE OF FORCE › Section 13:95-3.1 - Custody staff member authority

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Custody staff members are authorized to use appropriate means to enforce secure facility rules and regulations. Such means include, but are not limited to:
1. "Constructive authority," which means authority that does not involve actual physical contact with the individual, but involves the use of the custody staff member's authority to exert control over the individual. Examples of constructive authority include, but are not limited to, verbal commands, gestures and warnings; and
2. "Physical contact," which means routine or procedural contact with an individual necessary to effectively accomplish a legitimate law enforcement objective. Examples of physical contact include, but are not limited to, holding an individual's arm while escorting the individual, handcuffing an individual, maneuvering or securing an individual for a search, and guiding the individual into a vehicle.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 3 - USE OF FORCE › Section 13:95-3.2 - Use of force

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In any case that a custody staff member uses force while on-duty, the custody staff member shall only use that force that is objectively reasonable and necessary under the totality of the circumstances as known by the custody staff member at the time force is used.
(b) A custody staff member may use the amount of force reasonably necessary to accomplish the law enforcement objective. If the individual resists, the custody staff member may increase the degree of force as necessary to accomplish the law enforcement objective, but as soon as the individual submits, the custody staff member shall reduce the degree of force used.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 3 - USE OF FORCE › Section 13:95-3.3 - Non-deadly force; when justified

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A custody staff member may use non-deadly force against persons only under the following circumstances:
1. To protect self or others against the use of unlawful force;
2. To protect self or others against death or serious bodily harm;
3. To prevent damage to property;
4. To prevent escape;
5. To prevent or quell a riot or disturbance;
6. To prevent a suicide or attempted suicide; or
7. To enforce secure facility regulations where expressly permitted by Commission regulations or in situations where a custody staff member with the rank of Sergeant or above believes that the juvenile's failure to comply constitutes an immediate threat to security of the secure facility or personal safety.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 3 - USE OF FORCE › Section 13:95-3.4 - Deadly force; when deadly force is justified and when restricted; restrictions on issuance and use of firearms

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Deadly force includes, but is not limited to, the use of firearms and other lethal weapons.
(b) Deadly force may be used under limitations consistent with the provisions of the New Jersey Code of Criminal Justice, 2C:1-1 et seq., and with any applicable guidelines issued by the Attorney General, under the following circumstances:
1. When the custody staff member reasonably believes that deadly force is immediately necessary to protect the custody staff member or another person from imminent danger of death or serious bodily harm.
i. Deadly force is not justifiable if the custody staff member can otherwise secure his or her complete safety or the complete safety of the protected person.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 3 - USE OF FORCE › Section 13:95-3.5 - Use of force against persons other than juveniles; duties outside the secure facility security perimeter

Current through Register Vol. 56, No. 14, July 15, 2024
(a) While engaged in roving patrol or other duty outside the secure facility security perimeter, appropriate force may be used against persons other than juveniles when a custody staff member observes what he or she believes to be a violation of the law and when there is also imminent peril of bodily harm to any individual or destruction of property.
(b) Whenever possible, the custody staff member shall contact Center Control to request assistance before engaging in any use of force.
(c) In situations where a violation of law is suspected, but no imminent danger is present, the custody staff member shall immediately contact Center Control.
(d) Non-deadly force may be used upon or toward persons other than juveniles only under the following circumstances:
1. To protect self or others against the use of unlawful force;
2. To protect self or others against death or serious bodily harm;
3. To thwart the commission of a crime involving or threatening bodily harm or damage to property;
4. To prevent a suicide or attempted suicide;
5. To prevent escape, or flight from arrest for a crime; and/or
6. To effect an arrest for any offense or crime.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 3 - USE OF FORCE › Section 13:95-3.6 - Use of force while off-duty

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Although 52:17B-174(d)  authorizes custody staff members to exercise law enforcement powers, custody staff members are not required to exercise those powers or to carry firearms during off-duty hours.
(b) Custody staff members, while off-duty, should not become involved with routine law enforcement duties that are under the jurisdiction of local law enforcement agencies. When a custody staff member observes what he or she believes to be a violation of the law, he or she should take note of the vehicle description, license plate numbers, identifying characteristics of persons involved and other relevant information, and report such information to the local law enforcement agency having jurisdiction and to the Director of Custody Operations. Custody staff should avoid stopping or detaining vehicles or persons.
(c) The utmost discretion shall be exercised by the custody staff member to determine when and under what conditions to use force. Whenever he or she believes that possible criminal action is taking place and that a reasonable alternative to use of force exists, the custody staff member must take the action which is calculated to be least dangerous or harmful to persons or property.
(d) A custody staff member shall be deemed to have acted within the scope of his or her employment or in the law enforcement interest of the State of New Jersey if he or she exercises police powers in accordance with the provisions of this subchapter and post orders promulgated in connection therewith.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 3 - USE OF FORCE › Section 13:95-3.7 - Reports

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A custody staff member shall immediately contact his or her shift supervisor and shall complete a JJ-001 Form, Incident Report when he or she participated in, or witnessed, any incident in which:
1. A firearm was discharged outside of the firing range;
2. Physical force, mechanical force or deadly force is used;
3. An individual alleges that serious bodily harm has been inflicted; or
4. Such a report is required by either the Superintendent or the Director of Custody Operations.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 3 - USE OF FORCE › Section 13:95-3.8 - Use of mechanical restraints

Current through Register Vol. 56, No. 14, July 15, 2024
(a) On authorization of the shift supervisor, mechanical restraints may be used in the following instances:
1. When transporting a juvenile from one place to another;
2. When the juvenile's history, disciplinary record, behavior or present emotional state indicates a likelihood that bodily injury to any person, damage to property or escape by the juvenile may occur; or
3. On current medical advice, to prevent the juvenile from attempting suicide, self-inflicted injury, or injury to others.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 3 - USE OF FORCE › Section 13:95-3.9 - Use of chemical or natural agents; storage

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except when issued under the provisions of 13:95-3.4(c), chemical or natural agents shall not be used within a secure facility.
(b) Whenever chemical or natural agents are used other than in a secure facility as a means of control, custody staff members shall comply with the reporting procedures set forth in 13:95-3.7.
(c) A custody staff member shall not carry or use chemical or natural agents unless he or she has received appropriate training and semi-annual retraining in chemical or natural agent use and effects.
(d) After each instance of use, individuals who have been exposed to chemical or natural agents shall be referred to the medical staff for any necessary examination and treatment.
(e) Chemical or natural agents shall be safely stored, legibly labeled to show the chemical or natural name and expiration date, and properly inventoried to ensure security and an adequate unexpired supply.
(f) No chemical or natural agent shall be used by a custody staff member, except for those expressly approved and issued by the Commission.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 3 - USE OF FORCE › Section 13:95-3.10 - Training

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Training in proper methods and techniques of using force and in the lawful and appropriate use of force shall be provided as part of the Basic Course for Juvenile Correction Officers provided by the Commission's Office of Training or equivalent.
(b) All security and custodial personnel shall receive semi-annual training in proper methods and techniques of using force and in the lawful and appropriate use of force. In addition to semi-annual training, retraining may be repeated as needed.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 3 - USE OF FORCE › Section 13:95-3.11 - Penalties for violation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Custody staff action that does not conform to the provisions of this subchapter and any internal management procedures implemented in connection with this subchapter may result in the following:
1. Disciplinary action pursuant to N.J.A.C. 4A:2;
2. Personal, civil or criminal liability;
3. Denial of indemnification; and/or
4. Refusal by the Office of the Attorney General to represent the custody staff officer.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 3 - USE OF FORCE › Section 13:95-3.12 - Secure facility internal management procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each secure facility shall prepare suitable written post orders and internal management procedures to govern the use of force and storage of chemical agents, consistent with this subchapter.
(b) All written post orders and internal management procedures developed in accordance with this subchapter shall be submitted to the Executive Director or designee for approval before implementation.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 4 - USE OF FIREARMS WHILE ON-DUTY AND USE OF PERSONAL FIREARMS WHILE OFF-DUTY › Section 13:95-4.1 - Custody staff members authorized to carry firearms while on-duty

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to being permitted to carry a firearm on-duty, custody staff members shall:
1. Have taken and successfully completed the Police Training Commission (PTC) approved basic course for State juvenile correction officers as set forth in 52:17B-66 et seq.;
2. Have taken and successfully completed the firearms training course at the Commission's Office of Training; and
3. Have been sworn as peace officers by taking the oath of office.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 4 - USE OF FIREARMS WHILE ON-DUTY AND USE OF PERSONAL FIREARMS WHILE OFF-DUTY › Section 13:95-4.2 - On-duty firearms training, qualification and re-qualification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) As required by 2C:39-1 et seq., all custody staff members shall be initially trained and shall qualify in the use and handling of approved on-duty firearms.
(b) Custody staff members shall requalify in accordance with the New Jersey Attorney General's Semi-Annual Qualification and Re-qualification Standards for New Jersey Law Enforcement.
(c) Only those custody staff members who achieve and maintain the required level of proficiency during range qualification and re-qualification shall be authorized to possess firearms while on-duty.
(d) Once a custody staff member has qualified on his or her Commission approved firearm, the custody staff member shall receive the official State of New Jersey, Firearms Unit Weapons Card. Custody staff members shall be required to carry the weapons card, the official badge and photo identification card of the Commission while on-duty.
(e) The Director of Custody Operations, or designee, at each secure facility shall be responsible for preparing and maintaining a current list of each custody staff member authorized to carry a firearm, from a Commission-wide master list provided for that purpose by the Commission's Office of Training.
1. The master list shall be maintained by the Director of Custody Operations or designee to indicate the custody staff member's firearm qualification date (new or expired).
2. In the event that a custody staff member is assigned to a post that requires the issuance of a firearm for that custody staff member's exclusive use while on-duty, the Director of Custody Operations or his or her designee shall maintain a list that indicates the custody staff member's issued firearm, model name and number, and serial number of the firearm.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 4 - USE OF FIREARMS WHILE ON-DUTY AND USE OF PERSONAL FIREARMS WHILE OFF-DUTY › Section 13:95-4.3 - On-duty firearm

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The authorized on-duty firearm shall be the responsibility of the custody staff member at all times.
(b) The custody staff member shall not draw or exhibit his or her firearm except for one of the following circumstances:
1. For maintenance of the firearm;
2. To secure the firearm;
3. When commanded by the firearms staff during training exercises, range practice, qualification or re-qualification with the firearm, or by a supervisor for purposes of inspection;
4. When circumstances create a reasonable belief that it may be necessary to use the firearm in the performance of the custody staff member's duties; or
5. When circumstances create a reasonable belief that display of a firearm as an element of constructive authority will help establish or maintain control in a potentially dangerous situation in an effort to discourage resistance and ensure custody staff safety.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 4 - USE OF FIREARMS WHILE ON-DUTY AND USE OF PERSONAL FIREARMS WHILE OFF-DUTY › Section 13:95-4.4 - Personnel authorized to carry firearms while off-duty

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Firearms may be carried off-duty only by custody staff members holding the rank of Senior Correction Officer, Juvenile Justice and higher who:
1. Have taken and successfully completed the Police Training Commission (PTC) approved basic course for State juvenile correction officers as set forth in 52:17B-66 et seq.;
2. Have qualified in the use and handling of approved off-duty firearms at the firearms training course of the Commission's Office of Training; and
3. Have been sworn as a peace officer by taking the oath of office.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 4 - USE OF FIREARMS WHILE ON-DUTY AND USE OF PERSONAL FIREARMS WHILE OFF-DUTY › Section 13:95-4.5 - Authorized off-duty firearms, ammunition, holsters and security

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Eligible custody staff members who are trained and meet qualification specifications shall be permitted to possess and carry one authorized firearm for off-duty use.
(b) A firearm intended for use as an off-duty weapon must have been obtained and registered pursuant to State and local laws of the State in which the custody staff member lives. Custody staff members may not loan or improperly transfer personal firearms.
(c) Only off-duty firearm makes and models approved and authorized by the Commission may be carried while off-duty.
(d) Ammunition for an off-duty firearm shall be approved and authorized by the Commission.
(e) Only shoulder, waist and ankle holsters shall be used for off-duty use. A holster must hold the firearm firmly when inverted and have no internal clips. An off-duty firearm shall be carried in the approved holster on the body. No purse holsters or holstered firearms in purses are approved.
(f) The waist holster is the only holster approved for use while qualifying with the off-duty firearm.
(g) Personnel who elect to use a shoulder or ankle holster for off-duty use shall demonstrate proficiency in the use of that holster during firearms requalification but need not qualify while using the holster.
(h) The custody staff member shall be responsible for assuming the cost of the off-duty firearm, ammunition, holsters and for maintaining his or her firearm in a safe, secure and serviceable condition.
(i) Pursuant to 2C:58-15, a custody staff member who knows or reasonably should know that a minor or unauthorized adult is likely to gain access to a loaded firearm at a premises under the custody staff member's control shall:
1. Store the off-duty firearm in a securely locked box or container; and
2. Secure the off-duty firearm with a Commission approved trigger locking device.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 4 - USE OF FIREARMS WHILE ON-DUTY AND USE OF PERSONAL FIREARMS WHILE OFF-DUTY › Section 13:95-4.6 - Off-duty firearm

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The authorized off-duty firearm shall be the responsibility of the custody staff member at all times.
(b) The custody staff member shall not draw or exhibit his or her firearm except for one of the following circumstances:
1. For maintenance of the firearm;
2. To secure the firearm;
3. When commanded by the firearms staff during training exercises, range practice, qualification, or requalification with the firearm; or
4. When circumstances create a reasonable belief that it may be necessary to use the firearm.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 4 - USE OF FIREARMS WHILE ON-DUTY AND USE OF PERSONAL FIREARMS WHILE OFF-DUTY › Section 13:95-4.7 - Firearm instructors

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Only those persons who have successfully completed a Police Training Commission (PTC) approved firearms instruction course and are PTC certified as Firearm Instructors shall instruct in the Firearms Training Program at the Commission's Office of Training.
(b) All firearms training instructors engaged by the Commission for semi-annual and re-qualification firearms training shall satisfy at least one of the following requirements:
1. Be certified by the PTC;
2. Possess training equivalent to the PTC approval firearms instructor course and are able to demonstrate a knowledge of and skill with a firearm; or
3. Have successfully completed some other recognized firearms instructor course as determined by the Executive Director.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 4 - USE OF FIREARMS WHILE ON-DUTY AND USE OF PERSONAL FIREARMS WHILE OFF-DUTY › Section 13:95-4.8 - Off-duty firearms training, qualification and re-qualification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All personnel authorized by the Commission to carry firearms off-duty must be initially trained and shall qualify in the use and handling of approved off-duty firearms.
(b) Custody staff members who carry off-duty firearms shall requalify semi-annually on a range approved by the Commission.
(c) Only those custody staff members who achieve and maintain the required level of proficiency during range qualification and re-qualification shall be authorized to carry firearms while off-duty.
(d) Once an individual has qualified on his or her approved personal off-duty firearm, he or she shall receive the official State of New Jersey, Firearms Unit Weapons Card. The off-duty firearm he or she carries must be identified on the off-duty weapons card. Authorized personnel shall be required to carry their off-duty weapons card, the official badge and photo identification card of the Commission at all times while carrying their off-duty firearm.
(e) The Director of Custody Operations, or designee, at each secure facility shall be responsible for preparing and maintaining a current master list of each custody staff member authorized to carry an off-duty firearm, from a Commission-wide master list provided for that purpose by the Commission's Office of Training.
1. The master list shall indicate the custody staff member's firearms qualification date (new or expired), model name and number, and serial number of the authorized off-duty firearm.
2. Each time the custody staff member registers a firearm, the Director of Custody Operations, or designee, is responsible for comparing the firearms qualification date, firearm model name and number, and firearm serial number contained on the master list against the State of New Jersey, Firearms Unit Weapons Card accompanying the personal firearm.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 4 - USE OF FIREARMS WHILE ON-DUTY AND USE OF PERSONAL FIREARMS WHILE OFF-DUTY › Section 13:95-4.9 - Storage of off-duty firearms while on-duty

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A custody staff member entering a Commission facility grounds while armed with an off-duty firearm must proceed directly to the weapons collection station of the facility. The off-duty firearm shall be turned in fully loaded, in its holster, with the State of New Jersey, Firearms Unit Weapons Card with any extra loaded magazines or speedloaders.
(b) The custody staff member must present his or her official photo identification card of the Commission when checking the firearm and authorized ammunition out of the weapons collection station.
(c) Custody staff members are prohibited from storing off-duty weapons or ammunition in their personal vehicles while on Commission property.
(d) Custody staff members assigned to secure facility satellite units must store their firearms at the main secure facility or an approved authorized weapons storage unit.
(e) An off-duty firearm shall be checked in and out on the custody staff member's own time. It is the custody staff member's responsibility to allow sufficient time for this procedure so that he or she will be on time to work.
(f) Under no circumstances may any Commission employee carry an off-duty firearm into a weapons prohibited area of any Commission facility, or into any area routinely dedicated for use by juveniles, including, but not limited to, areas for sleeping, living, eating, recreation, training, and education. Personally owned firearms shall not be carried or used while on-duty except when authorized by the Superintendent and approved by the Director of Operations. In those instances, only firearms approved by the Commission may be used by qualified custody staff members.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 4 - USE OF FIREARMS WHILE ON-DUTY AND USE OF PERSONAL FIREARMS WHILE OFF-DUTY › Section 13:95-4.10 - Unauthorized use of personal weapons while off-duty

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A custody staff member shall not be authorized to carry an off-duty firearm in the following instances:
1. Where 2C:39-7 (Persons Convicted of Certain Crimes) is applicable;
2. When a custody staff member has been suspended from duty for any violation by the Superintendent or a higher official of the Commission;
3. When there are pending charges or ongoing investigations of alleged incidents involving the misuse of a firearm;
4. When otherwise prohibited by law or regulation; or
5. Any other situation where the Superintendent or Director of Custody Operations, or their designee, may exercise their authority to withdraw off-duty firearms privileges, subject to the review of the Director of Operations, Deputy Executive Director, or Executive Director.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 4 - USE OF FIREARMS WHILE ON-DUTY AND USE OF PERSONAL FIREARMS WHILE OFF-DUTY › Section 13:95-4.11 - Possession of firearms within a casino or casino simulcasting facility

Current through Register Vol. 56, No. 14, July 15, 2024
Pursuant to N.J.A.C. 19:45-1.13, a custody staff member shall not possess or be permitted to possess a firearm within a casino or casino simulcasting facility.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 4 - USE OF FIREARMS WHILE ON-DUTY AND USE OF PERSONAL FIREARMS WHILE OFF-DUTY › Section 13:95-4.12 - Reporting incidents

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When a custody staff member believes, or has reason to believe, that an authorized off-duty firearm or ammunition is lost, stolen, or is otherwise missing, the custody staff member shall immediately report this fact to the local law enforcement authorities and to the Center Control supervisor at the secure facility to which he or she is assigned.
(b) As soon as practicable, when a State of New Jersey, Firearms Unit Weapons Card, official photo identification card or badge of the Commission is believed to have been lost or stolen, or is otherwise missing, the custody staff member shall notify the local law enforcement authorities and Director of Custody Operations, or his or her designee.
(c) Except as outlined in 13:95-4.6(b)1  through 3, the custody staff member shall immediately and without exception report to the local law enforcement authorities and to either the Superintendent or Director of Custody Operations or their designee the occurrence of any of the following:
1. Any incident where the custody staff member displayed, drew or fired his or her off-duty firearm; or
2. Any incident or injury which occurred from the use of the custody staff member's firearm.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 4 - USE OF FIREARMS WHILE ON-DUTY AND USE OF PERSONAL FIREARMS WHILE OFF-DUTY › Section 13:95-4.13 - Penalties for violation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Custody staff member actions which do not conform to the provisions of this subchapter and any post orders or internal management procedures implemented in connection with this subchapter may result in the following:
1. Disciplinary action pursuant to N.J.A.C. 4A:2;
2. Personal, civil or criminal liability;
3. Denial of indemnification; and/or
4. Refusal by the Office of the Attorney General to represent the custody staff member.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 4 - USE OF FIREARMS WHILE ON-DUTY AND USE OF PERSONAL FIREARMS WHILE OFF-DUTY › Section 13:95-4.14 - Post orders and procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each secure facility shall be responsible for developing written post orders and internal management procedures consistent with this subchapter.
(b) All written post orders and procedures developed in accordance with this subchapter shall be submitted to the Executive Director or designee for approval before implementation.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 5 - SEARCHES OF JUVENILES AND FACILITIES › Section 13:95-5.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
Secure facilities and juveniles may be searched as provided by this subchapter for the purpose of controlling and deterring the introduction and concealment of contraband. The definition of contraband and all procedures for disposition of contraband set forth in N.J.A.C. 13:95-6, Contraband and Disposition of Contraband, are fully applicable to this subchapter.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 5 - SEARCHES OF JUVENILES AND FACILITIES › Section 13:95-5.2 - Search plan

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each secure facility shall develop and implement a comprehensive written plan governing routine and random searches of facilities and juveniles. Each plan shall be submitted to the Office of the Executive Director for review and approval on or before February 15 of each year.
(b) Each secure facility shall appoint a custody staff member, of a rank no less than Lieutenant, as Institutional Search Plan Coordinator.
(c) The Institutional Search Plan Coordinator shall submit monthly data to the Superintendent. The data shall include, but not be limited to, information regarding searches completed and contraband recovered. The reported data shall be included in the Superintendent's Monthly Report.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 5 - SEARCHES OF JUVENILES AND FACILITIES › Section 13:95-5.3 - Searches of juveniles and facilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All secure facility housing, work, educational, training, visitation and other areas to which juveniles have access shall be searched thoroughly for contraband on a routine, continuing basis. Searches shall be unannounced and irregularly timed, and may be limited to a specific building or area.
(b) Procedures to be utilized in conducting searches shall be as set forth in an internal management document prepared by each secure facility Superintendent or designee to be promulgated pursuant to the search plan required by 13:95-5.2. Such procedures may provide that a juvenile may be excluded from entry into an area being searched to facilitate the safe and effective performance of the search.
(c) Searches of juveniles shall be conducted in a professional and dignified manner, with maximum courtesy and respect for the juvenile's person, and under sanitary conditions.
(d) No juvenile shall be searched as punishment or discipline.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 5 - SEARCHES OF JUVENILES AND FACILITIES › Section 13:95-5.4 - Inspection of security devices

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All bars and sashes, locks, windows, doors, lock boxes and other security devices shall be inspected daily to detect any tampering or defect.
(b) Emergency keys shall be checked at least once every calendar quarter to determine that they work properly.
(c) Inspections of security devices shall be conducted continuously and systematically but scheduled to avoid an observable or predictable routine. The results of all inspections shall be submitted in writing to the shift supervisor for review by the Director of Custody Operations.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 5 - SEARCHES OF JUVENILES AND FACILITIES › Section 13:95-5.5 - Use of scanning/testing devices

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Searches of juveniles, areas and objects by the use of scanning/testing devices may be done routinely and randomly where necessary for security purposes. This may be, but is not limited to, a walk-through device or a handheld device which is passed over the fully clothed body of the juvenile. A scanning/testing device may also be utilized in conjunction with a strip search.
(b) Scanning/testing device searches of juveniles may be conducted by male or female custody staff members or scanning/testing device operators subject to the limitations set forth for strip searches and body cavity searches in 13:95-5.7 and 5.8.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 5 - SEARCHES OF JUVENILES AND FACILITIES › Section 13:95-5.6 - Pat search

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A pat search shall be conducted while the juvenile is fully clothed. A pat search includes both the touching of the juvenile's body through clothing, including hair, dentures, etc., and a thorough examination into pockets, cuffs, seams, etc., and all personal property in the juvenile's possession.
(b) Pat searches of juveniles may be conducted at any time in the following circumstances:
1. Prior to the departure or return of the juvenile to or from any area where the juvenile has had access to dangerous or valuable items;
2. Prior to entering or departing the visiting room; or
3. Under any other circumstances where conditions indicate a need for such searches, as, for example, upon departure of juveniles from kitchen or dining areas.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 5 - SEARCHES OF JUVENILES AND FACILITIES › Section 13:95-5.7 - Strip searches

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A strip search shall be conducted while the juvenile is unclothed. A strip search includes a thorough and systematic examination of the juvenile's body and orifices, including visual inspection of external genital and anal areas, as well as the juvenile's clothing and all personal possessions.
(b) Strip searches of juveniles may be conducted in any of the following circumstances:
1. After a contact visit;
2. Before a juvenile enters the facility from the community, a minimum security facility or other area outside the secure facility;
3. Before a juvenile leaves the facility to go to the community, a minimum security facility or other area outside the secure facility;
4. Prior to the departure of the juvenile from any area where the juvenile has had access to dangerous or valuable items;
5. Upon entering or leaving any close custody unit;
6. During housing unit/wing searches;
7. Before placement of a juvenile under psychological observation or suicide watch;
8. In preparation for a body cavity search, under the provisions of 13:95-5.8; or
9. When a custody staff member with a rank of Sergeant or above is satisfied that there is a clear indication that a juvenile is carrying or concealing contraband on his or her person, or in the juvenile's anal or vaginal cavity.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 5 - SEARCHES OF JUVENILES AND FACILITIES › Section 13:95-5.8 - Body cavity searches of juveniles

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A body cavity search shall not be conducted on a juvenile unless:
1. The highest ranking custody staff member on duty is satisfied that a reasonable suspicion exists that contraband will be found in the juvenile's body cavity; and
2. Approval for the specific search has been granted by the Superintendent or designee.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 5 - SEARCHES OF JUVENILES AND FACILITIES › Section 13:95-5.9 - Canine searches

Current through Register Vol. 56, No. 14, July 15, 2024
Juveniles' possessions and all secure facilities, areas, objects and properties under the jurisdiction of the Commission are subject to routine and random searches by canine teams, specially trained to discover and indicate to the handler(s) the presence of various substances and/or materials.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 5 - SEARCHES OF JUVENILES AND FACILITIES › Section 13:95-5.10 - Testing for prohibited substances

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Testing for prohibited substances may be conducted for the purpose of deterring and controlling the introduction of contraband or to detect the presence of any substance not authorized for possession or use by the juvenile.
(b) Juveniles shall be tested:
1. As part of the intake process for either a newly committed juvenile or juvenile parolee returning to secure care on a parole warrant;
2. When the name of the juvenile appears on a computer-generated randomly selected list of names, regardless of how often the name of the juvenile is randomly selected;
3. During the seven-day period prior to a juvenile's release from custody on parole or upon expiration of a maximum sentence;
4. In accordance with drug treatment program requirements;
5. When a custody staff member of the rank of Sergeant or above or an Investigator with the Office of Investigations believes, based upon his or her education and experience, that there is a reasonable factual basis to suspect the juvenile of using or possessing a prohibited substance;
6. Randomly or for cause, when the Superintendent, Assistant Superintendent or the Director of Custody Operations orders all juveniles from a particular housing unit, work detail or other functional unit to be tested;
7. Upon a juvenile's return from any unsupervised temporary release from custody; and
8. When a Disciplinary Hearing Officer orders testing as part of a sanction for a prohibited substance related infraction.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 5 - SEARCHES OF JUVENILES AND FACILITIES › Section 13:95-5.11 - Collection and analysis of urine specimens

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Substance abuse testing shall be by urinalysis utilizing a Commission-approved urinalysis specimen test kit and shall be conducted by staff who have been trained to perform such testing.
(b) Specimens taken from juveniles shall be voided directly into an approved specimen container and immediately read in the presence of the juvenile and at least two authorized staff members of the same gender as the juvenile.
1. A minimum of 50 milliliters must be voided to ensure a sufficient quantity for all required testing.
2. Testing shall be in accordance with the instructions/standards provided by the manufacturer of the test.
3. The custody staff member or other authorized staff member who administers the test shall record on the Office of Substance Abuse Administration, Continuity of Evidence Form, his or her name and job title, the date and times the specimen was taken and read, the results of the test, and the names of the staff member witnesses.
4. Urine specimens shall be disposed of promptly upon the recording of information provided for in (b)3 above.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 5 - SEARCHES OF JUVENILES AND FACILITIES › Section 13:95-5.13 - Staff orientation and training

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each Superintendent shall be responsible for ensuring that the requirements and guidelines set forth in this subchapter are followed.
(b) Post orders developed in accordance with this subchapter shall be made available to all custody staff members and support staff. All personnel shall receive training in the interpretation and applicability of post orders, so as to ensure effective and safe search techniques.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 6 - CONTRABAND AND DISPOSITION OF CONTRABAND › Section 13:95-6.1 - Procedures for handling contraband upon discovery

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Whenever an item, article or material is determined to be contraband, it shall be immediately seized.
1. The custody staff member or other staff making the seizure shall submit the contraband to the shift supervisor who shall submit it to the Office of Investigations or Center Control of the secure facility, together with a fully completed Form J171-I Seizure of Contraband Report. The contraband report must be submitted no later than the end of the shift during which the contraband was seized.
2. Care shall be taken at all times to accurately record the chain of possession of the contraband.
3. The custody staff member or staff member shall give the juvenile from whose control or possession contraband is taken, an itemized, signed and dated receipt (Form J171-II Juvenile, Receipt, Contraband Seizure), a copy of which shall also go to the Office of Investigations or to the secure facility Center Control. The contents of this form shall be either read or explained to the juvenile, if necessary.
4. When contraband is removed from mail, such as, letters or packages, the custody staff member or staff member making the seizure shall send the juvenile to whom the mail was addressed a completed copy of Form J171-II indicating that the specified items were removed.
5. The juvenile shall have three business days to appeal the seizure to the Superintendent or designee.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 95 - SECURE FACILITIES › Subchapter 6 - CONTRABAND AND DISPOSITION OF CONTRABAND › Section 13:95-6.2 - Disposal of contraband personal property seized in reception units

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When a juvenile arrives at a Commission reception unit with items of personal property not authorized for retention or possession, the items shall be seized.
(b) The staff member making the seizure shall give the juvenile an itemized, signed and dated receipt for the property seized, and shall notify the juvenile that such items are contraband, and that the juvenile has three business days, from the date of the seizure of the contraband, to appeal the classification of any or all items as contraband to the Superintendent or designee.
1. If the Superintendent or designee determines that any or all of the items are not contraband, they shall be returned to the juvenile.
2. If the Superintendent or designee determines that any item is contraband, the juvenile shall be given two business days to indicate which of the following means of disposal should be used with respect to the property. The contraband shall be:
i. Mailed to a designated relative or friend of the juvenile at the juvenile's expense;
ii. Given to a visitor for disposal;
iii. Donated by the juvenile to a charitable organization at the juvenile's expense; or
iv. Destroyed at the juvenile's request.
3. If the juvenile fails to indicate the desired disposition, the property shall be disposed of at the option of the Superintendent of the secure facility in which the reception unit is located.