reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 3 - SECURITY AND CONTROL › Subchapter 3 - USE OF FORCE › Section 10A:3-3.1 - Custody staff authority

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Custody staff are authorized to use appropriate means to enforce correctional 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, warnings and unholstering a weapon. Pointing a firearm at an individual is an element of constructive authority to be used only in appropriate situations; 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 10A - CORRECTIONS › Chapter 3 - SECURITY AND CONTROL › Subchapter 3 - USE OF FORCE › Section 10A:3-3.2 - 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 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 10A - CORRECTIONS › Chapter 3 - SECURITY AND CONTROL › Subchapter 3 - USE OF FORCE › Section 10A:3-3.3 - Non-deadly force; when justified

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department of Corrections justifies the use of 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 correctional facility regulations where expressly permitted by Department of Corrections regulations or in situations where a custody staff member with the rank of Sergeant or above believes that the inmate's failure to comply constitutes an immediate threat to correctional facility security or personal safety.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 3 - SECURITY AND CONTROL › Subchapter 3 - USE OF FORCE › Section 10A:3-3.4 - Deadly force; when justified and when restricted

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Deadly force may be used against persons, consistent with provisions of the New Jersey Code of Criminal Justice,
2C:1-1
et seq., and upon authorization of the following: 2C:1-1 et seq., and upon authorization of the following:
1. The Commissioner;
2. The Deputy Commissioner;
3. The Chief of Staff;
4. The Assistant Commissioner, Division of Operations;
5. The Directors, Division of Operations;
6. The Administrator;
7. The Associate Administrator/Assistant Superintendent;
8. A Correction Major; or
9. The unit supervisor, Special Operations Group.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 3 - SECURITY AND CONTROL › Subchapter 3 - USE OF FORCE › Section 10A:3-3.5 - Use of force against persons other than inmates; duties outside the correctional facility security perimeter

Current through Register Vol. 56, No. 14, July 15, 2024
(a) While engaged in roving patrol or other duty outside the correctional facility security perimeter, appropriate force may be used against persons other than prison inmates 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 Central 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 Central Control.
(d) Non-deadly force may be used upon or toward persons other than inmates 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 10A - CORRECTIONS › Chapter 3 - SECURITY AND CONTROL › Subchapter 3 - USE OF FORCE › Section 10A:3-3.6 - Use of force while off-duty

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Although 2A:154-4 authorizes peace officers 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 use extreme caution to determine when and under what circumstances to become involved with day-to-day law enforcement duties that are under the jurisdiction of Federal, State or local law enforcement agencies. As an example, 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 and letters, identifying characteristics of persons involved and other relevant information, and report such information to the local law enforcement agency having jurisdiction and to the Central Communications Unit, New Jersey Department of Corrections. 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 10A - CORRECTIONS › Chapter 3 - SECURITY AND CONTROL › Subchapter 3 - USE OF FORCE › Section 10A:3-3.7 - Reports

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The custody staff member shall immediately contact his or her shift commander and shall write a special report when the custody staff member participated in, or witnessed, an incident in which:
1. A firearm was discharged outside of the firing range;
2. A use of force resulted in death or serious bodily harm; and/or
3. An individual alleges that serious bodily harm has been inflicted.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 3 - SECURITY AND CONTROL › Subchapter 3 - USE OF FORCE › Section 10A:3-3.8 - Use of mechanical restraints

Current through Register Vol. 56, No. 14, July 15, 2024
(a) On authorization of the shift commander, mechanical restraints may be used in the following instances:
1. When transporting an inmate from one place to another;
2. When the inmate'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 inmate will occur; or
3. On current medical advice, to prevent the inmate from attempting suicide, self-inflicted injury, or injury to others.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 3 - SECURITY AND CONTROL › Subchapter 3 - USE OF FORCE › Section 10A:3-3.9 - Use of chemical or natural agents; storage

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Only Department of Corrections approved chemical or natural agents shall be used by custody staff members in accordance with applicable provisions of this subchapter.
(b) Whenever chemical or natural agents are used as a means of control, staff members shall comply with the reporting procedure in this subchapter.
(c) A custody staff member is not permitted to carry or use chemical or natural agents unless he or she has received appropriate training and 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.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 3 - SECURITY AND CONTROL › Subchapter 3 - USE OF FORCE › Section 10A:3-3.10 - 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 Correction Officers provided at the Corrections Staff Training Academy (CSTA), New Jersey Department of Corrections.
(b) All security and custody personnel shall receive annual training in proper methods and techniques of using force and in the lawful and appropriate use of force. In addition to annual training, retraining may be repeated as needed. Such training shall be provided by each correctional facility.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 3 - SECURITY AND CONTROL › Subchapter 3 - USE OF FORCE › Section 10A:3-3.11 - Penalties for violation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Custody staff action which 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 member.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 3 - SECURITY AND CONTROL › Subchapter 3 - USE OF FORCE › Section 10A:3-3.12 - Correctional facility internal management procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each correctional 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 shall be forwarded to the Office of the Commissioner or designee for review and approval on or before February 15 of each year.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 3 - SECURITY AND CONTROL › Subchapter 4 - USE OF FIREARMS WHILE ON-DUTY AND USE OF PERSONAL FIREARMS WHILE OFF-DUTY › Section 10A:3-4.1 - Custody staff 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 shall:
1. Have taken and successfully completed the Police Training Commission (P.T.C.) approved basic course for State correction officers as set forth in 52:17B-66 et seq. (The Department of Corrections shall allow completion of an equivalent P.T.C. approved course for county correction officers to substitute for this requirement);
2. Have taken and successfully completed the firearms training course at the Corrections Staff Training Academy (CSTA), New Jersey Department of Corrections; and
3. Have been sworn as peace officers by taking the Oath of Office and completing Form 156-I Oath of Office.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 3 - SECURITY AND CONTROL › Subchapter 4 - USE OF FIREARMS WHILE ON-DUTY AND USE OF PERSONAL FIREARMS WHILE OFF-DUTY › Section 10A:3-4.2 - On-duty firearms training, qualification, and requalification

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 annually on a range approved by the New Jersey Department of Corrections.
(c) Only those custody staff members who achieve and maintain the required level of proficiency during range qualification and requalification shall be authorized to possess firearms while on-duty.
(d) Once a custody staff member has qualified on his or her Departmentally approved firearms, 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 New Jersey Department of Corrections while on-duty.
(e) Each Correction Major, Unit Chief, or their designee shall be responsible for preparing and maintaining a current master list of each custody staff member authorized to carry a firearm.
1. The master list shall be maintained by a Correction Major, Unit Chief, or their 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, a Correction Major, Unit Chief, or their 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 10A - CORRECTIONS › Chapter 3 - SECURITY AND CONTROL › Subchapter 4 - USE OF FIREARMS WHILE ON-DUTY AND USE OF PERSONAL FIREARMS WHILE OFF-DUTY › Section 10A:3-4.3 - 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 requalification with the firearm;
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 10A - CORRECTIONS › Chapter 3 - SECURITY AND CONTROL › Subchapter 4 - USE OF FIREARMS WHILE ON-DUTY AND USE OF PERSONAL FIREARMS WHILE OFF-DUTY › Section 10A:3-4.4 - 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 Department:
1. Custody staff holding the rank of Senior Correction Officer and higher who meet the following requirements:
i. Have taken and successfully completed the Police Training Commission (P.T.C.) approved basic course for State correction officers as set forth in 52:17B-66 et seq. (The Department of Corrections shall allow completion of an equivalent P.T.C. approved course for county correction officers to substitute for this requirement.);
ii. Have qualified in the use and handling of approved off-duty firearms at the firearms training course of the Corrections Staff Training Academy (CSTA), New Jersey Department of Corrections; and
iii. Have been sworn as a peace officer by taking the Oath of Office and completing Form 156-I Oath of Office; and
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 3 - SECURITY AND CONTROL › Subchapter 4 - USE OF FIREARMS WHILE ON-DUTY AND USE OF PERSONAL FIREARMS WHILE OFF-DUTY › Section 10A:3-4.5 - Authorized off-duty firearms, ammunition, holsters and security

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Eligible employees who are trained and meet qualification specifications shall be permitted to have a maximum of two authorized firearms for off-duty use. An eligible employee shall be authorized to carry only one such firearm at a time on his or her person while off-duty.
(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 employee lives. Employees may not loan or improperly transfer personal firearms.
(c) Only off-duty firearm makes and models approved and authorized by the New Jersey Department of Corrections may be carried while off-duty.
(d) Trigger locking devices that are approved by the Department of Corrections shall be used, in accordance with this section and the operating instructions and standards provided by the manufacturer of the trigger locking device(s).
(e) Ammunition for the off-duty firearm(s) shall be approved and authorized by the New Jersey Department of Corrections.
(f) 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.
(g) The waist holster is the only holster approved for use while qualifying with the off-duty firearm(s).
(h) 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.
(i) The employee shall be responsible for assuming the cost of the firearm(s), ammunition, holsters, and trigger locking device(s) and for maintaining his or her firearm(s) in a safe, secure and serviceable condition.
(j) An employee who possesses an authorized off-duty firearm or a Departmentally issued firearm at a premises under the control of an employee shall:
1. Store the off-duty firearm in a securely locked box or container; and
2. Secure the off-duty firearm with a trigger locking device(s) that is approved by the Department of Corrections.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 3 - SECURITY AND CONTROL › Subchapter 4 - USE OF FIREARMS WHILE ON-DUTY AND USE OF PERSONAL FIREARMS WHILE OFF-DUTY › Section 10A:3-4.6 - 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 employee at all times.
(b) The employee 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 10A - CORRECTIONS › Chapter 3 - SECURITY AND CONTROL › Subchapter 4 - USE OF FIREARMS WHILE ON-DUTY AND USE OF PERSONAL FIREARMS WHILE OFF-DUTY › Section 10A:3-4.7 - Firearm instructors

Current through Register Vol. 56, No. 14, July 15, 2024
(a) As established by the New Jersey Division of Criminal Justice requirement, only those persons who have successfully completed a Police Training Commission (P.T.C.) approved firearms instruction course and are P.T.C. certified as Firearm Instructors shall instruct in the Department of Corrections Firearms Training Program at the Corrections Staff Training Academy (C.S.T.A.).
(b) As established by the New Jersey Division of Criminal Justice, all firearms training instructors engaged by the Department of Corrections for annual and requalification firearms training shall satisfy at least one of the following requirements:
1. Be certified by the P.T.C.;
2. Possess training equivalent to the P.T.C. 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 Commissioner of the Department of Corrections.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 3 - SECURITY AND CONTROL › Subchapter 4 - USE OF FIREARMS WHILE ON-DUTY AND USE OF PERSONAL FIREARMS WHILE OFF-DUTY › Section 10A:3-4.8 - Off-duty firearms training, qualification, and requalification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All personnel authorized by the DOC to carry firearms off-duty must be initially trained and shall qualify in the use and handling of approved off-duty firearms.
(b) Department of Corrections personnel who carry off-duty firearms shall requalify annually on a range approved by the New Jersey Department of Corrections.
(c) Only those employees who achieve and maintain the required level of proficiency during range qualification and requalification shall be authorized to possess firearms while off-duty.
(d) Once an individual has qualified on his or her approved personal off-duty firearm(s), 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 New Jersey Department of Corrections at all times while carrying their off-duty firearm.
(e) A Correction Major or designee at each correctional facility shall be responsible for preparing and maintaining a current master list of each employee authorized to carry an off-duty firearm.
1. The master list shall indicate the employee's firearms qualification date (new or expired), model name and number, and serial number of the authorized off-duty firearm(s).
2. Each time the employee registers a firearm, a Correction Major, 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 10A - CORRECTIONS › Chapter 3 - SECURITY AND CONTROL › Subchapter 4 - USE OF FIREARMS WHILE ON-DUTY AND USE OF PERSONAL FIREARMS WHILE OFF-DUTY › Section 10A:3-4.9 - Storage of off-duty firearms while on-duty

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An employee entering a correctional facility grounds while armed with an off-duty firearm must proceed directly to the weapons collection station of the correctional facility. The off-duty firearm shall be turned in fully loaded, in its holster, attached to the State of New Jersey, Firearms Unit Weapons Card. One extra loaded magazine or one extra speedloader in a carrier may be turned into the weapons collection station of the correctional facility with the firearm. No other loose or additional ammunition shall be brought into the correctional facility or carried onto Department property.
(b) The employee must present his or her official photo identification card of the New Jersey Department of Corrections when checking the firearm and authorized ammunition out of the weapons collection station.
(c) Employees are prohibited from storing off-duty weapons or ammunition in their personal vehicles while on Department property.
(d) Employees assigned to satellite units or other Department residential facilities must store their firearms at the main correctional facility or an approved authorized weapons storage unit.
(e) Personal firearms shall be checked in and out on the employee's own time. It is the employee'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 an employee carry a personally owned firearm into the correctional facility beyond the weapons collection station. Personally owned firearms shall not be carried or used while on-duty except when authorized by the Administrator and approved by the Assistant Commissioner, Division of Operations. In those instances, only firearms approved by the Department may be used by qualified custody staff members.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 3 - SECURITY AND CONTROL › Subchapter 4 - USE OF FIREARMS WHILE ON-DUTY AND USE OF PERSONAL FIREARMS WHILE OFF-DUTY › Section 10A:3-4.10 - Unauthorized use of personal weapons while off-duty

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An employee shall not be authorized to carry an off-duty firearm in the following instances:
1. Where 2C:39-7 (Persons Convicted of Certain Crimes) or any other Federal or State law is applicable;
2. When an employee has been suspended from duty for any violation by the Administrator or a higher official of the Department;
3. When there are pending charges or ongoing investigations of alleged incidents involving the misuse of a firearm;
4. When otherwise required by law or regulation; or
5. Any other situation where the Administrator/Unit Chief or their designee may exercise their authority to withdraw off-duty firearms privileges, subject to the review of the Assistant Commissioner, Division of Operations, Chief of Staff, Deputy Commissioner, or Commissioner, Department of Corrections.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 3 - SECURITY AND CONTROL › Subchapter 4 - USE OF FIREARMS WHILE ON-DUTY AND USE OF PERSONAL FIREARMS WHILE OFF-DUTY › Section 10A:3-4.11 - 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. 19:45-1.1 3, an employee shall not possess or be permitted to possess a firearm within a casino or casino simulcasting facility.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 3 - SECURITY AND CONTROL › Subchapter 4 - USE OF FIREARMS WHILE ON-DUTY AND USE OF PERSONAL FIREARMS WHILE OFF-DUTY › Section 10A:3-4.12 - Reporting incidents

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When an authorized off-duty firearm is believed to have been lost or stolen, the employee shall report this fact to the local law enforcement authorities and to the correctional facility Central Control or the New Jersey Department of Corrections Central Communications Unit within three hours from the time he or she is aware that the firearm is missing.
(b) As soon as practicable, when a State of New Jersey, Firearms Unit Weapons Card, official photo identification card or badge of the New Jersey Department of Corrections is believed to have been lost or stolen, the employee shall notify the local law enforcement authorities and Administrator/Unit Chief or their designee.
(c) Except as outlined in 10A:3-4.6(b)1  through 3, the employee shall immediately and without exception report to the local law enforcement authorities and the correctional facility Administrator/Unit Chief or their designee:
1. Any incident where the employee displayed, drew or fired his or her off-duty firearm; or
2. Any incident or injury which occurred from the use of the employee's firearm.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 3 - SECURITY AND CONTROL › Subchapter 4 - USE OF FIREARMS WHILE ON-DUTY AND USE OF PERSONAL FIREARMS WHILE OFF-DUTY › Section 10A:3-4.13 - Penalties for violation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Employee 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 employee.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 3 - SECURITY AND CONTROL › Subchapter 4 - USE OF FIREARMS WHILE ON-DUTY AND USE OF PERSONAL FIREARMS WHILE OFF-DUTY › Section 10A:3-4.14 - Post orders and procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each correctional facility shall be responsible for developing written post orders and internal management procedures consistent with this subchapter.
(b) All written post orders and procedures shall be forwarded to the Office of the Commissioner or designee for review and approval on or before February 15 of each year.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 3 - SECURITY AND CONTROL › Subchapter 5 - SEARCHES OF INMATES AND FACILITIES › Section 10A:3-5.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
Facilities and inmates may be searched as provided by this subchapter for the purpose of controlling and deterring the introduction and concealment of contraband. Procedures for disposition of contraband set forth in N.J.A.C. 10A:3-6, Contraband and Disposition of Contraband, are fully applicable to this subchapter.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 3 - SECURITY AND CONTROL › Subchapter 5 - SEARCHES OF INMATES AND FACILITIES › Section 10A:3-5.2 - Search plan

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each correctional facility shall develop and implement a comprehensive written plan governing routine and random searches of facilities and inmates. Each plan shall be submitted to the Office of the Commissioner or designee for review and approval on or before February 15 of each year.
(b) Each correctional facility shall appoint a custody staff member of the rank of Correction Major as Institutional Search Plan Coordinator.
(c) The Institutional Search Plan Coordinator shall submit monthly data to the Administrator and the Indicator Report Coordinator. The data shall include, but not be limited to, information regarding searches completed and contraband recovered. The reported data shall be included in the Monthly Indicator Report.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 3 - SECURITY AND CONTROL › Subchapter 5 - SEARCHES OF INMATES AND FACILITIES › Section 10A:3-5.3 - Searches of inmates and facilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All facility residential, work, training, visit areas and other areas to which inmates 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 correctional facility Administrator or designee to be promulgated pursuant to the search plan required by 10A:3-5.2. Such procedures may provide that an inmate may be excluded from entry into an area being searched to facilitate the safe and effective performance of the search.
(c) Searches of inmates shall be conducted in a professional and dignified manner, with maximum courtesy and respect for the inmate's person, and under sanitary conditions.
(d) No inmate shall be searched as punishment or discipline except as provided by 10A:3-5.1 0.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 3 - SECURITY AND CONTROL › Subchapter 5 - SEARCHES OF INMATES AND FACILITIES › Section 10A:3-5.4 - 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 quarterly 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 commander for review by a Correction Major.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 3 - SECURITY AND CONTROL › Subchapter 5 - SEARCHES OF INMATES AND FACILITIES › Section 10A:3-5.5 - Use of scanning/testing devices

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Searches of inmates, 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 that is passed over the fully clothed body of the inmate. A scanning/testing device may also be utilized in conjunction with a strip search or body cavity search.
(b) Scanning/testing device searches of inmates may be conducted by male or female custody staff members or scanning/testing device operators subject to the limitations set forth in 10A:3-5.7 and 5.8.
(c) Body imaging scanning equipment may be utilized for the purpose of searching inmates. The use of body imaging scanning equipment shall be limited to searches conducted in any of the following circumstances:
1. When an inmate enters or leaves the correctional facility;
2. Any time before or after an inmate is placed in close custody, prehearing restrictive housing, administrative segregation, protective custody, psychological observation, or suicide watch;
3. Any time before or after an inmate has a contact visit in which the inmate and a visitor are permitted physical contact with each other;
4. After an inmate has been in any area where the inmate has had access to dangerous or valuable items;
5. During a mass search of an inmate housing unit or inmate work area;
6. When a custody staff member with a rank of sergeant or above determines that there exists a reasonable suspicion that an inmate is carrying or concealing contraband on the inmate's person, or in the inmate's anal or vaginal cavity; or
7. When a custody staff member with a rank of sergeant or above determines that the search is reasonably necessary for safety and security.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 3 - SECURITY AND CONTROL › Subchapter 5 - SEARCHES OF INMATES AND FACILITIES › Section 10A:3-5.6 - Pat search

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A pat search shall be conducted while the inmate is fully clothed. A pat search includes both the touching of the inmate's body through clothing, including hair, dentures, etc., and a thorough examination into pockets, cuffs, seams, etc., and all personal property in the inmate's possession.
(b) Pat searches of inmates may be conducted at any time in the following circumstances:
1. Prior to the departure or return of the inmate to or from any area where the inmate has had access to dangerous or valuable items;
2. Prior to entering or departing the visiting area; or
3. Under any other circumstances where conditions indicate a need for such searches, such as, but not limited to, upon departure of inmates from kitchen or dining areas.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 3 - SECURITY AND CONTROL › Subchapter 5 - SEARCHES OF INMATES AND FACILITIES › Section 10A:3-5.7 - Strip searches

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A strip search shall be conducted while the inmate is unclothed. A strip search includes a thorough and systematic examination of the inmate's body and orifices, including visual inspection of external genital and anal areas, as well as the inmate's clothing and all personal possessions.
(b) A strip search of an inmate(s) may be conducted in any of the following circumstances:
1. After a contact visit;
2. Before an inmate enters or leaves the facility's main building, whether to go to a destination in the outside community or to a minimum security camp or farm area;
3. Prior to the departure of the inmate from any area where the inmate has had access to dangerous or valuable items;
4. Upon entering or leaving any close custody unit;
5. During housing unit/wing searches;
6. Before placement of an inmate under constant observation or suicide watch; or
7. When a custody staff member with a rank of Sergeant or above is satisfied that there is a reasonable suspicion that an inmate is carrying or concealing contraband on his or her person, or in the inmate's anal or vaginal cavity.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 3 - SECURITY AND CONTROL › Subchapter 5 - SEARCHES OF INMATES AND FACILITIES › Section 10A:3-5.8 - Body cavity searches of an inmate(s)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A body cavity search shall be conducted on an inmate when the custody staff member in charge is satisfied that a reasonable suspicion exists that contraband will be found in the inmate's body cavity.
(b) In the event the custody staff member in charge has reasonable suspicion to believe that contraband is being concealed in the inmate's body cavity, the inmate shall immediately be escorted to the infirmary of the correctional facility and ordered to remove the contraband. The custody staff member in charge shall advise the inmate that medical assistance is available to the inmate for removal of the contraband.
(c) The health care provider at the correctional facility shall provide assistance to the inmate under the following conditions:
1. The inmate has requested assistance from the health care provider staff in order to remove the contraband from the inmate's body cavity; or
2. If during or after removal of the contraband by the inmate, the health care provider staff determines that the inmate is in need of medical assistance. In that event, medical treatment shall be rendered to the inmate unless the inmate refuses such treatment.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 3 - SECURITY AND CONTROL › Subchapter 5 - SEARCHES OF INMATES AND FACILITIES › Section 10A:3-5.9 - Canine searches

Current through Register Vol. 56, No. 14, July 15, 2024
All inmates and their possessions and all correctional facilities, areas, objects and properties under the jurisdiction of the Department of Corrections 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 10A - CORRECTIONS › Chapter 3 - SECURITY AND CONTROL › Subchapter 5 - SEARCHES OF INMATES AND FACILITIES › Section 10A:3-5.10 - 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 inmate.
(b) Inmates shall be tested:
1. When the name of the inmate appears on a computer-generated randomly selected list of names, regardless of how often the name of the inmate is randomly selected;
2. Prior to commencing participation in any unsupervised community release program such as, but not limited to, furlough or work release;
3. During the 72 hour period prior to an inmate's release from custody on parole;
4. During the 10 calendar days prior to the inmate's release from custody on expiration of maximum sentence;
5. In accordance with drug treatment program requirements;
6. When a custody staff member of the rank of Sergeant or above or a Special Investigations Division Investigator believes, based upon his or her education and experience, that there is a reasonable factual basis to suspect the inmate of using or possessing a non-alcoholic prohibited substance;
7. When a supervising staff member or a licensed medical staff person in a residential community program utilizing non-custody staff believes based upon his or her education and experience that there is a reasonable factual basis to suspect the inmate of using or possessing a non-alcoholic prohibited substance;
8. When the Administrator, Associate Administrator, Assistant Superintendent, or a Correction Major orders all inmates of a particular housing unit, work detail, or other functional unit to be tested;
9. When a custody staff member of the rank of Sergeant or above orders testing upon any inmate's return from furlough or other unsupervised temporary release from custody; or
10. When a Disciplinary Hearing Officer/Adjustment Committee orders testing as part of a sanction for a prohibited substance related prohibited act.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 3 - SECURITY AND CONTROL › Subchapter 5 - SEARCHES OF INMATES AND FACILITIES › Section 10A:3-5.11 - Collection, storage and analysis of specimens

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Testing shall be conducted by staff who have been trained to perform the test(s).
(b) Specimens shall be collected, labeled, handled and, when necessary, sealed, stored, and transported in accordance with the instructions/standards provided by the manufacturer of the test.
(c) Testing shall be conducted using methods deemed reliable by the Department of Corrections.
(d) If the initial test result is positive, the specimen shall be subject to a confirmation test of equal or greater sensitivity than the initial test.
(e) Each time a specimen is collected for the reasons stated in 10A:3-5.1 0, form 172-I Continuity of Evidence-Urine Specimen or form 172-II Continuity of Evidence-On Site Urine Specimen Testing shall be completed and maintained with the specimen.
1. Verbal assistance or interpretation, and assistance in signing the continuity of evidence forms shall be provided to illiterate inmates, inmates not sufficiently conversant with the English language or inmates otherwise unable to read or write due to physical/medical inability. Such assistance shall be documented on the continuity of evidence form by the custody staff member or other authorized staff member who witnessed the voiding of the specimen.
2. Should the inmate refuse to sign, the custody staff member or other authorized staff member who witnessed the voiding of the specimen shall indicate the refusal on the continuity of evidence form.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 3 - SECURITY AND CONTROL › Subchapter 5 - SEARCHES OF INMATES AND FACILITIES › Section 10A:3-5.13 - Orientation and training

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each Administrator 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 10A - CORRECTIONS › Chapter 3 - SECURITY AND CONTROL › Subchapter 6 - CONTRABAND AND DISPOSITION OF CONTRABAND › Section 10A:3-6.1 - 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 staff member making the seizure shall submit the contraband to the unit supervisor who shall submit it to the Special Investigations Division or Central Control of the correctional facility, together with a fully completed Form 171--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 should be taken at all times to carefully record the chain of possession of the contraband.
3. The custody staff member or staff member shall also give the inmate from whose control or possession contraband is taken, an itemized, signed and dated receipt (Form 171--II, Inmate, Receipt, Contraband Seizure), a copy of which shall also go to the Special Investigations Division or to the correctional facility Central Control. The contents of this form shall be either read or explained to the inmate if necessary.
4. When contraband is removed from mail, such as, but not limited to, letters and packages, the custody staff member or staff member making the seizure shall send the inmate to whom the mail was addressed a completed copy of Form 171--II indicating that the specified items were removed.
5. The inmate shall have three business days to appeal the seizure to the Administrator or designee.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 3 - SECURITY AND CONTROL › Subchapter 6 - CONTRABAND AND DISPOSITION OF CONTRABAND › Section 10A:3-6.2 - Disposal of contraband personal property seized in reception units

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When an inmate arrives at a Department of Corrections 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 inmate an itemized, signed and dated receipt for the property seized, and shall notify the inmate that such items are contraband, and that the inmate 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 Administrator or designee.
1. If the Administrator or designee determines that any or all of the items are not contraband, they shall be returned to the inmate.
2. If the Administrator or designee determines that any item is contraband, the inmate 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 inmate at the inmate's expense;
ii. Given to a visitor for disposal;
iii. Donated by the inmate to a charitable organization at the inmate's expense; or
iv. Destroyed at the inmate's request.
3. If the inmate fails to indicate the desired disposition, the property shall be disposed of at the option of the Administrator or designee of the correctional facility in which the reception unit is located.