New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 35 - SPECIAL TREATMENT UNITS › Subchapter 1 - GENERAL PROVISIONS › Section 10A:35-1.4 - Definitions

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