N.J.A.C. 13:95 — SECURE FACILITIES (Subchapter 1 to 21)

(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, N.J.S.A. 2C:1-1 et seq., and with any applicable guidelines is…

(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 imm…

(a) Although N.J.S.A. 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 involv…

(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, mecha…

(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 t…

(a) Except when issued under the provisions of N.J.A.C. 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 …

(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 N.J.S.A. 52:17B-66 et seq.; 2. Have tak…

(a) A custody staff member shall not be authorized to carry an off-duty firearm in the following instances:1. Where N.J.S.A. 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 Superinte…

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. Notes N.J. Admin. Code § 13:95-4.11

(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 C…

(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. Person…

(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 Directo…

(a) As required by N.J.S.A. 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 Qua…

(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 fir…

(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 off…

(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 …

(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 fi…

(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 tra…

(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 …

(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, Fire…

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,…

(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 int…

(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 con…

§ 13:95-5.12 - Reserved Notes N.J. Admin. Code § 13:95-5.12

(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 perso…

(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.…

(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 specifi…

(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 secu…

(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…

(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 …

(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 per…

(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 …

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…

(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 Cente…

(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…

(a) When contraband is seized within a secure facility, appropriate disciplinary reports shall be written and issued pursuant to N.J.A.C. 13:95-6.7. (b) The staff member making the seizure shall give the juvenile an itemized, signed and dated receipt (Form J171-II) for the proper…

Where State-issued personal property is confiscated as contraband, the juvenile shall not have any option with respect to its disposition. It shall be returned to the source for redistribution or subsequent disposal. Commissary items seized as contraband may be distributed among …

(a) All contraband determined to pose a threat to security or to be disruptive to the orderly running of a secure facility shall be taken into the custody of the secure facility and under no circumstances shall be returned to the juvenile. 1. The staff member making the seizure s…

(a) All unauthorized money or currency found in a juvenile's possession shall be immediately seized and turned over to Center Control, Office of Investigations together with reports required by this subchapter. 1. Any juvenile found to be in possession of or to have control over …

When disciplinary reports are issued resulting from application of this subchapter, such reports shall be issued and adjudicated in accordance with the provisions of N.J.A.C. 13:101-4.3. Notes N.J. Admin. Code § 13:95-6.7

(a) Any visitor present within the secure facility or on its ground shall surrender any item, article, or material which the Superintendent or designee shall determine to be contraband. 1. The custody staff member or staff member seizing any item, article or material determined t…

(a) Incoming correspondence and publications shall always be inspected for contraband. Any discovery of contraband in correspondence or publications shall be handled in accordance with N.J.A.C. 13:95-19. (b) Unauthorized money or currency found in correspondence or publications s…

(a) Each secure facility shall have rooms designated as the facility's Behavior Accountability Unit (BAU). (b) The purpose of the BAU shall be to provide a structured environment for juveniles when they pose a threat to their own safety, to the safety of staff or other juveniles,…

Notes N.J. Admin. Code § 13:95-7.10 Repealed by R.2013 d.138, effective 12/2/2013. See: 44 N.J.R. 2466(a), 45 N.J.R. 2484(a). Section was "Grooming, showering and shaving".

Notes N.J. Admin. Code § 13:95-7.11 Repealed by R.2013 d.138, effective 12/2/2013. See: 44 N.J.R. 2466(a), 45 N.J.R. 2484(a). Section was "Medical services".

Notes N.J. Admin. Code § 13:95-7.12 Repealed by R.2013 d.138, effective 12/2/2013. See: 44 N.J.R. 2466(a), 45 N.J.R. 2484(a). Section was "Searches of juveniles; personal items".

Notes N.J. Admin. Code § 13:95-7.13 Repealed by R.2013 d.138, effective 12/2/2013. See: 44 N.J.R. 2466(a), 45 N.J.R. 2484(a). Section was "Secure facility clothing, bedding and linen".

Notes N.J. Admin. Code § 13:95-7.14 Repealed by R.2013 d.138, effective 12/2/2013. See: 44 N.J.R. 2466(a), 45 N.J.R. 2484(a). Section was "Juvenile legal services".

Notes N.J. Admin. Code § 13:95-7.15 Repealed by R.2013 d.138, effective 12/2/2013. See: 44 N.J.R. 2466(a), 45 N.J.R. 2484(a). Section was "Correspondence visits and telephone calls".

Notes N.J. Admin. Code § 13:95-7.16 Repealed by R.2013 d.138, effective 12/2/2013. See: 44 N.J.R. 2466(a), 45 N.J.R. 2484(a). Section was "Recreation".