New Jersey Administrative Code

(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 commande…

(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 Depar…

(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 b…

(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 J…

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…

(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 i…

(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…

Notes N.J. Admin. Code § 10A:3-5.12 New Rule, R.1996 d.209, effective 5/6/1996 (operative August 19, 1996). See: 28 New Jersey Register 763(a), 28 New Jersey Register 2387(b). Recodified from N.J.A.C. 10A:3-5.11 by R.1997 d.41, effective.1/21/1997. See: 28 New Jersey Register 484…

(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 person…

(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 …

(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 are…

(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…

(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 …

(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 inma…

(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 …

(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…

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 pr…

(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 o…

(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 …

(a) When contraband is seized within a correctional facility, appropriate disciplinary reports shall be written and issued pursuant to N.J.A.C. 10A:3-6.7. (b) The staff member making the seizure shall give the inmate an itemized, signed and dated receipt (Form 171--II) for the pr…

Where State issued personal property is confiscated as contraband, the inmate 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 ne…

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

(a) All unauthorized money, unauthorized checks, money orders, or currency found in an inmate's possession shall be immediately seized and turned over to Central Control or Special Investigations Division together with reports required by this subchapter. 1. Any inmate found to b…

(a) When disciplinary reports are issued resulting from application of this subchapter, such reports shall be issued and adjudicated in accordance with N.J.A.C. 10A:4, Inmate Discipline. (b) Specific prohibited acts which involve contraband are enumerated in N.J.A.C. 10A:4-4.1 an…

(a) Any visitor present within the correctional facility or on its grounds shall surrender any item, article, or material which the Administrator or designee shall determine to be contraband.1. The custody staff member or staff member seizing any item, article or material determi…

(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. 10A:18, Mail, Visits and Telephone. (b) Unauthorized money, personal checks or currenc…

(a) A polygraph examination may be requested by the Administrator or designee: 1. When there are issues of credibility regarding serious incidents or allegations which may result in a disciplinary charge; or 2. As part of a reinvestigation of a disciplinary charge, when the Admin…

Pursuant to N.J.S.A. 2C:40A-1, no employee may be forced to consent to a polygraph examination as a prerequisite to employment or as a condition of retaining employment. Notes N.J. Admin. Code § 10A:3-7.2 Amended by R.2007 d.294, effective 9/17/2007. See: 39 N.J.R. 2191(a), 39 N.…

The Administrator or designee shall request all polygraph examinations from the Department's Special Investigations Division, Polygraph Section, using Form 285-I, Request for Polygraph Examination. The Special Investigations Division, Polygraph Section, must approve all requests.…

(a) Polygraph examinations shall be scheduled by the Department's Special Investigations Division, Polygraph Section. If the Department's polygraphists are not available, the Special Investigations Division shall make arrangements to obtain the services of a State Police polygrap…

(a) The inmate must be advised that the test is being administered as part of an official investigation. (b) No examination shall be conducted unless the inmate has knowingly and without duress signed a written consent form. Under no circumstances shall any inmate be threatened o…

(a) A juvenile under the age of 18 who consents to take a polygraph examination shall take the examination only with the express written consent of his or her parent or guardian, or if there is an appropriately executed court order. (b) All other factors relating to administering…

(a) Transportation of inmates shall be done only in State-owned vehicles, except when emergencies or other unusual circumstances require the use of privately-owned vehicles. (b) If it is necessary for an inmate to ride in an employee's private vehicle, the employee must obtain ap…

(a) Escorting custody staff members shall wear civilian clothing when going to any Federal court or when directed by the supervisor. All other escorting custody staff members shall wear uniforms. (b) Inmates shall wear approved State issued clothing on court trips. Notes N.J. Adm…

(a) The Interstate Escort Unit within the Division of Operations shall be responsible for the return of parole violators and escapees from out-of-state and the transfer of inmates under the Interstate Corrections Compact. The Unit shall also assist, on an emergency basis, in esco…

(a) In emergency situations when a non-ambulatory medium, maximum or close custody status inmate is in need of hospitalization or treatment outside of the correctional facility, he or she shall be transported by ambulance, or by a State-owned vehicle if an ambulance is unavailabl…

(a) The costs of transporting an inmate to court for civil action will be paid by the Department of Corrections when:1. The cause of action is related to the inmate's confinement; 2. The cause of action is a Family Court matter such as, but not limited to, matrimonial and child c…

Each correctional facility/unit responsible for inmate transportation shall prepare written internal management procedures governing the transportation of inmates outside of the correctional facility and from one jurisdiction to another, consistent with the requirements of this s…

The transporting of inmates by aircraft shall be in accordance with written guidelines formulated by the Office of Interstate Services, pursuant to N.J.A.C. 10A:3-9.1 1. Notes N.J. Admin. Code § 10A:3-9.2 Amended by R.2002 d.171, effective 6/3/2002. See: 34 New Jersey Register 96…

(a) State-owned vehicles used to escort medium, maximum or close custody status inmates shall be equipped with protective screening devices to separate inmates from the driver. Opening devices on the inner rear doors and windows of passenger sedans shall be made inoperable. (b) T…

(a) The Administrator or designee shall make a determination with respect to the specific staffing and security arrangements required when transporting a reduced custody status inmate. In these cases, a careful review shall be made of the individual case to determine the most app…

(a) Prior to custody staff members accepting escort responsibility for the custody of any inmate, sending facility staff shall ensure that the custody staff members are provided all mandatory inmate transportation documentation to include, but not be limited to: 1. Name and numbe…

(a) An inmate shall only be produced in court by a writ of habeas corpus, writ of habeas corpus ad testificandum, post conviction relief order, or other order to produce which is to be received by Central Medical/Transportation 48 business hours prior to the scheduled court appea…

(a) During escort, inmates shall be carefully guarded to prevent escape and receipt of contraband. (b) No communication between the inmate and the public shall be permitted at any time during escort. (c) An inmate's special requests during escort not related to the purpose of the…

Escorting custody staff members shall immediately notify the Administrator or designee, if an emergency arises during the transportation of an inmate. If time or other considerations makes it impossible to contact the Administrator or designee, the local law enforcement authoriti…

(a) Prior to accepting responsibility for an injured parole violator or escapee to be escorted, the escort custody staff member shall make every effort to obtain written information on how the injury occurred and whether medical aid was administered. A copy of a medical report sh…

(a) The purpose of this chapter is to:1. Establish the minimum criteria for the planning, design and construction of new adult county correctional facilities or renovation of existing facilities; 2. Establish the minimum criteria for the administration of adult county correctiona…