N.J. Admin. Code § 10A:31-8.3

Current through Register Vol. 56, No. 9, May 6, 2024

Section 10A:31-8.3 - Use of body imaging scanning equipment

(a) Body imaging scanning equipment may be utilized for the purpose of searching arrestees, detainees, and inmates. The use of body imaging scanning equipment pursuant to this section 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.

(b) Notwithstanding the provisions of any other law to the contrary, the body image scanning equipment may be operated by an employee of the county correctional facility or other law enforcement officer.

(c) Prior to operating body imaging scanning equipment, an employee or officer shall successfully complete a training course approved by the Police Training Commission pursuant to P.L. 1961, c. 56 (N.J.S.A. 52:17B-66 et seq.).

(d) Body imaging scanning equipment shall be operated in compliance with all manufacturer standards, guidelines, instructions, recommendations, and safety precautions for inmates and equipment operators.

(e) County correctional facilities that utilize body imaging scanning equipment shall submit all training materials to the Police Training Commission for approval and certification.

1. Body imaging scanning equipment training materials shall be updated no less than every three years unless substantial changes are required to the training materials to incorporate manufacturer updates, enhancements, recommended operating changes, and/or safety precautions.

2. Should manufacturer changes be recommended, the body imaging scanning equipment operator training materials shall be updated as needed and submitted to the Police Training Commission for approval and recertification.

3. Copies of all Police Training Commission approvals and certifications shall be submitted to the Department of Corrections upon receipt and at least every three years, or upon receipt of recertification, and made assessable during all Department of Corrections inspections of county facilities.

N.J. Admin. Code § 10A:31-8.3

Adopted by 49 N.J.R. 544(a), effective 3/20/2017