N.J. Admin. Code § 10A:5-5.1

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

Section 10A:5-5.1 - Assignment to Prehearing Protective Custody or admission to a Protective Custody Unit

(a) An inmate may be placed in Protective Custody by any of the following means:

1. On the recommendation of the Special Investigations Division (S.I.D.);

2. On the recommendation of a sentencing court or prosecutor, subject to approval of the Administrator. The recommendation must be accompanied by a statement of justifiable reasons to support such placement;

3. On the recommendation of a correctional facility non-custody staff person or a custody staff member;

4. On the order of the Administrator; Assistant Commissioner, Division of Operations; Chief of Staff; Deputy Commissioner; or Commissioner;

5. Voluntarily, on the part of an inmate via the inmate's request; or

6. Involuntarily, in accordance with the provisions of this subchapter.

(b) If an inmate voluntarily requests placement in Protective Custody, he or she shall complete, sign, and submit to the appropriate Custody Supervisor a voluntary protective custody consent form indicating the reasons for requesting Protective Custody. The Administrator must have reasonable cause to believe that confinement in Protective Custody is necessary to prevent reasonably foreseeable harm and when an inmate makes an informed voluntary request for Protective Custody, the correctional facility shall bear the burden of establishing a basis for refusing the request. If through initial investigation, the inmate's reasons cannot be verified, are deemed to be frivolous by the Administrator, or designee, or if the conditions forming the basis for the voluntary placement are found to have abated or are found to no longer exist, placement in Protective Custody may be denied or the inmate may be released from Protective Custody.

(c) Prehearing Protective Custody shall be used when necessary in order to conduct an in depth investigation. In all cases of inmate voluntary and involuntary placement in Prehearing Protective Custody, the Administrator, or designee, shall gather facts, information, and available documentation to support or reject the placement and shall order such additional investigation as is deemed necessary for a clear understanding of the case. Prehearing Protective Custody may consist of confinement to the inmate's cell or placement into a secure Close Custody Unit.

N.J. Admin. Code § 10A:5-5.1

Amended by R.2008 d.97, effective 4/21/2008.
See: 40 N.J.R. 85(a), 40 N.J.R. 2111(b).
In (a)3, substituted "correctional facility" for "prison"; and in (a)4, inserted "Deputy Commissioner;".
Petition for Rulemaking.
See: 41 N.J.R. 3115(b).
Amended by R.2010 d.054, effective 4/5/2010.
See: 41 N.J.R. 4663(a), 42 N.J.R. 721(a).
Section was "Admission to Protective Custody". In (a)3, deleted "of the rank of Sergeant or above. Emergency placement shall be reviewed and approved within 24 hours by the Shift Supervisor" following "member"; in (a)4, deleted "or" from the end; in (a)5, inserted "the part of an inmate via" and substituted "; or" for a period at the end; added (a)6; and rewrote (b) and (c).

Amended by 53 N.J.R. 719(a), effective 5/3/2021

Amended by 54 N.J.R. 2393(a), effective 12/19/2022