N.J. Admin. Code § 10A:3-1.3

Current through Register Vol. 56, No. 9, May 6, 2024
Section 10A:3-1.3 - Definitions

The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise:

"Imminent danger" means threatened harmful actions or outcomes that may occur during an encounter absent action by the custody staff member. The period of time involved is dependent on the circumstances and facts evident in each situation and is not the same in all situations. The threatened harm does not have to be instantaneous, for example, imminent danger may be present even if an individual is not at that instant pointing a weapon at another individual, but is carrying a weapon and running for cover.

"Reasonable belief' means an objective assessment based upon an evaluation of how a reasonable staff member with comparable training and experience would react to, or draw inferences from, the facts and circumstances confronted and known by the staff member at the scene.

"Roving patrol" means observation of the outer perimeter of a facility by making rounds at intervals on foot or in a vehicle.

"Substantial risk" means any discharge of a firearm that entails some risk of an unintended outcome. A substantial risk exists when a custody staff member disregards a foreseeable likelihood that innocent persons will be endangered. An example of substantial risk is firing a weapon into a confined space (such as a room or vehicle) occupied by innocent persons and exposes those persons to a substantial risk of harm.

"Trigger locking device" or "locking device" means a device that, if installed on a firearm and secured by means of a key or mechanically, electronically or electromechanically operated combination lock, prevents the firearm from being discharged without first deactivating or removing the device by means of a key or mechanically, electronically or electromechanically operated combination lock.

N.J. Admin. Code § 10A:3-1.3

Amended by R.1991 d.250, effective 5/20/1991.
See: 23 N.J.R. 383(a), 23 N.J.R. 1672(b).
Added definition of "keep separate status".
Amended by R.1997 d.41, effective 1/21/1997.
See: 28 N.J.R. 4840(a), 29 N.J.R. 356(a).
Added "Body cavity search", "Central Communications Unit", "Central Medical/Transportation Unit", "Correction officer", "Contraband", and "Mechanical restraints"; deleted "Commissioner", "Department", and "Superintendent"; and amended "Deadly force", "Non-deadly force", "Pat search" and "Strip search".
Amended by R.2000 d.33, effective 1/18/2000.
See: 31 N.J.R. 3577(a), 32 N.J.R. 303(b).
Deleted "Internal Affairs Unit".
Amended by R.2002 d.171, effective 6/3/2002.
See: 34 N.J.R. 962(a), 34 N.J.R. 1908(a).
In "Contraband", substituted "sanitation" for "sanitary" following "security" in 4; deleted "Correction officer"; rewrote "Deadly force", "Pat search", "Roving patrol", "Shift supervisor", and "Strip search"; inserted "Imminent danger", "Reasonable belief" and "Substantial risk".
Amended by R.2004 d.90, effective 3/1/2004.
See: 35 N.J.R. 496(a), 36 N.J.R. 1192(b).
Added "Trigger locking device".
Amended by R.2006 d.151, effective 5/1/2006.
See: 38 N.J.R. 96(a), 38 N.J.R. 1836(a).
Deleted a comma in the introductory paragraph; deleted the definitions for "Body cavity search", "Central Communications Unit", "Central Control", "Central Medical/Transportation Unit", "Contact visit", "Contraband", "Deadly force", "Housing unit", "Keep separate status", "Mechanical restraints", "Non-deadly force", "Pat search", "Shift commander" and "Strip search".
Amended by R.2007 d.294, effective 9/17/2007.
See: 39 N.J.R. 2191(a), 39 N.J.R. 3936(b).
In definition "Imminent danger", substituted "another individual" for "the custody staff member"; and in definition "Reasonable belief", deleted "custody" preceding "staff" twice.