N.J. Admin. Code § 10A:3-3.1

Current through Register Vol. 56, No. 8, April 15, 2024

Section 10A:3-3.1 - Custody staff authority

(a) Custody staff are authorized to use appropriate means to enforce correctional facility rules and regulations. Such means include, but are not limited to:

1. "Constructive authority," which means authority that does not involve actual physical contact with the individual, but involves the use of the custody staff member's authority to exert control over the individual. Examples of constructive authority include, but are not limited to, verbal commands, gestures, warnings and unholstering a weapon. Pointing a firearm at an individual is an element of constructive authority to be used only in appropriate situations; and

2. "Physical contact," which means routine or procedural contact with an individual necessary to effectively accomplish a legitimate law enforcement objective. Examples of physical contact include, but are not limited to, holding an individual's arm while escorting the individual, handcuffing an individual, maneuvering or securing an individual for a search, and guiding the individual into a vehicle.

(b) Custody staff members are encouraged to interrupt the flow of events to help ensure that a fellow custody staff member does not resort to employing an inappropriate or excessive use of force.

N.J. Admin. Code § 10A:3-3.1

New Rule, R.2002 d.171, effective 6/3/2002.
See: 34 New Jersey Register 962(a), 34 New Jersey Register 1908(a).
Former N.J.A.C. 10A:3-3.1, Correction officers authorized to carry firearms while on-duty, recodified to N.J.A.C. 10A:3-4.1.