N.J. Admin. Code § 10A:3-3.4

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

Section 10A:3-3.4 - Deadly force; when justified and when restricted

(a) Deadly force may be used against persons, consistent with provisions of the New Jersey Code of Criminal Justice, 2C:1-1 et seq., and upon authorization of the following: 2C:1-1 et seq., and upon authorization of the following:

1. The Commissioner;

2. The Deputy Commissioner;

3. The Chief of Staff;

4. The Assistant Commissioner, Division of Operations;

5. The Directors, Division of Operations;

6. The Administrator;

7. The Associate Administrator/Assistant Superintendent;

8. A Correction Major; or

9. The unit supervisor, Special Operations Group.

(b) Deadly force may be used in the following situations under limitations consistent with the provisions of the New Jersey Code of Criminal Justice, N.J.S.A. 2C:1-1 et seq.:

1. When the custody staff member reasonably believes that deadly force is immediately necessary to protect the custody staff member or another person from imminent danger of death or serious bodily harm. However, deadly force is not justifiable if the custody staff member can otherwise secure his or her complete safety or the complete safety of the protected person;

2. When the custody staff member reasonably believes that deadly force is immediately necessary to prevent or stop an individual from committing or continuing a criminal offense which would endanger human life or inflict serious bodily harm upon another person unless the commission or the consummation of the crime is prevented; or

3. When the custody staff member reasonably believes that deadly force is immediately necessary to prevent the escape of an inmate committed to a correctional facility for the detention of persons charged with, or convicted of an offense, provided that the custody staff member reasonably believes that the force employed creates no substantial risk of injury to innocent persons.

(c) Deadly force includes, but is not limited to, the use of shotguns, handguns, rifles, and other lethal weapons.

(d) Where feasible, before using a firearm, the custody staff member shall attempt to identify himself or herself as a custody staff member and state his or her intent to shoot. A custody staff member shall not discharge a firearm as a signal for help or as a warning shot.

(e) The custody staff member shall not discharge a firearm if there is a substantial risk of injury to innocent persons.

(f) A custody staff member shall not engage in a high-speed vehicle pursuit. A custody staff member shall not fire his or her firearm from a moving vehicle or at the driver or occupant of a moving vehicle or engage in any vehicle contact action, such as ramming, unless the custody staff member reasonably believes that:

1. There exists an imminent danger of death or serious bodily harm to the custody staff member or another person; and

2. No other means are available at that time to avert or eliminate the danger.

(g) A custody staff member shall not fire a weapon solely to disable a moving vehicle.

(h) Whenever feasible, the custody staff member shall contact Central Control to request assistance before engaging in any use of force that reasonably could result in serious bodily harm.

(i) A custody staff member is under no obligation to retreat or desist when resistance is encountered or threatened. However, a custody staff member shall not resort to the use of deadly force if the custody staff member reasonably believes that an alternative to the use of deadly force will avert or eliminate an imminent danger of death or serious bodily harm, and achieve the law enforcement objective at no increased risk to the custody staff member or another person.

(j) A custody staff member shall not use deadly force to subdue persons whose actions are only destructive to property.

(k) Deadly force shall not be used against persons whose conduct is injurious only to themselves.

(l) The discharge of any projectile from a firearm is considered to be deadly force, including less lethal means such as, but not limited to, bean bag ammunition or rubber bullets. For that reason, these and similar less lethal means of deadly force can only be used when a custody staff member reasonably believes such action is immediately necessary to protect the custody staff member or another person from imminent danger of death or serious bodily harm.

(m) Written post orders shall govern the use of deadly force by custody staff members.

N.J. Admin. Code § 10A:3-3.4

Amended by 47 N.J.R. 649(b), effective 3/16/2015.