N.J. Admin. Code § 10A:3-5.8

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

Section 10A:3-5.8 - Body cavity searches of an inmate(s)

(a) A body cavity search shall be conducted on an inmate when the custody staff member in charge is satisfied that a reasonable suspicion exists that contraband will be found in the inmate's body cavity.

(b) In the event the custody staff member in charge has reasonable suspicion to believe that contraband is being concealed in the inmate's body cavity, the inmate shall immediately be escorted to the infirmary of the correctional facility and ordered to remove the contraband. The custody staff member in charge shall advise the inmate that medical assistance is available to the inmate for removal of the contraband.

(c) The health care provider at the correctional facility shall provide assistance to the inmate under the following conditions:

1. The inmate has requested assistance from the health care provider staff in order to remove the contraband from the inmate's body cavity; or

2. If during or after removal of the contraband by the inmate, the health care provider staff determines that the inmate is in need of medical assistance. In that event, medical treatment shall be rendered to the inmate unless the inmate refuses such treatment.

(d) If the inmate refuses to remove the contraband from his or her body cavity, the inmate shall receive appropriate disciplinary charges and shall be:

1. Isolated and kept under visual surveillance until the contraband is eliminated from the inmate's body cavity; or

2. Transported to an outside hospital or medical facility for removal of the contraband, if necessary for the well being of the inmate, or the safe, secure and orderly operation of the correctional facility. The health care provider staff at the correctional facility shall make the necessary arrangements with the outside hospital or medical facility for any procedures that are necessary for the safe removal of the contraband.

(e) If the suspected contraband cannot be removed from the inmate's body cavity without the use of force, a court order may be sought if the following circumstances exist:

1. The inmate cannot be confined to a dry cell until the contraband is eliminated from the inmate's body, because the nature of the suspected contraband presents a safety or security risk to staff, other inmates or the facility; or

2. Suspected contraband has been secreted in an inmate's vaginal cavity, the inmate has been confined to a dry cell for a 48-hour time period, and the inmate continues to refuse to remove the contraband with or without the assistance of a health care professional.

(f) Any request for a court order must be approved by the Commissioner or designee. If approval by the Commissioner or designee has been granted, the Administrator or designee of the correctional facility in which the inmate is housed shall contact the Division of Law. The Administrator or designee shall provide the assigned Deputy Attorney General with a sufficient factual basis for concluding that a court order is necessary, in accordance with the criteria in (e) above.

(g) The custody staff member in charge shall prepare a written report of the results of a body cavity search that shall be made part of the inmate's record and shall include, but is not limited to, the following information:

1. A statement of facts indicating reasonable suspicion for the search;

2. The name of the custody staff member in charge who authorized the search;

3. The name(s) of the custody staff member(s) present during the search and the reason(s) for his or her presence;

4. The name(s) of the person(s) conducting the search;

5. An inventory of any item(s) found during the search; and

6. The reason(s) for use of force, if applicable.

(h) The correctional health care providers shall document the medical assistance rendered or offered to the inmate in the inmate's Electronic Medical Record and/or the Medical Reference File. The documentation shall include, but is not limited to, the following:

1. The name of the health care professional(s) providing medical assistance;

2. The names of all individuals present during the removal of the contraband;

3. An inventory of any item(s) removed from the inmate's body cavity; and

4. A description of the medical assistance that was offered or provided to the inmate.

(i) If the inmate has been transported to an outside hospital or medical facility, the health care provider staff of the correctional facility shall ensure that a report is made by the outside hospital or medical facility. This report, together with the report of the custody staff member in charge, shall be entered into the inmate's Electronic Medical Record and/or the Medical Reference File. The report from the hospital or medical facility health care provider staff shall include, but is not limited to, the following:

1. The name of any health care professional(s) providing medical assistance; and

2. A description of the medical procedures that were conducted.

N.J. Admin. Code § 10A:3-5.8

Amended by R.2001 d.197, effective 6/18/2001.
See: 32 N.J.R. 2637(a), 33 N.J.R. 2082(a).
Rewrote (a) and the introductory paragraph of (b); in (b), substituted "gender" for "sex" throughout; in (c)6, substituted "applicable" for "necessary"; substituted references to custody staff member for references to officer and to correction officer throughout section.
Amended by R.2002 d.171, effective 6/3/2002.
See: 34 N.J.R. 962(a), 34 N.J.R. 1908(a).
Rewrote the section.
Amended by R.2007 d.294, effective 9/17/2007.
See: 39 N.J.R. 2191(a), 39 N.J.R. 3936(b).
In the introductory paragraphs of (h) and (i), substituted "Medical Record and/or the Medical Reference File" for "Medical/Dental Record".