N.J. Admin. Code § 10A:3-6.8

Current through Register Vol. 56, No. 12, June 17, 2024

Section 10A:3-6.8 - Introduction or discharge of contraband into or from a facility by a visitor

(a) Any visitor present within the correctional facility or on its grounds shall surrender any item, article, or material which the Administrator or designee shall determine to be contraband.

1. The custody staff member or staff member seizing any item, article or material determined to be contraband shall give the visitor an itemized, dated and signed receipt. When possession of the seized item, article or material does not appear to violate any Federal or State statute and the visitor exits the facility, the employee shall, in return for the receipt, return the item to the visitor.

2. If there is reason to believe that possession of the contraband violates a Federal or State statute, the employee shall detain such a visitor and notify the correctional facility Special Investigations Division.

(b) If there is reason to believe that a visitor has willfully introduced or was attempting to introduce contraband into the facility, such person shall be detained in the facility and the correctional facility Special Investigations Division shall be notified.

(c) Visitors may be subject to denial of future visits as specified by the Administrator due to the presence of contraband in their possession or under their control. Where warranted, the case may be referred to the appropriate law enforcement authority for criminal prosecution.

N.J. Admin. Code § 10A:3-6.8

Recodified from 10A:3-6.9 and amended by R.1997 d.41, effective 1/21/1997.
See: 28 N.J.R. 4840(a), 29 N.J.R. 356(a).
In (a)2 and (b), substituted "correctional facility Internal Affairs Unit" for "appropriate police agency"; and in (c), inserted "to the appropriate law enforcement authority". Former rule recodified to N.J.A.C. 10A:3-6.7.
Administrative change.
See: 32 N.J.R. 303(a).
Amended by R.2002 d.171, effective 6/3/2002.
See: 34 N.J.R. 962(a), 34 N.J.R. 1908(a).
In (a), substituted "Administrator or designee" for "Superintendent or his or her designee" in the introductory paragraph and rewrote 1; in (c), substituted "Administrator" for "Superintendent".
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 paragraph of (a), substituted "grounds" for "ground"; in (a)2 and (b), substituted "is" for "shall be"; and in (c), substituted "due to" for "because of".