N.J. Admin. Code § 10A:31-18.1

Current through Register Vol. 56, No. 21, November 4, 2024

Section 10A:31-18.1 - Admission to Protective Custody

(a) An inmate may be placed in Protective Custody only with the approval of the adult county correctional facility Administrator, or designee. The facility shall keep a written record of a request by an inmate to be placed in voluntary Protective Custody. The inmate may be placed in voluntary Protective Custody only with informed, voluntary consent and when there is reasonable cause to believe that confinement is necessary to prevent reasonably foreseeable harm. When an inmate makes an informed voluntary request for Protective Custody, the correctional facility shall bear the burden of establishing a basis for refusing the request. The facility Administrator shall place an inmate in a less restrictive intervention, including transfer to the general population of another institution, or to a special-purpose housing unit for inmates who face similar threats, before placing the inmate in isolated confinement for protection, unless the inmate poses a security risk so great that transferring the inmate would be insufficient to ensure the inmate's safety.

(b) An inmate placed in Protective Custody shall receive similar opportunities for activities, movement, and social interaction, consistent with their safety and the safety of others, as are available to inmates in the general population of the facility. (See N.J.S.A. 30:4-82.8.d(4)(c)).

Amended by R.2000 d.332, effective 8/7/2000.
See: 32 New Jersey Register 1894(a), 32 New Jersey Register 2945(a).
Changed "Jail" to "adult county correctional facility".

Amended by 53 N.J.R. 741(a), effective 5/3/2021