N.J. Admin. Code § 10A:31-8.17

Current through Register Vol. 56, No. 9, May 6, 2024

Section 10A:31-8.17 - Use of force

(a) Staff at all adult county correctional facilities shall promulgate written procedures governing the use of physical force.

(b) Custody staff are authorized to enforce adult county correctional facility rules and regulations. Means to enforce such rules and regulations include, but are not limited to:

1. "Constructive authority" which means authority that does not involve actual physical contact with the individual, but does involve the use of the authority of the custody staff member 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 that is necessary to effectively accomplish a legitimate law enforcement objective. Examples of physical contact include, but are not limited to, holding the arm of an individual during escort, handcuffing an individual, maneuvering or securing an individual for a search, and guiding the individual into a vehicle.

(c) 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.

(d) In any case that a custody staff member uses force to control an individual, the minimum force possible that is objectively reasonable under the totality of the circumstances shall be used, consistent with facility procedures.

(e) A custody staff member may use the amount of force reasonably necessary to accomplish the law enforcement objective. If the individual resists, the custody staff member may increase the degree of force as necessary to accomplish the law enforcement objective; however, as soon as the individual submits, the custody staff member shall reduce the degree of force used.

(f) Following the use of physical force, written reports shall be prepared and completed before the completion of the tour of duty by the custody staff members involved.

(g) In no case shall use of force be justified as a means of punishment or discipline.

(h) Custody staff members shall be prepared to justify the use of physical force.

N.J. Admin. Code § 10A:31-8.17

Recodified from 10A:31-8.15 by R.1994 d.484, effective 9/19/1994.
See: 26 N.J.R. 2841(a), 26 N.J.R. 3863(a).
Amended by R.1999 d.327, effective 9/20/1999.
See: 31 N.J.R. 1848(b), 31 N.J.R. 2754(a).
In (b), deleted a former 4, and recodified former 5 as 4; in (d), substituted a reference to custody staff members for a reference to correctional officers in the introductory paragraph, and substituted a reference to supervisory custody staff members for a reference to supervisory officers in 6; in (e), substituted a reference to custody staff members for a reference to correctional officers; and in (g), substituted a reference to custody staff members for a reference to custody personnel.
Amended by R.2000 d.332, effective 8/7/2000.
See: 32 N.J.R. 1894(a), 32 N.J.R. 2945(a).
In (b)2, inserted a reference to non-chemical agents.
Amended by R.2004 d.332, effective 9/7/2004.
See: 36 N.J.R. 2294(a), 36 N.J.R. 4146(b).
In (b)2, substituted "natural" for "non-chemical".
Amended by R.2006 d.59, effective 2/6/2006.
See: 37 N.J.R. 3201(a), 38 N.J.R. 995(a).
Rewrote the section.
Amended by R.2011 d.059, effective 2/22/2011.
See: 42 N.J.R. 2692(a), 43 N.J.R. 427(a).
In (a), substituted "Staff at all" for "All".