N.J. Admin. Code § 10A:31-8.5

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

Section 10A:31-8.5 - Strip searches of a person(s) who is lawfully confined for commission of a crime

(a) A person lawfully confined for commission of a crime shall be strip searched in any of the following circumstances:

1. The custody staff supervisor in charge authorizes confinement in an adult county correctional facility; and

2. The custody staff member authorized to conduct the strip search obtains the authorization of the custody staff supervisor in charge and one of the following exists:

i. A search warrant or valid documented consent; or

ii. A reasonable suspicion that an inmate is concealing a weapon, controlled dangerous substance, contraband or evidence of a crime.

(b) In addition to (a) above, upon the authorization of the custody staff supervisor in charge, a strip search may be conducted in any of the following circumstances:

1. When a reasonable suspicion exists that an inmate may have had access to a weapon, controlled dangerous substance or contraband before the inmate enters the facility after being permitted to leave for any reason and the custody staff member obtains the authorization of the custody staff supervisor in charge to conduct the search;

2. Before placement of an inmate into:

i. Prehearing Detention;

ii. Disciplinary Detention; or

iii. Protective Custody.

3. Before placement of an inmate under a psychological observation or suicide watch; and

4. After a contact visit.

(c) A strip search shall include a check for:

1. Body vermin;

2. Cuts;

3. Bruises;

4. Needle scars; and

5. Other injuries, where appropriate.

(d) A strip search shall be conducted:

1. At a location where the search cannot be observed by unauthorized persons;

2. By a custody staff member(s) of the same sex as the inmate except as set forth in (e) below;

3. By the number of custody staff members deemed reasonably necessary to provide security;

4. Under sanitary conditions; and

5. In a professional and dignified manner.

(e) Strip searches may be conducted by custody staff members of the opposite gender under emergency conditions as ordered by the adult county correctional facility Administrator.

(f) No inmate shall be searched as punishment or discipline.

(g) For all strip searches conducted in accordance with this section, the custody staff member authorized to conduct a strip search shall file a written report to be made a part of the record of the inmate as set forth in this section. The report shall be reviewed by the supervisor who authorized the search when such authorization is required. The report shall be filed in accordance with internal management procedures. The report shall include, but not be limited to, the following information:

1. A statement of facts indicating any reasonable suspicion that is the basis for the search;

2. A statement of the emergent conditions requiring the presence of a custody staff member of the opposite sex when such conditions existed;

3. The name of the custody staff supervisor in charge who authorized the search;

4. The name(s) of the custody staff member(s) present during the search and the reason for custody staff presence;

5. The name(s) of the custody staff member(s) conducting the search; and

6. An inventory of the items(s) found during the search.

(h) Reports required pursuant to this section shall not be deemed public records; however, upon request, such reports shall be made available to:

1. The New Jersey Department of Corrections Commissioner, or designee;

2. The adult county correctional facility Administrator;

3. The Attorney General;

4. The county prosecutor; and/or

5. The inmate searched.

N.J. Admin. Code § 10A:31-8.5

Amended by 49 N.J.R. 3751(a), effective 12/4/2017