N.J. Admin. Code § 10A:31-8.7

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

Section 10A:31-8.7 - Body cavity searches of an inmate(s) lawfully confined for the commission of a crime

(a) Under no circumstances may a body cavity search be conducted on an inmate who is lawfully confined in an adult county correctional facility unless:

1. The custody staff supervisor in charge authorizes the search and the search is authorized by a warrant or valid documented consent; or

2. The search is based on a reasonable suspicion that a weapon, controlled dangerous substance, contraband or evidence of a crime will be found in the body cavity of the inmate.

(b) When the search is authorized in accordance with (a) above, the inmate shall be escorted immediately to the medical unit or hospital used by the adult county correctional facility and the following procedure shall be followed for examination of the inmate and removal of contraband.

1. A body cavity search shall be conducted:

i. Under sanitary conditions;

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

iii. By a licensed medical professional of either sex;

iv. In the presence of only the custody staff member(s) deemed reasonably necessary for security, who are of the same sex as the inmate; and

v. Conducted in a professional and dignified manner, with maximum courtesy and respect for the inmate's person.

2. The inmate may:

i. Remove the object in the presence of the licensed medical professional and a custody staff member(s) of the same sex as the inmate; or

ii. Be examined by the licensed medical professional who may remove the object in a medically accepted manner and environment, without the use of force.

3. If the custody staff supervisor in charge authorizes a body cavity search in accordance with (a) above, the foreign object, which contains metal may be removed only by the licensed medical professional in a medically accepted manner and environment, with or without the use of force.

4. In the event the custody staff supervisor in charge or the licensed medical professional has determined that nonmetal contraband is being concealed in the inmate's body cavity, and the inmate refuses to permit contraband removal, the inmate shall receive appropriate disciplinary charges and may be placed in prehearing detention or medical isolation. During prehearing detention, medical isolation and disciplinary detention, if any, the inmate shall be treated in a medically accepted manner and environment as deemed necessary by the licensed medical professional and may be kept under visual surveillance to detect removal or elimination of the contraband.

(c) A written report of the results of a body cavity search shall be made a part of the record of the inmate and shall include, but not be limited to, the following information:

1. A statement of facts indicating any reasonable suspicion for the search and that the search was conducted in a medically accepted manner;

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

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

4. The name(s) of the licensed medical professional(s) conducting the search;

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

6. The reason for use of force, if necessary.

(d) 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:31-8.7

Recodified from 10A:31-8.5 and amended 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.2000 d.332, effective 8/7/2000.
See: 32 N.J.R. 1894(a), 32 N.J.R. 2945(a).
Substituted references to custody staff members for references to officers throughout.
Amended by R.2010 d.134, effective 7/6/2010.
See: 42 N.J.R. 34(a), 42 N.J.R. 1379(a).
Section was "Body cavity searches of an inmate(s) lawfully confined in an adult county correctional facility". Rewrote (a) through (c); and added (d).