N.J. Admin. Code § 10A:34-3.5

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

Section 10A:34-3.5 - 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 when the custody staff supervisor in charge authorizes confinement in a municipal detention facility or transfer to an adult county correctional facility, 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:

1. A search warrant or valid documented consent; or

2. A reasonable suspicion that the person is concealing a weapon, controlled dangerous substance, contraband or evidence of a crime.

(b) A strip search may be conducted in any of the following circumstances:

1. When the custody staff supervisor in charge authorizes the search;

2. Before placement under psychological observation or suicide watch; or

3. After a contact visit.

(c) The authorized strip search of a person who has been confined in a municipal detention facility for the commission of a crime shall be conducted:

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

2. By a custody staff member of the same gender, except as set forth at (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.

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

1. Body vermin;

2. Cuts;

3. Bruises;

4. Needle scars; and

5. Other injuries, where appropriate.

(e) Under exigent circumstances, a strip search may be conducted by a custody staff member of the opposite gender and/or in the presence of only those custody staff members deemed reasonably necessary for security of the opposite gender, as ordered by the custody staff supervisor in charge.

(f) 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 person, as set forth in this section. The report shall be reviewed by the supervisor who authorized the search and 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 exigent circumstances requiring the presence of a custody staff member of the opposite gender;

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

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

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

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

(g) 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 municipal detention facility custody staff supervisor in charge;

3. The Attorney General;

4. The county prosecutor; and/or

5. The person searched.

N.J. Admin. Code § 10A:34-3.5

New Rule, R.1996 d.405, effective 8/19/1996.
See: 28 N.J.R. 3050(a), 28 N.J.R. 3960(a).
Former N.J.A.C. 10A:34-2.18, "Housing of detainees", recodified to 10A:34-2.22.
Recodified from 10A:34-2.18 by R.1997 d.129, effective 3/17/1997 (operative April 6, 1997).
See: 29 N.J.R. 298(a), 29 N.J.R. 886(a).
Former section recodified to N.J.A.C. 10A:34-2.16.
Amended by R.1998 d.263, effective 5/18/1998.
See: 30 N.J.R. 966(a), 30 N.J.R. 1811(a).
Rewrote (c).
Amended by R.2002 d.206, effective 7/1/2002.
See: 34 N.J.R. 1307(a), 34 N.J.R. 2312(b).
Substituted references to custody staff for officer throughout; in (c) and (e), substituted "gender" for "sex" throughout; in (c)3, substituted "custody staff" for "law enforcement" preceding "deemed".
Recodified from N.J.A.C. 10A:34-2.17 by R.2007 d.225, effective 8/6/2007.
See: 39 N.J.R. 1394(a), 39 N.J.R. 3384(a).
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 "Strip searches of a person(s) lawfully confined in a municipal detention facility who is charged with committing a crime". Rewrote the introductory paragraph of (a); added (a)1 and (a)2; rewrote (b); in (c)2 and (e), substituted "custody staff member" for "person" and "sex" for "gender" throughout; in (c)2, deleted "and" from the end; in (c)3, inserted "members" and substituted a semicolon for a period at the end; added (c)4 and (c)5; in (e), inserted "members" preceding and "reasonably" following "deemed" and substituted "supervisor" for "member" preceding "in charge"; and added (f) and (g).

Amended by 54 N.J.R. 626(a), effective 4/4/2022