N.J. Admin. Code § 10A:34-3.6

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

Section 10A:34-3.6 - Body cavity searches of a person(s) who has been detained or arrested for commission of an offense other than a crime

(a) A person who has been detained or arrested for the commission of an offense other than a crime shall not be subject to a body cavity search unless:

1. The search is authorized by a warrant or valid documented consent; or

2. The custody staff supervisor in charge authorizes the transfer of the person to an adult county correctional facility; the person is lawfully confined in an adult county correctional facility; the search is based on a reasonable suspicion that a weapon, controlled dangerous substance, contraband or evidence of a crime will be found; and the person authorized to conduct the body cavity search has obtained the authorization of the custody staff supervisor in charge.

(b) When the search is authorized in accordance with (a) above, the person shall be escorted immediately to the medical unit or hospital used by the facility and the body cavity search of the person who has been detained or arrested for commission of an offense other than a crime shall be conducted:

1. Under sanitary conditions;

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

3. By a licensed medical professional who must be of the same gender as the detained or arrested person;

4. In the presence of only those custody staff members deemed reasonably necessary by the custody staff supervisor in charge for security, who are of the same gender as the detained or arrested person; and

5. In a professional and dignified manner, with the maximum courtesy and respect for the person.

(c) The person who has been detained or arrested for the commission of an offense other than a crime may:

1. Remove the object in the presence of the licensed medical professional and a custody staff member of the same gender as the person; or

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

(d) In the event it is determined that a foreign object, which contains metal is present in the body cavity of the person who has been detained or arrested for the commission of an offense other than a crime, such object may be removed only by the licensed medical professional in a medically accepted manner and environment, with or without the use of force if the custody staff supervisor in charge has authorized a body cavity search based on a duly authorized search warrant or a valid documented consent of the person involved.

(e) In the event the custody staff supervisor in charge or the licensed medical professional has determined that nonmetal contraband is being concealed in the body cavity of the person who has been detained or arrested for the commission of an offense other than a crime, and police are not able to obtain a search warrant for the search, and that person refuses to permit contraband removal, the person may be placed in isolation. During isolation, that person 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.

(f) The person authorized to conduct a body cavity search shall file a written report to be made a part of the record of the detained or arrested person in accordance with 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 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. The reason for use of force, if necessary; and

6. Any supporting documentation consisting of the warrant or consent when such documentation is the basis for 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:34-3.6

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:34-2.19, "Suicide prevention and control", recodified to 10A:34-2.23.
Recodified from 10A:34-2.19 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:34-2.17.
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 (b)4 and (c)1, substituted "gender" for "sex" following "same".
Recodified from N.J.A.C. 10A:34-2.18 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).
In the introductory paragraph of (a), substituted "A" for "The"; in (a)1, inserted "valid documented" and substituted "or" for "and" at the end; rewrote (a)2 and the introductory paragraph of (b); in (b)3, (c)2 and (e), substituted "licensed medical professional" for "physician or a registered nurse"; in (b)3, (b)4, (c)1, substituted "sex" for "gender"; in (b)3, deleted "and" from the end; in (b)4, inserted "members" and "reasonably", and substituted "supervisor" for "member" and "; and" for a period at the end; added (b)5; in (c)1, substituted "licensed medical professional" for "physician or registered nurse,"; in (c)2, inserted "in a medically accepted manner and environment"; in (d), substituted "licensed medical professional in a medically accepted manner and environment," for "physician" and "supervisor" for "member", and inserted "documented"; in (e), substituted "supervisor" for "member" and "or" for a comma following "charge" and inserted "shall be treated in a medically accepted manner and environment as deemed necessary by the licensed medical professional and"; and added (f) and (g).

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