N.J. Admin. Code § 10A:34-3.7

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

Section 10A:34-3.7 - Body cavity searches of a person(s) lawfully confined for the commission of a crime

(a) Under no circumstances may a body cavity search be conducted on a person who is lawfully confined in a municipal detention facility 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 lawfully confined person shall be escorted immediately to the medical unit or hospital used by the municipal detention facility and removal of contraband shall be conducted:

1. By a licensed medical professional of either gender;

2. Under sanitary conditions;

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

4. In the presence of only the custody staff member(s) deemed reasonably necessary by the custody staff supervisor in charge for security, who are of the same gender as the person; and

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

(c) The lawfully confined person may:

1. Remove the object in the presence of the licensed medical professional and a custody staff member(s) 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) 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.

(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 lawfully confined person, and police are not able to obtain a search warrant for the body cavity search, and the 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) A written report of the results of a body cavity search shall be made a part of the record of the person 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.

(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:34-3.7

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:34-2.20, "Reporting deaths", recodified to 10A:34-2.24.
Recodified from 10A:34-2.20 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:34-2.18.
Amended by R.2002 d.206, effective 7/1/2002.
See: 34 N.J.R. 1307(a), 34 N.J.R. 2312(b).
Substituted "custody staff member" for "officer" throughout; in (b)1, substituted "gender" for "sex" throughout.
Recodified from N.J.A.C. 10A:34-2.19 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 "Body cavity searches of a person(s) lawfully confined in a municipal detention facility who is charged with committing a crime". Rewrote the section.

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