N.J. Admin. Code § 13:95-20.15

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

Section 13:95-20.15 - Search of visitors

(a) Signs written in English and Spanish shall be posted in both the visiting area and visiting entrances stating that, as a condition of visitation, all visitors, their belongings and vehicles are subject to search while on the premises of a secure facility.

(b) All visitors entering the premises of a secure facility shall be required to submit to a search, which may include a passive canine, scanning/testing device and pat search.

(c) If a visitor refuses to submit to a search, and there is no reasonable suspicion that the visitor is in possession of contraband, the visitor shall be directed to immediately leave the premises of the secure facility. No visit shall be permitted, the visitor shall be banned from visiting any juvenile committed to the custody of the Commission for 60 days and the visitor shall be required to reapply in writing to the Superintendent for approval/disapproval of the reinstatement of visit privileges.

(d) Male or female custody staff members or scanning/testing device operators may be assigned to conduct scanning/testing device searches of visitors regardless of the gender of the visitors as long as no physical contact is required. A custody staff member of the same gender shall be assigned to conduct searches of visitors that require physical contact, including, but not limited to, pat searches.

(e) If a custody staff member or other staff receives information sufficient to form a reasonable suspicion that a visitor is carrying contraband, or when contraband has been detected or indicated on a visitor, a custody staff member with the rank of Sergeant or above shall be notified immediately. In the event the reasonable suspicion is confirmed, and in all cases when contraband has been detected or indicated on a visitor, the visitor shall be pat searched. In addition, if possession of the contraband would constitute a crime, the visitor shall be detained. In all cases under this subsection, the Superintendent or designee shall be notified, and the Office of Investigations shall be contacted.

(f) All contraband discovered during the search of a visitor shall be confiscated by the custody staff member performing the search, and a written report shall be submitted to the Superintendent.

(g) The written report shall specify:

1. The name of the custody staff member who performed the search;

2. The name of the juvenile who was to receive the visit;

3. The name and address of the visitor who was searched;

4. The time of the search;

5. The type of search and scanning/testing device used, if any, and the results if any;

6. The description of the items confiscated; and

7. The specific reason for confiscating the items.

(h) All contraband and evidence seized shall be turned over to the Office of Investigations.

(i) If a controlled dangerous substance is discovered on, in the possession of, or in the vehicle of a visitor who is on the premises of a secure facility:

1. The Office of Investigations shall immediately be contacted;

2. The visitor shall be detained;

3. The visitor shall be subject to search and arrest;

4. No visit shall be permitted; and

5. The visitor shall be permanently banned from visiting any juvenile committed to the custody of the Commission.

(j) The Superintendent shall decide whether the visitor shall continue to have visitation privileges except as established in (i) above.

(k) All searches shall be conducted in a professional and dignified manner, with maximum courtesy and respect for the visitor's person.

N.J. Admin. Code § 13:95-20.15