N.J. Admin. Code § 13:95-3.3

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

Section 13:95-3.3 - Non-deadly force; when justified

(a) A custody staff member may use non-deadly force against persons only under the following circumstances:

1. To protect self or others against the use of unlawful force;

2. To protect self or others against death or serious bodily harm;

3. To prevent damage to property;

4. To prevent escape;

5. To prevent or quell a riot or disturbance;

6. To prevent a suicide or attempted suicide; or

7. To enforce secure facility regulations where expressly permitted by Commission regulations or in situations where a custody staff member with the rank of Sergeant or above believes that the juvenile's failure to comply constitutes an immediate threat to security of the secure facility or personal safety.

(b) Non-deadly force includes, but is not limited to, the use of the following:

1. "Physical force" which means contact with an individual beyond that which is generally utilized to effect a law enforcement objective. Physical force is employed when necessary to overcome an individual's physical resistance to the exertion of the custody staff member's authority, or to protect persons or property. Examples of physical force include, but are not limited to, wrestling a resisting individual to the ground, using wrist locks or arm locks, striking with the hands or feet, or other similar methods of hand-to-hand confrontation; and

2. "Mechanical force" which means the use of some device or substance, other than a firearm, to overcome an individual's resistance to the exertion of the custody staff member's authority. Examples of mechanical force include, but are not limited to, the use of a baton or other object, canine physical contact with an individual, or use of a chemical or natural agent spray.

(c) Chemical or natural agent spray shall be used when appropriate to avoid having to use deadly force, and for no other purpose.

N.J. Admin. Code § 13:95-3.3