N.J. Admin. Code § 13:95-9.3

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

Section 13:95-9.3 - Transport of medium, maximum or close custody juveniles

(a) State-owned vehicles used to transport medium, maximum or close custody juveniles shall be equipped with protective screening devices to separate juveniles from the driver. Opening devices on the inner rear doors and windows of passenger sedans shall be made inoperable. The rear door locking mechanism shall be modified so that it is redirected, making it accessible to the custody staff member only when the front door is open.

1. All vehicles used to transport juveniles shall be equipped with first aid kits and with bloodborne pathogen protection kits.

(b) The standard passenger sedan or van shall be used only in lieu of more secure but unavailable vehicles. Use of such vehicles to transport medium, maximum or close custody juveniles shall be in accordance with written secure facility internal management procedures.

(c) Vans or buses shall be used to transport groups of juveniles. Those vehicles used to transport groups of medium, maximum or close custody juveniles shall comply with the following:

1. Windows or small ports must be protected by security screens or metal bars;

2. Security screen barricades with gates and locks must be located between driver and juveniles;

3. A section of the rear of the bus must be screened off for baggage storage;

4. Transportation custody staff members must be seated with a clear view of the bus compartment; and

5. The vehicle must be equipped with one portable fire extinguisher (ABC Class) that conforms to all applicable Federal, State and local fire codes.

(d) Vehicles used to transport medium, maximum or close custody juveniles shall be thoroughly searched for contraband by the escorting custody staff members before being used.

(e) Custody staff members escorting juveniles shall be provided by the secure facility as appropriate, with necessary mechanical restraints.

1. The use of mechanical restraints shall be governed by the use of force rules found in N.J.A.C. 13:95-3.

2. Federal Aviation Administration regulations and individual airline rules govern the use of mechanical restraints while in aircraft flight.

(f) Upon arrival at a courthouse, leg restraints shall not be removed until the juvenile has been placed in a secure area of the facility. Restraint belts and handcuffs shall not be removed unless otherwise ordered by the court. Immediately at the conclusion of the hearing, handcuffs and restraint belts that were removed by order of the court shall be replaced on the juvenile.

(g) Custody staff members escorting medium, maximum or close custody juveniles shall always be armed with State issued weapons, ammunition and Commission approved chemical or natural agent spray. Any use of deadly force shall be governed by the use of force rules found in N.J.A.C. 13:95-3.

(h) When escorting medium, maximum or close custody juveniles, the ratio of escorting custody staff members to juveniles shall be two custody staff members to transport from one to five juveniles unless security issues, such as, but not limited to, a juvenile's propensity to acts of violence or escape, require a larger number of escorting custody staff members.

(i) When transporting groups of more than five medium, maximum or close custody juveniles, the appropriate shift supervisor, sending secure facility Superintendent or designee shall determine the number of escorting custody staff members based upon a careful review of staffing and security needs.

(j) Written internal management procedures shall be developed by each secure facility regarding the security and staffing arrangements required when transporting juveniles.

(k) When transporting juveniles outside of a secure facility, at least one custody staff member shall be of the same gender as the juvenile being escorted. Additional custody staff members may be assigned regardless of gender.

(l) Only properly trained escorting custody staff members may transport medium, maximum or close custody juveniles. Such escort custody staff members shall have been fully trained in the following areas:

1. Use of weapons, restraint equipment and chemical or natural agent spray;

2. Effective search for contraband of juveniles, their personal property and transportation vehicles,

3. The use of Commission supplied bloodborne pathogen protection kits; and

4. Any other activities required for successful completion of a transportation assignment.

(m) A juvenile shall be strip searched by escorting custody staff members prior to the trip and at any time after the juvenile has been out of their sight. Strip searching upon return to the secure facility or delivery to the receiving secure facility is the responsibility of that secure facility. See N.J.A.C. 13:95-5.

(n) The strip search of a juvenile, as part of the transportation process, shall be conducted in compliance with the provisions of N.J.A.C. 13:95-5.

N.J. Admin. Code § 13:95-9.3

Amended by R.2011 d.202, effective 8/1/2011.
See: 43 N.J.R. 158(a), 43 N.J.R. 1889(a).
In (c)5, substituted "portable" for "10-pound" and inserted "that conforms to all applicable Federal, State and local fire codes".