N.J. Admin. Code § 10A:3-5.7

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

Section 10A:3-5.7 - Strip searches

(a) A strip search shall be conducted while the inmate is unclothed. A strip search includes a thorough and systematic examination of the inmate's body and orifices, including visual inspection of external genital and anal areas, as well as the inmate's clothing and all personal possessions.

(b) A strip search of an inmate(s) may be conducted in any of the following circumstances:

1. After a contact visit;

2. Before an inmate enters or leaves the facility's main building, whether to go to a destination in the outside community or to a minimum security camp or farm area;

3. Prior to the departure of the inmate from any area where the inmate has had access to dangerous or valuable items;

4. Upon entering or leaving any close custody unit;

5. During housing unit/wing searches;

6. Before placement of an inmate under constant observation or suicide watch; or

7. When a custody staff member with a rank of Sergeant or above is satisfied that there is a reasonable suspicion that an inmate is carrying or concealing contraband on his or her person, or in the inmate's anal or vaginal cavity.

(c) A strip search shall be conducted:

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

2. In a professional and dignified manner, with maximum courtesy and respect for the inmate's person;

3. By the number of custody staff deemed reasonably necessary to provide security; and

4. By custody staff of the same gender as the inmate and may include a scanning/testing device operator(s) of the same gender as the inmate except as set forth in (d) below.

(d) Strip searches of inmates may be conducted by custody staff and a scanning/testing device operator(s) of the opposite gender under emergent conditions as ordered by the Administrator, Associate Administrator, Assistant Superintendent or the highest ranking custody supervisor on duty.

(e) In emergent circumstances, strip searches may be observed by persons, such as, but not limited to, the on-call Corrections Ombudsperson, a Special Investigations Division Investigator(s), or Special Operations Group (SOG) Unit members required to be present who are not conducting the search and who may be of the opposite gender to help ensure:

1. The secure and orderly operation of the procedure;

2. The accurate recordkeeping regarding the emergent circumstances and incident; and

3. That the strip search is conducted in a professional and dignified manner, with maximum courtesy and respect for the inmate's person.

(f) Under no circumstances shall invasive body cavity searches be conducted in accordance with this section. Body cavity searches shall be conducted pursuant to 10A:3-5.8.

N.J. Admin. Code § 10A:3-5.7

Amended by R.1988 d.406, effective 9/6/1988.
See: 20 N.J.R. 1331(a), 20 N.J.R. 2294(a).
Changed frisk to pat and added (g).
Amended by R.1994 d.374, effective 7/18/1994.
See: 26 N.J.R. 1937(b), 26 N.J.R. 2903(a).
Amended by R.1997 d.41, effective 1/21/1997.
See: 28 N.J.R. 4840(a), 29 N.J.R. 356(a).
Inserted (b)6; deleted (c), relating to administrative segregation, prehearing detention, Management Control Units, South Hall, and other closed custody units; deleted (d)1 and (d)2 and recodified (d) as (a)7, (e) as (c) with substantial amendment, and (g) as (d); and deleted (f), prohibiting searches as punishment or discipline.
Amended by R.1997 d.324, effective 8/4/1997.
See: 29 N.J.R. 2231(a) 29 N.J.R. 3451(a).
In (d), added ", Assistant Superintendent or the highest ranking custody supervisor on duty"; added (e); and recodified the former last sentence of (d) as (f) and amended.
Amended by R.1998 d.263, effective 5/18/1998.
See: 30 N.J.R. 966(a), 30 N.J.R. 1811(a).
Rewrote (c); and in (d), substituted "custody staff" for "officers".
Administrative change.
See: 32 N.J.R. 303(a).
Amended by R.2001 d.197, effective 6/18/2001.
See: 32 N.J.R. 2637(a), 33 N.J.R. 2082(a).
In (b), inserted "of an inmate(s)" in the introductory paragraph and in 7 substituted "a custody staff member" for "an officer"; in (c), rewrote 4; rewrote (d); in (e), substituted "gender" for "sex".
Amended by R.2002 d.171, effective 6/3/2002.
See: 34 N.J.R. 962(a), 34 N.J.R. 1908(a).
In (e) substituted "a Special Investigations Division" for "an Internal Affairs" and inserted "Special Operations Group" following "Investigator(s) or".
Petition for Rulemaking.
See: 35 N.J.R. 5312(a).
Amended by R.2007 d.294, effective 9/17/2007.
See: 39 N.J.R. 2191(a), 39 N.J.R. 3936(b).
In the introductory paragraph of (b), substituted "A strip search" for "Strip searches"; in (b)6, substituted "constant" for "psychological"; and in (b)7, substituted "reasonable suspicion " for "clear indication".
Amended by R.2012 d.038, effective 2/21/2012.
See: 43 N.J.R. 2718(a), 44 N.J.R. 504(a).
In the introductory paragraph of (e), substituted "Corrections Ombudsperson" for "Ombudsman", and inserted a comma following "Investigators(s)"; and in (e)2, inserted "and" at the end.