N.J. Admin. Code § 10A:3-9.3

Current through Register Vol. 56, No. 19, October 7, 2024

Section 10A:3-9.3 - Transport of medium, maximum or close custody status inmates

(a) State-owned vehicles used to escort medium, maximum or close custody status inmates shall be equipped with protective screening devices to separate inmates from the driver. Opening devices on the inner rear doors and windows of passenger sedans shall be made inoperable.

(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 status inmates shall be in accordance with written correctional facility or Central Medical/Transportation or Interstate Escort Unit internal management procedures.

(c) Vans or buses shall be used to transport groups of inmates. Those vehicles used to transport groups of medium, maximum or close custody status inmates 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 inmates;

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

4. Transportation custody staff member(s) 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 with all related Federal, State and local fire codes.

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

(e) Custody staff members escorting inmates shall be provided the necessary mechanical restraints by Central Medical/Transportation, the Interstate Escort Unit or the correctional facility as appropriate.

1. The use of mechanical restraints shall be governed by N.J.A.C. 10A:3-3.

2. FAA regulations and individual airline rules govern the use of mechanical restraints during aircraft flight.

(f) Upon arrival at a courthouse, leg restraints shall not be removed until the inmate 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 inmate.

(g) Custody staff members escorting medium, maximum or close custody status inmates shall always be armed with State issued weapons and ammunition. Any use of deadly force shall be governed by N.J.A.C. 10A:3-4.

(h) When escorting medium, maximum or close custody status inmates, the ratio of escorting custody staff members to inmates shall be two custody staff members to transport from one to five inmates unless security issues, such as, but not limited to, an inmate'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 status inmates, the appropriate Unit Supervisor, sending correctional facility Administrator 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 Central Medical/Transportation, the Interstate Escort Unit, and each correctional facility regarding the security and staffing arrangements required when transporting inmates.

(k) When transporting inmates outside of a correctional facility, at least one custody staff member shall be of the same gender as the inmate(s) 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 status inmates. Such escort custody staff members shall have been fully trained in the following areas:

1. Use of weapons and restraint equipment;

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

3. Any other activities required to successfully complete a transportation assignment.

(m) An inmate shall be strip searched by the escorting custody staff member(s) prior to the trip and at any time after the inmate has been out of their sight. Strip searching upon return to the correctional facility/unit or delivery to the receiving correctional facility/unit is the responsibility of that correctional facility/unit. See N.J.A.C. 10A:3-5.

(n) The strip search of an inmate(s), as part of the transportation process, shall be conducted in compliance with the provisions of N.J.A.C. 10A:3-5.

N.J. Admin. Code § 10A:3-9.3

Amended by R.1990 d.536, effective 11/5/1990.
See: 22 N.J.R. 2223(a), 22 N.J.R. 3379(a).
Specified at least one same sex officer must be present for transportation and new ( l) specified strip search rule compliance.
Amended by R.1997 d.41, effective 1/21/1997.
See: 28 N.J.R. 4840(a), 29 N.J.R. 356(a).
Substantially amended section.
Amended by R.1998 d.365, effective 7/20/1998.
See: 30 N.J.R. 1368(a), 30 N.J.R. 2618(c).
In (h), deleted "in a vehicle" following "five inmates"; inserted a new (i); recodified former (i) through (m) as (j) through (n); and in (j), inserted "the Interstate Escort Unit" after "Central Medical/Transportation".
Amended by R.2002 d.171, effective 6/3/2002.
See: 34 N.J.R. 962(a), 34 N.J.R. 1908(a).
In (i), substituted "Administrator" for "Superintendent" following "facility"; in (j), inserted "internal management" preceding "procedures"; in (k), substituted "gender" for "sex" following "same"; and substituted "custody staff members" for "officers" throughout.
Amended by R.2007 d.294, effective 9/17/2007.
See: 39 N.J.R. 2191(a), 39 N.J.R. 3936(b).
Section was "Transport of medium, maximum or close custody inmates". Inserted "status" throughout; in (a), deleted the last sentence; in (b), deleted the comma preceding "Central"; in the introductory paragraph of (e), inserted "the necessary mechanical restraints" and deleted ", with necessary mechanical restraints" from the end; in (e)2, substituted "during" for "while in"; and in (g), updated the N.J.A.C. reference.
Amended by R.2010 d.276, effective 12/6/2010.
See: 42 N.J.R. 1841(a), 42 N.J.R. 2959(b).
In (c)5, substituted "portable" for "ten pound" and inserted "that conforms with all related Federal, State and local fire codes".