N.J. Admin. Code § 10A:3-3.6

Current through Register Vol. 56, No. 24, December 18, 2024

Section 10A:3-3.6 - Use of force while off-duty

(a) Although N.J.S.A. 2A:154-4 authorizes peace officers to exercise law enforcement powers, custody staff members are not required to exercise those powers or to carry firearms during off-duty hours.

(b) Custody staff members, while off-duty, should use extreme caution to determine when and under what circumstances to become involved with day-to-day law enforcement duties that are under the jurisdiction of Federal, State or local law enforcement agencies. As an example, when a custody staff member observes what he or she believes to be a violation of the law, he or she should take note of the vehicle description, license plate numbers and letters, identifying characteristics of persons involved and other relevant information, and report such information to the local law enforcement agency having jurisdiction and to the Central Communications Unit, New Jersey Department of Corrections. Custody staff should avoid stopping or detaining vehicles or persons.

(c) The utmost discretion shall be exercised by the custody staff member to determine when and under what conditions to use force. Whenever he or she believes that possible criminal action is taking place and that a reasonable alternative to use of force exists, the custody staff member must take the action which is calculated to be least dangerous or harmful to persons or property.

(d) A custody staff member shall be deemed to have acted within the scope of his or her employment or in the law enforcement interest of the State of New Jersey if he or she exercises police powers in accordance with the provisions of this subchapter and post orders promulgated in connection therewith.

N.J. Admin. Code § 10A:3-3.6

Recodified from 10A:3-4.6 and amended by R.1997 d.41, effective 1/21/1997.
See: 28 N.J.R. 4840(a), 29 N.J.R. 356(a).
Former rule recodified to N.J.A.C. 10A:3-4.8.
Recodified from N.J.A.C. 10A:3-4.7 and amended by R.2002 d. 171, effective 6/3/2002.
See: 34 N.J.R. 962(a), 34 N.J.R. 1908(a).
Rewrote section. Former N.J.A.C. 10A:3-3.6, Deadly force; when justified, recodified to N.J.A.C. 10A:3-3.4.
Amended by R.2007 d.294, effective 9/17/2007.
See: 39 N.J.R. 2191(a), 39 N.J.R. 3936(b).
In (b), substituted "use extreme caution to determine when and under what circumstances" for "not", "day-to-day" for "routine" and "As an example, when" for "When", and inserted "Federal, State or" and "and letters".