N.J. Admin. Code § 10A:72-4.6

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

Section 10A:72-4.6 - Deadly force; when authorized

(a) The parole officer may use deadly force against persons when the parole officer reasonably believes that a lesser degree of force will be ineffective, and the person(s) presents an imminent threat of deadly force or serious bodily harm to the parole officer or a third party.

(b) Deadly force may be used in the following situations under limitations consistent with the provisions of the New Jersey Code of Criminal Justice, N.J.S.A. 2C:1-1 et seq.:

1. When the parole officer reasonably believes that deadly force is imminently necessary to protect himself or herself against the use of unlawful force which the parole officer believes may result in death or serious bodily harm;

2. When the parole officer reasonably believes that deadly force is imminently necessary to protect another against the use of unlawful force which the parole officer believes may result in death or serious bodily harm. However, deadly force is not justifiable if the parole officer can otherwise secure the complete safety of the protected person;

3. When the parole officer reasonably believes that deadly force is immediately necessary to prevent or stop the suspect from committing or continuing a criminal offense which would endanger human life or inflict serious bodily harm upon another person unless the commission or the consummation of the crime is prevented;

4. When the parole officer is authorized to use deadly force to effect an arrest or to prevent the escape of a fleeing suspect if the parole officer has probable cause to believe that the suspect will pose an immediate threat of death or serious bodily harm to human life should the parole officer not take immediate action; and

5. Where the parole officer reasonably believes that deadly force is immediately necessary to prevent the escape of a person committed to a correctional facility for the detention of persons charged with, or convicted of an offense, provided that the parole officer reasonably believes that the force employed creates no substantial risk of injury to innocent persons.

(c) Deadly force includes, but is not limited to, the use of hand guns and other lethal weapons.

(d) Where feasible, before using a firearm, the parole officer shall attempt to identify himself or herself as an officer and state his or her intent to shoot. Warning shots are not authorized.

(e) The parole officer shall not fire his or her firearm from, or at, a moving vehicle, nor engage in any vehicle contact action such as ramming, except as a last resort to prevent imminent death or serious injury to the parole officer or another person where deadly force would otherwise be justified.

(f) The parole officer shall not discharge a firearm if there is a substantial risk of injury to innocent persons.

(g) Whenever feasible, the parole officer shall contact the local law enforcement authorities and district parole office to request assistance before engaging in any use of force that reasonably could result in serious bodily injury.

N.J. Admin. Code § 10A:72-4.6

Amended by R.2004 d.446, effective 12/6/2004.
See: 36 New Jersey Register 2136(a), 36 New Jersey Register 5359(a).
Deleted (a); recodified former (b) to (h) as (a) to (g).