N.J. Admin. Code § 3A:53-4.16

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

Section 3A:53-4.16 - Search and seizure requirements for shelter facilities and shelter homes

(a) Shelter facilities and shelter homes may conduct searches for weapons or contraband, provided that they maintain on file in the shelter facility or shelter home written policies and procedures that are consistent with the requirements of this chapter.

1. The shelter facility or shelter home shall define contraband to include illegal drugs, unauthorized property, stolen property, or items otherwise obtained illegally.

2. The shelter facility or shelter home shall explain the policy and distribute copies of the written policy to children and their parents upon admission.

3. The shelter facility or shelter home shall specify the actions that it will take when weapons or contraband are found.

(b) Search procedure for a weapon(s):

1. A shelter facility staff member or shelter home parent shall be permitted to frisk search (surface search of outer clothing) a child only when there is reasonable suspicion that the child is in possession of a weapon(s).

2. A shelter facility staff member or shelter home parent shall be prohibited from reaching into a child's pockets unless the frisk search indicates that there is reasonable belief that the child is in possession of a weapon(s).

3. The shelter facility or shelter home shall complete and keep on file an incident/accident report for every incident involving the frisk searching of a child.

(c) Search procedure for illegal drugs or contraband:

1. A shelter facility staff member or shelter home parent shall be prohibited from frisk searching a child who is suspected of possessing illegal drugs or contraband.

2. A shelter facility staff member or shelter home parent who has reasonable suspicion that a child is in possession of illegal drugs or contraband shall request that the child voluntarily empty a garment pocket(s), a bag, a purse, or other such items within a child's possession or control. If the child complies with the request, the shelter facility staff member or shelter home parent shall inspect all items that are in plain view while in the presence of a second staff member or shelter home parent. The staff member or shelter home parent shall be prohibited from conducting an exploratory search of another garment pocket(s) or other compartment(s) of a bag or a purse without the voluntary permission of the child.

3. If a child refuses a voluntary request to empty a garment pocket(s), a bag, a purse, or other such item, the shelter facility staff member or shelter home parent shall summon a law enforcement officer to conduct a lawful search of the child.

(d) A shelter facility staff member or shelter home parent shall be prohibited from strip searching a child for any reason.

(e) If a shelter facility or shelter home has reasonable suspicion that a child's room or other possessions not within a child's immediate possession or control, contain contraband, stolen property, or weapons, the shelter facility staff or shelter home parent may conduct an unannounced search if:

1. The shelter facility staff or shelter home parent explains and documents this practice to the child and his or her parents;

2. The search is conducted in the presence of two staff members or shelter home parents, one of whom has supervisory or administrative responsibility; and

3. The shelter facility or shelter home shall allow the child, if the child is present in the shelter at the time of a search, an opportunity to observe the search. If the child declines the opportunity, the staff members may conduct the search in the child's absence.

(f) When unannounced room searches occur, pursuant to (e) above, the shelter facility or shelter home shall verify which child is responsible for any weapon or contraband brought into the shelter facility before imposing a disciplinary action or sanction on the child.

N.J. Admin. Code § 3A:53-4.16

Recodified from 10:124-4.15 and amended by R.2016 d.033, effective 4/18/2016.
See: 47 N.J.R. 2613(a), 47 N.J.R. 2695(a), 48 N.J.R. 649(a).
Section was "Search and seizure requirements for shelter facilities". Rewrote the section.