N.J. Admin. Code § 10A:18-6.14

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

Section 10A:18-6.14 - Search of visitors

(a) Signs written in English and Spanish shall be posted in both the visiting area and visiting entrances stating that, as a condition of visitation, all visitors, their belongings and vehicles are subject to search(es) while on the premises of the Department of Corrections.

(b) All visitors entering the premises of a facility under the jurisdiction of the Department of Corrections shall be required to submit to a search(es), such as, but not limited to, a passive canine, scanning/testing device and pat search.

(c) If a visitor refuses to submit to a search, and there is no reasonable suspicion that the visitor is in possession of contraband, the visitor shall be directed to immediately leave the premises of the facility under the jurisdiction of the Department of Corrections. No visit shall be permitted, the visitor shall be banned from visiting an inmate(s) committed to the custody of the Department of Corrections for 60 calendar days and the visitor shall be required to reapply in writing to the Administrator for approval/disapproval of the reinstatement of visit privileges.

(d) A male or female custody staff member(s) or scanning/testing device operator(s) may be assigned to conduct scanning/testing device searches of visitors regardless of the gender of the visitors as long as no physical contact is required. A custody staff member of the same gender shall be assigned to conduct searches of visitors that require physical contact, such as, but not limited to, pat searches.

(e) In the event that a custody staff member with the rank of Sergeant or above receives information sufficient to form reasonable suspicion that a visitor is carrying contraband, or when contraband has been detected or indicated on a visitor, the visitor shall be pat searched. If contraband is discovered during the pat search of the visitor, the visitor shall be detained and the Special Investigations Division Investigator shall be contacted.

(f) In the event a correctional facility staff member receives information, which leads the staff member to believe that a visitor will be concealing contraband on his or her person, the Administrator or designee shall be contacted immediately. The Administrator or designee shall contact the chief or designee of the Special Investigations Division who shall then contact the appropriate office of the county prosecutor having jurisdiction. Upon issuance of an appropriately executed search warrant, a Special Investigation Division Investigator shall be present at the correctional facility before and during the conducting of the strip search.

(g) An approved strip search shall be conducted in private by a custody staff member(s) of the same gender as the visitor. No member of the opposite gender of the visitor shall be present in the room during the approved strip search.

(h) All contraband discovered during the search of a visitor shall be confiscated by the custody staff member performing the search, and a written report shall be submitted to the Administrator.

(i) The written report shall specify:

1. The name of the custody staff member who performed the search;

2. The name of the inmate who was to receive the visit;

3. The name and address of the visitor who was searched;

4. The time of the search;

5. The type of search and scanning/testing device used, if any, and the results if any;

6. The description of the items confiscated; and

7. The specific reason for confiscating the items.

(j) All contraband and evidence seized shall be turned over to the Special Investigations Division Investigator.

(k) If a controlled dangerous substance is discovered on, in the possession of, or in the vehicle of a visitor(s) who is on the premises of a facility under the jurisdiction of the Department of Corrections:

1. The Special Investigations Division shall immediately be contacted;

2. The visitor(s) shall be detained;

3. The visitor(s) shall be subject to search and arrest;

4. No visit shall be permitted; and

5. The visitor(s) shall be permanently banned from visiting an inmate(s) committed to the custody of the Department of Corrections.

(l) The Administrator shall decide whether the visitor shall continue to have visitation privileges except as established in (k) above and in the case of a termination of contact visits sanction as established in N.J.A.C. 10A:4-5.1(c).

(m) All searches shall be conducted in a professional and dignified manner, with maximum courtesy and respect for the visitor's person.

N.J. Admin. Code § 10A:18-6.14

Amended by R.1995 d.526, effective 9/18/1995.
See: 27 N.J.R. 2675(b), 27 N.J.R. 3613(b).
Administrative Correction.
See: 27 N.J.R. 3957(b).
Amended by R.1997 d.431, effective 10/6/1997.
See: 29 N.J.R. 2769(a), 29 N.J.R. 4311(c).
In (b), search by scanning device made mandatory; and in (g), reference to pat search deleted.
Amended by R.1998 d.526, effective 11/2/1998.
See: 30 N.J.R. 2810(a), 30 N.J.R. 3965(a).
In (k), added an exception at the end.
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).
Rewrote the section.
Amended by R.2006 d.398, effective 11/20/2006.
See: 38 N.J.R. 3121(a), 38 N.J.R. 4867(a).
In ( l), updated the N.J.A.C. reference.
Amended by R.2008 d.141, effective 6/2/2008.
See: 39 N.J.R. 5043(a), 40 N.J.R. 3309(a).
In (c), inserted "calendar"; and rewrote (f).
Administrative correction.
See: 42 N.J.R. 1732(b).