N.J. Admin. Code § 10A:3-3.5

Current through Register Vol. 56, No. 23, December 2, 2024

Section 10A:3-3.5 - Use of force against persons other than inmates; duties outside the correctional facility security perimeter

(a) While engaged in roving patrol or other duty outside the correctional facility security perimeter, appropriate force may be used against persons other than prison inmates when a custody staff member observes what he or she believes to be a violation of the law and when there is also imminent peril of bodily harm to any individual or destruction of property.

(b) Whenever possible, the custody staff member shall contact Central Control to request assistance before engaging in any use of force.

(c) In situations where a violation of law is suspected, but no imminent danger is present, the custody staff member shall immediately contact Central Control.

(d) Non-deadly force may be used upon or toward persons other than inmates only under the following circumstances:

1. To protect self or others against the use of unlawful force;

2. To protect self or others against death or serious bodily harm;

3. To thwart the commission of a crime involving or threatening bodily harm or damage to property;

4. To prevent a suicide or attempted suicide;

5. To prevent escape, or flight from arrest for a crime; and/or

6. To effect an arrest for any offense or crime.

(e) Deadly force may be used against persons other than inmates when the custody staff member reasonably believes that the person presents an imminent threat of death or serious bodily harm.

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

N.J. Admin. Code § 10A:3-3.5

Recodified from 10A:3-3.4 and amended by R.1997 d.41, effective 1/21/1997.
See: 28 New Jersey Register 4840(a), 29 New Jersey Register 356(a).
In (a), substituted "the correction officer believes" for "appears"; in (b), substituted "shall contact" for "should contact"; in (c), substituted "shall immediately contact" for "should immediately contact" and deleted reference to contacting local police; and added (d) through (f). Former rule recodified to N.J.A.C. 10A:3-3.10.
Recodified from N.J.A.C. 10A:3-3.7 and amended by R.2002 d. 171, effective 6/3/2002.
See: 34 New Jersey Register 962(a), 34 New Jersey Register 1908(a).
Substituted "custody staff member" for "correction officer" throughout. Former N.J.A.C. 10A:3-3.5, Non-deadly force, when justified, recodified to N.J.A.C. 10A:3-3.3.