N.J. Admin. Code § 10A:3-5.5

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

Section 10A:3-5.5 - Use of scanning/testing devices

(a) Searches of inmates, areas, and objects by the use of scanning/testing devices may be done routinely and randomly, where necessary for security purposes. This may be, but is not limited to, a walk-through device or a handheld device that is passed over the fully clothed body of the inmate. A scanning/testing device may also be utilized in conjunction with a strip search or body cavity search.

(b) Scanning/testing device searches of inmates may be conducted by male or female custody staff members or scanning/testing device operators subject to the limitations set forth in 10A:3-5.7 and 5.8.

(c) Body imaging scanning equipment may be utilized for the purpose of searching inmates. The use of body imaging scanning equipment shall be limited to searches conducted in any of the following circumstances:

1. When an inmate enters or leaves the correctional facility;

2. Any time before or after an inmate is placed in close custody, prehearing restrictive housing, administrative segregation, protective custody, psychological observation, or suicide watch;

3. Any time before or after an inmate has a contact visit in which the inmate and a visitor are permitted physical contact with each other;

4. After an inmate has been in any area where the inmate has had access to dangerous or valuable items;

5. During a mass search of an inmate housing unit or inmate work area;

6. When a custody staff member with a rank of sergeant or above determines that there exists a reasonable suspicion that an inmate is carrying or concealing contraband on the inmate's person, or in the inmate's anal or vaginal cavity; or

7. When a custody staff member with a rank of sergeant or above determines that the search is reasonably necessary for safety and security.

(d) Notwithstanding the provisions of any other law to the contrary, the body image scanning equipment may be operated by an employee of a correctional facility or other law enforcement officer.

(e) Prior to operating body imaging scanning equipment, an employee or officer shall successfully complete a training course approved by the Police Training Commission pursuant to P.L. 1961, c. 56 (N.J.S.A. 52:17B-66 et seq.).

(f) Body imaging scanning equipment shall be operated in compliance with all manufacturer standards, guidelines, instructions, recommendations, and safety precautions for inmates and equipment operators.

N.J. Admin. Code § 10A:3-5.5

Amended by 49 N.J.R. 544(a), effective 3/20/2017