N.J. Admin. Code § 10A:3-6.5

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

Section 10A:3-6.5 - Disposal of contraband threatening to security or disruptive to operations

(a) All contraband determined to pose a threat to security or to be disruptive to the orderly running of a correctional facility shall be taken into the custody of the correctional facility and under no circumstances shall be returned to the inmate.

1. The staff member making the seizure shall immediately turn the contraband over to the Special Investigations Division or Central Control of the correctional facility, together with the completed Seizure of Contraband Report Form 171-I and Inmate Receipt Form 171-II.

2. Appropriate disciplinary reports shall be written and issued, pursuant to 10A:3-6.7.

(b) Suspected contraband narcotics or dangerous drugs may be forwarded to an approved laboratory for chemical analysis or, where appropriate, field tested at the correctional facility. All weapons, ammunition, explosives, chemicals, liquor or items altered from original status may be sent to the laboratory for analysis. After analysis, the contraband shall be claimed at the laboratory and secured at the facility.

(c) Precautions shall be taken to assure the continuity of possession of contraband that will be used as evidence in accordance with accepted legal procedures. Unauthorized items determined to pose a threat or to be disruptive to the operations of a facility may be destroyed or properly disposed of by the facility only under the following circumstances:

1. With the permission of the Administrator or designee;

2. Upon completion of all disciplinary action; and

3. With the prior approval of the appropriate county prosecutor's office.

N.J. Admin. Code § 10A:3-6.5

Recodified from 10A:3-6.6 and amended by R.1997 d.41, effective 1/21/1997.
See: 28 N.J.R. 4840(a), 29 N.J.R. 356(a).
Former rule recodified to N.J.A.C. 10A:3-6.4.
Administrative change.
See: 32 N.J.R. 303(a).
Amended by R.2002 d.171, effective 6/3/2002.
See: 34 N.J.R. 962(a), 34 N.J.R. 1908(a).
In (a), substituted "to" for "of" following "disruptive" in the introductory paragraph; in (c), deleted "to" following "pose a threat" and substituted "to" for "of" following "disruptive" in the introductory paragraph, and substituted "Administrator" for "Superintendent" in 1.
Amended by R.2007 d.294, effective 9/17/2007.
See: 39 N.J.R. 2191(a), 39 N.J.R. 3936(b).
In (c)1, inserted "or designee".