N.J. Admin. Code § 10A:31-8.21

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

Section 10A:31-8.21 - Use of force while off-duty

(a) Although 2A:154-4 authorizes peace officers to exercise law enforcement powers, custody staff members are not required to exercise those powers or to carry firearms during off-duty hours.

(b) Custody staff members, while off-duty, should use extreme caution to determine when and under what circumstances to become involved with day-to-day law enforcement duties that are under the jurisdiction of Federal, State or local law enforcement agencies. As an example, when a custody staff member observes what he or she believes to be a violation of the law, he or she should take note of the vehicle description, license plate numbers and/or letters, identifying characteristics of persons involved and other relevant information, and report such information to the local law enforcement agency having jurisdiction. Adult county correctional facility Administrators are encouraged to develop internal management procedures and/or post orders relative to this section.

(c) The utmost caution shall be exercised by the custody staff member to determine when and under what conditions to use force. Whenever he or she believes that possible criminal action is taking place and that a reasonable alternative to use of force exists, the custody staff member must take the action which he or she determines to be least dangerous or harmful to persons or property.

(d) A custody staff member shall be deemed to have acted within the scope of his or her employment or within the law enforcement interest of the State of New Jersey, if he or she exercises police powers in accordance with the provisions of this subchapter, internal management procedures and/or post orders promulgated in connection therewith.

N.J. Admin. Code § 10A:31-8.21

New Rule, R.2006 d.59, effective 2/6/2006.
See: 37 N.J.R. 3201(a), 38 N.J.R. 995(a).
Amended by R.2011 d.059, effective 2/22/2011.
See: 42 N.J.R. 2692(a), 43 N.J.R. 427(a).
In (b), inserted "and/or letters"; and in (c), substituted "The utmost" for "Extreme".