N.J. Admin. Code § 10A:34-1.3
The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise:
"Body cavity search" means the visual inspection or manual search of a person's anal or vaginal cavity.
"Canine search" means a search conducted by a canine team consisting of a handler(s) and a dog(s) specially trained to discover and indicate to the handler(s) the presence of various substances and/or materials.
"Commissioner" means the Commissioner of the New Jersey Department of Corrections.
"Contraband" means:
1. Any item, article or material which is not authorized for retention or receipt, found in the possession of, or under the control of, a person who has been detained, arrested or lawfully confined; and/or
2. Any article that may be harmful or presents a threat to the security and orderly operation of a municipal detention facility. Items of contraband shall include, but shall not be limited to:
i. Guns and firearms of any type;
ii. Ammunition;
iii. Explosives;
iv. Knives, tools and other implements not provided in accordance with municipal detention facility regulations;
v. Hazardous or poisonous chemicals and gases;
vi. Unauthorized drugs and medications;
vii. Medicines dispensed or approved by the municipal detention facility but not consumed or utilized in the manner prescribed;
viii. Intoxicants, including, but not limited to, liquor or alcoholic beverages;
ix. Where prohibited, currency and stamps; and
x. Electronic communication devices.
"Crime" means an indictable offense or equivalent in another state.
"Custody staff member in charge" means the law enforcement officer in charge of the municipal detention facility.
"Electronic communication device" means a device or related equipment or peripheral that is capable of electronically receiving, transmitting or storing a message, image or data. Examples of such electronic devices include, but are not limited to, all types and sizes of a computer, telephone, two-way radio, camera or video/audio player/recorder, fax machine, pager or beeper, personal data assistant, hand-held e-mail system, or any other device containing a means of internet access or receiving, transmitting or storing information electronically by means of audio, visual or recorded data.
"Exigent circumstances" means the probable cause to believe that the person is concealing a weapon, contraband or evidence of crime, and circumstances prevent obtaining a search warrant.
"Lawfully confined" means custodial confinement in a municipal detention facility, county correctional facility or a Department of Corrections facility.
"Licensed medical professional" means an appropriately licensed health care provider who is a physician, registered nurse, nurse practitioner or physician assistant.
"Minimum standards" means this chapter, the rules promulgated by the Department of Corrections for the construction and management of a municipal detention facility and for the care and treatment of persons who have been arrested.
"Municipal detention facility" means a holding area or lockup facility, usually located in, and operated by, a municipal police department, which receives and temporarily detains for approximately 24 hours, excluding holidays or weekends, persons who have been arrested who are awaiting release or transfer to other authorities.
"Offense other than a crime" means a non-indictable offense or equivalent in another state.
"Pat search" means a thorough search of a fully-clothed inmate, including the clothing and personal property in the inmate's possession.
"Probable cause" means reasonable ground(s) of suspicion, supported by circumstances sufficiently strong to warrant a cautious person to believe that criminal activity is taking place.
"Reasonable suspicion" means a belief that an action is necessary based upon specific and articulable facts that, taken together with rational inferences from those facts, reasonably support a conclusion.
"Scanning/testing device" means a mechanical and/or electronic instrument used to identify or to detect certain substances and materials.
"Scanning/testing device search" means a search of a person or object by exposure to a mechanical and/or electronic instrument used to detect certain substances and materials.
"Strip search" means the removal or rearrangement of clothing to permit the visual inspection of the person's undergarments, buttocks, anus, genitals, or breasts.
N.J. Admin. Code § 10A:34-1.3
See: 34 N.J.R. 1307(a), 34 N.J.R. 2312(b).
Inserted "Custody staff member in charge" and deleted "Officer in charge".
Amended by R.2007 d.225, effective 8/6/2007.
See: 39 N.J.R. 1394(a), 39 N.J.R. 3384(a).
In the introductory paragraph, substituted a colon for the period at the end; added definitions "Canine search", "Commissioner", "Electronic communication device", "Pat search", "Scanning/testing device" and "Scanning/testing device search"; in definition "Contraband", in the introductory paragraph of subsection 2, substituted "that" for "which", in subsection 2viii, deleted "and" from the end, in subsection 2ix, substituted "; and" for a period at the end, and added subsection 2x; and in definition "Strip search", substituted "to permit" for "and".
Amended by R.2010 d.134, effective 7/6/2010.
See: 42 N.J.R. 34(a), 42 N.J.R. 1379(a).
Added definitions "Crime", "Licensed medical professional", "Offense other than a crime", "Probable cause" and "Reasonable suspicion".