N.J. Admin. Code § 13:103-11.7

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:103-11.7 - Strip searches

(a) A strip search of a juvenile may be conducted only with the prior approval of the Director of Community Programs or designee when there is a clear indication that the juvenile is carrying or concealing contraband on his or her person, or in the juvenile's anal or vaginal cavity.

(b) A strip search shall be conducted while the juvenile is unclothed. A strip search includes a thorough and systematic examination of the juvenile's body and orifices, including visual inspection of external genital and anal areas, as well as the juvenile's clothing and all personal possessions.

(c) A strip search shall be conducted:

1. At a location where the search cannot be observed by unauthorized persons;

2. In a professional and dignified manner, with maximum courtesy and respect for the juvenile's person;

3. By the number of staff members deemed reasonably necessary to provide security;

4. Only by staff of the same gender as the juvenile and may include a scanning/testing device operator or operators of the same gender as the juvenile except as set forth in (d) below; and

5. Only by staff who have received Commission or equivalent training in the conducting of strip searches.

(d) Strip searches of juveniles may be conducted by staff and with a scanning/testing device operator or operators of the opposite gender only under emergent conditions as ordered by the Superintendent or designee.

(e) In emergent circumstances, strip searches may be observed by persons, such as, but not limited to, the Ombudsman or Investigators from the Office of Investigations required to be present who are not conducting the search and who may be of the opposite gender to help ensure:

1. The secure and orderly operation of the procedure;

2. The accurate recordkeeping regarding the emergent circumstances and incident; and

3. That the strip search is conducted in a professional and dignified manner, with maximum courtesy and respect for the juvenile's person.

(f) Under no circumstances shall invasive body cavity searches be conducted in accordance with this section.

N.J. Admin. Code § 13:103-11.7