N.J. Admin. Code § 13:103-8.14

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

Section 13:103-8.14 - Search of visitors

(a) Signs written in English and Spanish shall be posted in the visiting area stating that, as a condition of visitation, all visitors, their belongings, and vehicles are subject to possible search while on the premises of a residential community home, which could include a passive canine, scanning/testing device, and pat search.

(b) If a visitor refuses to submit to such a search by a law enforcement officer, and there is no reasonable suspicion that the visitor is in possession of contraband, the visitor shall be directed to immediately leave the premises of the residential community home. No visit shall be permitted, the visitor shall be banned from visiting any juvenile committed to the custody of the Commission for 60 days and the visitor shall be required to reapply in writing to the Superintendent for approval/disapproval of the reinstatement of visit privileges in accordance with the standards set forth in 13:103-8.4.

(c) If a staff member receives information sufficient to form a reasonable suspicion that a visitor is carrying contraband, or when contraband has been detected or indicated on a visitor, the Superintendent or designee shall immediately be notified.

(d) Contraband discovered during the search of a visitor by law enforcement officers shall be confiscated and a written report shall be submitted by the Superintendent to the Director of Investigations.

(e) The written report shall specify, to the extent known:

1. The name and affiliation of the law enforcement officers who performed the search;

2. The name of the juvenile who was to receive the visit;

3. The name and address of the visitor who was searched;

4. The time of the search;

5. The type of search and scanning/testing device used, if any, and the results if any;

6. The description of the items confiscated; and

7. The specific reason for confiscating the items.

(f) If a controlled dangerous substance is discovered on, in the possession of, or in the vehicle of a visitor who is on the premises of a residential community home, the visitor shall be permanently banned from visiting any juvenile committed to the custody of the Commission.

(g) The Superintendent shall decide whether the visitor shall continue to have visitation privileges except as established in (f) above.

(h) It is Commission policy that all searches shall be conducted in a professional and dignified manner, with maximum courtesy and respect for the visitor's person.

N.J. Admin. Code § 13:103-8.14