N.J. Admin. Code § 13:95-5.7

Current through Register Vol. 56, No. 24, December 18, 2024

Section 13:95-5.7 - Strip searches

(a) 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.

(b) Strip searches of juveniles may be conducted in any of the following circumstances:

1. After a contact visit;

2. Before a juvenile enters the facility from the community, a minimum security facility or other area outside the secure facility;

3. Before a juvenile leaves the facility to go to the community, a minimum security facility or other area outside the secure facility;

4. Prior to the departure of the juvenile from any area where the juvenile has had access to dangerous or valuable items;

5. Upon entering or leaving any close custody unit;

6. During housing unit/wing searches;

7. Before placement of a juvenile under psychological observation or suicide watch;

8. In preparation for a body cavity search, under the provisions of N.J.A.C. 13:95-5.8; or

9. When a custody staff member with a rank of Sergeant or above is satisfied that there is a clear indication that a juvenile is carrying or concealing contraband on his or her person, or in the juvenile's anal or vaginal cavity.

(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 custody staff members deemed reasonably necessary to provide security; and

4. Only by custody 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.

(d) Strip searches of juveniles may be conducted by custody staff and with a scanning/testing device operator or operators of the opposite gender only under emergent conditions as ordered by the Superintendent, Assistant Superintendent or the highest ranking custody supervisor on duty.

(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. Body cavity searches shall be conducted pursuant to N.J.A.C. 13:95-5.8.

N.J. Admin. Code § 13:95-5.7