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LAW AND PUBLIC SAFETY
JUVENILE JUSTICE COMMISSION
Secure Facilities
New Jersey Register Publication Date: September 19, 2005
Proposed Re-adoption with Amendments: N.J.A.C. 13:95
Proposed Repeals: N.J.A.C. 13:95-1.3, 2 and 3.
Proposed New Rules: N.J.A.C. 13:95-1.2, 1.4 and 2 through 21.
Authorized By: Executive Board of the Juvenile Justice Commission, by the Honorable Peter C. Harvey, Attorney General and Chair, Markus Green, Attorney General's Designee.
Authority:. N.J.S.A. 2A:4A-60; 2C:39-6a(9); 9:17A-1 and 4; 30:4-27.2; 30:4-27.24; N30:4-82.4; .30:4-123.53a; 47:1A-1; 52:17B-170e(14) and (22); 52:17B-170e(8) and (9); 52:17B-171; 52:17B-174, 52:17B-175 and 52:17B-176.
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
Proposal Number: PRN 2005-329.
Comments with respect to this proposal must be received on or before November 18, 2005, and must be submitted in writing. One copy must be directed to following addresses, as indicated:
Valerie L. Egar
Special Assistant to the Executive Director
New Jersey Juvenile Justice Commission
1001 Spruce Street - Suite 202
Trenton, New Jersey 08638
Valerie L. Egar
Special Assistant to the Executive Director
New Jersey Juvenile Justice Commission
P.O. Box 107
Trenton, New Jersey 08625-0107
The agency proposal follows:
Summary
N.J.A.C. 13:95, currently headed Security and Control, is scheduled to expire on August 7, 2005. The expiration date has been extended to February 3, 2006 pursuant to N.J.S.A. 52:14B-5.1(c ) by the filing of this proposal. The Juvenile Justice Commission (Commission) has reviewed the rules and has determined that they continue to be necessary, reasonable and proper for the purpose for which they were originally promulgated. However, the Commission has determined that the rules should be reorganized and that additional new rules are necessary.
The existing chapter is limited to use of force and firearms. These provisions have been reorganized and updated to conform to the Attorney General's Use of Force Policy (April 1985, as revised June 2000). In addition, the Commission proposes to add new subchapters that address a number of other operational areas to create a comprehensive regulatory framework governing major operational areas in secure facilities. These include keep separate status; searches of juveniles and facilities; contraband and disposition of contraband; institutional classification; transportation of juveniles; security procedures for administrative transfers of juveniles from secure facility satellite units and community programs; protective and temporary close custody; juvenile orientation and handbook; juvenile hygiene and grooming, prohibition of tobacco products, juvenile identification photographs, housekeeping and sanitation, clothing, bedding and laundry; juvenile access to courts; suicide prevention; pregnant juveniles and critical injury or death of juveniles; mail, correspondence, legal correspondence, publications and packages; visits and telephone, and reports. The proposal also makes a number of technical amendments to the rules' general provisions.
The rules proposed for re-adoption with amendments and proposed repeals and new rules will establish a comprehensive set of regulations addressing operational issues relevant to secure facilities. The rules proposed for re-adoption with amendments and proposed repeals and new rules represent a completion of the transition begun in 1995, when responsibility for operating juvenile secure facilities was transferred from the New Jersey Department of Corrections to the Commission. Accordingly, the rules proposed for re-adoption with amendments and proposed repeals and new rules reflect the specialized function of the Commission in addressing juvenile corrections.
The rules proposed for re-adoption with amendments and proposed repeals and new rules encompass 21 subchapters. Three of these subchapters, Subchapters 7, 13 and 19 are reserved. Two of the other 20 subchapters, Subchapters 3 and 4, cover use of force and firearms, subject areas that are covered in the current N.J.A.C. 13:95. The remaining 15 subchapters are new.
A subchapter-by-subchapter description follows
Subchapter 1, N.J.A.C. 13:95-1, includes general provisions covering purpose, scope, definitions, forms, and confidentiality.
N.J.A.C. 13:95-1.1, Purpose and Scope, has been amended to address the chapter's purpose only, and to match the expanded subjects covered by the amended chapter. The list of juvenile correction officers titles to which the chapter is applicable in subsection (b) has been deleted because it is redundant with the definition of "custody staff officer" in proposed N.J.A.C. 13;95-1.3 and therefore is unnecessary here. Proposed new subsection (b) lists various procedure and policy subjects set forth in the amended chapter.
The scope of the Chapter, that is, being applicable to Commission secure facilities unless otherwise indicated in the chapter, is set forth in proposed new N.J.A.C. 13:95-1.2.
Some changes to the definitions in proposed N.J.A.C. 13:95-1.3 have been made for clarification and to reflect reorganizations within the Commission. In addition, the definitions section has been expanded to reflect the many new subchapters being added. With respect to specific amendments being proposed:
A definition for "facility" has been added to clarify that for the purpose of the rule, the term applies to places that house juveniles, but not to Commission administrative and operational offices.
The definition "Director of Operations" has been changed to reflect that the position no longer involves oversight of non-secure facilities and also to clarify that the actual in-house title of the manager serving in the position may be other than Director of Operations. In the recent past, the in-house title of the appropriate manager was "Director of Resident Care" and currently is "Director of Secure Care."
In the proposed rules, the term "juvenile inmate" has been deleted as harmful in furtherance of the Commission's policy to avoid stigmatizing juvenile offenders unnecessarily. Incarcerated juveniles are now identified more appropriately simple as "juveniles" and a definition of "juvenile" has been added. The Commission's Office of Internal Affairs has been renamed Office of Investigations and this change is reflected in the definitions.
The reference to the "boot camp" (now called the Life Skills and Leadership Academy or LS & LA) has been deleted from the definition of "shift supervisor" because it is superfluous. The definition describes a shift supervisor as the custody staff member responsible for maintaining security during a tour of duty at a "secure facility or secure facility satellite unit." The SL & SA is a secure facility and does not need to be identified separately.
The definition of " juvenile corrections officer" has been deleted and replaced with the definition "custody staff member."
Proposed new N.J.A.C. 13:95-1.4 sets forth a list of forms related to secure facilities used throughout the chapter.
The confidentiality section, N.J.A.C. 13:95-1.4 ( recodified as 1.5), has been amended to cite the Open Public Meetings Act, N.J.S.A. 47:1A-1 et seq.
Proposed N.J.A.C. 13:95-2 governs "keep separate" procedures, the process for identifying and maintaining a separation among specific juveniles, when separation is necessary for the maintenance of security and orderly operation of a facility. Examples of situations where keep separate procedures might be invoked are various and include situations where juveniles are co-defendants in a pending adjudication or criminal matter, where the welfare of a juvenile may be a threatened by another, and where one juvenile has been subpoenaed to testify with respect to the conduct of another. The proposed rules are closely modeled after N.J.A.C. 10A:3-2, with only contextual and definitional changes.
Proposed Subchapters 3 and 4 contain rules governing, respectively, use of force and firearms applicable to custody staff members.. These two subchapters contain substantive provisions that are substantially the same as those in existing Subchapters 2 and 3 with two important differences.
Firstly, they are structured so that one subchapter, Subchapter 3, addresses all use of force issues, both for on-duty custody staff members and for off-duty custody staff members, while the other, Subchapter 4, addresses all firearms issues, again for both on-duty and off-duty custody staff members. The Commission believes this is a much clearer presentation than exists in the existing rule, in which Subchapter 2 sets out all on-duty rules for both use of force and firearms and Sunchapter 3 does the same thing for off-duty custody staff members.
More importantly, the existing rules do not reflect progressive use of force requirements set out in the June 2000 revisions to the 1985 Attorney General's Use of Force Policy and the proposed rule corrects this. The revisions in the Attorney General's Policy strongly emphasize the importance of using only the minimum force necessary to control a given situation, beginning with "constructive authority," meaning the exercise of authority that does not involve actual physical contact with an individual.
The Commission believes that control over and elimination of excessive use of force is especially relevant to juvenile corrections and has included within the proposed rules a requirement that a custody staff member report all situations where excessive force is used by anyone against a juvenile. See proposed N.J.A.C. 13:96-3.1(c). In the same vein, under the proposed rules, deadly force is not permitted to thwart an escape and bringing weapons into Commission facilities is not allowed.
N.J.A.C 13:95-5 sets out proposed rules governing searches of juveniles and searches of secure facilities; it closely tracks N.J.A.C. 10A:3-5, the Department of Corrections' rules governing searches in adult facilities. The Commission's proposed rules are more restrictive, however. Approval of secure facility management is required before an invasive search such as a body cavity search, can be undertaken. In another restriction added to the proposed Commission rules, pat searches generally are permitted only by personnel of the same gender as the juvenile to be searched.
Proposed N.J.A.C 13:95-6 addresses issues of contraband and the disposition of contraband after it is discovered. It closely tracks N.J.S.A. 10A:3-6. The proposed rules place restrictions on bringing money or other currency into a secure facility. For security reasons, juveniles are not permitted to receive cash. In addition, allowed forms of payment to a juvenile, such as money orders or certified checks, can be made only by mail, and not in person. All payments to juveniles must be logged-in and tracked. Accepting money, in whatever form, during visiting hours diverts staff from other necessary functions.
N.J.A.C 13:95-7 is reserved.
Proposed N.J.A.C 13:95-8 covers institutional classification, the procedures governing (a) the monitoring and review of a juvenile's progress within a secure facility, for purposes of assigning the juvenile to appropriate programs or activities, and (b) the process for determining when it is necessary or appropriate to transfer a juvenile to another Commission facility or program, including reviewing juvenile requests for transfer. Transfers of a juvenile within a secure facility and among Commission programs, can be initiated by secure facility staff. In addition, a juvenile has the right to make a request for a transfer at any time in writing. The processing of such requests would be governed under the Commission's proposed classification rules, proposed N.J.A.C. 13:100, which were published in the New Jersey Register on April 18, 2005 at 37 N.J.R. 1168(a). Proposed Subchapter 8 cross-references N.J.A.C. 13:100 accordingly.
Proposed N.J.A.C 13:95-9 governs procedures for the transportation of juveniles, and is closely based on the Department of Corrections' N.J.A.C. 10A:3-9. The proposed rules address a variety of transportation issues germane to secure facilities, such as differing custody levels of the juveniles requiring transport, equipment required in vehicles used for juvenile transport, provisions for interstate transport of juveniles, and transportation related to court visits.
Proposed N.J.A.C 13:95-10 establishes security procedures to be used in connection with administrative transfers of juveniles to secure facilities from other Commission facilities and programs. These transfers often are in the context of behavioral issues with respect to the juvenile being transferred; hence, the concern for security procedures. The proposed rules are closely modeled after the Department of Corrections' N.J.A.C. 10A:3-10.
Proposed N.J.A.C 13:95-11 covers procedures for assigning juveniles to protective and temporary close custody, for reviewing the progress of juveniles so assigned, and for releasing juveniles from protective and temporary close custody. It also contains provisions for managing housing units to which residents in protective and temporary close custody are assigned. It closely tracks corresponding portions of the Department of Corrections' N.J.A.C. 10A:5.
Temporary close custody refers to a non-punitive removal of a juvenile from the general population for a period not to exceed 72 hours for special observation or investigation, for example, when it is suspected that a juvenile has ingested contraband to avoid detection. Protective custody refers to the assignment of a juvenile to a designated housing unit that restricts or limits the juvenile's activities and contacts with others, in order to protect the juvenile from injury or harm actually threatened, or reasonably believed to exist based on events, investigative reports, informants' reports or other reliable sources of information.
Proposed N.J.A.C 13:95-12 establishes provisions for the orientation required for all juveniles entering a secure facility. The rules require each juvenile to be informed as to the rules, procedures, units, services and programs of the secure facility to which they are assigned, and establishes the requirement for publishing, maintaining and distributing a resident handbook in each secure facility. It is modeled after the Department of Corrections' N.J.A.C. 10A:8.
N.J.A.C 13:95-13 is reserved.
Proposed N.J.A.C. 13:95-14 covers a number of administrative and housing related issues: juvenile hygiene and grooming, a prohibition against the possession and use of tobacco products, juvenile identification photographs, housekeeping and sanitation, and clothing, bedding and laundry. The proposed rules are modeled on the Department of Corrections' N.J.A.C. 10A:14. They differ from the Department of Corrections' rules by establishing an absolute ban on all tobacco products within the perimeter of any area of a secure facility, including recreational yards and other outdoor areas. This ban applies to staff as well as to juveniles.
Other subjects include the standard personal hygiene kit provided to a juvenile upon admission to a secure facility, a requirement that juveniles generally are to shower daily, mandatory housekeeping schedules, coordinating inspections of facilities by the State Department of Health and Senior Services, basic clothing issue and use of DEPTCOR, State Use Industries, and central laundry services.
Proposed Subchapter 15, Juvenile Access to Courts, defines the legal materials and related administrative services that must be made available for juveniles, in connection with court proceedings. Under the proposed rules, the Commission is responsible for a number of activities designed to ensure juvenile access to legal materials and related services, necessary to ensure access to judicial process. These activities include identifying necessary legal resources, stocking law libraries and ensuring the availability of Notary Publics and other necessary administrative resources.
Proposed N.J.A.C. 13:95-16 sets out guidelines for the identification, placement and monitoring of juveniles who are deemed to be at risk for suicide. The rules establish a system for identifying and reporting potential suicidal behavior, and for placing at risk juveniles in special observation status and removing them from such status. Procedures established by the proposed rules require an initial psychological/psychiatric interview within 24 hours of a juvenile being placed on special observation status, daily status interviews thereafter, and graduated levels of observation, dependent upon the facts and dangers of each individual case.
Proposed N.J.A.C. 13:95-17 covers two distinct areas: procedures to be followed when a juvenile is determined to be pregnant; and second, when a critical injury or death of a juvenile occurs. The proposed rules on pregnant juveniles are modeled after provisions in the Department of Corrections' N.J.A.C. 10A:16-6, but differ in some respects. Due to the age of the mother, in addition to her incarceration, the rules involve State child protective services (currently, the Division of Youth and Family Services) in decisions related to custody of a newborn.
The proposed rules on critical illness and death of a juvenile are based on the Department of Corrections' N.J.A.C. 10A:16-7. Topics covered include procedures for notifying next of kin upon illness or death, proper disposition of remains upon death, and distribution of money and property. The rules differ from N.J.A.C. 10A:16-6 by requiring parental or guardian involvement in connection with advanced medical directives and property distributions, where a juvenile has not yet reached 18.
Subchapter 18 is reserved.
Proposed Subchapter 19 establishes guidelines permitting juveniles to correspond with persons or entities outside the secure facility, for processing their legal correspondence, and for sending and receiving publications and packages. The proposed rules are largely based on the Department of Corrections' N.J.A.C. 10A:18-2, 3, 4 and 5. However, the rules have been substantially reformatted to increase clarity and to eliminate redundancies that are contained in the Department of Corrections' rules.
Proposed N.J.A.C. 13:95-20 covers visits with juveniles, bedside visits to a dying relative, private viewing and funeral visits by a juvenile to a deceased relative, and juvenile access to and use of the telephone. It is modeled on the Department of Corrections' N.J.A.C. 10A:18-6, 7 and 8.
Proposed Subchapter 21, Reports, establishes guidelines for:
- Providing reports to officials within the Commission and, when necessary, to outside law enforcement agencies;
- Allowing observers from outside law enforcement or other agency access in an unusual incident or event;
- Providing written reports regarding the release, critical illness or death of a juvenile;
- Handling reportable and non-reportable suspected violations of criminal statutes; and
- Reporting requirements for the Commission's Office of Investigations.
The subchapter contains 15 sections. The first four and the last four sections, N.J.A.C. 13:95-21.1 through 21.4 and 21.12 through 21.15, are based closely on corresponding provisions in the Department of Corrections' N.J.A.C. 10A:21. These sections address (a) the purpose of the subchapter, (b) written reports required upon the release of a juvenile from secure custody and upon the death or serious injury of a juvenile, and (c) roles of various law enforcement agencies upon actual or suspected criminal activity by a juvenile and the reports required.
The middle seven sections, N.J.A.C. 13:95-21.5 through 21.11, were drafted anew. These provisions set out the process for reporting unusual incidents and events, and roughly correspond to the Department of Corrections' rules found at N.J.A.C. 10A:21-5. These were substantially modified in the proposed rules primarily for purposes of clarity and precision of language.
Because the Commission has provided a 60-day comment period on this notice of proposal, this notice is excepted from the rulemaking calendar requirement pursuant to N.J.A.C. 1:30-3.3(a)5.
Social Impact
The rules proposed for readoption with amendment and the proposed repeals and new rules will have a positive social impact. Incarcerated juveniles are not merely under-aged adult inmates. Rather, they are troubled children, often with unique educational, vocational and social needs. The challenge is to design rehabilitative programs that address these needs, while at the same time preserving the security and control essential to the orderly administration of a correctional facility. The rules proposed for readoption with amendment and the proposed repeals and new rules take the special needs of juveniles into consideration while preserving the safety and security of the facility and staff.
Proposed N.J.A.C. 13:95-3 and 4 incorporates the Attorney General's Use of Force Policy, which was the product of the collective efforts and judgment of the New Jersey Use of Force Advisory Committee. It is the State of New Jersey's policy that law enforcement officers will use only the force which is objectively reasonable and necessary and that in using force, the utmost restraint will be used. These rules follow those guidelines.
Proposed N.J.A.C. 13-95-3 also restricts the use of force in certain correctional situations in consideration of the juvenile population. For example, N.J.A.C. 13:95-3.4 (c) 2 provides that deadly force may not be used to thwart an escape. Further, N.J.A.C. 13:95-3.9 generally prohibits the use of chemical sprays within a secure facility, due to concerns for asthma among youth. This is appropriate and has a positive social impact.
Likewise, in consideration of the juvenile population, invasive searches such as body cavity searches are significantly restricted by N.J.A.C. 13:95-5.8. Under this rule, a body cavity search may only be conducted when the highest ranking custody staff member is satisfied that a reasonable belief exists that contraband will be found in the juvenile's body cavity and approval for the search has been given by the Superintendent of the facility or designee. Such limitations ensure that such searches will only be conducted when necessary to the safety and security of the juveniles, staff and facility.
N.J.A.C. 13:95-14.10 bans the use of tobacco products by residents and staff at the facility. This is a health measure with a positive social impact.
Further, Subchapter 16 provides for enhanced suicide risk identification and monitoring. At risk juveniles will receive a psychiatric interview within 24 hours of being placed on special observation status pursuant to N.J.A.C. 13:95-16. Suicidal behavior is a serious risk to incarcerated juveniles and the proposed rule addresses what is required to recognize and address juveniles at risk for suicide.
Other provisions of the ruleS address legal access (N.J.A.C. 13:95-11 .), grooming and hygiene (N.J.A.C. 13:95-14.) and mail (N.J.A.C. 13:95-19). The grooming and hygiene as well as the provisions regarding mail help to order daily life within the secure facility and have a positive social impact.
Economic Impact
The rules proposed for readoption with amendment and the proposed repeals and new rules will not result in any economic impact because additional funding is not necessary to implement these rules. The cost of meeting and maintaining the requirements established by these rules will be met by the Commission through the budgetary process with monies allocated by the State.
Federal Standards Statement
The rules proposed for readoption with amendment and the proposed repeals and new rules are not subject to any Federal standards or requirements. Therefore, a Federal standards analysis is not required.
Jobs Impact
The New Jersey Juvenile Justice Commission does not anticipate that the rules proposed for readoption with amendment and the proposed repeals and new rules will result in the generation or loss of jobs.
Agriculture Industry Impact
The rules proposed for readoption with amendment and the proposed repeals and new rules will have no impact on the agriculture industry in New Jersey.
Regulatory Flexibility Statement
The rules proposed for readoption with amendment and the proposed repeals and new rules do not impose reporting, record keeping or other compliance requirements on small businesses, as defined under the Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq. Therefore, a regulatory flexibility analysis is not required. The rules proposed for readoption with amendment and the proposed repeals and new rules impact juveniles incarcerated in secure facilities of, and employees of, the New Jersey Juvenile Justice Commission, and have no affect on small businesses.
Smart Growth Impact
The Juvenile Justice Commission does not anticipate that the rules proposed for readoption with amendment and the proposed repeals and new rules will have any impact on the achievement of smart growth or the implementation of the State Development and Redevelopment Plan.
Full text of the rules proposed for readoption may be found in the New Jersey Administrative Code at N.J.A.C. 13:95.
Full text of the rules proposed for repeal may be found in the New Jersey Administrative Code at N.J.A..C. 13:95-1.3, 2 and 3.
Full text of the proposed amendments and new rules follows (additions indicated in boldface, thus; deletions indicated in brackets [thus].
CHAPTER 95. [SECURITY AND CONTROL] SECURE FACILITIES
SUBCHAPTER 1. GENERAL PROVISIONS
13:95-1.1 Purpose [and scope]
(a) The purpose of this chapter is to establish [policies and procedures regarding the use of force by juvenile corrections officers employed in the New Jersey Juvenile Justice Commission's secure facilities, secure facility satellite units and Stabilization and Reintegration Program (Boot Camp), both on-duty and off-duty. Policies and procedures regarding the use of force by juvenile corrections officers in juvenile parole officer and Internal Affairs' investigator titles are set forth in N.J.A.C. 13:96 and 13:97, respectively ]a comprehensive regulatory framework governing the operation of secure facilities under the jurisdiction of the Commission, as those terms are defined in N.J.A.C. 13:95-1.3.
[(b) This chapter shall be applicable to juvenile corrections officers employed in the New Jersey Juvenile Justice Commission's secure facilities, secure facility satellite units and Stabilization and Reintegration Program (Boot Camp), in the following titles: Director of Custody Operations 1, Juvenile Justice Commission; Director of Custody Operations 2, Juvenile Justice Commission; Correction Captain, Juvenile Justice; Correction Lieutenant, Juvenile Justice; Correction Sergeant, Juvenile Justice; Senior Correction Officer, Juvenile Justice; and Correction Officer Recruit, Juvenile Justice. (b) Among the policies and procedures established by this chapter are rules addressing:
1. The use of force by custody staff members, both on-duty and off-duty;
2. The use of firearms on-duty and off-duty;
3. Searches of juveniles and facilities in order to control and deter contraband;
4. Contraband and its seizure and disposal;
5. Testing for prohibited substances;
6. The transportation of juveniles outside the secure facility and from one jurisdiction to another;
7. Assignment of juveniles to housing, education, treatment, work and other programs;
8. Placement of juveniles in temporary close custody and protective custody;
9. Handling of juveniles' mail, visits to and by juveniles and juvenile access to courts;
10. Juvenile hygiene and grooming;
11. Housekeeping, sanitation, bedding and laundry; and
12. Issuance and updating of a juvenile handbook in each secure facility.
13:95-1.2 Scope
This chapter shall be applicable to Commission secure facilities unless otherwise indicated in this chapter.
13:95-[1.2] 1.3 Definitions
The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise:
"Assistant Superintendent" means the ranking assistant to a Superintendent of a secure facility.
"Attorney General" means the Attorney General of the State of New Jersey.
"Body cavity search" means the visual inspection or manual search of a person's anal or vaginal cavity.
"Central Communications Unit" means the centralized communication center within the Department of Corrections.
"Center Control" means the unit which coordinates the security and communication functions within a secure [juvenile] facility.
"Classification Committee" means either a juvenile reception classification committee, or a juvenile reclassification committee, as those terms are defined in N.J.A.C. 13:100, an institutional classification committee, within the meaning of N.J.A.C. 13:95-8, or other classification committee responsible for:
1. Monitoring a juvenile's progress within a secure facility and for assigning the juvenile to appropriate programs or activities, or
2. Determining the secure facility or other Commission facility to which a juvenile is assigned and for approving requests for transfer from one Commission facility to another.
"Close observation" means intermittent monitoring of a juvenile either in person or by video monitor at 15 minute intervals.
"Commission" means the New Jersey Juvenile Justice Commission.
"Community program" means any community residential, substance abuse, assessment and treatment or similar program run by the Commission.
"Constant observation" means uninterrupted surveillance of one juvenile who is on special observation status that shall be conducted in person and that may be supplemented by video monitoring;
"Contact visit" means a visit between a juvenile and a visitor where there is no barrier (that is, window or wall) between them.
"Contraband" means:
1. Any item, article or material found in the possession of, or under the control of, a juvenile which is not authorized for retention or receipt;
2. Any item, article or material found within the facility or on its grounds which has not been issued by the secure facility or authorized as permissible for retention or receipt;
3. Any item, article or material found in the possession of, or under the control of, staff or visitors within the secure facility or on its grounds which is not authorized for receipt, retention or importation;
4. Any item, article or material which is authorized for receipt, retention or importation by juveniles, staff or visitors but which is found in an excessive amount or which has been altered from its original form. An amount shall be considered excessive if it exceeds stated secure facility limits or exceeds reasonable safety, security, sanitation or space considerations; or
5. Any article which may be harmful or presents a threat to the security and orderly operation of the secure facility shall be considered contraband.
Items of contraband shall include, but shall not be limited to: guns and firearms of any type; ammunition; explosives; knives, tools and other implements not provided in accordance with secure facility regulations; hazardous or poisonous chemicals and gases; unauthorized drugs and medications; medicines dispensed or approved by the secure facility but not consumed or utilized in the manner prescribed; intoxicants, including, but not limited to, liquor or alcoholic beverages; and, where prohibited, currency and stamps.
"Correspondence" means communication by the exchange of letters.
"Custody staff member" means any juvenile corrections officer working in a job title authorized under the provisions of N.J.S.A. 52:17B-174, or successor thereto. Such titles include, but are not limited to:
1. Director of Custody Operations 1, Juvenile Justice Commission;
2. Director of Custody Operations 2, Juvenile Justice Commission;
3. Correction Captain, Juvenile Justice;
4. Correction Lieutenant, Juvenile Justice;
5. Correction Sergeant, Juvenile Justice;
6. Senior Correction Officer, Juvenile Justice; and
7. Correction Officer Recruit, Juvenile Justice.
"Custody status" means the degree of supervision that is assigned to a juvenile in a Commission facility.
"Department of Corrections" means the New Jersey Department of Corrections.
"Department of Human Services" means the New Jersey Department of Human Services.
"Director of Administration" means the Commission staff member, by whatever name or title, in charge of the Commission's Office of Administration.
"Director of Custody Operations" means the Director of Custody Operations employed at each secure facility of the [New Jersey Juvenile Justice] Commission responsible for supervising the custody work force.
"Director of Education" means the Commission staff member, by whatever name or title, having overall responsibility for developing and administering educational programs for juveniles.
"Director of Operations" means the [Director of Operations] responsible Commission staff member, by whatever name or title, charged with oversight and management[responsible]responsibilities for the overall operation and supervision of the Commission's secure [and non-secure] facilities [of the New Jersey Juvenile Justice Commission].
"Disciplinary sanction" means a prescribed penalty that is imposed for violation of a prohibited act.
"Emergency protective custody" means confinement of a juvenile to protective custody in a situation where the threat of injury or harm to the juvenile is reasonably believed to be immediate.
"Executive Director" means the Executive Director of the [New Jersey Juvenile Justice] Commission.
"Facility" means a facility of the Commission used to house, train or educate juveniles; it does not refer to the central or other administrative or operational offices of the Commission.
"Facility Classification Office" means the office within a secure facility responsible for institutional classification functions.
"Handbook on Discipline" means a handbook prepared by the Commission and provided to juveniles that contains a juvenile's rights and responsibilities, the acts and activities which are prohibited and the disciplinary procedures and sanctions imposed.
"Health care provider" means the individual or the entity that is providing the medical, dental and/or mental health services to juveniles.
"Housing unit" means a cell, room, dormitory or other type of sleeping area within a secure facility.
"ICC" means institutional classification committee.
"Identification process" means the investigative method of operation to include, but not limited to, the gathering and accumulation of evidence and information used by the Office of Investigations to reasonably identify juveniles appropriate for protective and temporary close custody.
"Immediate corrective action" means those disciplinary sanctions set forth at N.J.A.C. 13:101-5.3, which may be imposed on a juvenile who has committed a minor violation.
"Imminent danger" means threatened harmful actions or outcomes that may occur during an encounter absent action by the custody staff member. The period of time involved is dependent on the circumstances and facts evident in each situation and is not the same in all situations.
"Indigent juvenile" means a juvenile who has no funds in his or her account and is not able to earn juvenile wages due to prolonged illness or other justifiable circumstances beyond the juvenile's control, and who has been verified as having no outside source from which to obtain funds.
["Internal Affairs Unit" means the unit responsible for conducting investigations within the Commission at the direction of the Executive Director.]
"Interoffice correspondence" means the exchange of correspondence between offices within the Commission.
"Juvenile" means, for the purpose of this chapter, an individual who has been adjudicated delinquent and sentenced to a term of incarceration to be served under the custody of the Commission, and who is residing in or being transferred to a secure facility.
["Juvenile corrections officer" means, for purposes of this chapter only, persons employed in the following titles utilized by the Commission, who have been sworn as peace officers:
1. Director of Custody Operations 1, Juvenile Justice Commission;
2. Director of Custody Operations 2, Juvenile Justice Commission;
3. Correction Captain, Juvenile Justice;
4. Correction Lieutenant, Juvenile Justice;
5. Correction Sergeant, Juvenile Justice;
6. Senior Correction Officer, Juvenile Justice; and
7. Correction Officer Recruit, Juvenile Justice.
"Juvenile inmate" means an individual who has been adjudicated delinquent and sentenced to a term of incarceration to be served under the custody of the New Jersey Juvenile Justice Commission. For the purpose of this chapter, "Juvenile inmate" shall only refer to those individuals residing in a New Jersey Juvenile Justice Commission facility.]
"Juvenile paralegal" means a juvenile who has been approved by a Classification Committee to render assistance to other juveniles in disciplinary or classification matters, other proceeding before a treatment team or matters pending before the family court.
"Keep separate status" means the intentional assignment of certain juveniles to different secure facilities or different units within a secure facility to maintain a separation between these juveniles to prevent the possibility of retaliation because of a previous act or occurrence.
"Legal correspondence" means the exchange of letters between a juvenile and:
1. An attorney of this State or any other state when properly identified as such on the outside of the envelope;
2. Offices of the Federal or State Public Defender;
3. The Office of the Attorney General;
4. Federal and State courts;
5. Federal and State court judges;
6. Offices of Legal Services;
7. Legal assistance clinics managed by accredited law schools of this or any other state;
8. The Administrative Office of the Courts;
9. Offices of the Federal or State Prosecutor;
10. The Bureau of Risk Management, New Jersey Department of the Treasury;
11. The Office of Investigations;
12. The Office of the Child Advocate
13. The Office of Administrative Law; and
14. The New Jersey Division of Youth and Family Services.
"Legal material" means papers or documents that are required to be filed with the court and served upon opposing parties. Legal material includes:
1. Orders required by their terms to be served;
2. Written notices;
3. Written motions;
4. Demands, or answers to demands which the juvenile is required to serve, such as, for the production of documents or interrogatories;
5. Offers of judgment;
6. Designations of records on appeal;
7. Briefs;
8. Petitions;
9. Summons; and
10. Complaints.
"Legitimate public official" means the following:
1. An elected or appointed national, state, county or municipal government official; or
2. A director of a national, state, county or municipal government agency.
"Notary service" means service provided by a notary public authorized by law to certify or attest documents, take affidavits, administer oaths, and perform other services ordinarily performed by a notary public.
"Notice of violation" means a form on which the violation of a prohibited act is recorded along with other pertinent information
"Office of Administration" means the office of administration located in the Commission's central office.
"Office of Education" means the unit within the Commission established pursuant to N.J.S.A. 52:17B-178 responsible for developing, implementing and evaluating educational programs for juveniles.
"Office of Classification" means the unit within the Commission responsible for implementing procedures through which juveniles are assigned to custody levels, facilities and treatment programs, based on assessments of the juveniles' supervision requirements and service needs.
"Office of Investigations" means the unit within the Commission responsible for conducting internal investigations.
"Ombudsman" means the individual(s) within the Commission responsible for resolving complaints made by juveniles about the facility, the action or inaction of staff or any other matter of concern to the juvenile.
"Orientation" means a program including one or more meetings or group sessions provided at a secure facility to familiarize juveniles with rules, procedures, units, services and programs.
"Program Separation Unit" means an area within a secure facility designated for assigning juveniles who are removed from the general population for disciplinary or administrative reasons.
"Public Information Officer" means a staff member of the Commission designated by the Executive Director or designee to disseminate information to authorized persons or agencies.
"Reasonable belief" means an objective assessment based upon an evaluation of how a reasonable custody staff member with comparable training and experience would react to, or draw inferences from, the facts and circumstances confronted and known by the custody staff member at the scene.
"Relative" means:
1. Parent;
2. Legal guardian;
3. Spouse;
4. Child; or
5. Sibling.
"Resident handbook" means a booklet that is provided to juveniles which contains site-specific secure facility rules and procedures and information about services and programs. A resident handbook may also mean a handbook specific to a unit within a secure facility when identified as such.
"Room restriction" means confining a juvenile for disciplinary or administrative reasons, either in the room in which he or she usually sleeps, or in a room in a program separation unit.
"Secure facility" means any Commission facility which houses juveniles and employs custody personnel (N.J.S.A. 52:17B-174) to provide security.
"Shift supervisor" means the [juvenile corrections officer] custody staff member responsible for the maintenance of security during a tour of duty in a secure [Juvenile] facility or [,] or secure facility satellite unit [and boot camp].
"Special observation status" means monitoring the activities, emotional status and behavior of juveniles who are identified as emotionally troubled, mentally disturbed or otherwise deemed likely to inflict physical injury or death upon themselves.
"Strip search" means a thorough and systematic examination of an unclothed person's body and orifices, including visual inspection of external genital and anal areas, as well as the person's clothing and all personal possessions.
"Substantial risk" means, with respect to the discharge of a firearm, that there exists some risk of an unintended outcome. It exists when a custody staff officer disregards a foreseeable likelihood that innocent persons will be endangered.
"Superintendent" means the chief executive officer of [any] a secure [Juvenile] facility [in the New Jersey Juvenile Justice Commission].
"Temporary close custody" means the non-punitive removal of a juvenile from his or her regularly assigned housing and to a close custody or other designated housing unit for a period not to exceed 72 hours, for purposes of special observation or investigation.
"Treatment Team" means the committee in a secure facility responsible for conducting disciplinary proceedings ( see N.J.A.C.13:10-6.1),
"Truck mail" means interoffice mail that is exchanged among Commission facilities, units and the Commission Central Office. Truck mail does not include mail sent by the United States Postal Service.
"Unusual incident or event" means any occurrence that has the potential of jeopardizing or disrupting the secure and orderly operation of a secure facility, including, but not limited to, escape or attempted escape, homicide or attempted homicide, suspicious death, serious injury to juvenile or staff member, suicide or suicide attempt, serious threat to the life of a juvenile or group of juveniles, taking of a hostage, riot, melee, acute medical emergency, use of a weapon or other use of force, introduction into the facility of a controlled substance, use of a controlled substance, commission of a crime, staff work stoppage, fire or natural disaster, and failure of heating, ventilation and air conditioning (HVAC), power, plumbing or other major mechanical systems.
13:95-1.4 Forms
(a) The following forms related to secure facilities shall be reproduced by each facility from originals that are made available through the office of the Director of Custody Operations:
1. J156-I Oath of Office;
2. J171-I Seizure of Contraband Report;
3. J171-II Juvenile Receipt, Contraband Seizure;
4. J171-III Notice of Decision on Appeal, Contraband Seizure (Non-Disciplinary)
5. J173-I Placement In Keep Separate Status;
6. J173-II Removal From Keep Separate Status;
7. J173-III Transfer of Keep Separate Status juvenile;
8. J285-II Prohibited Substance Testing Request Summary;
9. J301 Use of Force Report Form;
10. Trip Authorization Form
11. J146-I Voluntary-Protective Custody Consent;
12. J146-II Notice of Protective Custody Hearing-Involuntary;
13. J146-III Protective Custody Hearing Adjudication;
14. J146-IV Protective Custody Release;
15. J360-I Remedial Action Plan Report;
16. JJC CO-1 Notice of Special Observation Status;
17. JJC CO-2 Notice of Change in Special Observation Status;
18. JJC CO-3 Special Observation Status Monitoring Report;
19. JJC CO-4 Daily Observation Status Monitoring Report;
20. JJC CO-5 Release from Special Observation Status;
21. JJC CO-6 Disciplinary Report from Mental Health Services;
22. Form 101-Request to Transfer to the New Jersey Department of Corrections;
23. J292-I Request for Attorney-Client Contact Visit; and
24. J081 Special Classification Request Form.
13:95-[1.4] 1.5 Confidentiality of information
All information contained in the master lists or reports maintained or submitted by employees of the Commission pursuant to the requirements of [this chapter] N.J.A.C. 13:95-3 and 4 shall be confidential and such master lists and reports shall not be subject to public inspection or copying pursuant to the ["Right to Know Law,"] Open Public Records Act, N.J.S.A. 47:1A-1 et seq.
SUBCHAPTER 2. KEEP SEPARATE STATUS
13:95-2.1 Recommending placement of a juvenile in keep separate status
(a) Any staff person may recommend that a juvenile be placed in keep separate status.
(b) The staff person recommending that a juvenile be placed in keep separate status shall complete the recommendation section of Form J173-I Placement in Keep Separate Status, and submit Form J173-I to the Superintendent indicating the reason(s) for the recommendation.
(c) The Superintendent may order an immediate investigation be undertaken by the Office of Investigations and that a report of that investigation be submitted as soon as possible, but in no event more than one week after the request has been made, determining whether the information received is accurate and placement of the juvenile in keep separate status is warranted.
13:95-2.2 Authorization of placement of juvenile in keep separate status
(a) The Superintendent or designee shall authorize the placement of a juvenile in keep separate status in instances when the Superintendent or designee determines that such placement is warranted for safety of the juvenile, for the maintenance of security or for the orderly operation of the secure facility.
(b) If the Superintendent or designee authorizes that a juvenile be placed in keep separate status, the completed Form J173-I, along with supporting documents, shall be forwarded to:
1. The Facility Classification Office to be filed in the juvenile's classification folder; and
2. The secure facility housing the other juvenile(s) involved in this assignment of keep separate status.
(c) A "Keep Separate" notation should be prominently placed on the outside cover of the juvenile's institutional classification folder and in the appropriate files within the computerized juvenile information record keeping system.
13:95-2.3 Procedures for tracking transfers of juveniles in keep separate status
(a) A classification committee shall authorize the transfer of a juvenile in keep separate status to another secure facility when such transfer is determined to be warranted and appropriate. Emergency transfer procedures shall be followed in accordance with N.J.A.C. 13:100.
(b) Prior to the transfer of any juvenile in keep separate status, the Facility Classification Office shall:
1. Use the Commission's Juvenile Information Management System to confirm the juvenile's current location and the current location of other correlated juveniles in keep separate status;
2. Complete Form J173-III Transfer of Keep Separate Status for the juvenile who is to be transferred;
3. Advise by telephone and fax a copy of Form J173-III to the Superintendent of each secure facility housing the other correlated keep separate status juvenile(s); and
4. Forward, within three days, a hard copy of Form J173-III to each secure facility housing the other correlated keep separate status juvenile(s).
(c) The original Form J173-III along with supporting documentation, shall be filed in the chronological section of the transferred juvenile's classification folder and shall be attached to Form J173-I. A copy of Form J173-III shall be added to the chronological section of each correlated juvenile's classification folder, and shall be attached to Form J173-I.
(d) Information recorded on Form J173-III shall be entered and maintained on a computerized bed-check or comparable system, in order to ensure that separation of juveniles on keep separate status is maintained at all times.
13:95-2.4 Recommending removal from keep separate status
(a) Any staff person may recommend that a juvenile be removed from keep separate status.
(b) Any staff person recommending that a juvenile be removed from keep separate status shall complete the removal recommendation section of Form J173-II Removal From Keep Separate Status, and submit Form J173-II to the Superintendent indicating the reason(s) for the recommendation.
(c) The Superintendent may order that an investigation be undertaken by the Office of Investigations and a report of that investigation be submitted determining whether the information received is accurate and removal of the juvenile from keep separate status is warranted.
13:95-2.5 Authorization for removal from keep separate status
(a) The Superintendent may authorize the removal of a juvenile from keep separate status when a review of the factors in the juvenile's case indicates that the keep separate status is no longer appropriate.
(b) Whenever a decision is made to remove a juvenile from keep separate status, the original Form J173-II along with the supporting documents shall be forwarded to the Facility Classification Office to be filed in the juvenile's classification folder.
(c) A copy of the removal notice Form J173-II shall be sent to the Facility Classification Office of the facility at which the other juvenile(s) involved in the keep separate status is housed.
(d) Computerized juvenile information record-keeping systems shall be updated when a decision to remove a juvenile from keep separate status has been authorized by the Superintendent.
SUBCHAPTER 3. USE OF FORCE
13:95-3.1 Custody staff member authority
(a) Custody staff members are authorized to use appropriate means to enforce secure facility rules and regulations. Such means include, but are not limited to:
1. "Constructive authority," which means authority that does not involve actual physical contact with the individual, but involves the use of the custody staff member's authority to exert control over the individual. Examples of constructive authority include, but are not limited to, verbal commands, gestures and warnings; and
2. "Physical contact," which means routine or procedural contact with an individual necessary to effectively accomplish a legitimate law enforcement objective. Examples of physical contact include, but are not limited to, holding an individual's arm while escorting the individual, handcuffing an individual, maneuvering or securing an individual for a search, and guiding the individual into a vehicle.
(b) Custody staff members are encouraged to interrupt the flow of events to help ensure that a fellow custody staff member does not resort to employing an inappropriate or excessive use of force.
(c) Custody staff members are required to report all situations in which inappropriate or excessive force is used by anyone against a juvenile.
13:95-3.2 Use of force
(a) In any case that a custody staff member uses force while on-duty, the custody staff member shall only use that force that is objectively reasonable and necessary under the totality of the circumstances as known by the custody staff member at the time force is used.
(b) A custody staff member may use the amount of force reasonably necessary to accomplish the law enforcement objective. If the individual resists, the custody staff member may increase the degree of force as necessary to accomplish the law enforcement objective, but as soon as the individual submits, the custody staff member shall reduce the degree of force used.
13:95-3.3 Non-deadly force; when justified
(a) A custody staff member may use non-deadly force against persons only under the following circumstances:
1. To protect self or others against the use of unlawful force;
2. To protect self or others against death or serious bodily harm;
3. To prevent damage to property;
4. To prevent escape;
5. To prevent or quell a riot or disturbance;
6. To prevent a suicide or attempted suicide; or
7. To enforce secure facility regulations where expressly permitted by Commission regulations or in situations where a custody staff member with the rank of Sergeant or above believes that the juvenile's failure to comply constitutes an immediate threat to security of the secure facility or personal safety.
(b) Non-deadly force includes, but is not limited to, the use of the following:
1. "Physical force" which means contact with an individual beyond that which is generally utilized to effect a law enforcement objective. Physical force is employed when necessary to overcome an individual's physical resistance to the exertion of the custody staff member's authority, or to protect persons or property. Examples of physical force include, but are not limited to, wrestling a resisting individual to the ground, using wrist locks or arm locks, striking with the hands or feet, or other similar methods of hand-to-hand confrontation; and
2. "Mechanical force" which means the use of some device or substance, other than a firearm, to overcome an individual's resistance to the exertion of the custody staff member's authority. Examples of mechanical force include, but are not limited to, the use of a baton or other object, canine physical contact with an individual, or use of a chemical or natural agent spray.
(c) Chemical or natural agent spray shall be used when appropriate to avoid having to use deadly force, and for no other purpose.
13:95-3.4 Deadly force; when deadly force is justified and when restricted; restrictions on issuance and use of firearms
(a) Deadly force includes, but is not limited to, the use of firearms and other lethal weapons.
(b) Deadly force may be used under limitations consistent with the provisions of the New Jersey Code of Criminal Justice, N.J.S.A. 2C:1-1 et. seq, and with any applicable guidelines issued by the Attorney General, under the following circumstances:
1. When the custody staff member reasonably believes that deadly force is immediately necessary to protect the custody staff member or another person from imminent danger of death or serious bodily harm.
i. Deadly force is not justifiable if the custody staff member can otherwise secure his or her complete safety or the complete safety of the protected person.
(c) Within a secure facility, a firearm shall be issued to a custody staff member only in an emergency situation and only upon the authorization of the superintendent, or a higher ranking official of the Commission.
1. Upon any such issuance of a firearm, the custody staff member shall also be issued Commission approved chemical or natural agent spray.
2. Under no circumstances shall prevention of an escape of a juvenile constitute independent grounds justifying use of deadly force
3. Where feasible, before using a firearm, the custody staff member shall attempt to identify himself or herself as a custody staff member and state his or her intent to shoot. A custody staff member shall not discharge a firearm as a signal for help or as a warning shot.
(d) The custody staff member shall not discharge a firearm if there is a substantial risk of injury to innocent persons.
(e) A custody staff member shall not engage in any vehicle pursuit. A custody staff member shall not fire his or her firearm from a moving vehicle or at the driver or occupant of a moving vehicle or engage in any vehicle contact action, such as ramming, unless the custody staff member reasonably believes that:
1. There exists an imminent danger of death or serious bodily harm to the custody staff member or another person; and
2. No other means are available at that time to avert or eliminate the danger.
(f) A custody staff member shall not fire a weapon solely to disable a moving vehicle.
(g) Whenever feasible, the custody staff member shall contact Center Control to request assistance before engaging in any use of force that reasonably could result in serious bodily harm.
(h) A custody staff member is under no obligation to retreat or desist when resistance is encountered or threatened. However, a custody staff member shall not resort to the use of deadly force if the custody staff member reasonably believes that an alternative to the use of deadly force will avert or eliminate an imminent danger of death or serious bodily harm, and achieve the law enforcement objective at no increased risk to the custody staff member or another person.
(i) A custody staff member shall not use deadly force to subdue persons whose actions are only destructive to property.
(j) Deadly force shall not be used against persons whose conduct is injurious only to themselves.
(k) The discharge of any projectile from a firearm is considered to be deadly force, including less lethal means such as, but not limited to, bean bag ammunition or rubber bullets. For that reason, these and similar less lethal means of deadly force can only be used when a custody staff member reasonably believes such action is immediately necessary to protect the custody staff member or another person from imminent danger of death or serious bodily harm.
(l) Written post orders shall govern the use of deadly force by custody staff members.
13:95-3.5 Use of force against persons other than juveniles; duties outside the secure facility security perimeter
(a) While engaged in roving patrol or other duty outside the secure facility security perimeter, appropriate force may be used against persons other than juveniles when a custody staff member observes what he or she believes to be a violation of the law and when there is also imminent peril of bodily harm to any individual or destruction of property.
(b) Whenever possible, the custody staff member shall contact Center Control to request assistance before engaging in any use of force.
(c) In situations where a violation of law is suspected, but no imminent danger is present, the custody staff member shall immediately contact Center Control.
(d) Non-deadly force may be used upon or toward persons other than juveniles only under the following circumstances:
1. To protect self or others against the use of unlawful force;
2. To protect self or others against death or serious bodily harm;
3. To thwart the commission of a crime involving or threatening bodily harm or damage to property;
4. To prevent a suicide or attempted suicide;
5. To prevent escape, or flight from arrest for a crime; and/or
6. To effect an arrest for any offense or crime.
(e) Deadly force may be used when the custody staff member reasonably believes that the person presents an imminent threat of death or serious bodily harm.
(f) The custody staff member shall not discharge a firearm if there is substantial risk of injury to innocent persons.
13:95-3.6 Use of force while off-duty
(a) Although N.J.S.A. 52:17B-174(d) authorizes custody staff members 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 not become involved with routine law enforcement duties that are under the jurisdiction of local law enforcement agencies. 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, identifying characteristics of persons involved and other relevant information, and report such information to the local law enforcement agency having jurisdiction and to the Director of Custody Operations. Custody staff should avoid stopping or detaining vehicles or persons.
(c) The utmost discretion 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 is calculated 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 in 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 and post orders promulgated in connection therewith.
13:95-3.7 Reports
(a) A custody staff member shall immediately contact his or her shift supervisor and shall complete a J301 Use of Force Report when he or she participated in, or witnessed, any incident in which:
1. A firearm was discharged outside of the firing range;
2. Physical force, mechanical force or deadly force is used;
3. An individual alleges that serious bodily harm has been inflicted; or
4. Such a report is required by either the Superintendent or the Director of Custody Operations.
(b) The J301 Use of Force Report shall contain the following information:
1. A description of the events leading up to the use of force;
2. A description of the incident;
3. The type of force used;
4. The reason(s) for employing force;
5. A list of all participants and witnesses to the incident;
6. A description of the injuries suffered, if any, and medical treatment given; and
7. Other relevant facts or comments about the incident or conduct of employees or juveniles.
(c) The shift supervisor shall forward, as soon as possible, all such reports to the Office of Investigations and the Director of Custody Operations for review. The Director of Custody Operations shall forward all reports to the Superintendent. The Superintendent shall then report the incident to the Director of Operations.
13:95-3.8 Use of mechanical restraints
(a) On authorization of the shift supervisor, mechanical restraints may be used in the following instances:
1. When transporting a juvenile from one place to another;
2. When the juvenile's history, disciplinary record, behavior or present emotional state indicates a likelihood that bodily injury to any person, damage to property or escape by the juvenile may occur; or
3. On current medical advice, to prevent the juvenile from attempting suicide, self-inflicted injury, or injury to others.
(b) Mechanical restraints shall not be used as punishment, or in any way that causes undue physical discomfort, inflicts physical pain or restricts the blood circulation or breathing of the juvenile.
(c) Mechanical restraints shall be removed promptly when the reason for their initial use has ceased to exist or has sufficiently abated.
(d) A juvenile in restraints shall be under continuous observation by a custody staff member.
13:95-3.9 Use of chemical or natural agents; storage
(a) Except when issued under the provisions of N.J.A.C. 13:95-3.4(c), chemical or natural agents shall not be used within a secure facility.
(b) Whenever chemical or natural agents are used other than in a secure facility as a means of control, custody staff members shall comply with the reporting procedures set forth in N.J.A.C. 13:95-3.7.
(c) A custody staff member shall not carry or use chemical or natural agents unless he or she has received appropriate training and semi-annual retraining in chemical or natural agent use and effects.
(d) After each instance of use, individuals who have been exposed to chemical or natural agents shall be referred to the medical staff for any necessary examination and treatment.
(e) Chemical or natural agents shall be safely stored, legibly labeled to show the chemical or natural name and expiration date, and properly inventoried to ensure security and an adequate unexpired supply.
(f) No chemical or natural agent shall be used by a custody staff member, except for those expressly approved and issued by the Commission.
13:95-3.10 Training
(a) Training in proper methods and techniques of using force and in the lawful and appropriate use of force shall be provided as part of the Basic Course for Juvenile Correction Officers provided by the Commission's Office of Training or equivalent.
(b) All security and custodial personnel shall receive semi-annual training in proper methods and techniques of using force and in the lawful and appropriate use of force. In addition to semi-annual training, retraining may be repeated as needed.
13:95-3.11 Penalties for violation
(a) Custody staff action that does not conform to the provisions of this subchapter and any internal management procedures implemented in connection with this subchapter may result in the following:
1. Disciplinary action pursuant to N.J.A.C. 4A:2;
2. Personal, civil or criminal liability;
3. Denial of indemnification; and/or
4. Refusal by the Office of the Attorney General to represent the custody staff officer.
(b) Decisions regarding (a)3 and 4 above shall be made by the Attorney General after an investigation of the facts of the case.
13:95-3.12 Secure facility internal management procedures
(a) Each secure facility shall prepare suitable written post orders and internal management procedures to govern the use of force and storage of chemical agents, consistent with this subchapter.
(b) All written post orders and internal management procedures developed in accordance with this subchapter shall be submitted to the Executive Director or designee for approval before implementation.
SUBCHAPTER 4. USE OF FIREARMS WHILE ON-DUTY AND
USE OF PERSONAL FIREARMS WHILE OFF-DUTY
13:95-4.1 Custody staff members authorized to carry firearms while on-duty
(a) Prior to being permitted to carry a firearm on-duty, custody staff members shall:
1. Have taken and successfully completed the Police Training Commission (PTC) approved basic course for State juvenile correction officers as set forth in N.J.S.A. 52:17B-66 et seq;
2. Have taken and successfully completed the firearms training course at the Commission's Office of Training; and
3. Have been sworn as peace officers by taking the oath of office.
13:95-4.2 On-duty firearms training, qualification and re-qualification
(a) As required by N.J.S.A. 2C:39-1 et seq., all custody staff members shall be initially trained and shall qualify in the use and handling of approved on-duty firearms.
(b) Custody staff members shall requalify in accordance with the New Jersey Attorney General's Semi-Annual Qualification and Re-qualification Standards for New Jersey Law Enforcement.
(c) Only those custody staff members who achieve and maintain the required level of proficiency during range qualification and re-qualification shall be authorized to possess firearms while on-duty.
(d) Once a custody staff member has qualified on his or her Commission approved firearm, the custody staff member shall receive the official State of New Jersey, Firearms Unit Weapons Card. Custody staff members shall be required to carry the weapons card, the official badge and photo identification card of the Commission while on-duty.
(e) The Director of Custody Operations, or designee, at each secure facility shall be responsible for preparing and maintaining a current list of each custody staff member authorized to carry a firearm, from a Commission-wide master list provided for that purpose by the Commission's Office of Training.
1. The master list shall be maintained by the Director of Custody Operations or designee to indicate the custody staff member's firearm qualification date (new or expired).
2. In the event that a custody staff member is assigned to a post that requires the issuance of a firearm for that custody staff member's exclusive use while on-duty, the Director of Custody Operations or his or her designee shall maintain a list that indicates the custody staff member's issued firearm, model name and number, and serial number of the firearm.
13:95-4.3 On-duty firearm
(a) The authorized on-duty firearm shall be the responsibility of the custody staff member at all times.
(b) The custody staff member shall not draw or exhibit his or her firearm except for one of the following circumstances:
1. For maintenance of the firearm;
2. To secure the firearm;
3. When commanded by the firearms staff during training exercises, range practice, qualification or re-qualification with the firearm, or by a supervisor for purposes of inspection;
4. When circumstances create a reasonable belief that it may be necessary to use the firearm in the performance of the custody staff member's duties; or
5. When circumstances create a reasonable belief that display of a firearm as an element of constructive authority will help establish or maintain control in a potentially dangerous situation in an effort to discourage resistance and ensure custody staff safety.
(c) A custody staff member, if required to carry a firearm while on-duty, shall carry his or her on-duty firearm, together with Commission approved chemical or natural agent spray, on his or her person at all times unless otherwise instructed by a superior. The firearm shall:
1. Remain in the holster while in a rest room; and
2. Not be left in a motor vehicle or other unauthorized location except when necessary, such as when a custody staff member must remove his or her on-duty firearm and another authorized staff member is unavailable to take custody of the firearm. When necessary, a firearm may be stored in a Commission approved vehicle lock box.
(d) The custody staff member entering any facility of the Commission either shall temporarily transfer custody of his or her firearm to an authorized custody staff member, or shall store his or her firearm at the main secure facility, at a Commission authorized weapons storage unit or secrete it in a Commission approved vehicle lock box.
1. Except when firearms are issued under the provisions of N.J.A.C. 13:95-3.4(c), custody staff members are prohibited from carrying a firearm into any Commission facility beyond any posted weapons prohibited area, and into any area routinely dedicated for use by juveniles, including but not limited to areas for sleeping, living, eating, recreation, training, and education.
(e) When an authorized firearm is believed to have been lost or stolen, or is otherwise missing, the custody staff member shall immediately report this fact to local law enforcement authorities and to the Center Control supervisor at the secure facility to which he or she is assigned.
(f) When a State of New Jersey Firearms Unit Weapons Card, official photo identification card or badge of the Commission is believed to have been lost or stolen, or is otherwise missing, the custody staff member shall notify the local law enforcement authorities and the Director of Custody Operations or his or her designee as soon as practicable.
(g) Pursuant to N.J.S.A. 2C:58-15, a custody staff member who knows or reasonably should know that a minor or unauthorized adult is likely to gain access to a loaded firearm at a premises under the custody staff member's control shall:
1. Store the firearm in a securely locked box or container; and
2. Secure the duty firearm with a Commission approved trigger locking device.
13:95-4.4 Personnel authorized to carry firearms while off-duty
(a) Firearms may be carried off-duty only by custody staff members holding the rank of Senior Correction Officer, Juvenile Justice and higher who:
1. Have taken and successfully completed the Police Training Commission (PTC) approved basic course for State juvenile correction officers as set forth in N.J.S.A. 52:17B-66 et seq;
2. Have qualified in the use and handling of approved off-duty firearms at the firearms training course of the Commission's Office of Training; and
3. Have been sworn as a peace officer by taking the oath of office.
13:95-4.5 Authorized off-duty firearms, ammunition, holsters and security
(a) Eligible custody staff members who are trained and meet qualification specifications shall be permitted to possess and carry one authorized firearm for off-duty use.
(b) A firearm intended for use as an off-duty weapon must have been obtained and registered pursuant to State and local laws of the State in which the custody staff member lives. Custody staff members may not loan or improperly transfer personal firearms.
(c) Only off-duty firearm makes and models approved and authorized by the Commission may be carried while off-duty.
(d) Ammunition for an off-duty firearm shall be approved and authorized by the Commission.
(e) Only shoulder, waist and ankle holsters shall be used for off-duty use. A holster must hold the firearm firmly when inverted and have no internal clips. An off-duty firearm shall be carried in the approved holster on the body. No purse holsters or holstered firearms in purses are approved.
(f) The waist holster is the only holster approved for use while qualifying with the off-duty firearm.
(g) Personnel who elect to use a shoulder or ankle holster for off-duty use shall demonstrate proficiency in the use of that holster during firearms requalification but need not qualify while using the holster.
(h) The custody staff member shall be responsible for assuming the cost of the off-duty firearm, ammunition, holsters and for maintaining his or her firearm in a safe, secure and serviceable condition.
(i) Pursuant to N.J.S.A. 2C:58-15, a custody staff member who knows or reasonably should know that a minor or unauthorized adult is likely to gain access to a loaded firearm at a premises under the custody staff member's control shall:
1. Store the off-duty firearm in a securely locked box or container; and
2. Secure the off-duty firearm with a Commission approved trigger locking device.
13:95-4.6 Off-duty firearm
(a) The authorized off-duty firearm shall be the responsibility of the custody staff member at all times.
(b) The custody staff member shall not draw or exhibit his or her firearm except for one of the following circumstances:
1. For maintenance of the firearm;
2. To secure the firearm;
3. When commanded by the firearms staff during training exercises, range practice, qualification, or requalification with the firearm; or
4. When circumstances create a reasonable belief that it may be necessary to use the firearm.
13:95-4.7 Firearm instructors
(a) Only those persons who have successfully completed a Police Training Commission (PTC) approved firearms instruction course and are PTC certified as Firearm Instructors shall instruct in the Firearms Training Program at the Commission's Office of Training.
(b) All firearms training instructors engaged by the Commission for semi-annual and re-qualification firearms training shall satisfy at least one of the following requirements:
1. Be certified by the PTC;
2. Possess training equivalent to the PTC approval firearms instructor course and are able to demonstrate a knowledge of and skill with a firearm; or
3. Have successfully completed some other recognized firearms instructor course as determined by the Executive Director.
13:95-4.8 Off-duty firearms training, qualification and re-qualification
(a) All personnel authorized by the Commission to carry firearms off-duty must be initially trained and shall qualify in the use and handling of approved off-duty firearms.
(b) Custody staff members who carry off-duty firearms shall requalify semi-annually on a range approved by the Commission.
(c) Only those custody staff members who achieve and maintain the required level of proficiency during range qualification and re-qualification shall be authorized to carry firearms while off-duty.
(d) Once an individual has qualified on his or her approved personal off-duty firearm, he or she shall receive the official State of New Jersey, Firearms Unit Weapons Card. The off-duty firearm he or she carries must be identified on the off-duty weapons card. Authorized personnel shall be required to carry their off-duty weapons card, the official badge and photo identification card of the Commission at all times while carrying their off-duty firearm.
(e) The Director of Custody Operations, or designee, at each secure facility shall be responsible for preparing and maintaining a current master list of each custody staff member authorized to carry an off-duty firearm, from a Commission-wide master list provided for that purpose by the Commission's Office of Training.
1. The master list shall indicate the custody staff member's firearms qualification date (new or expired), model name and number, and serial number of the authorized off-duty firearm.
2. Each time the custody staff member registers a firearm, the Director of Custody Operations, or designee, is responsible for comparing the firearms qualification date, firearm model name and number, and firearm serial number contained on the master list against the State of New Jersey, Firearms Unit Weapons Card accompanying the personal firearm.
(f) Should a personal firearm become unusable, stolen or unserviceable and the custody staff member selects a personal off-duty firearm different from the one originally qualified for use, he or she must requalify on the different firearm before it can be used. This qualification may be completed prior to the next semi-annual qualification period.
(g) Should the custody staff member wish to change his or her authorized personal off-duty firearm as a matter of preference, the custody staff member shall notify the Commission's Office of Training to arrange for qualification in the use and handling of his or her authorized personal off-duty firearm.
13:95-4.9 Storage of off-duty firearms while on-duty
(a) A custody staff member entering a Commission facility grounds while armed with an off-duty firearm must proceed directly to the weapons collection station of the facility. The off-duty firearm shall be turned in fully loaded, in its holster, with the State of New Jersey, Firearms Unit Weapons Card with any extra loaded magazines or speedloaders.
(b) The custody staff member must present his or her official photo identification card of the Commission when checking the firearm and authorized ammunition out of the weapons collection station.
(c) Custody staff members are prohibited from storing off-duty weapons or ammunition in their personal vehicles while on Commission property.
(d) Custody staff members assigned to secure facility satellite units must store their firearms at the main secure facility or an approved authorized weapons storage unit.
(e) An off-duty firearm shall be checked in and out on the custody staff member's own time. It is the custody staff member's responsibility to allow sufficient time for this procedure so that he or she will be on time to work.
(f) Under no circumstances may any Commission employee carry an off-duty firearm into a weapons prohibited area of any Commission facility, or into any area routinely dedicated for use by juveniles, including, but not limited to, areas for sleeping, living, eating, recreation, training, and education. Personally owned firearms shall not be carried or used while on-duty except when authorized by the Superintendent and approved by the Director of Operations. In those instances, only firearms approved by the Commission may be used by qualified custody staff members.
13:95-4.10 Unauthorized use of personal weapons while off-duty
(a) A custody staff member shall not be authorized to carry an off-duty firearm in the following instances:
1. Where N.J.S.A. 2C:39-7 (Persons Convicted of Certain Crimes) is applicable;
2. When a custody staff member has been suspended from duty for any violation by the Superintendent or a higher official of the Commission;
3. When there are pending charges or ongoing investigations of alleged incidents involving the misuse of a firearm;
4. When otherwise prohibited by law or regulation; or
5. Any other situation where the Superintendent or Director of Custody Operations, or their designee, may exercise their authority to withdraw off-duty firearms privileges, subject to the review of the Director of Operations, Deputy Executive Director, or Executive Director.
(b) In any of the instances in (a) above, the State of New Jersey, Firearms Unit Weapons Card shall be turned in to the Superintendent or Director of Custody Operations, or their designee.
13:95-4.11 Possession of firearms within a casino or casino simulcasting facility
Pursuant to N.J.A.C. 19:45-1.13, a custody staff member shall not possess or be permitted to possess a firearm within a casino or casino simulcasting facility.
13:95-4.12 Reporting incidents
(a) When a custody staff member believes, or has reason to believe, that an authorized off-duty firearm or ammunition is lost, stolen, or is otherwise missing, the custody staff member shall immediately report this fact to the local law enforcement authorities and to the Center Control supervisor at the secure facility to which he or she is assigned.
(b) As soon as practicable, when a State of New Jersey, Firearms Unit Weapons Card, official photo identification card or badge of the Commission is believed to have been lost or stolen, or is otherwise missing, the custody staff member shall notify the local law enforcement authorities and Director of Custody Operations, or his or her designee.
(c) Except as outlined in N.J.A.C. 13:95-4.6(b)1 through 3, the custody staff member shall immediately and without exception report to the local law enforcement authorities and to either the Superintendent or Director of Custody Operations or their designee the occurrence of any of the following:
1. Any incident where the custody staff member displayed, drew or fired his or her off-duty firearm; or
2. Any incident or injury which occurred from the use of the custody staff member's firearm.
(d) No later than the next working day after any incident as described in this section, the custody staff member shall report in writing to the Superintendent or Director of Custody Operations or their designee the incident and identifying particulars of the incident. The Superintendent or Director of Custody Operations or their designee shall then forward the report for review to the Executive Director or designee, the Director of Operations, and the Office of Investigations.
(e) The custody staff member shall, within three days, report to the secure facility Superintendent or Director of Custody Operations or their designee in writing whenever a registered authorized off-duty firearm has been sold, transferred to another person or is no longer in use.
13:95-4.13 Penalties for violation
(a) Custody staff member actions which do not conform to the provisions of this subchapter and any post orders or internal management procedures implemented in connection with this subchapter may result in the following:
1. Disciplinary action pursuant to N.J.A.C. 4A:2;
2. Personal, civil or criminal liability;
3. Denial of indemnification; and/or
4. Refusal by the Office of the Attorney General to represent the custody staff member.
(b) Decisions regarding (a)3 and 4 above will be made by the Attorney General after reviewing the facts of the case.
13:95-4.14 Post orders and procedures
(a) Each secure facility shall be responsible for developing written post orders and internal management procedures consistent with this subchapter.
(b) All written post orders and procedures developed in accordance with this subchapter shall be submitted to the Executive Director or designee for approval before implementation.
SUBCHAPTER 5. SEARCHES OF JUVENILES AND FACILITIES
13:95-5.1 Purpose
Secure facilities and juveniles may be searched as provided by this subchapter for the purpose of controlling and deterring the introduction and concealment of contraband. The definition of contraband and all procedures for disposition of contraband set forth in N.J.A.C. 13:95-6, Contraband and Disposition of Contraband, are fully applicable to this subchapter.
13:95-5.2 Search plan
(a) Each secure facility shall develop and implement a comprehensive written plan governing routine and random searches of facilities and juveniles. Each plan shall be submitted to the Office of the Executive Director for review and approval on or before February 15 of each year.
(b) Each secure facility shall appoint a custody staff member, of a rank no less than Lieutenant, as Institutional Search Plan Coordinator.
(c) The Institutional Search Plan Coordinator shall submit monthly data to the Superintendent. The data shall include, but not be limited to, information regarding searches completed and contraband recovered. The reported data shall be included in the Superintendent's Monthly Report.
13:95-5.3 Searches of juveniles and facilities
(a) All secure facility housing, work, educational, training, visitation and other areas to which juveniles have access shall be searched thoroughly for contraband on a routine, continuing basis. Searches shall be unannounced and irregularly timed, and may be limited to a specific building or area.
(b) Procedures to be utilized in conducting searches shall be as set forth in an internal management document prepared by each secure facility Superintendent or designee to be promulgated pursuant to the search plan required by N.J.A.C. 13:95-5.2. Such procedures may provide that a juvenile may be excluded from entry into an area being searched to facilitate the safe and effective performance of the search.
(c) Searches of juveniles shall be conducted in a professional and dignified manner, with maximum courtesy and respect for the juvenile's person, and under sanitary conditions.
(d) No juvenile shall be searched as punishment or discipline.
13:95-5.4 Inspection of security devices
(a) All bars and sashes, locks, windows, doors, lock boxes and other security devices shall be inspected daily to detect any tampering or defect.
(b) Emergency keys shall be checked at least once every calendar quarter to determine that they work properly.
(c) Inspections of security devices shall be conducted continuously and systematically but scheduled to avoid an observable or predictable routine. The results of all inspections shall be submitted in writing to the shift supervisor for review by the Director of Custody Operations.
13:95-5.5 Use of scanning/testing devices
(a) Searches of juveniles, areas and objects by the use of scanning/testing devices may be done routinely and randomly where necessary for security purposes. This may be, but is not limited to, a walk-through device or a handheld device which is passed over the fully clothed body of the juvenile. A scanning/testing device may also be utilized in conjunction with a strip search.
(b) Scanning/testing device searches of juveniles may be conducted by male or female custody staff members or scanning/testing device operators subject to the limitations set forth for strip searches and body cavity searches in N.J.A.C. 13:95-5.7 and 5.8.
13:95-5.6 Pat search
(a) A pat search shall be conducted while the juvenile is fully clothed. A pat search includes both the touching of the juvenile's body through clothing, including hair, dentures, etc., and a thorough examination into pockets, cuffs, seams, etc., and all personal property in the juvenile's possession.
(b) Pat searches of juveniles may be conducted at any time in the following circumstances:
1. Prior to the departure or return of the juvenile to or from any area where the juvenile has had access to dangerous or valuable items;
2. Prior to entering or departing the visiting room; or
3. Under any other circumstances where conditions indicate a need for such searches, as, for example, upon departure of juveniles from kitchen or dining areas.
(c) In addition to the foregoing routine searches, a pat search may be conducted at any time when there is a reasonably clear indication that the juvenile is carrying contraband. Factors which may form the basis for such search may include:
1. Personal observations of activities or conditions which may be interpreted in light of the custody staff member's experience and knowledge of the juvenile as indicating the possession of contraband; or
2. Information received from a third party who is believed to be reliable.
(d) Pat searches shall be conducted by custody staff members of the same gender as the juvenile, except in emergency situations when ordered by the Superintendent, Assistant Superintendent or the highest ranking custody supervisor on duty.
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 record-keeping 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.
13:95-5.8 Body cavity searches of juveniles
(a) A body cavity search shall not be conducted on a juvenile unless:
1. The highest ranking custody staff member on duty is satisfied that a reasonable suspicion exists that contraband will be found in the juvenile's body cavity; and
2. Approval for the specific search has been granted by the Superintendent or designee.
(b) In the event the highest ranking custody staff member on duty has reasonable suspicion to believe that contraband is being concealed in the juvenile's body cavity, the juvenile shall immediately be escorted to the infirmary or comparable facility of the secure facility and ordered to remove the contraband. The highest ranking custody staff member on duty shall advise the juvenile that medical assistance is available to the juvenile for removal of the contraband.
(c) The health care provider at the secure facility shall provide assistance to the juvenile under the following conditions:
1. The juvenile has requested assistance from the health care provider staff in order to remove the contraband from the juvenile's body cavity; or
2. If during or after removal of the contraband by the juvenile, the health care provider staff determines that the juvenile is in need of medical assistance, medical treatment shall be rendered to the juvenile unless the juvenile refuses such treatment.
(d) If the juvenile refuses to remove the contraband from his or her body cavity, the juvenile shall receive appropriate disciplinary charges and shall be:
1. Isolated and kept under constant visual surveillance until the contraband is eliminated from the juvenile's body cavity; or
2. Transported to an outside hospital or medical facility for removal of the contraband, if necessary for the well being of the juvenile, or the safe, secure and orderly operation of the secure facility. The health care provider staff at the secure facility shall make the necessary arrangements with the outside hospital or medical facility for any procedures that are necessary for the safe removal of the contraband.
(e) If the suspected contraband cannot be removed from the juvenile's body cavity without the use of force, a court order may be sought if the following circumstances exist:
1. The juvenile cannot be confined to a dry room until the contraband is eliminated from the juvenile's body, because the nature of the suspected contraband presents a safety or security risk to the juvenile, staff, other juveniles or the facility; or
2. Suspected contraband has been secreted in a juvenile's vaginal cavity, the juvenile has been confined to a dry room for a 48-hour time period, and the juvenile continues to refuse to remove the contraband with or without the assistance of a health care professional.
(f) Any request for a court order must be approved by the Executive Director or designee. If approval by the Executive Director or designee has been granted, the Superintendent or designee of the secure facility in which the juvenile is housed shall contact the Division of Law. The Superintendent or designee shall provide the assigned Deputy Attorney General with a sufficient factual basis for concluding that a court order is necessary, in accordance with the criteria in (e) above.