New Jersey Administrative Code
Title 10A - CORRECTIONS
Chapter 3 - SECURITY AND CONTROL
Subchapter 1 - GENERAL PROVISIONS
Section 10A:3-1.3 - Definitions
The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise:
"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. The threatened harm does not have to be instantaneous, for example, imminent danger may be present even if an individual is not at that instant pointing a weapon at another individual, but is carrying a weapon and running for cover.
"Reasonable belief' means an objective assessment based upon an evaluation of how a reasonable staff member with comparable training and experience would react to, or draw inferences from, the facts and circumstances confronted and known by the staff member at the scene.
"Roving patrol" means observation of the outer perimeter of a facility by making rounds at intervals on foot or in a vehicle.
"Substantial risk" means any discharge of a firearm that entails some risk of an unintended outcome. A substantial risk exists when a custody staff member disregards a foreseeable likelihood that innocent persons will be endangered. An example of substantial risk is firing a weapon into a confined space (such as a room or vehicle) occupied by innocent persons and exposes those persons to a substantial risk of harm.
"Trigger locking device" or "locking device" means a device that, if installed on a firearm and secured by means of a key or mechanically, electronically or electromechanically operated combination lock, prevents the firearm from being discharged without first deactivating or removing the device by means of a key or mechanically, electronically or electromechanically operated combination lock.
