New Jersey Administrative Code
Title 10A - CORRECTIONS
Chapter 3 - SECURITY AND CONTROL
Subchapter 5 - SEARCHES OF INMATES AND FACILITIES
Section 10A:3-5.8 - Body cavity searches of an inmate(s)
Current through Register Vol. 56, No. 6, March 18, 2024
(a) A body cavity search shall be conducted on an inmate when the custody staff member in charge is satisfied that a reasonable suspicion exists that contraband will be found in the inmate's body cavity.
(b) In the event the custody staff member in charge has reasonable suspicion to believe that contraband is being concealed in the inmate's body cavity, the inmate shall immediately be escorted to the infirmary of the correctional facility and ordered to remove the contraband. The custody staff member in charge shall advise the inmate that medical assistance is available to the inmate for removal of the contraband.
(c) The health care provider at the correctional facility shall provide assistance to the inmate under the following conditions:
(d) If the inmate refuses to remove the contraband from his or her body cavity, the inmate shall receive appropriate disciplinary charges and shall be:
(e) If the suspected contraband cannot be removed from the inmate's body cavity without the use of force, a court order may be sought if the following circumstances exist:
(f) Any request for a court order must be approved by the Commissioner or designee. If approval by the Commissioner or designee has been granted, the Administrator or designee of the correctional facility in which the inmate is housed shall contact the Division of Law. The Administrator 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.
(g) The custody staff member in charge shall prepare a written report of the results of a body cavity search that shall be made part of the inmate's record and shall include, but is not limited to, the following information:
(h) The correctional health care providers shall document the medical assistance rendered or offered to the inmate in the inmate's Electronic Medical Record and/or the Medical Reference File. The documentation shall include, but is not limited to, the following:
(i) If the inmate has been transported to an outside hospital or medical facility, the health care provider staff of the correctional facility shall ensure that a report is made by the outside hospital or medical facility. This report, together with the report of the custody staff member in charge, shall be entered into the inmate's Electronic Medical Record and/or the Medical Reference File. The report from the hospital or medical facility health care provider staff shall include, but is not limited to, the following: