N.J. Admin. Code § 10A:3-3.3

Current through Register Vol. 56, No. 18, September 16, 2024

Section 10A:3-3.3 - Non-deadly force; when justified

(a) The Department of Corrections justifies the use of 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 correctional facility regulations where expressly permitted by Department of Corrections regulations or in situations where a custody staff member with the rank of Sergeant or above believes that the inmate's failure to comply constitutes an immediate threat to correctional facility security 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.

N.J. Admin. Code § 10A:3-3.3

Recodified from 10A:3-3.2 and amended by R.1997 d.41, effective 1/21/1997.
See: 28 New Jersey Register 4840(a), 29 New Jersey Register 356(a).
Substantially amended section. Former rule recodified to N.J.A.C. 10A:3-3.8.
Recodified from N.J.A.C. 10A:3-3.5 and amended by R.2002 d. 171, effective 6/3/2002.
See: 34 New Jersey Register 962(a), 34 New Jersey Register 1908(a).
In (a)7, substituted "a custody staff member" for "an officer" preceding "with the rank"; rewrote (b). Former N.J.A.C. 10A:3-3.3, On-duty firearm, recodified to N.J.A.C. 10A:3-4.3.