N.J. Admin. Code § 10A:5-4.1

Current through Register Vol. 56, No. 21, November 4, 2024

Section 10A:5-4.1 - Emergency Confinement

(a) An inmate may be placed in Emergency Confinement for a period not to exceed 24 hours when the Administrator, or designee, determines that it is necessary to reduce a substantial risk to the inmate or others, or as evidenced by recent conduct.

(b) Criteria for placement in Emergency Confinement are:

1. When there is reasonable belief the confinement is necessary to reduce a substantial risk of imminent serious harm to the inmate or others as evidenced by recent conduct;

2. That the inmate's presence in general population poses a danger to the inmate, staff, other inmates, or the public; or

3. When there is clear and convincing evidence that the inmate has committed a violation of a prohibited act listed at N.J.A.C. 10A:4-4.

(c) An inmate held in Emergency Confinement in a State correctional facility shall receive a personal and comprehensive medical and mental health evaluation immediately prior to placement in Emergency Confinement by a clinician. Reports of these evaluations shall be immediately provided to the facility Administrator.

(d) An inmate shall not be placed in Emergency Confinement for non-disciplinary reasons.

(e) An inmate, including a member of the vulnerable population, may be placed in Emergency Confinement for a period not to exceed 24 hours. Additionally, members of the vulnerable population who have been removed from general population due to receiving a disciplinary charge may be placed in Emergency Confinement, pending transfer to a Restorative Housing Unit. Absent exigent circumstances, these transfers should take place within 20 hours of placement in Emergency Confinement.

N.J. Admin. Code § 10A:5-4.1

Adopted by 53 N.J.R. 719(a), effective 5/3/2021

Amended by 54 N.J.R. 2393(a), effective 12/19/2022