N.J. Admin. Code § 13:95-3.4

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

Section 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, 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.

N.J. Admin. Code § 13:95-3.4