N.J. Admin. Code § 13:96-6.4
Current through Register Vol. 56, No. 19, October 7, 2024
Section 13:96-6.4 - Deadly force; when justified and when restricted(a) Deadly force includes, but is not limited to, the use of firearms and other lethal weapons.(b) Deadly force may be used as described herein under limitations consistent with the provisions of the New Jersey Code of Criminal Justice, 2C:1-1 et seq., and in accordance with any applicable guidelines issued by the Attorney General under the following circumstances: 1. When the juvenile parole officer reasonably believes that deadly force is immediately necessary to protect the juvenile parole officer or another person from imminent danger of death or serious bodily harm. i. Deadly force is not justifiable if the juvenile parole officer can otherwise secure his or her complete safety or the complete safety of the protected person.2. Under no circumstances shall prevention of an escape of a juvenile constitute independent grounds justifying use of deadly force.(c) Where feasible, before using a firearm, the juvenile parole officer shall attempt to identify himself or herself as a juvenile parole officer and state his or her intent to shoot. A juvenile parole officer shall not discharge a firearm as a signal for help or as a warning shot.(d) The juvenile parole officer shall not discharge a firearm if there is a substantial risk of injury to innocent persons.(e) A juvenile parole officer shall not engage in any vehicle pursuit. A juvenile parole officer 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 juvenile parole officer reasonably believes that: 1. There exists an imminent danger of death or serious bodily harm to the juvenile parole officer or another person; and2. No other means are available at that time to avert or eliminate the danger.(f) A juvenile parole officer shall not fire a weapon solely to disable a moving vehicle.(g) Whenever feasible, the juvenile parole officer shall contact central communications to request assistance before engaging in any use of force that reasonably could result in serious bodily harm.(h) A juvenile parole officer is under no obligation to retreat or desist when resistance is encountered or threatened. However, a juvenile parole officer shall not resort to the use of deadly force if the juvenile parole officer 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 juvenile parole officer or another person.(i) A juvenile parole officer 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 juvenile parole officer reasonably believes such action is immediately necessary to protect the juvenile parole officer or another person from imminent danger of death or serious bodily harm. N.J. Admin. Code § 13:96-6.4
Recodified from 13:96-3.4 53 N.J.R. 2231(a), effective 12/20/2021