TRENTON—The New Jersey Department of Corrections unit responsible for investigating alleged abuse and misconduct within state prisons often failed to conduct thorough and fair investigations, according to a report by the Office of the State Comptroller (OSC).
The OSC examined how the Special Investigations Division (SID), the internal affairs unit within the Department of Corrections (DOC), handled allegations of assault, excessive force, and violations of the Prison Rape Elimination Act by staff against incarcerated individuals in three state prisons from January 2018 until August 2022. A review of 46 case files revealed significant deficiencies, including failures to interview eyewitnesses, loss of evidence, and lack of preliminary conclusions about whether allegations were substantiated.
Additionally, OSC identified two cases at Bayside State Prison—in 2019 and 2018—where surveillance footage indicated correctional officers appeared to use excessive force without visible provocation. In both instances, officers claimed they were threatened by incarcerated individuals. The surveillance videos lacked audio, and potential eyewitnesses were not interviewed. The involved officers did not face any disciplinary actions.
“"Often these investigations were not real investigations,"” said Acting State Comptroller Kevin Walsh. “"Some investigators were clearly just going through the motions. It’s also possible some were using their positions to protect one of their own and prevent accountability."”
The OSC initiated its investigation following complaints about SID's investigative quality and record-keeping practices. The review included case files from New Jersey State Prison, East Jersey State Prison, and Bayside State Prison; recorded interviews; available surveillance footage; medical records; other documents; and interviews with DOC officials.
In 22 percent of cases reviewed, investigators did not take basic steps such as interviewing eyewitnesses. Key evidence was missing in 13 percent of cases. Of the 38 cases involving correctional officers, only two resulted in officer discipline.
The two Bayside State Prison cases highlighted improper investigations. In one instance from 2019, a corrections officer punched an incarcerated person multiple times before wrestling him to the ground. In another case from 2018, an officer used pepper spray on an incarcerated individual. Both officers justified their actions by alleging threats that were not corroborated by video evidence or witness testimonies.
In these incidents, nearby witnesses who might have heard alleged threats were not interviewed. The reports contained scant details or failed to summarize surveillance footage adequately. For example, in one case file from 2019, it was unclear if the investigator had even watched the video footage.
In both instances at Bayside State Prison, while incarcerated individuals faced disciplinary charges—including administrative segregation—the involved officers did not face similar consequences.
During interviews with OSC officials after reviewing these findings, investigators admitted deficiencies in their work and acknowledged that witnesses should have been interviewed. One investigator expressed a sense of futility regarding conducting thorough investigations due to perceived solidarity among officers.
OSC made 11 recommendations for improvement which included reopening and reexamining the two Bayside cases and engaging an independent monitor to review SID’s case files across other DOC facilities.
During OSC’s investigation period, DOC reported adopting new policies such as outfitting correctional officers with body-worn cameras that include audio recording capabilities.
“"Some of these changes are a step in the right direction,"” said Walsh.“"But more robust reforms are needed to change the culture and ensure investigations of misconduct and abuse are independent, fair,and thorough."”
OSC has referred its findings to the Office of the Corrections Ombudsperson for further oversight aimed at protecting incarcerated people's safety and well-being.
