Searches

Normal Search Procedures

Except at correctional camps, each person entering a facility shall pass through a metal detector.

If there is any difficulty clearing a visitor by use of the walk-through metal detector, a hand frisker shall be used to identify the problem area.

If the hand scanner fails to locate the source of the problem or the employee feels that there is probable cause for further processing proceed as set forth in 'Strip Searches' below, even if the visitor offers to voluntarily remove items of clothing other than coat, hat, or shoes.

Handbags, briefcases, or other containers shall be searched.

Items not permitted in the facility shall be properly identified and stored or placed in available lockers until the visitor leaves the facility.

Upon surrender of contraband, the visitor shall be given a receipt for the article. When such person leaves the facility, the item will be returned upon surrender of the receipt. If, however, there is reasonable grounds to believe that the possession of the article would constitute an offense under any law, the contraband shall not be returned to the visitor. Instead, the employee shall detail the visitor in the facility and notify the appropriate law enforcement agency.

Contraband shall not be deemed unlawfully introduced by a visitor into a correctional facility if the contraband is voluntarily surrendered by the visitor to an employee in the visitor reception area of the facility.

When undeclared contraband is found, the visitor's intent shall be controlling. At times, innocent oversights will occur (i.e., medication). Officers should use their discretion in judging whether the visitor intentionally attempted to introduce contraband into the facility. Criteria to be considered include past history, the visitor's demeanor, whether it appears that the contraband was for the visitor's personal use and was inadvertently left in a pocket or handbag, and whether an effort was made to conceal the contraband where it would not readily be found.

Strip Searches

If a visitor to a correctional facility has complied with the aforementioned processes and the officer in charge believes further processing is required to prevent the introduction of contraband into the facility, the visitor shall be asked to remain in the gate area. The officer in charge shall contact his immediate superior.

If, after evaluating the situation, the supervisor determines that further processing is warranted, the Superintendent or his designee in charge of the facility shall be notified and shall make the determination as to whether a strip search is warranted.

In order to justify a strip search of a particular visitor, the Superintendent or his designee, must point to specific objective facts and rational inferences that he is entitled to draw from those facts in light of his experience. In other words, the Superintendent must have reasonable cause to believe that contraband is concealed upon the person of the visitor. Generalized suspicion of smuggling activities is insufficient.

Strip searches may not be ordered based on uncorroborated tips merely stating that visitors would attempt to introduce contraband into a facility where the informant's reliability cannot be assessed and observations of visitors upon arrival at the facility do not contribute to reasonable suspicion of contraband. Reasonable suspicion exists only if the tip can be linked to another objective fact.

If a visitor refuses to submit to a strip search the visit may be denied by the Superintendent or his designee. In the alternative, a non-contact visit may be allowed in the discretion of the Superintendent if sufficient staff and a non-contact visiting area is available.

• Guilt is not to be assumed from a visitor's refusal to submit to a strip search.
• Future visits may not be denied solely on the basis of refusing to submit to a strip search.
• A visitor's past refusal to submit to a strip search may not be used as a reason for future strip searches.

If a visitor submits to a strip search, the supervisor must obtain his/her written consent on Form #2061, Notice of Consent to Search. In the case of a minor child, the consent must be given by a parent, guardian, or a person in an official capacity regarding such minor.

Strip searches shall be conducted in locations heated to a level of human comfort for disrobed persons.

Strip searches shall be conducted by an officer of the same sex as the visitor being searched.

In performing strip searches, officers shall conduct themselves professionally. Officers shall be alert to the sensitive nature of the strip search and conduct such searches in a manner least degrading to all involved while fulfilling the objective of the search.

In an unusual circumstance when the visitor to be strip searched is a minor child, the parent, guardian, or person in an official capacity who has escorted the minor to the facility shall be requested to be present and, at the discretion of the officer, may participate in the strip search.

If at any time during the procedure the minor objects to the strip search, the procedure shall be terminated immediately.