Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a)
Any person coming onto the property of an institution or facility shall be
subject to inspection as necessary to ensure institution or facility security
including prevention of the introduction of contraband. Inspections may include
a search of the visitor's person, personal property and vehicle(s) when there
is reasonable suspicion to believe the visitor may be attempting to introduce
or remove contraband or unauthorized items or substances into, or out of, the
institution or facility.
(b)
Visitors shall not be forcibly searched unless institution/facility officials
possess a court issued warrant to conduct the search, or are being detained for
unlawful actions or activities in accordance with section
3292.
(c) Visitors shall be required to submit to
contraband and/or metal detection device(s) and/or electronic drug detectors
including, but not limited to, ION scanners and other available contraband
and/or metal detecting device(s) technology, and a thorough search of all
personal items, including inspection of a wheelchair, implant, prosthesis or
assistive devices prior to being allowed to visit with an incarcerated person.
Visitors shall be subject to search by passive canines as follows:
(1) Any person coming onto the grounds of any
department facility is subject to search by a department canine as part of the
department's drug interdiction program.
(2) Direct Search of Visitors using Passive
Alert Canines.
Prior to beginning the search of visitors using passive
alert canines, the Search Operations Commander or designee shall be responsible
for determining if the search will be of all visitors entering or exiting an
area, or only those selected on a random basis. The random selection method
shall be documented on the Canine Air Scan Results Log prior to the
commencement of the searches. The random pattern shall not be altered unless
approved by the Search Operations Commander.
(A) The canine handler shall make a courteous
Visitor Search Announcement informing the visitor(s) that he/she is conducting
passive canine air scan searches of visitors using passive alert canines and
that the purpose of the scan is to detect illegal drugs.
(B) The canine handler shall advise the
visitor he/she is going to conduct a passive canine air scan search of the
visitor. All visitors, including attorneys or legal organizations as identified
in section
3141(c)(9) and
employees of other government agencies, shall be informed that:
(1) he/she does have the right to refuse the
search, and
(2) any visitor who
refuses to be searched in this manner shall be denied contact visiting but
shall be authorized for a non-contact visit if available on that same
day.
(C) The visitor
shall be directed to not interact with the canine in any way.
(D) While inadvertent contact is a
possibility, the handler shall not instruct the canine to contact the
visitor.
(E) If the visitor seems
excessively nervous, the handler shall attempt to reassure the visitor that the
procedure is safe.
(3)
Results of a Canine Search for Visitors Not Identified in Section
3410.2.
(A) If the canine does not give a positive
canine alert during an air scan search of a visitor, the visitor shall be
permitted to resume his/her visitor processing.
(B) If the canine does alert during an air
scan search of the visitor, the visitor shall be informed that he/she shall be
required to submit to a clothed body search as a condition of a non-contact
visit. Subsequently, if the clothed body search is negative for contraband, the
visitor shall continue with processing into the non-contact visiting area.
However, if the clothed body search results in the discovery of contraband, the
visitor shall be denied entrance to the facility and may be subject to arrest
and referral for criminal prosecution. If the visitor refuses to consent to a
clothed body search, visiting shall be denied for the day. All positive alerts
by Electronic Drug Detection Equipment (EDDE)/passive canine air searches,
refusals to submit to clothed body searches after a positive alert, and/or
refusals to participate in the drug interdiction process shall be recorded on
the SOMS visiting record. However, refusals to participate in a passive canine
air scan search shall not be recorded on the SOMS visiting record. A visitor
shall be informed that he/she shall be subject to the following:
1. A visitor who refuses to submit to a
passive canine air scan search shall be informed that they have the option of a
non-contact visit if space is available on that same day. The visitor shall be
required to submit to a clothed body search as a condition of a non-contact
visit. If the results of the search are negative for contraband, the visitor
shall continue with processing for a non-contact visit. If the visitor refuses
to consent to a clothed body search, visiting shall be denied for that day.
A visitor who refuses to participate in a drug
interdiction process by not pressing the Randomizer button; refusing to be
scanned by an EDDE device; or refusing to submit to a clothed body search after
a positive EDDE scan/passive canine air scan alert for the first time in a
twelve (12) month period shall be denied a visit for that day. Upon the
visitor's second attempt to visit within a twelve (12) month period, the
visitor shall not have the option of being randomly selected to participate in
the drug interdiction process occurring on that day. However, any visitor who
refuses to be searched by a passive canine, shall be denied contact visiting,
but shall be authorized a non-contact visit if space is available for that same
day. If the institution is not conducting a drug interdiction process, the
visitor will be allowed a contact visit consistent with departmental
policies.
2. A visitor who
refuses to participate in a drug interdiction process by not pressing the
randomizer button; refusing to be scanned by an EDDE devise; or refusing to
submit to a clothed body search after a positive EDDE scan/passive canine air
scan alert for the second time in a twelve (12) month period shall be denied a
visit for that day. Upon the visitor's third attempt to visit within a twelve
(12) month period, the visitor shall not have the option of being randomly
selected to participate in the drug interdiction process occurring on that day.
However, any visitor who refuses to be searched by a passive canine shall be
denied contact visiting, but shall be authorized a non-contact visit if space
is available for that same day. If the institution is not conducting a drug
interdiction process, the visitor will be allowed a contact visit consistent
with departmental policies.
3. A
visitor who refuses to participate in a drug interdiction process by not
pressing the randomizer button; by refusing to be scanned by an EDDE device; or
by refusing to submit to a clothed body search after a positive scan by an EDDE
device scan/passive canine air scan alert for the third time in a twelve (12)
month period shall be denied a visit for that day. The institution head or
designee may issue an order to suspend the visitor from the
institution/facility within his/her jurisdiction for up to thirty days,
pursuant to CCR, Title 15, Sections
3176.1,
3176.2 and/or 3176.3. Upon the
visitor's fourth attempt to visit within a twelve (12) month period, the
visitor shall not have the option of being randomly selected to participate in
the drug interdiction process. The visitor shall participate in the drug
interdiction process occurring on that day. However, any visitor who refuses to
be searched by a passive canine shall be denied contact visiting, but shall be
authorized a non-contact visit if space is available. If the institution is not
conducting a drug interdiction process, the visitor will be allowed a contact
visit consistent with departmental policies.
4. A visitor, who refuses to participate in a
drug interdiction process by not pressing the randomizer button; by refusing to
be scanned by an EDDE device; or by refusing to submit to a clothed body search
after a positive scan by an EDDE device scan/passive canine air scan alert for
the fourth time in a twelve (12) month period, shall be denied a visit for that
day. The institution head or designee may issue an order to suspend the visitor
from the institution/facility within his/her jurisdiction for up to twelve (12)
months and refer the case to the director or designee for review of permanent
exclusion of a person from any or all institutions/facilities, pursuant to CCR,
Title 15, Sections
3176.1,
3176.2 and/or 3176.3. However, any
visitor who refuses to be searched by a passive canine shall be denied contact
visiting, but shall be authorized a non-contact visit if space is available. If
the institution is not conducting a drug interdiction process, the visitor will
be allowed a contact visit consistent with departmental policies.
(C) A visitor found in possession
of drugs and/or cell phones shall be referred to the institution's
Investigative Services Unit (ISU) for possible arrest and shall be suspended
from visiting at any CDCR facility pursuant to sections
3176.1,
3176.2, and
3176.3.
(D) Any confiscated controlled substance or
other contraband shall be handled as evidence.
(E) Whenever a canine handler finds
contraband, the find shall be reported to the on duty supervisor. The
supervisor shall determine what action shall be taken.
(F) In instances when a positive canine alert
is given, a positive EDDE alert occurs, or if drug paraphernalia is discovered
on the person of a visitor, the visitor shall be informed that he/she shall be
required to submit to an clothed body search as a condition of a non-contact
visit if available that same day.
(G) All requests for unclothed or clothed
body searches, the reason for the request, and specific facts on which the
search is based shall be documented on CDCR Form 888 (Rev. 07/24), Notice of
Request for Search, which is incorporated by reference. This form shall include
the subject's name, date, all information regarding the reason(s) for the
search excluding any confidential information as referenced in section
3321, and the signature of the
person authorizing or refusing to be searched. Should the visitor refuse to be
searched or in instances where drugs or contraband are discovered, a CDCR Form
887-B (Rev. 07/24), Notice of Visitor
Warning/Termination/Suspension/Denial/Revocation, which is incorporated by
reference, shall be completed. This form shall specify the reason(s) for the
denial of visiting and time frames for which the denial or suspension are in
effect.
(4) Positive
Canine Alert due to prescribed medications.
(A) When conducting scans of incarcerated
person visitors, there may be occasions when legitimate circumstances exist
that may result in a positive canine alert. The cause of this alert may be the
visitor's use of prescribed medications that contain narcotics and other drugs
for which the canine has been trained to alert.
(B) Should the visitor claim that a positive
canine alert is due to one or more prescribed medications, that person must
provide current documentation in the form of a licensed physician's, licensed
physician's assistant's or certified nurse practitioner's verification or a
valid prescription for the medication(s) that is/are suspected to have caused
the positive alert before they will be permitted a contact visit. The visitor
shall be informed that he/she shall be required to submit to an EDDE scan to
determine drug type. The visitor shall also be informed that if he/she has a
negative scan or alerts to a substance consistent with his/her medical
verification, he/she shall be required to submit to a clothed body search as a
condition of a contact visit. The visitor shall be informed that if he/she
alerts to a drug or substance inconsistent with his/her medical verification,
he/she shall be required to submit to a clothed body search as a condition of a
non-contact visit, if available. If no contraband is discovered, the visitor
will continue through processing. If the visitor is not able to provide the
necessary current documentation, the individual shall be informed that he/she
shall be required to submit to a clothed body search as a condition for a
non-contact visit, if space is available. If no contraband is discovered, the
visitor shall be permitted to have a non-contact visit.
(5) Outside Law Enforcement Agencies.
Local police officers or other law enforcement officers
shall not be involved in the search of visitors.
(6) Arrests/Citations/District Attorney
Referral.
(A) Visitors who are searched and
found in possession of drugs or contraband are subject to arrest. If an arrest
is initiated, those arrested, along with the drugs or contraband discovered
shall be turned over to the institution's ISU.
(B) Once the pre-booking process has been
completed by CDCR staff, the arrestee(s) shall be transported without delay by
CDCR personnel or by the local police/sheriff's department to a designated
detention facility. Arrestee(s) shall not be held at the pre-booking area
beyond a reasonable amount of time necessary to complete the process.
(C) If any visitor is found in possession of
drugs or contraband, the ISU Lieutenant/Search Commander shall make any
decision to arrest, issue a citation, or refer the matter to the District
Attorney's office for prosecution.
(D) In all cases where a visitor is arrested
and/or issued a citation for committing a criminal act while on institution
grounds, a copy of CDCR 837-A (Rev. 10/15), Crime/Incident Report, Part A -
Cover Sheet, which is incorporated by reference, arrest reports, and staff
reports documenting the arrest will be forwarded to the local District
Attorney's office in accordance with existing departmental regulations in
sections 3176.2 and
3316(a).
(d) Visitor Screening.
(1) Metal Detectors
At institutions equipped with a functional walk-through
metal detector, all visitors shall successfully pass through the detector
unless a documented medical condition or disability exists that would preclude
the visitor from passing through the detector.
(A) At institutions or facilities without a
functioning walk-through metal detector, a hand-held wand type of metal
detector may be used.
(B) Areas of
the body that have piercings or undergarments with an underwire often alarm
metal detectors and may delay or even prevent visiting.
(C) Processing may require the removal of
shoes, jackets, sweaters, suspenders, belts, piercings, jewelry, or other
accessories for closer inspection or separate processing.
(2) Subject to subsection
3173.2(a),
additional screening will occur when an individual sets off the alarm of the
metal detector, an individual is selected for additional screening, or an
individual has provided documentation to substantiate a condition that
precludes successful screening by metal detector. This additional screening may
include either:
(A) A hand-held wand
inspection in conjunction with a clothed body search of the visitor's body,
including the torso;
(B) A clothed
body search alone; or
(C) An
unclothed body search.
(3) When additional screening is required,
visitors should let staff know of any personal needs or concerns they may have
due to religious or cultural considerations, disability, or other medical
concern.
(4) Additional searches
will be conducted by staff of the same gender as the visitor.
(5) Hand-held wand inspection: A hand-held
wand inspection helps staff to identify what may have set off the alarm on the
walk-through metal detector or to confirm an alarm present during the initial
screening. During the wanding procedure the visitor shall be asked to stand
with feet and legs apart and arms out to the side while the staff member passes
the wand in close proximity to all areas of the visitor's body.
(6) Clothed body search: To ensure security,
a clothed body search may be used in conjunction with the hand-held wand
inspection. A clothed body search may also be performed as a stand-alone
procedure, when appropriate, or to resolve alarms set off during an inspection
by the metal detector. A clothed body search may include touching sensitive
areas of the body.
(7) Unclothed
body search: An unclothed body search is a security procedure that involves
visual inspection of a person's body and body cavities with all of their
clothing removed and a thorough inspection of the person's clothing for the
purpose of detecting contraband. The visitor's body will not be touched by
staff during the unclothed body search. This procedure shall be conducted with
the visitor's consent and when there is a reasonable suspicion that the visitor
may be carrying contraband and when no less intrusive means are available to
conduct the search.
(e)
Visitors with medically implanted or prosthetic devices:
(1) Visitors with temporary or permanent
medically implanted or prosthetic device(s) who cannot clear the metal
detection device and/or visitors who require the use of a wheelchair or other
assistive devices for mobility impairment shall present a letter of
verification signed by their physician, physiatrist, prosthetist, or orthotist.
The letter must confirm the mobility impairment, and/or the nature of the
medically implanted or prosthetic device and its specific location in/on the
body, and the need for any assistive device.
(2) Visitors with a temporary medically
implanted or prosthetic device(s) shall be required to renew the verification
letter, as described in subsection
3173.2(e)(1),
every two years.
(3) Visitors with
a permanent medically implanted or prosthetic device(s) shall be required to
renew the verification letter, as described in subsection
3173.2(e)(1), to
coincide with any changes to the device(s).
(f) Visitors who require the use of a
wheelchair shall temporarily transfer to a designated institution/facility
wheelchair, when available, while visiting staff conduct an inspection of the
visitor's wheelchair. Visitors who present a letter signed by their physician
that confirms the need for using a battery powered or custom designed
wheelchair shall be exempt from the requirement of transferring from their
personal wheelchair. In such cases, the visitor shall permit an inspection of
the personal wheelchair and allow a hand held metal detection device to be
used.
(g) Except as provided in
subsection (b), if the search of any visitor's person, property or vehicle
exceeds that which is normally required for all visitors, the visitor shall be
informed in writing of the reason for the search and the name of the official
ordering the search. Consent shall be obtained from the visitor prior to the
search.
(h) A visitor who refuses
to be searched except as described in subsection (c) regarding canine searches
shall be denied visiting for that day.
(i) Any person who brings an unauthorized
cell phone or wireless communication device within the secure perimeter of the
California Department of Corrections and Rehabilitation facility is deemed to
have given consent to the department to prevent wireless communication using
available technology.
(j) The
visitor who refused to be searched shall be notified of the denied visit in
writing, as described in section
3176(b).
(1) Future visits may be conditioned upon the
visitor's willingness to submit to a search prior to each visit for as long as
institution or facility officials have reasonable suspicion to believe that the
visitor may be attempting to introduce contraband or unauthorized substances
into the institution or facility.
Note: Authority cited: Section
5058, Penal
Code. Reference: Sections
4573,
4573.5,
4576,
5054 and
6402, Penal
Code.
Note: Authority cited: Section
5058, Penal
Code. Reference: Sections
4573,
4573.5,
4576,
5054 and
6402, Penal
Code.
