Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a)
Insofar as possible, a cell, room, or dormitory bed area and locker will be
thoroughly inspected immediately upon its vacancy and again, if there is a
significant time lapse, before another incarcerated person is assigned to the
same cell, room, or dormitory bed and locker. Such inspections are required and
must be recorded for restricted housing unit and isolation cells. The purpose
of such inspections is to fix responsibility or the absence of responsibility
for security and safety hazards and serious contraband found in the cell, room,
or dormitory area.
(1) Occupied cells, rooms
and dormitory areas, including fixtures and lockers, and any personal and
state-issued property of the occupant will be inspected on an infrequent and
unscheduled basis. More frequent inspections will be conducted in specialized
housing units, depending upon the security requirements of the unit and the
risk an individual incarcerated person presents to that security.
(2) Cell and property inspections are
necessary in order to detect and control serious contraband and to maintain
institution security. Such inspections will not be used as a punitive measure
nor to harass an incarcerated person. Every reasonable precaution will be taken
to avoid damage to personal property and to leave the incarcerated person's
quarters and property in good order upon completion of the
inspection.
(3) An incarcerated
person's presence is not required during routine inspections of living quarters
and property when the incarcerated person is not or would not otherwise be
present. During special inspections or searches initiated because the
incarcerated person is suspected of having a specific item or items of
contraband in their quarters or property, the incarcerated person should be
permitted to observe the search when it is reasonably possible and safe to do
so.
(4) The incarcerated person
will be given a written notice for any item(s) of personal and authorized
state-issued property removed from their quarters during an inspection and the
disposition made of such property. The notice will also list any contraband
picked up or any breach of security noted during the inspection, and the
follow-up action intended by the inspecting officer.
(b) An incarcerated person is subject to an
inspection of their person, either clothed or unclothed, when there is a
reasonable suspicion to believe the incarcerated person may have unauthorized
or dangerous items concealed on their person, or that they may have been
involved in an altercation of any kind. Such inspections may also be a routine
requirement for incarcerated person movement into or out of high security risk
areas. Random or spot-check inspections of incarcerated persons may also be
authorized by the institution head to prevent possession and movement of
unauthorized or dangerous items and substances into, out of, or within the
institution. Visual daily inspections of incarcerated persons shall be made to
ensure compliance with departmental grooming standards. All such inspections
shall be conducted in a professional manner which avoids embarrassment or
indignity to the incarcerated person. Whenever possible, unclothed body
inspections of incarcerated persons shall be conducted outside the view of
others.
(1) Correctional employees, other
than qualified medical staff, shall not conduct unclothed body inspections of
incarcerated persons of the opposite sex except under emergency conditions with
life or death consequences.
(2)
Routine inspections of clothed male incarcerated persons may be performed by
employees of either sex.
(3) Body
inspection of clothed female incarcerated persons shall be conducted by female
correctional employees only, except in emergency situations requiring the
immediate search of incarcerated persons to avoid the threat of death, escape,
or great bodily injury. In such emergency situations, male correctional
employees may conduct clothed body inspections only until sufficient numbers of
female correctional employees are available to assume critical body search
duties.
(4) Male correctional
employees shall not, under any circumstances, perform non-emergency body
searches of female incarcerated persons.
(5) Any inspection of body cavities, other
than visual or metal detector inspections, will be conducted in a medical
setting under the direct supervision of a physician. Any physical intrusion
into body cavities must be performed by a physician, and then only after all
less obtrusive methods have failed to bring the inspection to a
conclusion.
(c)
Incarcerated Person Body Searches. Incarcerated persons shall submit to body
inspections using contraband and metal detection devices and electronic drug
detection devices, including but not limited to, ION scanners and low-dose,
full-body x-ray scanners. Incarcerated persons shall also submit to inspections
of all personal items, including but not limited to, wheelchairs, implants,
prostheses, and assistive devices, using contraband and metal detection devices
and electronic drug detection devices, including but not limited to, ION
scanners.
(1) Contraband and metal detection
devices and electronic drug detection devices, including but not limited to,
ION scanners and low-dose, full-body x-ray scanners shall be used on
incarcerated persons when they leave a visiting area, upon conclusion of a
family visit, upon returning to a yard or facility from vocational or
educational classes, upon entering or exiting a secure perimeter, and prior to
placement into restrictive housing.
(2) The use of the low-dose, full-body x-ray
scanners shall comply with Code of Federal Regulations, Title 28, Section
115.15(a) (7/1/2012), which is hereby incorporated by reference.
(3) Low-dose, full-body x-ray scanners shall
adhere to the American National Standard Institute's Radiation Safety
for Personnel Security Screening Systems Using X-Ray or Gamma
Radiation (ANSI/HPS N43.17-2009), which is hereby incorporated by
reference. Scanner settings shall be set by the manufacturer to 0.25
microsieverts per scan. The annual radiation limit shall be 250 microsieverts
per incarcerated person and each scan shall have a radiation dose of 0.25
microsieverts. A low-dose, full-body x-ray scanner shall identify the
incarcerated person by CDCR number and determine the annual radiation to which
the incarcerated person has been previously exposed as a result of low-dose,
full-body x-ray scanning relative to the annual radiation limit before a scan
is initiated.
(4) If the
incarcerated person has reached the annual radiation limit pursuant to
subsection
3287(c)(3), the
machine shall not perform a scan. A scan shall only be conducted when the
radiation to which the incarcerated person has been previously exposed as a
result of scanning is determined to be under the annual radiation limit, and at
least 0.25 microsieverts remain before the incarcerated person reaches their
annual radiation limit.
(5) An
incarcerated person shall be excused from a low-dose, full-body x-ray scanner
search in the event of an emergency custody circumstance in which the
incarcerated person's behavior creates a safety risk for the incarcerated
person, other incarcerated persons, or CDCR staff if the search is performed,
and requires immediate staff attention to deescalate the situation and maintain
the safety and security of the institution. The staff member who is escorting
the incarcerated person to be searched shall make the determination that the
incarcerated person cannot safely be searched using the low-dose, full-body
x-ray scanner.
(A) An emergency custody
circumstance includes physical aggression from the incarcerated person
requiring restraint of the incarcerated person in order to maintain the safety
and security of the institution or a circumstance where an incarcerated person
refuses to ambulate and stand up on the machine's platform to be
scanned.
(B) The staff member who
excused the incarcerated person from a search using the low-dose, full-body
x-ray scanner shall document the emergency custody excusal on CDC Form 128-B,
General Chrono (Rev. 4/74) as soon as is permissible and forward the completed
Form to the warden for signature. The CDC Form 128-B shall be signed by the
warden no later than 48 hours after the date of the emergency custody
circumstance. A copy of the form shall be given to the incarcerated person, and
shall be stored in the Electronic Records Management System (ERMS), as defined
in section
3000.
(6) An excusal for medical circumstances
shall be documented on CDC Form 128-C, Chrono-Medical, Psychiatric, Dental
(Rev. 01/96), and signed by a CDCR medical staff member of a level no lower
than a nurse practitioner. A copy of the form shall be given to the
incarcerated person, and shall be stored in the ERMS.
(7) An incarcerated person who is excused
from being scanned with a low-dose, full-body x-ray scanner pursuant to
subsections
3287(c)(5) or
3287(c)(6), or
who has reached the annual radiation limit pursuant to subsection
3287(c)(3), shall
be searched by alternate means, including but not limited to, passive canine
air scan searches, hand-held metal detectors, walk-through metal detectors, and
ION scanners.
(8) An incarcerated
person shall notify a staff member that they are excused from being searched
with a low-dose, full body x-ray scanner due to an emergency custody or medical
circumstance, whereupon verification of excusal is required. At least one of
the following two methods of verification shall be used:
(A) The incarcerated person shall present a
copy of the approved CDC Form 128-B or CDC Form 128-C to a staff member
operating a low-dose, full-body x-ray scanner, or
(B) A staff member shall access the copy of
CDC Form 128-B or CDC Form 128-C that is stored in ERMS.
(9) In the event that verification cannot be
obtained through one of the methods enumerated in subsections
3287(c)(8)(A) or
3287(c)(8)(B),
staff shall search the incarcerated person in accordance with subsection
3287(c)(7).
(10) An incarcerated person who is excused
from being scanned with a low-dose, full-body x-ray scanner for emergency
custody circumstances pursuant to subsection
3287(c)(5) shall
be subject to disciplinary action in accordance with section
3315.
(d) Passive Air Scan Searches. Inspections of
incarcerated person cell or living areas, property, work areas, and body shall
be conducted on an unannounced, random basis as directed by the institution
head. Such inspections shall be conducted no more frequently than necessary to
control contraband, recover missing or stolen property, or maintain proper
security of the institution.
(1) Incarcerated
persons shall be subject to passive air scan searches by a passive alert
canine.
(2) Direct Searches of
incarcerated persons: The canine handler shall make an announcement informing
the incarcerated person(s) that they are conducting passive air scan searches
using a passive alert canine and that the purpose of the scan is to detect
illegal drugs. The incarcerated person does not have the right to refuse the
search. An incarcerated person who refuses to be searched may be subject to
disciplinary action and subject to additional search and urine testing for the
presence of drugs.
(A) While inadvertent
contact is a possibility, the handler shall not instruct the canine to contact
the incarcerated person.
(B) If the
incarcerated person seems excessively nervous, the handler shall attempt to
reassure the incarcerated person that the procedure is
safe.
(3) Results of a
Canine Search. If the canine gives a positive canine alert during a passive air
scan search of the incarcerated person, the incarcerated person shall submit to
an unclothed body search and urinalysis testing.
(A) Any confiscated controlled substance
shall be handled as evidence.
(B)
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.
(e) A
written record shall be maintained of the disposition of contraband and stolen
or missing property confiscated as the result of cell, property, or body
inspections.
Note: Authority cited: Section
5058, Penal
Code. Reference: Sections
5054 and
6402, Penal
Code; Jordan v. Gardner, 986 F.2d 1521; and Title 28, Subsection 115.15, Code
of Federal Regulations.
Note: Authority cited: Section
5058, Penal
Code. Reference: Sections
5054 and
6402, Penal
Code; Jordan v. Gardner, 986 F.2d 1521; and Title 28, Subsection 115.15, Code
of Federal Regulations.
