Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a)
An employee, employees of other government agencies, contract employees,
contractors and their employees, volunteers, and attorneys or legal
organizations as identified in section
3141(c)(9)
authorized to practice law in California, another state, or the District of
Columbia 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. Passive alert canines shall be used to combat the introduction of
illegal drugs and contraband being smuggled into CDCR facilities.
(b) Direct searches of employees, employees
of other government agencies, contract employees, contractors and their
employees, volunteers, and attorneys or legal organizations as identified in
section 3141(c)(9)
authorized to practice law in California, another state, or the District of
Columbia by Canine Units.
Prior to beginning a search of employees, employees of
other government agencies, contract employees, contractors and their employees,
volunteers, and attorneys or legal organizations as identified in section
3141(c)(9)
authorized to practice law in California, another state, or the District of
Columbia using passive alert canines, the Search Operations Commander or
designee shall be responsible for determining if the search will be of all
employees entering or exiting an area, or only those selected on a random basis
(e.g., every 3rd or 5th). 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.
(1) The canine handler
shall inform employees, employees of other government agencies, contract
employees, contractors and their employees, volunteers, and attorneys or legal
organizations as identified in section
3141(c)(9)
authorized to practice law in California, another state, or the District of
Columbia that he/she is conducting passive air scan searches of individuals
using passive alert canines and that the purpose of the scan is to detect
illegal drugs.
(2) The canine
handler shall inform each employee, employees of other government agencies,
contract employees, contractors and their employees, volunteers, and attorneys
or legal organizations as identified in section
3141(c)(9)
authorized to practice law in California, another state, or the District of
Columbia that the passive canines have been trained to detect the presence of
contraband by smell and to alert their handlers to that detection by sitting
down or staring.
(3) Employees,
employees of other government agencies, contract employees, contractors and
their employees, volunteers, and attorneys or legal organizations as identified
in section
3141(c)(9)
authorized to practice law in California, another state, or the District of
Columbia shall be directed to not interact with the canine in any
way.
(4) While inadvertent contact
is a possibility, the handler shall not instruct the canine to contact the
individual being scanned.
(5) If
the subject of the air scan search seems excessively nervous, the handler shall
attempt to reassure the person that the procedure is safe, but the person shall
not be permitted to pass into the institution without being
scanned.
(c) Passive air
scan searches by Canines. All positive air scan results shall be documented on
the Canine Air Scan Results Log. A passive air scan search may be conducted
under one or both of the following conditions:
(1) A passive air scan search may be
conducted in open areas where groups of employees, employees of other
government agencies, contract employees, contractors and their employees,
volunteers, or attorneys or legal organizations as identified in section
3141(c)(9)
authorized to practice law in California, another state, or the District of
Columbia are walking and/or congregated, e.g., main entrances, administration
buildings, in service training areas, sallyports, hallways, housing units,
visiting rooms, or yards, etc.
(2)
A passive air scan search of any employee, employees of other government
agencies, contract employees, contractors and their employees, volunteers, or
attorneys or legal organizations as identified in section
3141(c)(9)
authorized to practice law in California, another state, or the District of
Columbia may also be initiated based upon reasonable
suspicion.
(d) Positive
Canine Alert.
(1) If the canine alerts during
the air scan search of an employee, employees of other government agencies,
contract employees, contractors and their employees, volunteers, or attorneys
or legal organizations as identified in section
3141(c)(9)
authorized to practice law in California, another state, or the District of
Columbia, supervisory staff shall be notified immediately. The employee,
employees of other government agencies, contract employees, contractors and
their employees, volunteers, or attorneys or legal organizations as identified
in section
3141(c)(9)
authorized to practice law in California, another state, or the District of
Columbia will be subject to a patdown search by same gender supervisory staff
in a private setting. Any item being brought into the facility by that
employee, employees of other government agencies, contract employees,
contractors and their employees, volunteers, or attorneys or legal
organizations as identified in section
3141(c)(9)
authorized to practice law in California, another state, or the District of
Columbia will be subject to a thorough search. If no contraband is discovered,
the individual shall be allowed to enter the institution.
(2) The Office of Internal Affairs (OIA)
Regional Special Agent in Charge or OIA Administrator Officer of the Day shall
be contacted for consideration of an exigent investigation prior to the search
of any departmental employee, employees of other government agencies, contract
employee, contractor and their employee, volunteer, or attorney or legal
organization as identified in section
3141(c)(9)
authorized to practice law in California, another state, or the District of
Columbia when there is a reasonable suspicion that the employee, employees of
other government agencies, contract employee, contractor and/or their employee,
volunteer, and attorney or legal organization as identified in section
3141(c)(9)
authorized to practice law in California, another state, or the District of
Columbia is or will be in possession of illegal drugs or contraband and when
the employee, employees of other government agencies, contract employee,
contractor and their employee, volunteer, or attorney or legal organization as
identified in section
3141(c)(9)
authorized to practice law in California, another state, or the District of
Columbia is individually selected. This shall not apply to random, gate or area
searches. In the event there are exigent circumstances where the need to act is
immediate, OIA shall be notified as soon as possible thereafter.
(3) An employee, employees of other
government agencies, contract employee, contractor and their employees,
volunteers, or attorneys or legal organizations as identified in section
3141(c)(9)
authorized to practice law in California, another state, or the District of
Columbia found in possession of drugs and/or cell phones shall be referred to
the institution's Investigative Services Unit (ISU) for possible
arrest.
(4) Employees of other
government agencies, contract employees, contractors and their employees and
volunteers can refuse to submit to the search; however, refusal shall result in
the denial of entry and may lead to exclusion from all CDCR institutions.
Attorneys or legal organizations as identified in section
3141(c)(9)
authorized to practice law in California, another state, or the District of
Columbia can refuse to submit to the search; however, refusal shall result in
the denial of a contact visit, but a non-contact visit may be authorized if
available on the same day. Alternatively, the appointment shall be rescheduled
for another day. Departmental employees do not have the right to refuse the
search.
(5) Outside Law Enforcement
Agencies shall not be involved in the search process.
(6) Arrests/Citations/District Attorney
Referral. Persons 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.
(A) Once the pre-booking
process has been completed by CDCR staff, the arrestee(s) shall be transported
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.
(B) If any employee, employee of other
government agencies, contract employee, contractor and/or their employee,
volunteer, or attorney or legal organization as identified in section
3141(c)(9)
authorized to practice law in California, another state, or the District of
Columbia 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.
(C) In all cases where
an employee, employee of other government agencies, contract employee,
contractor and/or their employee, volunteer, or attorney or legal organization
as identified in section
3141(c)(9)
authorized to practice law in California, another state, or the District of
Columbia is arrested and/or issued a citation for committing a criminal act
while on institution grounds, a copy of CDCR 837-A (Rev. 07/05), Crime/Incident
Report, Part A-Cover Sheet, which is incorporated by reference, arrest reports,
and staff reports documenting the arrest shall be forwarded to the local
District Attorney's office in accordance with existing departmental regulations
in sections
3176.2 and
3316(a).
1. New
section filed 10-8-2014 as an emergency; operative 10-8-2014 (Register 2014,
No. 41). Pursuant to Penal Code section
5058.3, a
Certificate of Compliance must be transmitted to OAL by 3-17-2015 or emergency
language will be repealed by operation of law on the following
day.
2. New section refiled 3-17-2015 as an emergency; operative
3-17-2015 (Register 2015, No. 12). Pursuant to Penal Code section
5058.3, a
Certificate of Compliance must be transmitted to OAL by 6-15-2015 or emergency
language will be repealed by operation of law on the following
day.
3. Certificate of Compliance as to 3-17-2015 order, including
amendment of section heading and section and amendment of NOTE, transmitted to
OAL 6-15-2015 and filed 7-27-2015; amendments effective 7-27-2015 pursuant to
Government Code section
11343.4(b)(3)
(Register 2015, No. 31).
Note: Authority cited: Section
5058, Penal
Code. Reference: Sections
4573,
4573.5,
4574,
4576,
5054 and
6402, Penal
Code.
