Current through Reg. 50, No. 187; September 24, 2024
(1) At the time of
admission, the transporting officers shall remain with the client until the
forensic facility accepts custody of the client.
(a) The transporting officers shall surrender
any firearm, deadly weapon or contraband item to the facility security staff
upon entering the facility grounds.
(b) The transporting officers shall transfer
the client's property, including money, valuables and personal effects, to the
facility staff.
(c) These
provisions shall be enforced by the facility security
personnel.
(2) At the
time of admission, facility security staff shall examine and inventory the
client's personal effects for contraband and items as determined by statute,
Departmental rule, or by the administrator of the facility, and designated by
written institutional policy to be hazardous to the welfare of the residents or
the operation of the facility. Security staff shall confiscate and
appropriately dispose of such contraband, and provide the client with a receipt
for the confiscated items.
(3) All
employees and visitors are subject to a search of their possessions and person
when on the grounds of a forensic facility. Searches of the person under this
section may include inspection of the possessions carried by the person,
removal of shoes, a pat-down body search, and searches by electronic methods.
In any case, where a pat-down body search is authorized, such search shall be
conducted by an individual of the same sex as the person searched, and all
other persons present shall also be of the same sex.
(a) Employees shall be informed that their
failure to allow the search to be conducted may result in disciplinary
action.
(b) Visitors shall be
informed that their failure to allow the search to be conducted will result in
their expulsion from the facility and its grounds.
(c) All vehicles, while on the grounds of a
forensic facility, are subject to search for contraband.
(4) Strip searches and cavity searches of
clients in a forensic facility may be authorized by the facility administrator
pursuant to written institutional policy based on the rules set forth below.
(a) Strip Searches.
1. Definition: a body search in which all
clothing is removed and the entire body is visually checked, including hair,
ears, mouth with dentures to be removed, armpits, hands, pubic region, between
toes, soles of the feet, arms, and inner portions of legs.
2. Strip searches must be done in the area
where the acts of disrobing and being searched cannot be viewed by other
clients and employees not involved in the search.
3. Staff conducting or observing the strip
search shall be of the same sex as the person being searched.
4. The strip search shall be observed by
another staff member who is of the same sex as the person being searched. A
supervisor shall instruct the staff conducting the search as to the
requirements of this policy, and shall ensure that this policy is
followed.
(b) Cavity
Searches.
1. Definition: a body search in
which physical rather than visual inspection of bodily orifices is made. The
bodily orifices include mouth, ears, nostrils, vagina and rectum.
2. Cavity searches are only to be conducted
in extreme cases, where reasonable belief exists that the person has contraband
upon his or her person which may be contained in a bodily orifice.
3. A cavity search will only be conducted by
a physician. A registered nurse must be present continuously during the search.
Either the doctor or the nurse must be of the same sex as the client being
searched.
4. Cavity searches must
be done in an area where the search cannot be viewed by other clients or
employees not involved in the search.
5. In addition to the physician and nurse,
one or more employees of the same sex as the client may be present during the
search if necessary for security or to make the search
possible.
(5)
Searches of the client's living area may be made whenever it is deemed
necessary to insure the safety and security of the facility and when there is
reason to believe that contraband is present.
Rulemaking Authority
916.1093(2) FS.
Law Implemented 916.107(10),
916.1085
FS.
New 9-29-86, Formerly
10E-20.013.
