Current through Register Vol. 50, No. 9, September 20, 2024
A.
Purpose. To establish the secretary's policy regarding searches of visitors at
state correctional facilities and to set forth the procedures to be followed
when searching visitors.
B.
Applicability. Deputy Secretary, Chief of Operations, Assistant Secretary,
Regional Wardens and Wardens. Each warden is responsible for ensuring that
appropriate unit written policy and procedures are in place to comply with the
provisions of this regulation and for implementing and notifying all affected
persons of its contents.
C. Policy.
The United States and Louisiana Constitutions prohibit unreasonable searches.
Pursuant to
R.S.
14:402, it is a crime to bring contraband
into a correctional facility. Therefore, it is the secretary's policy to
respect the prohibition against unreasonable searches while acting in the
public interest to halt the flow of contraband into correctional facilities
under the jurisdiction of the department through implementation of a policy
regarding visitor searches. Such searches shall be conducted in a professional
manner that minimizes indignity to the visitor while still accomplishing the
objective of the search. Only staff trained in effective search techniques
shall conduct searches.
D.
Definitions
He/His -pronouns which include both male
and female unless specifically stated otherwise.
Health Care Personnel -individuals whose
primary duty is to provide health services to offenders in keeping with their
respective levels of health care training, experience and authority.
Institutional Grounds -any tract of land
owned by the state which is under the control of the Department of Public
Safety and Corrections, Corrections Services.
Note: Parking lots are also part of the institutional
grounds whether fenced or not.
Official Institutional Guest -includes,
but is not limited to: law enforcement officers; employees of the department
who are based at headquarters or other units; elected officials; approved news
media representatives; members of the Parole Board and the Pardon Board;
judges; magistrates; commissioners of the Nineteenth Judicial District Court
and court reporters who accompany them; civil service referees and other
institutional guests as designated by the warden. (It is anticipated that
official institutional guests would primarily be under staff escort or
observation while on institutional grounds.)
Personal Searches -
a.
Property Search-a search
of personal property brought onto institutional grounds including, but not
limited to, vehicles, lunchboxes, purses, coats, jackets and
briefcases.
b.
Pat-Down
Search (also
Frisk Search)-a search of a fully
clothed visitor for the purpose of discovering contraband. Pat-down searches
are conducted by an employee of the same sex.
i. The visitor being searched may be required
to empty his pockets, purse or any other item in his control where contraband
may be stored or carried.
ii. The
visitor being searched may be required to remove any wig or hairpiece being
worn. This portion of the search must be conducted in a private place and out
of the view of others.
iii. The
visitor being searched may also be required to remove all outerwear (coats,
jackets, hats, caps, belts, gloves, shoes, socks, etc.) in order for these
items to be inspected. He may also be required to run his hands through his
hair and to open his mouth for inspection. The visitor will not be required to
remove articles of clothing, which are the visitor's basic dress (shirt, pants,
dress, skirt, etc.)
iv. The person
conducting the search shall use his hands to touch the visitor being searched,
through his clothes, in such a manner to determine if something is being
concealed. If the person conducting the search discovers an unusual lump,
bulge, etc., he may order the visitor being searched to disclose the source.
Failure to comply with this order constitutes reasonable suspicion to conduct a
general search or a strip search and/or to refuse the visit.
c.
General
Search-a search whereby a visitor is required to remove his clothing
down to his underwear (shorts for male visitors and camisole or bra and panties
for female visitors) in order that the clothing may be inspected for contraband
and the visitor's person be visually observed. Visitors who claim they are not
wearing underwear will still be required to remove their basic dress. This
search shall be conducted in a private place by an employee of the same sex as
the visitor being searched and out of the view of others.
d.
Strip Search- a visual
search of a visitor's nude body, conducted by employees of the same sex as the
visitor. Strip searches shall be conducted in a private place and out of the
view of others. The visitor being searched may be required to bend over, squat,
turn around, raise his arms and lift the genitals. (The foregoing list is
exemplary, not exclusive.) The clothing of the visitor being searched shall be
thoroughly inspected prior to returning it. Strip searches shall be conducted
in a respectful and dignified manner.
e.
Visual Body Cavity Search (Strip
Search/Genital Examination) -a search having the characteristics of a
strip search with the addition of a visual search of the anal and/or vaginal
openings, whereby the visitor being searched is required to open the cheeks of
the buttocks and/or the lips of the vagina. The visitor's clothing shall also
be thoroughly inspected prior to returning it. Such searches shall be conducted
by officers of the same sex as the visitor, in private and based on articulable
factors that the visitor is carrying contraband.
f.
Body Cavity Search -a
search of a person's body cavities conducted by trained health care personnel
only.
Probable Cause -articulable factors
supported by reasonable suspicion that contraband is being concealed. Probable
cause exists when facts and circumstances within the officer's knowledge and
about which he has reasonable trustworthy information are sufficient to support
a reasonable suspicion that an offense has been or will be committed and that
contraband may be found at the place to be searched or on the visitor.
Reasonable Suspicion -suspicion supported
by facts and circumstances which lead an employee of ordinary caution to
believe that a visitor is concealing contraband in or on his body. Factors to
consider in determining reasonable suspicion include, but are not limited to,
the following:
a. nature of the tip or
information;
b. reliability of the
informant;
c. degree of
corroboration of the tip or other information; or
d. other facts contributing to suspicion.
Visitor -any non-offender or non-employee
of the department who is on institutional grounds for any authorized visit, or
who is attempting to gain entry to the grounds for a visit, to conduct business
with staff, for purposes of a tour or as a volunteer, etc.
E. When Searches Are Permitted
1. Property Search
a. Property searches of visitors may be
conducted at any time when deemed appropriate by the warden or
designee.
b. Property searches of
official institutional guests may be conducted at any time, but would generally
be conducted only when there is reasonable suspicion that the guest may be in
possession of contraband.
2. Pat-Down Search
a. Pat-down searches of visitors may be
conducted at any time when deemed appropriate by the warden or
designee.
b. Pat-down searches of
official institutional guests should be conducted only when there is reasonable
suspicion that a guest may be in possession of contraband.
3. General Search. General searches of
visitors or official institutional guests may be conducted when there is
reasonable suspicion and/or probable cause directed toward a specific visitor.
However, institutional officials must point to specific objective facts and
rational inferences that they are entitled to draw from those facts. Absent
reasonable suspicion directed toward the specific individual, these searches
are prohibited. (The consent of a visitor to such a search does not make the
search permissible, absent reasonable suspicion directed toward the visitor.)
The search shall be conducted by one officer and witnessed by one additional
officer or staff member of the same sex as the visitor or official
institutional guest and in a location out of the view of others. The warden or
designee shall give prior written approval for this search.
a. The search shall be documented in the
Visitor Shakedown Log by the employees who conducted the search. Additionally,
the circumstances giving rise to the search and the search results shall be
documented on an Unusual Occurrence Report (UOR.)
4. Strip Search. Strip searches of visitors
or official institutional guests may be conducted when there is reasonable
suspicion and/or probable cause directed toward the specific visitor. However,
institutional officials must point to specific objective facts and rational
inferences that they are entitled to draw from those facts. Absent reasonable
suspicion directed toward the specific individual, these searches are
prohibited. (The consent of a visitor to such a search does not make the search
permissible, absent reasonable suspicion directed toward the visitor.) The
search shall be conducted by one officer and witnessed by one additional
officer or staff member of the same sex as the visitor or official
institutional guest and in a location out of the view of others. The warden or
designee shall give prior written approval for this search.
a. A strip search shall be documented and
reported as described in Paragraph E.3 of this policy.
5. Visual Body Cavity Search. A visual body
cavity search of visitors or official institutional guests may be conducted
when there is reasonable suspicion and/or probable cause directed toward the
specific visitor. However, institutional officials must point to specific
objective facts and rational inferences that they are entitled to draw from
those facts. Absent reasonable suspicion directed toward the specific
individual, these searches are prohibited. (The consent of a visitor to such a
search does not make the search permissible, absent reasonable suspicion
directed toward the visitor.) The search shall be conducted in the presence of
at least two officers of the same sex as the visitor or official institutional
guest and in a location out of the view of others. The warden or designee shall
give prior written approval for this search.
a. A visual body cavity search shall be
documented and reported as described in Paragraph E.3 of this policy.
6. Body Cavity Search. When a
visual body cavity search creates reasonable suspicion and/or probable cause
directed toward the specific individual, a body cavity search of the visitor or
official institutional guest may be conducted. However, institutional officials
must point to specific objective facts and rational inferences that they are
entitled to draw from those facts. Absent reasonable suspicion directed toward
an individual, these searches are prohibited. (The consent of a visitor to such
a search does not make the search permissible, absent reasonable suspicion
directed toward the visitor.)
a. Trained
health care personnel only shall conduct a body cavity search and perform any
necessary extraction. The visitor or official institutional guest must be
searched in a sanitary manner and in a sanitary location in accordance with
standard medical practice. The warden or designee shall give prior written
approval for this search.
b. A body
cavity search shall be documented and reported as described in Paragraph E.3 of
this policy.
F. Searches by Drug-Sniffing Dogs. Searches
of a visitor's or official institutional guest's property by trained
drug-sniffing dogs may be conducted at any time.
G. When Contraband Is Not Found during a
Search. The visitor or official institutional guest may proceed if the visitor
or official institutional guest to whom reasonable suspicion and/or probable
cause is directed consents to the search and no contraband is found.
H. When a Visitor or Official Institutional
Guest Refuses to be Searched or Contraband Is Found during a Search. Should the
visitor or official institutional guest refuse to be searched or contraband is
found during a search, pursuant to C.Cr.P. Art. 215.2, the warden or designee
may notify law enforcement officials and may detain the visitor or official
institutional guest for the length of time necessary for law enforcement to
arrive and arrest the visitor or official institutional guest or for the
procurement of a search warrant. The detention shall not constitute an
arrest.
I. Disposition of
Contraband. Pursuant to
R.S.
14:402(F), any contraband
which is seized may be destroyed, donated to a charitable organization or put
to lawful use within the institution, unless it is needed as evidence in a
criminal prosecution. However, any money seized which is legal tender shall be
placed in a fund at the institution to be used solely for the purchase of
contraband detection and escape chase team equipment. A record of the
disposition of all contraband shall be maintained for the greater of either
three years or the completion of any criminal proceedings arising from the
incident.
J. Suspension of Visiting
Privileges. If contraband is found on any visitor or official institutional
guest or if any visitor or official institutional guest refuses to be searched
or refuses to allow his property to be searched as provided in Section 7. or
violates any other institutional rules, that particular visit may be halted,
the visitor or official institutional guest told to leave the institution and
action taken as appropriate to suspend future visits to the institution.
1. If the offense is such that the warden
desires to remove the visitor from the offender's visitor list (either
indefinitely or for a fixed period of time) the established procedures shall be
followed.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
14:402.
