Code of Massachusetts Regulations
103 CMR - DEPARTMENT OF CORRECTION
Title 103 CMR 950.00 - County Correctional Facilities - Visiting
Section 950.04 - Searches of Visitors

Universal Citation: 103 MA Code of Regs 103.950

Current through Register 1531, September 27, 2024

The Visiting Plan shall contain policy and procedure for the conducting of searches of visitors, and shall include, but not be limited to, the following:

(1) A large sign posted in the lobby or other entrance warning that, "ALL VISITORS ARE SUBJECT TO BEING SEARCHED", and containing the same wording in Spanish, "TODAS LAS VISITAS ESTAN SUJETAS A REVISION", or a language which is understood by a significant number of visitors;

(2) A search procedure effective in preventing the smuggling of articles into the visiting area of the facility; to include that visitors successfully pass through a metal detector or scanner, or a pat down, and that any articles they are carrying may be thoroughly searched. In community release facilities the search procedure shall have a system to control contraband;

(3) If the search procedure is to include a more extensive search than mentioned above (up to and including a strip search), the following shall be included:

(a) authorization from the Sheriff/Facility Administrator or designee for such search;

(b) the visitor shall be informed that he may leave the facility rather than submit to such a search. If he agrees to said search, a record of consent shall be documented noting date, time, individual being searched and individuals conducting search; and

(c) the officer(s) conducting a more extensive search shall file a written report concerning the search with the Sheriff/facility administrator prior to the end of his tour of duty. The report shall contain the name of the visitor, the names of the searching officers and of the official who approved the search, the extent of the search, and what, if anything, was found.

(4) No search of a visitor's body cavities (anal or genital) shall be conducted by correctional staff. If a search less intrusive than a body cavity search (of anal or genital body cavities) is insufficient to eliminate suspicions that the visitor is smuggling, the visitor shall be denied admission;

(5) Any person refusing to submit to any aspect of the search procedure shall be denied entrance to the facility. Where the refusal occurs under circumstances indicating that the most likely motive for refusal is to prevent discovery of concealed articles, where a suspicious pattern of refusals is apparent, or where a visitor engages in offensive or assaultive behavior during the search process, visiting privileges may be suspended or terminated;

(6) Personal (Pat) searches that involve removal of more than just external clothing and accessories shall be conducted by a correctional employee of the same sex as the visitor, conducted in private, and documented with a written report. Searches are to be conducted in a professional and courteous manner; and,

(7) Papers and documents carried in or out by any judge, attorney, law student, paralegal, the governor, any legislator or member of the parole board may be inspected for concealed articles but may not be read.

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