Current through Register Vol. 46, No. 12, March 20, 2024
(a) All persons
entering a correctional facility are subject to search as a condition of
entering a facility. All visitors, except for visitors to a correctional camp,
shall pass through a walk through metal detector and/or be scanned with a hand
scanner. Any visitor who exercises his or her option to refuse to comply with
the required search procedures shall not be permitted to enter a correctional
facility. Facility employees may be subject to search if, and when, required by
the superintendent or his or her designee.
Note: The superintendent may make exceptions to the search
requirements for department officials or other dignitaries.
(b) Notices will be posted at public
entrances to a facility, in English and Spanish, providing that all visitors
are subject to search as a condition of visitation.
(c) A detailed definition of contraband (see
section
200.3
of this Part) shall be posted in the visitor processing area and made available
to a visitor upon request.
(d)
Metal detectors.
(1) Calibration and testing.
All hand scanners and metal detectors shall be calibrated to meet the criteria
established and approved by the deputy commissioner for correctional
facilities.
(2) Metal detector
searches.
(i) Each visitor shall remove all
metal items from clothing prior to monitoring. Jewelry (e.g., watches, chains,
medals, etc.) which is normally concealed and which register an alarm will be
removed. Other jewelry (e.g., rings, pins, earring, etc.) which is normally not
concealed and which can be located by hand scanner, need not be
removed.
(ii) Items that are
removed from visitors passing through the detector will be placed in a
container out of reach of the visitor where the items can be observed and
checked by staff.
(iii) Staff shall
thoroughly search handbags, briefcases, and other containers. Inspection of
handbags, briefcases, and other containers in the possession of an attorney or
duly approved legal representative prior to an approved legal visit shall be
limited to cursory examination for contraband. Written materials shall be
inspected, as unobtrusively as possible, to verify that the materials do not
contain contraband.
(iv) Staff
shall check and approve all items before returning them to the visitor and the
items will be returned only after the visitor has successfully passed through
the metal detector.
(v) If there is
any difficulty clearing a person by use of the walk-through metal detector,
staff shall use the hand scanner to locate the problem area.
Note: If items such as belt buckles, jewelry, metal buttons,
etc. are probable causes of registering an alarm, the use of the hand scanner
will usually identify the object in question. The hand scanner should be held
approximately 1/2 inch away from the area being searched. Care should be taken
by staff to ensure that the hand scanner does not make physical contact with
the individual being processed. When the hand scanner indicates the presence of
metal, which is concealed under clothing, the visitor shall reveal (if
appropriate) the object in question thereby establishing that the item revealed
caused the alarm or, if necessary, the visitor shall remove the item for
inspection.
(vi) If, prior
to an approved legal visit, an attorney or duly approved legal representative
is unable to clear the metal detection process, staff shall contact the
superintendent or designee for further direction.
(3) If the visitor is unable to reveal or
remove the detected object due to its personal nature, processing shall
continue as follows: The visitor shall be provided with a document explaining
that they have the right to leave the facility or they can pursue one of two
search options:
(i) A limited visual search
to be conducted in a private area where an officer or staff member of the same
sex will visually inspect the area in question by having the visitor lift any
articles of clothing or under garments to satisfy staff that no contraband is
secreted on the visitor's person in the area in question. Should a staff member
of the same sex not be available, a personal item search as set forth in
subparagraph (ii) of this paragraph shall be utilized.
Note: When the limited visual search procedure is utilized,
staff must obtain a signed "Notice of Consent to Search" form from the visitor
and an unusual incident report must be filed in accordance with departmental
directive No. 4004, "Unusual Incident Report."
(ii) A personal item search may be conducted
as an alternative to a limited visual search.
(a) The visitor shall be provided a private
area or other room that provides personal privacy to remove items of a personal
nature including braces, underwire bras, etc.; a paper bag in which to place
any personal items they have removed; and an opportunity to use a large mess
hall style white shirt as an outer covering during reprocessing procedures.
(The facility shall have at least two x-large and two xx-large mess hall style
shirts available. The facility must specifically advise any female visitor who
may be required to remove an underwire bra of the availability of these shirts
to wear as an outer garment during reprocessing procedures.)
Note: A visitor shall not be routinely required to remove
religious headwear during search procedures. However, if staff determines
following the use of the hand scanner that removal of the headwear or any other
item of religious apparel is necessary, the item shall be removed in a private
area in the presence of a security staff member of the same sex, if one is on
duty. If no security staff member of the same sex is on duty, a non-uniformed
staff member of the same sex shall be used. The staff member of the same sex
shall conduct a hand scanner search and visual inspection of both the visitor
and the removed item in a private area. If there is no staff member of the same
sex on duty, and the visitor still refuses or cannot remove the item due to its
personal nature in the visitor processing area, the visit will be
denied.
(b) Once the
detected item is removed and placed in the paper bag, staff shall reprocess the
visitor via a hand scanner or walk-through metal detector and both the bag and
it's contents shall be discreetly inspected for contraband. All visitors must
be dressed in appropriate attire, as outlined in section
201.3 of this Title,
when not within the private area. Once the visitor has cleared the detector,
the personal items shall be returned and a private area made available for
redressing. The outer covering shirt shall be returned to a security staff
member.
(c) Whenever possible, the
private area used to disrobe shall not be the same area that is used for
redressing. Any private area shall be out of sight of the inmate population. If
separate areas are not available, staff must search the area before the visitor
enters to redress.
(4) Contact between processed and unprocessed
visitors shall be prevented.
(5) If
staff is unable to locate the source of the problem with the hand scanner or
believes that there is probable cause for further processing, he/she shall
follow the strip search procedures as set forth in subdivision (f) of this
section, even if the visitor offers to voluntarily remove items of clothing
other than coat, hat, or shoes.
(e) Substance detection/ion scan testing.
Visitors entering any department facility, by whatever gate, may be subject to
ion scanning or other non-intrusive test for detection of illicit substances.
(1) A substance detection/ion scanner test
means a search in which surface samples are taken using a handheld collection
unit for testing in a drug and/or explosives detection device. The collection
unit may come into contact with an individual's hands, areas of clothing,
personal items, purses/handbags, packages, correspondence or any other articles
that may retain microscopic traces of illicit substances. A positive test
result may occur in any case where a person has come into contact with an
illicit substance, whether the person has used that substance or not. All
substance abuse detection/ion scan staff shall use the thresholds established
and approved by the deputy commissioner for correctional facilities or his or
her designee to determine whether or not a test is positive.
(2) If a visitor tests positive, a second
test will be conducted to confirm or negate the first test result. Upon a
confirmed positive test result, or test refusal, the visitor will be denied
entrance into any correctional facility for two days. If that visitor is a
minor child, that child's parent, guardian or approved escort will also be
denied entrance into the correctional facility. Otherwise, a confirmed positive
test result on a specific visitor will not serve as a basis to deny entrance to
any other visitor. A confirmed positive test means that a second sample from
the same area on the person or the person's belongings tests positive for the
same substance.
(3) No disciplinary
action shall be taken against an inmate solely because an individual that is
attempting to visit the inmate tests positive or refuses to test.
(f) Strip Searches.
(1) If a visitor to a correctional facility
has complied with all the aforementioned processes and the officer in charge
reasonably believes further processing is required to prevent the introduction
of contraband into the facility, the following action must be taken:
(i) The visitor shall be asked to remain. The
officer in charge shall contact his or her immediate supervisor.
(ii) The supervisor will evaluate the
situation to determine if further processing is warranted.
(2) If the supervisor determines that further
processing is warranted, the superintendent or the officer of the day during
non-business hours shall be notified and may authorize a consensual strip
search after reviewing the matter.
(i) In
order to justify a strip search of a particular visitor, the superintendent or
officer of the day during non-business hours, must point to specific objective
facts and rational inferences that he or she is entitled to draw from those
facts in light of his or her experience. The superintendent must have
reasonable cause to believe that contraband is concealed upon the person of the
visitor, base upon specific and articulable facts and inferences reasonably
drawn from those facts. Generalized suspicion of smuggling activity is
insufficient.
(ii) Strip searches
may not be authorized based on uncorroborated information or "tips" merely
stating that visitors would attempt to introduce contraband into a facility
where the informant's reliability cannot be assessed and observations of
visitors by staff upon arrival at the facility do not contribute to reasonable
suspicion that contraband is being concealed. Reasonable suspicion exists only
if the uncorroborated information can be linked to other objective
facts.
(3) The visitor
must be informed that he/she has the option to submit to the requested search
procedure or to refuse. If a visitor refuses to submit to a strip search the
visit will be denied.
(4) Guilt is
not to be assumed from a visitor's refusal to submit to a strip
search.
(5) Future visits may not
be denied on the basis of past refusal to a strip search.
(6) A visitor's past refusal to submit to a
strip search may not be used as a basis or factor in establishing reasonable
suspicion for future strip searches.
(7) If the visitor consents to a strip
search, the supervisor will obtain the visitor's written consent on Form No.
2061, "Notice of Consent to Search." In the case of a minor child, the consent
must be given by a parent or guardian. Absent consent from an accompanying
parent or guardian, a minor child will not be subjected to a strip search and
will not be permitted entry into the facility. For purposes of this section,
the term minor child shall mean any person who is under the age of 18, but the
term shall not include any person who is emancipated (i.e., 16 years of age or
older who is married [with proof of age and marriage]) and who is related to
the inmate to be visited.
(8) Strip
search of a minor child.
(i) In an unusual
circumstance when the visitor to be strip searched is a minor child, the parent
or guardian shall be present and, at the discretion of staff, may participate
in the strip search.
(ii) If at any
time during the procedure the minor child or accompanying parent or guardian
objects in any manner to the strip search, the procedure shall be terminated
immediately and the visit denied. When a minor child is unable to clear the
search procedure, the escorting parent or guardian shall also be denied entry
into the facility.
(9)
Strip searches shall be conducted in locations heated to a level of human
comfort for disrobed persons.
(10)
Strip searches shall be conducted by a correction officer of the same sex as
the visitor being searched.
(11) In
performing strip searches, staff shall conduct themselves professionally. Staff
shall be alert to the sensitive nature of the strip search and conduct such
searches in a manner least degrading to all involved while fulfilling the
objective of the search.
(12) A
strip search must be reported as an unusual incident in accordance with
departmental directive No. 4004, "Unusual Incident Report." A subsidiary report
of the circumstances surrounding the incident should accompany the unusual
incident report. Particular care should be given to setting forth in detail the
factor or factors which led to a determination that the visitor required
processing under this subdivision.
(g) As a prerequisite to entry to a
correctional facility, the superintendent or his or her designee shall have the
authority to require any visitor to surrender any article or thing to the gate
officer if the superintendent or his or her designee reasonably believes to be
potentially dangerous to the safety and security of the facility or constitutes
contraband as defined in section
200.3
of this Part.
