Current through August 26, 2024
(1) GENERAL POLICY.
A search of an offender, the offender's living quarters or property, or seizure
of the offender's body contents may be made at any time, but only in accordance
with this section. Strip searches or body cavity searches are prohibited. For
purposes of this section, the mouth is not a body cavity.
(2) JUSTIFICATION. A search or seizure is
appropriate and consistent with the goals and objectives of supervision under
any of the following circumstances:
(a) When
an employee has reasonable grounds to believe the offender possesses contraband
or evidence of a rule violation on or within his or her person or
property.
(b) With the consent of
the offender, when a search or seizure is necessary to verify compliance with
the rules.
(c) When ordered by the
court.
(3) REASONABLE
GROUNDS. In deciding whether there are reasonable grounds to believe that an
offender has used, possesses or is under the influence of an intoxicating
substance, that an offender possesses contraband, or that an offender's living
quarters or property contain contraband or evidence of a rule violation, an
employee may consider any of the following:
(a) The observations of employees.
(b) Information provided by informants. In
evaluating the reliability of the information and the informant, the employee
shall consider the following:
1. The detail,
consistency, and corroboration of the information provided by the
informant.
2. Whether the informant
has provided reliable information in the past and whether the informant has
reason to provide inaccurate information.
(c) The activity of the offender.
(d) Information provided by the
offender.
(e) The experience of the
employee with that offender or in a similar circumstance.
(f) Prior seizures of contraband from the
offender.
(4) INFORMING
THE OFFENDER. Whenever possible before a search or seizure is conducted, an
employee shall inform the offender of all of the following:
(a) A search or seizure is about to
occur.
(b) The reason for the
search or seizure.
(c) The method
for conducting the search or seizure.
(d) The place where the search or seizure is
to occur.
(e) The consequences of
not complying with the search or seizure.
(5) PAT DOWN. A pat-down may be conducted at
any time an employee has a reasonable concern that an offender may possess a
weapon or other object which may be used as a weapon. After a pat-down, if the
employee has reasonable grounds to believe that the offender may be in
possession of a weapon or contraband, the employee may proceed with a personal
search of the offender.
(6)
PERSONAL SEARCH.
(a) Any staff member may
conduct a personal search of an offender.
(b) Every personal search shall be documented
in the offender's case record.
(7) SEARCH OF LIVING QUARTERS OR PROPERTY.
(a) An agent shall obtain supervisory
approval prior to any search under this subsection.
(b) The employee who conducted the search
shall complete a written report of every search of an offender's living
quarters or property. The report shall state all of the following:
1. The identity of the offender whose living
quarters or property was searched.
2. The identity of any employee who conducted
the search and any other persons present during the search.
3. The date, time, and place of the
search.
4. The reason for
conducting the search.
5. Any items
seized pursuant to the search with documentation of chain of custody.
6. Whether any damage was done to the
premises or property during the search.
(c) During searches an employee may read
business records and personal mail of offenders. The employee may not read any
privileged legal materials, including any communication between an offender and
an attorney, or any materials prepared in anticipation of a lawsuit.
(d) An employee may not forcibly enter any
property to conduct a search.
(8) SEIZURE OF BODY CONTENTS.
(a) Only licensed or certified medical staff
may take a blood or stool sample.
(b) When the agent or supervisor requires the
collection of a urine specimen to be observed, an employee of the same sex as
the offender shall observe and collect the urine specimen.
(c) Any trained employee may conduct
breathalyzer tests or collect hair or other physical material
samples.
(d) A report of a test on
a specimen of an offender's urine, breath, blood, stool, hair, fingernails,
saliva, semen, or other identifying physical material produced by the offender
may be presented as evidence in a revocation hearing. The expert who made the
findings need not be called as a witness in a hearing or proceeding under this
chapter, ch. DOC 331, or ch. HA 2.
