§ 3173.2. Searches and Inspections.
15 CA ADC § 3173.2Barclays Official California Code of RegulationsEffective: April 22, 2024
Effective: April 22, 2024
15 CCR § 3173.2
§ 3173.2. Searches and Inspections.
(a) Any person coming onto the property of an institution or facility shall be subject to inspection as necessary to ensure institution or facility security including prevention of the introduction of contraband. Inspections may include a search of the visitor's person, personal property and vehicle(s) when there is reasonable suspicion to believe the visitor may be attempting to introduce or remove contraband or unauthorized items or substances into, or out of, the institution or facility.
(c) Visitors shall be required to submit to contraband and/or metal detection device(s) and/or electronic drug detectors including, but not limited to, ION scanners and other available contraband and/or metal detecting device(s) technology, and a thorough search of all personal items, including inspection of a wheelchair, implant, prosthesis or assistive devices prior to being allowed to visit with an inmate. Visitors shall be subject to search by passive canines as follows:
Prior to beginning the search of visitors using passive alert canines, the Search Operations Commander or designee shall be responsible for determining if the search will be of all visitors entering or exiting an area, or only those selected on a random basis. The random selection method shall be documented on the Canine Air Scan Results Log prior to the commencement of the searches. The random pattern shall not be altered unless approved by the Search Operations Commander.
(B) The canine handler shall advise the visitor he/she is going to conduct a passive canine air scan search of the visitor. All visitors, including attorneys or legal organizations as identified in section 3141(c)(9) and employees of other government agencies, shall be informed that: (1) he/she does have the right to refuse the search, and (2) any visitor who refuses to be searched in this manner shall be denied contact visiting but shall be authorized for a non-contact visit if available on that same day.
(B) If the canine does alert during an air scan search of the visitor, the visitor shall be informed that he/she shall be required to submit to a clothed body search as a condition of a non-contact visit. Subsequently, if the clothed body search is negative for contraband, the visitor shall continue with processing into the non-contact visiting area. However, if the clothed body search results in the discovery of contraband, the visitor shall be denied entrance to the facility and may be subject to arrest and referral for criminal prosecution. If the visitor refuses to consent to a clothed body search, visiting shall be denied for the day. All positive alerts by Electronic Drug Detection Equipment (EDDE)/passive canine air searches, refusals to submit to clothed body searches after a positive alert, and/or refusals to participate in the drug interdiction process shall be recorded on the SOMS visiting record. However, refusals to participate in a passive canine air scan search shall not be recorded on the SOMS visiting record. A visitor shall be informed that he/she shall be subject to the following:
1. A visitor who refuses to submit to a passive canine air scan search shall be informed that they have the option of a non-contact visit if space is available on that same day. The visitor shall be required to submit to a clothed body search as a condition of a non-contact visit. If the results of the search are negative for contraband, the visitor shall continue with processing for a non-contact visit. If the visitor refuses to consent to a clothed body search, visiting shall be denied for that day.
A visitor who refuses to participate in a drug interdiction process by not pressing the Randomizer button; refusing to be scanned by an EDDE device; or refusing to submit to a clothed body search after a positive EDDE scan/passive canine air scan alert for the first time in a twelve (12) month period shall be denied a visit for that day. Upon the visitor's second attempt to visit within a twelve (12) month period, the visitor shall not have the option of being randomly selected to participate in the drug interdiction process occurring on that day. However, any visitor who refuses to be searched by a passive canine, shall be denied contact visiting, but shall be authorized a non-contact visit if space is available for that same day. If the institution is not conducting a drug interdiction process, the visitor will be allowed a contact visit consistent with departmental policies.
2. A visitor who refuses to participate in a drug interdiction process by not pressing the randomizer button; refusing to be scanned by an EDDE devise; or refusing to submit to a clothed body search after a positive EDDE scan/passive canine air scan alert for the second time in a twelve (12) month period shall be denied a visit for that day. Upon the visitor's third attempt to visit within a twelve (12) month period, the visitor shall not have the option of being randomly selected to participate in the drug interdiction process occurring on that day. However, any visitor who refuses to be searched by a passive canine shall be denied contact visiting, but shall be authorized a non-contact visit if space is available for that same day. If the institution is not conducting a drug interdiction process, the visitor will be allowed a contact visit consistent with departmental policies.
3. A visitor who refuses to participate in a drug interdiction process by not pressing the randomizer button; by refusing to be scanned by an EDDE device; or by refusing to submit to a clothed body search after a positive scan by an EDDE device scan/passive canine air scan alert for the third time in a twelve (12) month period shall be denied a visit for that day. The institution head or designee may issue an order to suspend the visitor from the institution/facility within his/her jurisdiction for up to thirty days, pursuant to CCR, Title 15, Sections 3176.1, 3176.2 and/or 3176.3. Upon the visitor's fourth attempt to visit within a twelve (12) month period, the visitor shall not have the option of being randomly selected to participate in the drug interdiction process. The visitor shall participate in the drug interdiction process occurring on that day. However, any visitor who refuses to be searched by a passive canine shall be denied contact visiting, but shall be authorized a non-contact visit if space is available. If the institution is not conducting a drug interdiction process, the visitor will be allowed a contact visit consistent with departmental policies.
4. A visitor, who refuses to participate in a drug interdiction process by not pressing the randomizer button; by refusing to be scanned by an EDDE device; or by refusing to submit to a clothed body search after a positive scan by an EDDE device scan/passive canine air scan alert for the fourth time in a twelve (12) month period, shall be denied a visit for that day. The institution head or designee may issue an order to suspend the visitor from the institution/facility within his/her jurisdiction for up to twelve (12) months and refer the case to the director or designee for review of permanent exclusion of a person from any or all institutions/facilities, pursuant to CCR, Title 15, Sections 3176.1, 3176.2 and/or 3176.3. However, any visitor who refuses to be searched by a passive canine shall be denied contact visiting, but shall be authorized a non-contact visit if space is available. If the institution is not conducting a drug interdiction process, the visitor will be allowed a contact visit consistent with departmental policies.
(F) In instances when a positive canine alert is given, a positive EDDE alert occurs, or if drug paraphernalia is discovered on the person of a visitor, the visitor shall be informed that he/she shall be required to submit to an clothed body search as a condition of a non-contact visit if available that same day.
(G) All requests for unclothed or clothed body searches, the reason for the request, and specific facts on which the search is based shall be documented on CDCR Form 888 (Rev. 01/24), Notice of Request for Search, which is incorporated by reference. This form shall include the subject's name, date, all information regarding the reason(s) for the search excluding any confidential information as referenced in section 3321, and the signature of the person authorizing or refusing to be searched. Should the visitor refuse to be searched or in instances where drugs or contraband are discovered, a CDCR Form 887-B (Rev. 02/23), Notice of Visitor Warning/Termination/Suspension/Denial/Revocation, which is incorporated by reference, shall be completed. This form shall specify the reason(s) for the denial of visiting and time frames for which the denial or suspension are in effect.
(A) When conducting scans of inmate visitors, there may be occasions when legitimate circumstances exist that may result in a positive canine alert. The cause of this alert may be the visitor's use of prescribed medications that contain narcotics and other drugs for which the canine has been trained to alert.
(B) Should the visitor claim that a positive canine alert is due to one or more prescribed medications, that person must provide current documentation in the form of a licensed physician's, licensed physician's assistant's or certified nurse practitioner's verification or a valid prescription for the medication(s) that is/are suspected to have caused the positive alert before they will be permitted a contact visit. The visitor shall be informed that he/she shall be required to submit to an EDDE scan to determine drug type. The visitor shall also be informed that if he/she has a negative scan or alerts to a substance consistent with his/her medical verification, he/she shall be required to submit to a clothed body search as a condition of a contact visit. The visitor shall be informed that if he/she alerts to a drug or substance inconsistent with his/her medical verification, he/she shall be required to submit to a clothed body search as a condition of a non-contact visit, if available. If no contraband is discovered, the visitor will continue through processing. If the visitor is not able to provide the necessary current documentation, the individual shall be informed that he/she shall be required to submit to a clothed body search as a condition for a non-contact visit, if space is available. If no contraband is discovered, the visitor shall be permitted to have a non-contact visit.
Local police officers or other law enforcement officers shall not be involved in the search of visitors.
(B) Once the pre-booking process has been completed by CDCR staff, the arrestee(s) shall be transported without delay by CDCR personnel or by the local police/sheriff's department to a designated detention facility. Arrestee(s) shall not be held at the pre-booking area beyond a reasonable amount of time necessary to complete the process.
(D) In all cases where a visitor is arrested and/or issued a citation for committing a criminal act while on institution grounds, a copy of CDCR 837-A (Rev. 10/15), Crime/Incident Report, Part A - Cover Sheet, which is incorporated by reference, arrest reports, and staff reports documenting the arrest will be forwarded to the local District Attorney's office in accordance with existing departmental regulations in sections 3176.2 and 3316(a).
At institutions equipped with a functional walk-through metal detector, all visitors shall successfully pass through the detector unless a documented medical condition or disability exists that would preclude the visitor from passing through the detector.
(2) Subject to subsection 3173.2(a), additional screening will occur when an individual sets off the alarm of the metal detector, an individual is selected for additional screening, or an individual has provided documentation to substantiate a condition that precludes successful screening by metal detector. This additional screening may include either:
(5) Hand-held wand inspection: A hand-held wand inspection helps staff to identify what may have set off the alarm on the walk-through metal detector or to confirm an alarm present during the initial screening. During the wanding procedure the visitor shall be asked to stand with feet and legs apart and arms out to the side while the staff member passes the wand in close proximity to all areas of the visitor's body.
(6) Clothed body search: To ensure security, a clothed body search may be used in conjunction with the hand-held wand inspection. A clothed body search may also be performed as a stand-alone procedure, when appropriate, or to resolve alarms set off during an inspection by the metal detector. A clothed body search may include touching sensitive areas of the body.
(7) Unclothed body search: An unclothed body search is a security procedure that involves visual inspection of a person's body and body cavities with all of their clothing removed and a thorough inspection of the person's clothing for the purpose of detecting contraband. The visitor's body will not be touched by staff during the unclothed body search. This procedure shall be conducted with the visitor's consent and when there is a reasonable suspicion that the visitor may be carrying contraband and when no less intrusive means are available to conduct the search.
(1) Visitors with temporary or permanent medically implanted or prosthetic device(s) who cannot clear the metal detection device and/or visitors who require the use of a wheelchair or other assistive devices for mobility impairment shall present a letter of verification signed by their physician, physiatrist, prosthetist, or orthotist. The letter must confirm the mobility impairment, and/or the nature of the medically implanted or prosthetic device and its specific location in/on the body, and the need for any assistive device.
(f) Visitors who require the use of a wheelchair shall temporarily transfer to a designated institution/facility wheelchair, when available, while visiting staff conduct an inspection of the visitor's wheelchair. Visitors who present a letter signed by their physician that confirms the need for using a battery powered or custom designed wheelchair shall be exempt from the requirement of transferring from their personal wheelchair. In such cases, the visitor shall permit an inspection of the personal wheelchair and allow a hand held metal detection device to be used.
(g) Except as provided in subsection (b), if the search of any visitor's person, property or vehicle exceeds that which is normally required for all visitors, the visitor shall be informed in writing of the reason for the search and the name of the official ordering the search. Consent shall be obtained from the visitor prior to the search.
(1) Future visits may be conditioned upon the visitor's willingness to submit to a search prior to each visit for as long as institution or facility officials have reasonable suspicion to believe that the visitor may be attempting to introduce contraband or unauthorized substances into the institution or facility.
Credits
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 4573, 4573.5, 4576, 5054 and 6402, Penal Code.
History
1. New section filed 2-18-2003; operative 3-20-2003 (Register 2003, No. 8).
2. Amendment of subsections (a) and (g)(2) filed 4-7-2008; operative 5-7-2008 (Register 2008, No. 15).
3. Amendment of subsection (d) and new subsections (d)(1)-(3) filed 5-25-2010; operative 6-24-2010 (Register 2010, No. 22).
4. New subsection (h) and amendment of Note filed 12-9-2011 as an emergency; operative 12-9-2011 (Register 2011, No. 49). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 5-17-2012 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 12-9-2011 order transmitted to OAL 5-3-2012 and filed 6-6-2012 (Register 2012, No. 23).
6. New subsections (d)-(d)(7), subsection relettering and amendment of newly designated subsections (e)(2)-(3) filed 5-16-2013; operative 5-16-2013 pursuant to Government Code section 11343.4(b)(3) (Register 2013, No. 20).
7. Amendment of subsection (c) and Note filed 10-2-2014 as an emergency; operative 10-2-2014 (Register 2014, No. 40). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 3-11-2015 or emergency language will be repealed by operation of law on the following day.
8. Amendment of subsection (c) and new subsections (c)(1)-(c)(6)(D) filed 10-8-2014 as an emergency; operative 10-8-2014 (Register 2014, No. 41). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 3-17-2015 or emergency language will be repealed by operation of law on the following day.
9. Amendment of subsection (c) and new subsections (c)(1)-(c)(6)(D) refiled with additional amendments to subsection (c)(3)(F) 3-17-2015 as an emergency; operative 3-17-2015 (Register 2015, No. 12). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 6-15-2015 or emergency language will be repealed by operation of law on the following day.
10. Certificate of Compliance as to 10-2-2014 order transmitted to OAL 3-4-2015 and filed 4-16-2015 (Register 2015, No. 16).
11. Certificate of Compliance as to 3-17-2015 order, including amendment of subsections (c)(2), (c)(2)(B), (c)(3)(A)-(C), (c)(3)(I), (c)(4)(B) and (c)(6)(A) and amendment of Note, transmitted to OAL 6-15-2015 and filed 7-27-2015; amendments effective 7-27-2015 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 31).
12. Amendment of subsections (c)(2)(A)-(B) and (c)(3)(B), new subsections (c)(3)(B)1.-4, amendment of subsections (c)(3)(C) and (c)(3)(F), repealer of subsections (c)(3)(G)-(H), subsection relettering, amendment of newly designated subsection (c)(3)(G), and subsection (c)(4)(B), repealer of subsections (c)(4)(C)-(D) and amendment of subsection (c)(6)(D) filed 11-23-2015 as an emergency; operative 11-23-2015 (Register 2015, No. 48). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 5-2-2016 or emergency language will be repealed by operation of law on the following day.
13. Reinstatement of section as it existed prior to 11-23-2015 emergency amendment by operation of Government Code section 11346.1(f) (Register 2016, No. 20).
14. Amendment of subsections (c)(2)(A)-(B) and (c)(3)(B), new subsections (c)(3)(B)1.-4, amendment of subsections (c)(3)(C) and (c)(3)(F), repealer of subsections (c)(3)(G)-(H), subsection relettering, amendment of newly designated subsection (c)(3)(G) and subsection (c)(4)(B), repealer of subsections (c)(4)(C)-(D) and amendment of subsection (c)(6)(D) refiled 5-10-2016 as an emergency; operative 5-10-2016 (Register 2016, No. 20). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 8-8-2016 or emergency language will be repealed by operation of law on the following day.
15. Certificate of Compliance as to 5-10-2016 order transmitted to OAL 8-4-2016; disappoved by OAL 9-16-2016 and order of repeal and deletion of emergency amendments issued operative 9-16-2016 pursuant to Government Code section 11349.6(d) (Register 2016, No. 38).
16. Amendment of subsections (c)(2)(A)-(B), (c)(3) and (c)(3)(B), new subsections (c)(3)(B)1.-4., amendment of subsections (c)(3)(C) and (c)(3)(F), repealer of subsections (c)(3)(G)-(H), subsection relettering, amendment of newly designated subsection (c)(3)(G) and subsection (c)(4)(B), repealer of subsections (c)(4)(C)-(D) and amendment of subsections (c)(6)(D) and (h) filed 2-22-2017; operative 4-1-2017 (Register 2017, No. 8).
17. Amendment of subsections (a), (c)(3)(G) and (d)(7), redesignation and amendment of former subsection (i)(1) as new subsection (j) and redesignation of former subsection (i)(2) as new subsection (j)(1) filed 4-22-2024; operative 4-22-2024 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 17).
This database is current through 5/10/24 Register 2024, No. 19.
Cal. Admin. Code tit. 15, § 3173.2, 15 CA ADC § 3173.2
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