Changes for page AD 01 Prisoner Searches

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...	...	@@ -16,20 +16,20 @@
16	16
17	17	Replaces and/or Supersedes:
18	18
19		-AD 01 10/26/2011
	19	+PD 01, CD 01
20	20
21	21	Published:
22	22
23		-06/01/2020
	23	+01/26/2011
24	24
25	25	Review Date:
26	26
27		-06/01/2020
	27	+01/26/2012
28	28
29	29
30	30	Sheriff Cory Pulsipher
31	31
32		-Undersheriff James Standley
	32	+Undersheriff Bart Bailey
33	33
34	34
35	35	**__TABLE OF CONTENTS__**
...	...	@@ -62,9 +62,8 @@
62	62
63	63	AD 01_114 Unknown Gender
64	64
65		-AD 01_115 Voluntary Exposure
	65	+
66	66
67		-
68	68	**AD 01_101 __DEFINITIONS__**
69	69
70	70	1. WCSO: Washington County Sheriff's Office
...	...	@@ -92,10 +92,9 @@
92	92	1. Utah Counties Insurance Pool:
93	93	11. ML-V.A.2.
94	94	1. Utah Sheriffs Association Jail Standards:
95		-11. C01.03.02: Receiving Female Inmates
96	96	11. C03.03.01: Scope of Arrestee Searches
97	97	11. C03.03.02: Reasonable Suspicion Not Required
98		-11. C03.03.05: Voluntary Waivers
	96	+11. C 03.03.05: Voluntary Waivers
99	99	11. C03.03.06: Initial Search of Inmate
100	100	11. C03.03.07: Follow-Up Search
101	101	11. F03.01.01: Written Search Policies and Procedures Required
...	...	@@ -109,7 +109,6 @@
109	109	11. F03.03.05: Strip Searches
110	110	11. F03.03.07: Digital Body Cavity Searches
111	111	11. F03.03.08: Exigent Circumstances
112		-11. F03.03.09: Voluntary Exposure
113	113	11. J05.03.03: Admission Searches of Work-Release Inmates
114	114	11. N01.03.01: General
115	115	11. N01.03.02: Female Inmates
...	...	@@ -143,7 +143,7 @@
143	143	111. Past suicide attempts;
144	144	111. Needle "tracks";
145	145	111. Problems which might require staff intervention or follow-up.
146		-11. All searches more intrusive than a rub search shall be documented in the Spillman computer system and shall include:
	143	+11. All searches shall be documented in the Spillman computer system and shall include:
147	147	111. Date, time, and location of the search;
148	148	111. The name of the individual searched;
149	149	111. The name(s) of the officer(s) involved in the search;
...	...	@@ -188,7 +188,7 @@
188	188	111. Staff conducting or assisting with the search; and/or
189	189	111. Staff working in the area.
190	190	11. Strip searches may include:
191		-111. Arrestees at admission as detailed in the Initial Search section below (AD 01_109);
	188	+111. Arrestees at admission as detailed in the Initial Search section below (AD 01_110);
192	192	111. Inmates returning to PCF from outside the secure areas of the jail;
193	193	111. Inmates believed to be in possession of contraband;
194	194	111. Inmates in an area of a scheduled shakedown or area search;
...	...	@@ -200,10 +200,11 @@
200	200	11. Strip searches require reasonable suspicion for prisoners of “arrestee” status.
201	201	11. Strip searches do not require reasonable suspicion for prisoners of “inmate” status.
202	202	1. Rationale:
203		-11. Strip searches have been recognized by the courts for their importance in maintaining facility security; however, they have found strip searches to be highly intrusive. Because they are intrusive, the courts have previously held that arrestees cannot be subjected to strip searches unless there is individualized or reasonable suspicion that a prisoner has contraband. Reasonable suspicion may be assumed for prisoners whose charges, criminal histories, or current probation or parole status would reasonably be assumed to create a significant risk. The court's rationale in limiting strip searches for arrestees has been that persons who are not part of the criminal subculture and who are briefly in jail awaiting bond or recognizance release for minor offenses should not be required to endure the humiliation of the strip search, because they will likely be released within minutes or a very few hours and are not, therefore, a great risk to the security of the facility. The restriction on strip searches is relaxed after arrestees have exhausted their options to gain pretrial release and have become a part of the jail population.
	200	+11. Strip searches have been recognized by the courts for their importance in maintaining facility security; however, they have found strip searches to be highly intrusive. Because they are intrusive, the courts have consistently held that arrestees cannot be subjected to strip searches unless there is individualized or reasonable suspicion that a prisoner has contraband. Reasonable suspicion may be assumed for prisoners whose charges, criminal histories, or current probation or parole status would reasonably be assumed to create a significant risk. The court's rationale in limiting strip searches for arrestees is that persons who are not part of the criminal subculture and who are briefly in jail awaiting bond or recognizance release for minor offenses should not be required to endure the humiliation of the strip search, because they will likely be released within minutes or a very few hours and are not, therefore, a great risk to the security of the facility. The restriction on strip searches is relaxed after arrestees have exhausted their options to gain pretrial release and have become a part of the jail population.
204	204	11. Strip searches are a necessary tool in protecting jail security and safety because:
205	205	111. Prisoners are capable of hiding weapons, drugs, and other contraband on their bodies in ways that substantially reduce the likelihood that the hidden items will be found in a frisk or rub search; and
206	206	111. Strip searches add a dimension to the search which permits visual examination of the subject in a manner which, if done competently, ensures that contraband hidden on the body will be found, and in some instances, may lead to discovery of contraband hidden in body cavities.
	204	+11. Persons may voluntarily waive individual rights. Inmates who voluntarily remove their own clothing or otherwise take actions which result in a loss of sexual privacy waive their right to privacy. Visual observation of unclothed prisoners may be unavoidable when there is a voluntary waiver of sexual privacy rights.
207	207
208	208	**AD 01_107 __VISUAL BODY CAVITY SEARCH__**
209	209
...	...	@@ -212,7 +212,7 @@
212	212	111. Staff conducting or assisting with the search; and/or
213	213	111. Staff working in the area.
214	214	11. Visual body cavity searches may include:
215		-111. Arrestees at admission as detailed in the Initial Search section below (AD 01_109);
	213	+111. Arrestees at admission as detailed in the Initial Search section below (AD 01_110);
216	216	111. Inmates believed to be in possession of contraband;
217	217	111. Inmates in an area of a scheduled shakedown or area search;
218	218	111. Inmates leaving the secure area of the jail who are still in custody;
...	...	@@ -327,13 +327,3 @@
327	327	11. In the event that the gender of a prisoner is in question, the prisoner shall be strip searched by the prisoner-claimed gender for verification. If the prisoner refuses to comply and does not claim a specific gender, the prisoner shall be strip searched by the gender that most predominately appears to be the gender of the prisoner, as determined by the on-duty supervisor.
328	328	1. Rationale:
329	329	11. Erroneously housing a prisoner with a population of the opposite gender could result in a multitude of problems and/or liability issues.
330		-
331		-**AD 01_115 __VOLUNTARY EXPOSURE__**
332		-
333		-1. Policy:
334		-11. Voluntary exposure occurs when, during searches or other activities, a prisoner on his/her own initiative disrobes exposing his/her private parts to visual observation of staff. Such prisoner actions should be considered to be a voluntary exposure and a voluntary waiver of the prisoner's privacy.
335		-11. When a prisoner voluntarily displays private areas or fails to take advantage of procedures designed to protect sexual privacy, staff members may proceed with the performance of their duties and the prisoner will be deemed as having waived sexual privacy interests.
336		-11. Voluntary exposures should be documented in the jail computer system.
337		-1. Rationale:
338		-11. Persons may voluntarily waive individual rights. Prisoners who voluntarily remove their own clothing or otherwise take actions which result in a loss of sexual privacy, waive their right to privacy. Visual observation of unclothed prisoners may be unavoidable when there is a voluntary waiver of sexual privacy rights.
339		-11. It is not uncommon for prisoners to disrobe in front of staff as an act of defiance or intimidation. Such actions may also be due to intoxication, drug use, or mental disorder. Prisoners may also intentionally disrobe in an attempt to prevent staff members of the opposite gender from being able to perform duties in the proximity of the disrobed prisoner.