Changes for page AD 01 Prisoner Searches

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...	...	@@ -16,15 +16,15 @@
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		-09/03/2021
	27	+01/09/2017
28	28
29	29
30	30	Sheriff Cory Pulsipher
...	...	@@ -48,25 +48,21 @@
48	48
49	49	AD 01_107 Visual Body Cavity Search
50	50
51		-AD 01_108  Body Scan
	51	+AD 01_108 Digital Body Cavity Search
52	52
53		-AD 01_109  Digital Body Cavity Search
	53	+AD 01_109 Initial Search
54	54
55		-AD 01_110  Initial Search
	55	+AD 01_110 Follow-Up Search
56	56
57		-AD 01_111  Follow-Up Search
	57	+AD 01_111 Exigent Circumstances
58	58
59		-AD 01_112  Exigent Circumstances
	59	+AD 01_112 Cross Gender
60	60
61		-AD 01_113  Cross Gender
	61	+AD 01_113 Mixed Gender
62	62
63		-AD 01_114  Mixed Gender
	63	+AD 01_114 Unknown Gender
64	64
65		-AD 01_115  Unknown Gender
66	66
67		-AD 01_116  Voluntary Exposure
68		-
69		-
70	70	**AD 01_101 __DEFINITIONS__**
71	71
72	72	1. WCSO: Washington County Sheriff's Office
...	...	@@ -86,14 +86,6 @@
86	86	1. Transsexual: A person who has undergone surgery and hormone injections to effect a change of gender.T
87	87	1. Transvestite: A person who uses clothing, make-up, and/or other devices to appear to be of the opposite gender.
88	88	1. Voluntary Waiver (of Sexual Privacy Rights): Actions taken willfully by a prisoner that may reduce the prisoner's sexual privacy rights. 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.
89		-1. Body Scan: X-ray technology used to produce an image revealing the presence of contraband concealed on or inside of a subject.
90		-1. Body Scan Device: A system for obtaining full height radiographic images of a person to detect weapons, explosives, drugs, metals, and other contraband either concealed under the clothes, swallowed, or hidden in anatomical cavities of the human body without causing harm to the scanned person.
91		-1. X-Ray: Also referred to as X-radiation, is a form of electromagnetic radiation similar to light but of shorter wavelength and capable of penetrating solids and of ionizing gases.
92		-1. Radiation: The process in which energetic particles or waves travel through a medium or space. There are two distinct types of radiation: ionizing and non-ionizing. X-radiation is an ionizing radiation.
93		-1. Radiation Survey: Measurement of the X-radiation equivalent dose rate at the external surfaces of the body scan device, the personnel work station, the boundaries of the working zone and in adjacent rooms, if applicable.
94		-1. Exposure: Means being exposed to ionizing radiation or to radioactive material.
95		-1. Sievert: A unit used to derive a quantity called equivalent dose. This relates the absorbed dose in human tissue to the effective biological damage of the radiation. Equivalent dose is often expressed in terms of millionths of a Sievert, or micro Sievert. One Sv is equal to 1,000,000 micro Sieverts. One Sievert equals 100 rem. (The rem is an older unit of measurement.)
96		-1. Dose: A general term used to express how much radiation exposure a person or other material has received.
97	97
98	98	**AD 01_102 __REFERENCES__**
99	99
...	...	@@ -119,7 +119,6 @@
119	119	11. F03.03.05: Strip Searches
120	120	11. F03.03.07: Digital Body Cavity Searches
121	121	11. F03.03.08: Exigent Circumstances
122		-11. F03.03.09: Voluntary Exposure
123	123	11. J05.03.03: Admission Searches of Work-Release Inmates
124	124	11. N01.03.01: General
125	125	11. N01.03.02: Female Inmates
...	...	@@ -214,6 +214,7 @@
214	214	11. Strip searches are a necessary tool in protecting jail security and safety because:
215	215	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
216	216	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.
217	217
218	218	**AD 01_107 __VISUAL BODY CAVITY SEARCH__**
219	219
...	...	@@ -237,31 +237,9 @@
237	237	1. Rationale:
238	238	11. It is important to keep judicial concerns about the intrusiveness of visual body cavity searches in mind; however, the legal tests for strip searches and visual body cavity searches are essentially identical in most jurisdictions.
239	239
240		-**AD 01_108  __BODY SCAN__**
	228	+**AD 01_108 __DIGITAL BODY CAVITY SEARCH__**
241	241
242	242	1. Policy:
243		-11. Following an initial intake search (rub search, strip search, or visual body cavity search as outlined above), all prisoners shall be searched using a body scan device. The body scan does not replace an initial intake search.
244		-11. Exceptions to the body scan search requirement may be granted by the shift supervisor. The reason for the exception shall be documented.
245		-11. Pregnant prisoners shall not be scanned.
246		-11. The body scan device shall only be operated by personnel trained in the proper use of the body scan device.
247		-11. Personnel performing the scan (and within sight of the visual display) should be the same sex as the person being scanned.
248		-11. A prisoner's refusal to cooperate with a body scan may qualify the prisoner for a visual body cavity search; with reasonable suspicion that the prisoner is concealing contraband.
249		-11. Any prisoner property within the facility may be scanned by the body scan device.
250		-11. Scanned images of discovered contraband will be retained as evidence and processed as such.
251		-11. Scanned images not detecting contraband may be retained for further review and/or training purposes.
252		-11. (((
253		-WCSO staff shall not attempt any repairs of a body scan device. If a body scan device is not working properly, it should remain unplugged from a power source until it is repaired.
254		-)))
255		-1. Rationale:
256		-11. Body scan devices have been proven to detect contraband that a rub search or strip search could not detect.
257		-11. Certain situations may be too problematic or dangerous to use a body scan device. During such situations, utilization of the shift supervisor's expertise may produce the most effective outcome. Scanning a combative prisoner will not produce usable images.
258		-11. Adequate training is necessary to achieve appropriate results and reduce liability.
259		-11. Body scan devices may detect contraband within property items that are difficult to otherwise search (e.g., peanut butter).
260		-11. In order to avoid injury to persons or damage to the body scan device, repairs require properly trained personnel.
261		-
262		-**AD 01_109  __DIGITAL BODY CAVITY SEARCH__**
263		-
264		-1. Policy:
265	265	11. Digital body cavity searches shall be conducted in a private room and shall be done in a manner which reasonably ensures that prisoners being searched are observed only by staff conducting or assisting with the search.
266	266	11. Digital body cavity searches may be used when jail officers have a reasonable suspicion that a prisoner has drugs or other contraband hidden in the rectum or vagina.
267	267	11. Digital body-cavity searches shall be:
...	...	@@ -278,7 +278,7 @@
278	278	111. Use of digital searches increases the risk of being detected for prisoners who violate contraband regulations and may deter some of the prohibited activity.
279	279	11. Although not a legal requirement, obtaining a valid search warrant prior to conducting a digital body cavity search may assist with the defense of a potential related lawsuit.
280	280
281		-**AD 01_110  __INITIAL SEARCH__**
	247	+**AD 01_109 __INITIAL SEARCH__**
282	282
283	283	1. Policy:
284	284	11. All arrestees entering the jail shall receive an initial search by PCF staff. The initial search shall be a rub search, unless a more intrusive search is required because there is:
...	...	@@ -302,7 +302,7 @@
302	302	11. The reasonable suspicion standard for intrusive searches is a clearly established constitutional requirement.
303	303	11. Court decisions requiring reasonable suspicion before conducting intrusive searches during the admissions process apply only to pretrial arrestees being booked for nonviolent misdemeanors.
304	304
305		-**AD 01_111  __FOLLOW-UP SEARCH__**
	271	+**AD 01_110 __FOLLOW-UP SEARCH__**
306	306
307	307	1. Policy:
308	308	11. If a prisoner has exhausted efforts to make bail or obtain other pre-arraignment release and must be moved into the jail population, a more thorough search may then be provided. A strip search or visual body cavity search may be conducted at this stage. However, prisoners shall not be transitioned from arrestee status for the purpose of conducting a strip search or visual body cavity search.
...	...	@@ -313,7 +313,7 @@
313	313	1. Rationale:
314	314	11. Arrestees should not be moved from the admissions area until reasonable efforts to secure a bail release have been exhausted. When the prisoner is moved to the general population, more thorough and intrusive searches are justified because moving a prisoner into the general population who has not been thoroughly searched increases the potential for introduction of weapons, drugs, or other dangerous contraband into the general population; jeopardizing the safety of staff, the safety of other inmates, and the security of the facility.
315	315
316		-**AD 01_112  __EXIGENT CIRCUMSTANCES__**
	282	+**AD 01_111 __EXIGENT CIRCUMSTANCES__**
317	317
318	318	1. Policy:
319	319	11. Exigent circumstances may justify a search which under normal conditions would not ordinarily justify the search or level of intrusiveness of the search.
...	...	@@ -320,7 +320,7 @@
320	320	1. Rationale:
321	321	11. Emergencies and other circumstances which require immediate action to meet safety or security needs create an exception to the limits on searches.
322	322
323		-**AD 01_113  __CROSS GENDER__**
	289	+**AD 01_112 __CROSS GENDER__**
324	324
325	325	1. Policy:
326	326	11. Female staff may rub search male prisoners in the normal course of duty;
...	...	@@ -344,7 +344,7 @@
344	344	111. The requirements of Title VII which justify cross-gender searches by female staff, do not justify males searching female prisoners. Only under very limited exigent circumstances or where a female prisoner intentionally removes her own clothing or otherwise acts in a manner which amounts to a voluntary waiver of sexual privacy interests are male officers justified in participating in searches of female prisoners.
345	345	11. Refer to “Inmate Surveillance and Supervision” policy (CC 08).
346	346
347		-**AD 01_114  __MIXED GENDER__**
	313	+**AD 01_113 __MIXED GENDER__**
348	348
349	349	1. Policy:
350	350	11. Hermaphrodites shall be searched by the gender that is most predominate in the prisoner to be searched, as determined by the on-duty supervisor.
...	...	@@ -353,19 +353,9 @@
353	353	1. Rationale
354	354	11. Mixed gender situations can be confusing to staff who need to complete prisoner searches. Some situations may need to be deferred to the best judgment of the individuals conducting the searches.
355	355
356		-**AD 01_115  __UNKNOWN GENDER__**
	322	+**AD 01_114 __UNKNOWN GENDER__**
357	357
358	358	1. Policy:
359	359	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.
360	360	1. Rationale:
361	361	11. Erroneously housing a prisoner with a population of the opposite gender could result in a multitude of problems and/or liability issues.
362		-
363		-**AD 01_116  __VOLUNTARY EXPOSURE__**
364		-
365		-1. Policy:
366		-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.
367		-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.
368		-11. Voluntary exposures should be documented in the jail computer system.
369		-1. Rationale:
370		-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.
371		-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.