California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 2 - Inmate Resources › Article 7 - Visiting › Section 3173.2 - Searches and Inspections

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(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.
(b) Visitors shall not be
					 forcibly searched unless institution/facility officials possess a court issued
					 warrant to conduct the search, or are being detained for unlawful actions or
					 activities in accordance with section
					 3292.
(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:
(1) Any person coming
					 onto the grounds of any department facility is subject to search by a department
					 canine as part of the department's drug interdiction program.
(2) Direct Search of Visitors using Passive Alert
					 Canines.
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.
(A) The canine
					 handler shall make a courteous Visitor Search Announcement informing the visitor(s)
					 that he/she is conducting passive canine air scan searches of visitors using passive
					 alert canines and that the purpose of the scan is to detect illegal drugs.
(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.
(C) The visitor shall be directed to
					 not interact with the canine in any way.
(D) While inadvertent contact is a possibility,
					 the handler shall not instruct the canine to contact the visitor.
(E) If the visitor seems excessively nervous, the
					 handler shall attempt to reassure the visitor that the procedure is safe.
(3) Results of a Canine Search for
					 Visitors Not Identified in Section
					 3410.2.
(A) If the canine does not give a positive canine
					 alert during an air scan search of a visitor, the visitor shall be permitted to
					 resume his/her visitor processing.
(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.
(C) A visitor found in possession of drugs and/or
					 cell phones shall be referred to the institution's Investigative Services Unit (ISU)
					 for possible arrest and shall be suspended from visiting at any CDCR facility
					 pursuant to sections
					 3176.1,
					 3176.2, and
					 3176.3.
(D) Any confiscated controlled substance or other
					 contraband shall be handled as evidence.
(E) Whenever a canine handler finds contraband,
					 the find shall be reported to the on duty supervisor. The supervisor shall determine
					 what action shall be taken.
(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.
(4) Positive Canine
					 Alert due to prescribed medications.
(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.
(5) Outside Law Enforcement Agencies.
Local police officers or other law enforcement officers shall
						not be involved in the search of visitors.
(6) Arrests/Citations/District Attorney Referral.
(A) Visitors who are searched and found in
					 possession of drugs or contraband are subject to arrest. If an arrest is initiated,
					 those arrested, along with the drugs or contraband discovered shall be turned over
					 to the institution's ISU.
(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.
(C) If any visitor is found in
					 possession of drugs or contraband, the ISU Lieutenant/Search Commander shall make
					 any decision to arrest, issue a citation, or refer the matter to the District
					 Attorney's office for prosecution.
(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).