Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.92-009 - Searches for and Control of Contraband

Current through Register Vol. 49, No. 6, June, 2024
401 Searches for and Control of Contraband
I.
AUTHORITY
:
The authority of the Board of Correction to promulgate this
			 administrative regulation is confirmed in Act 50 of 1968, First Extraordinary
			 Session, as amended.
II.
PURPOSE
:
To provide Department of Correction staff with information and
			 guidelines regarding approved procedures for the suppression of contraband and
			 to specify approved search methods.
III.
APPLICABILITY
:
To all employees and inmates and especially those employees '
			 involved in searches for the suppression of contraband.
IV.
DEFINITIONS
:
A.
Contraband
: Any
		  article not authorized nor issued to an inmate as personal or state property,
		  nor purchased through the unit/center commissary. Also included is nuisance
		  contraband.
1. Nuisance Contraband - Any item
		  or article which may be or may have been authorized for possession, but which
		  is now prohibited because excessive quantities present health or fire hazards
		  or have become a housekeeping problem. Specific examples include but are not
		  limited to:
a. Excessive numbers of
		  newspapers, letters, or magazines;
b. Food items which have spoiled;
c. Items accumulated for the purpose of
		  barter or trade.
2.
		  Articles in excess of established unit/center limits, articles used for
		  unauthorized purposes, and/or articles in an inmate's possession in an
		  unauthorized area are also considered contraband.
Contraband seized from releasees during a residential, vehicle or
			 personal search is also included.
B.
Personal
		  Property
: Items which are purchased by or for an inmate and/or
		  given to an inmate which is authorized to be retained, within limits as posted
		  in the unit/center of assignment, on an inmate's person or in living or storage
		  area.
C.
State Issued
		  Property
: Items which are issued to an inmate for his or her
		  personal use and which may be retained, within a reasonable amount, by the
		  inmate on his or her person or in the living area.
State issued property other than that of a rapidly expendable
			 nature (i.e., toilet paper, soap, toothpaste, etc.) are to be clearly
			 identified as state property.
D.
Reasonable
		  Suspicion
: Prison officials must point to specific objective facts
		  and rational inferences that they are entitled to draw from those facts in
		  light of their experience. Unspecified suspicions fall short of providing
		  reasonable grounds to suspect that an individual will attempt to smuggle
		  contraband into the prison.
The following are among but not limited to the factors considered
			 in determining reasonable suspicion:
(1) demeanor of individual in suspect,
(2) gait and manner of suspect,
(3) prior background or character,
(4) whether the suspect is carrying
		  anything, and what,
(5) manner of
		  dress,
(6) the time of day or night
		  the suspect is observed,
(7) any
		  overheard conversation,
(8)
		  information received from third person,
(9) whether the suspect is consorting with
		  others whose conduct is "reasonably suspect,"
(10) apparent effort to conceal an article,
		  and
(11) apparent effort to avoid
		  identification or confrontation by officials.
E.
Individuals
: May
		  include but not be limited to inmates, releasees, employees, contracted staff,
		  visitors, volunteers, and any persons entering or leaving a
		  unit/center.
F.
Inmate
: Includes all persons incarcerated within a
		  Department of Correction facility or under release supervision.
V.
POLICY
:
It shall be the policy of the Department of Correction to have
			 procedures in place that detect and deter the introduction, manufacture,
			 possession, and/or conveyance of contraband.
VI.
PROCEDURE
:
All contraband discovered during a search or otherwise is to be
			 confiscated, recorded on the attached Form F-401 and reported to a supervisory
			 officer. The supervisory officer should investigate to determine exactly where
			 the contraband came from and how it was found.
A. General Searches
Searches shall include but not be limited to the following
			 elements:
1. Searches of individuals
		  entering the units/centers, including search of persons, packages, and other
		  items;
2. Searches of all vehicles
		  entering and leaving the units/centers;
3. Inspection of packages and other
		  nonvehicular items entering and leaving the units/centers to include inspection
		  by electronic means;
4. Use of
		  hand-held and walk-through metal detectors to detect and deter the movement of
		  contraband.
5. Use of depository
		  procedures for law enforcement weapons and ammunition outside the inmate
		  traffic area of the units/centers.
B. Inmate Searches
Procedures for inmate searches shall include the
			 following:
(1) Use of pat and strip
		  searches;
(2) Use of intrusive body
		  cavity searches in accordance with established procedures;
(3) Shakedowns in units/centers shall be
		  carried out in accordance with established procedures;
(4) Shakedowns in other common areas,
		  including but not limited to inmate and program work areas such as the kitchen,
		  visitation room, and school; as well as halls, day rooms, activity areas, and
		  outside recreation areas.
1. Pat Search of
		  Inmates
Pat searches may be conducted by an employee of either gender and
			 may be performed in any area of the unit/center and during movements. Pat
			 searches ordinarily do not require an inmate to remove clothing other than hats
			 and gloves.
2. Strip Search
		  of Inmates
Strip searches shall be conducted in a professional manner by
			 staff of the same gender as the inmate. In cases of emergency (i.e., escape,
			 riot, etc.), this provision may be waived.
3. Unit/Center Contraband Searches
a. Search of units/centers shall be performed
		  on a continual basis; however, unannounced and irregular.
b. Each unit/center will have Standard
		  Operating Procedures (SOP's) established for the search of the facilities.
		  Copies of the SOP's are to be a part of all post orders.
c. Contraband Searches Associated with
		  Institutional Lockdown
The Unit Warden/Center Supervisor may determine that an
			 institutional lockdown or partial lockdown is necessary to facilitate a search
			 for contraband. An institutional lockdown shall be premised on the presence of
			 contraband, e.g., recent surfacing of contraband of a serious nature,
			 potentially dangerous weapons, or a large quantity of drugs or cash--which, in
			 the estimation of the Unit Warden/Center Supervisor, constitutes a significant
			 threat to the security of the unit/center and safety of inmates and
			 staff.
D. Search of Staff
1. Pat Search of Staff
The pat search differs from the strip search in that it is
			 conducted while the employee is wearing clothes. The person conducting the
			 search must be of the same gender as the person being searched.
Searches may be conducted at random. The Unit warden/center
			 supervisor must have a reasonable suspicion that contraband may be introduced
			 into the unit/center.
2.
		  Strip Search of Staff
All staff are subject to strip searches. All strip searches may
			 be conducted in an area separate and private from inmates and other staff if
			 possible and in such a way as to ensure tact, privacy and a minimum of
			 embarrassment. Strip searches will be conducted by staff of the same gender as
			 the person being searched.
E. Search of Visitors
1. Pat Search of Visitors
a. The pat search differs from the strip
		  search in that it is conducted while the visitor is wearing clothes. The person
		  conducting the search must be of the same gender as the person being
		  searched.
b. All visitors shall be
		  notified by a plainly visible sign that pat searches may be conducted. The
		  warden/center supervisor must determine that reasonable suspicion exists before
		  a search is conducted. The search of a visitor shall only occur prior to or
		  during the visitor's meeting with the inmate. Searches shall not be conducted
		  on visitors after termination of visit with inmate. Entry to the facility will
		  be denied if an individual suspected of carrying contraband is not willing to
		  submit to a search.
2.
		  Strip Search of Visitors
a. Strip Searches
		  will be indicated only if reasonable suspicion exists. Strip searches of
		  visitors will not be conducted indiscriminately and must be authorized by the
		  Unit Warden/Center Supervisor or, in his or her absence, the
		  assistant.
b. Any visitor refusing
		  a search (pat or strip) shall be escorted from Department property and be
		  indefinitely suspended from visitation privileges.
F. Personal Property
Although it is essential that all searches be thorough and
			 systematic, it is equally important that no damage, loss or abuse occurs to any
			 personal property. Any such loss or damage that is determined to be through
			 neglect may result in disciplinary action against the negligent employee(s) and
			 officer(s) and they will be liable for the cost of replacement of such
			 items.
1. Excessive Authorized
		  Personal Property
Authorized inmate personal property in living quarters which
			 constitutes a significant safety concern, seriously impairs reasonable visual
			 observation or impedes reasonable search shall be considered contraband.
2. Unauthorized Personal Property
		  Received at Units/Centers
Inmates received at units/centers who possess unauthorized
			 personal property or receive in the mail shall have such property confiscated
			 and disposed of in accordance with established procedures.
3. Contraband Personal Property at Time of
		  Inter-Unit/Center Transfer
Upon transfer, inmate personal property not allowed at the
			 receiving unit/center shall be considered contraband and confiscated by the
			 receiving unit/center and disposed of in accordance with established
			 procedures.
4. Disposal of
		  Excess Personal Property Confiscated as Contraband, Except Legal Materials
Items of personal property confiscated as contraband shall not be
			 stored at the unit/center but shall be shipped at the inmate's expense or made
			 available for pick-up at a regular visit to an authorized visitor as designated
			 by the inmate (family or friends other than a Department employee) or destroyed
			 after thirty days upon inmate being notified of the pending destruction.
5. Copy of Confiscated Form
		  Delivered to Inmate
Form F-401 will be completed by the officer conducting the
			 shakedown of an inmate's cell and shall be completed at the time of the
			 shakedown. A copy of this form will be given to the inmate within 72 hours
			 following the shakedown of his/her cell only if items of contraband or personal
			 property are confiscated.
G. Disposition of Contraband
All contraband shall be safeguarded under the supervision of the
			 assistant warden/assistant center supervisor until termination of its
			 utilization as evidence. Contraband shall then be disposed of and the
			 disposition noted on Form F-401.
Board of Correction Approval Date: 9/15/92
Attorney General Review Date: 9/15/92
Date Filed Secy, of State:. 9/17/92
Supersedes: AR 401
Dated: 03/27/86