Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.94-024 - Reg. 401 - Searches for and Control of Contraband

Current through Register Vol. 49, No. 6, June, 2024
DCP 4.2
DOC
		  401 Searches for and Control of Contraband
I.
AUTHORITY
:
The Board of Correction and Community Punishment is vested with
			 the authority to promulgate Administrative Regulations by Act 50 of 196S,
			 Extraordinary Session, as amended; Acts 548 and 549 of 1993, Regular Session
			 (Ark. Code Ann. ss
			 16-93-1203
			 and
			 12-27-105
			 of 1993).
II.
PURPOSE
:
To provide Department of Correction/Community Punishment 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 offenders and especially those employees
			 involved in searches for the suppression of contraband.
IV.
DEFINITIONS
:
A.
Contraband
: Any
		  article not authorized nor issued to an offender as personal or state property,
		  nor purchased through the facility 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 facility limits, articles used for
		  unauthorized purposes, and/or articles in an offender's possession in an
		  unauthorized area are also considered contraband.
Contraband seized from offenders during a residential, vehicle or
			 personal search is also included.
B.
Personal
		  Property
: Items which are purchased by or for an offender and/or
		  given to an offender which is authorized to be retained, within limits as
		  posted in the facility of assignment, on an offender's person or in living or
		  storage area.
C.
State
		  Issued Property
: Items which are issued to an offender for his or
		  her personal use and which may be retained, within a reasonable amount, by the
		  offender 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
: Departmental 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 facility.
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 offenders, employees, contracted staff, visitors
		  , volunteers, and any persons entering or leaving a facility.
F.
Offenders
:
		  Persons sentenced to the Department of Correction or to the Department of
		  Correction for judicial transfer to the Department of Community Punishment or
		  confined in a community punishment center as a condition of probation,
		  suspended imposition of sentence, post prison transfer or under supervision of
		  the Department of Community Punishment.
V.
POLICY
:
It shall be the policy of the Department of Correction/Community
			 Punishment 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 pursuant to appropriate administrative directive 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 facility, including search of persons, packages, and other
		  items;
2. Searches of all vehicles
		  entering and leaving the facility;
3. Inspection of packages and other
		  nonvehicular items entering and leaving the facility 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 offender
		  traffic area of the facility.
B. Offender Searches
Procedures for offender 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 facility shall be carried
		  out in accordance with established procedures;
(4) Shakedowns in other common areas,
		  including but not limited to offender 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 Offenders
Pat searches may be conducted by an employee of either gender and
			 may be performed in any area of the facility and during movements. Pat searches
			 ordinarily do not require an offender to remove clothing other than hats and
			 gloves.
2. Strip Search of
		  Offenders
Strip searches shall be conducted in a professional manner by
			 staff of the same gender as the offender. In cases of emergency -(i.e., escape,
			 riot, etc.), this provision may be waived.
3. Facility Contraband Searches
a. Search of facilities shall be performed on
		  a continual basis; however, unannounced and irregular.
b. Each facility 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 Facility Lockdown
The Warden/Center Supervisor may determine that a facility
			 lockdown or partial lockdown is necessary to facilitate a search for
			 contraband. A facility 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 Warden/Center Supervisor, constitutes a significant
			 threat to the security of the facility and safety of offenders 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 warden/center supervisor
			 must have a reasonable suspicion that contraband may be introduced into the
			 facility.
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 offender 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 offender. Searches shall not be conducted
		  on visitors after termination of visits with offenders. 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 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 are 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 offender 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 Facilities
Offenders received at facilities who possess or receive in the
			 mail unauthorized personal property shall have such property confiscated and
			 disposed of in accordance with established procedures.
3. Contraband Personal Property at Time of
		  Inter-Facility Transfer
Upon transfer, offender personal property not allowed at the
			 receiving facility shall be considered contraband and confiscated by the
			 receiving facility 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 facility but shall be shipped at the offender's expense or made
			 available for pick-up at a regular visit to an authorized visitor as designated
			 by the offender (family or friends other than a Department employee) or
			 destroyed after thirty days upon the offender being notified of the pending
			 destruction.
5. Copy of
		  Confiscated Form Delivered to Offender
Pursuant to administrative directive, a form will be completed by
			 the officer conducting the shakedown of an offender's cell and shall be
			 completed at the time of the shakedown. A copy of this form will be given to
			 the offender 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 the form attached to the administrative directive.
VII.
REFERENCES
:
ACA Standards 3-4184; 3-4435; 3-4436; 3-4437
Board Approval Date: 2/17/94
Reference: AD 92:18
Effective Date: 3/10/94
Supersedes DOP 4.2 EMERG. DOC 401
Dated: 9/15/92