Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.14-009 - AR 401: Searches for and Control of Contraband

Current through Register Vol. 49, No. 6, June, 2024
DOC 40
Searches for and Control of
		  Contraband
I.
AUTHORITY
:
The Board of Corrections is vested with the authority to
			 promulgate Administrative Regulations by Act 50 of 1968, Extraordinary Session,
			 as amended; Acts 548 and 549 of 1993, Regular Session (Ark. Code Ann. §
									16-93-1203
			 and
			 12-27-105
			 of 1993).
II.
PURPOSE
:
To provide the Departments of Correction (ADC) 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 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 specifically defined as
		  contraband including any excessive, authorized personal property whether seized
		  during a residential, vehicle, or body search.
B.
Personal
		  Property
: Items which are purchased by an offender, within limits
		  as posted in the facility of assignment.
C.
State Issued
		  Property
: Items issued to an offender for personal use and clearly
		  identified as state property of the offender unless of a rapidly expendable
		  nature.
D.
Reasonable
		  Suspicion
: Facts and rational inferences that department officials
		  are entitled to draw from in light of the person's experience.
The following are among the factors to be considered in
			 determining reasonable suspicion:
(1)
		  the demeanor of the suspect
(2) the
		  gait and manner of the suspect
(3)
		  prior background or character
(4)
		  whether the suspect is carrying anything and what they may be
		  carrying
(5) their manner of
		  dress
(6) the time of day or night
		  the suspect is observed
(7) any
		  overheard conversation
(8)
		  information received from a third person
(9) whether the suspect is consorting with
		  others whose conduct is "reasonably suspect"
(10) a visible effort to conceal an
		  article
(11) an 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 in the custody of ADC or confined in an ADC Facility.
V.
POLICY
:
It shall be the policy of the ADC 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 the 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
			 introduced.
A. General Searches:
Searches shall include but not be limited to the following
			 elements:
1. Searches of individuals
		  entering the facility, including searches of persons, packages, and other
		  items;
2. Searches of all vehicles
		  entering and leaving the facility;
3. Inspection of packages and other
		  non-vehicular items entering and leaving the facility to include inspection by
		  electronic means;
4. Use of
		  hand-held and walk-through metal detectors or other detection technology to
		  detect and deter the movement of contraband.
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 facilities 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; halls, day rooms, activity areas, and
		  outside recreation areas.
1. Pat Searches 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 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. Unannounced and irregular searches of
		  facilities shall be performed on a continual basis.
b. Each facility will have Standard Operating
		  Procedures (SOP's) established for searches. 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 is conducted while the employee is wearing
			 clothes. All staff is subject to pat searches. Pat searches may be conducted at
			 random. Pat searches may be conducted by an employee of either gender.
2. Strip Search of Staff
All staff is subject to strip searches. All strip searches may be
			 conducted in an area separate and private from offenders 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. The warden/center supervisor must have a reasonable
			 suspicion that contraband may be introduced into the facility.
E.
Search
		  of Visitors
:
1. Pat Search of
		  Visitors
The pat search is conducted while the visitor is wearing clothes.
			 The person conducting the search must be of the same gender as the person being
			 searched.
All visitors shall be notified by a plainly visible sign that pat
			 searches may be conducted. The search of a visitor shall only occur prior to or
			 during the visitor's meeting with the offender. Entry to the facility will be
			 denied if an individual is not willing to submit to a search.
2. Strip Search of Visitors
Strip Searches will be conducted only if reasonable suspicion
			 exists. Strip searches will be conducted by staff of the same gender as the
			 person being searched. 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 Deputy/Assistant Warden or Assistant Center Supervisor.
			 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 occur 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 or exceeds maximum number of allowed
			 items by policy shall be considered contraband.
These confiscated items shall be disposed of in accordance with
			 established procedures.
2.
		  Unauthorized Personal Property Received at Facilities
Offenders 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, an offenders' personal property not allowed at the
			 receiving facility shall be disposed of in accordance with established
			 procedures.
4. Copy of
		  Confiscated Item Form Delivered to Offender Pursuant to administrative
		  directive, a form will be completed by the officer conducting the shakedown of
		  an offender's cell, property or person 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, property or person only if items
		  of contraband or personal property are confiscated.
G.
Disposition of
		  Contraband
:
All contraband shall be safeguarded under the supervision of the
			 Deputy/Assistant Warden/Assistant Center Supervisor until termination of its
			 utilization as evidence. Contraband shall then be disposed of in accordance
			 with current policy.
VII.
REFERENCES
:
Board Approval Date: 05/26/2015
Effective Date: 06/19/2015
Supersedes: DOC 401
Dated: 09/19/2011