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 5 - Personnel › Article 2 - Employees › Section 3410.2 - Passive Alert Canine Searches of Employees, Contractors, Attorneys, and Volunteers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An employee,
					 employees of other government agencies, contract employees, contractors and their
					 employees, volunteers, and attorneys or legal organizations as identified in section
					 3141(c)(9) authorized
					 to practice law in California, another state, or the District of Columbia 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. Passive alert canines
					 shall be used to combat the introduction of illegal drugs and contraband being
					 smuggled into CDCR facilities.
(b)
					 Direct searches of employees, employees of other government agencies, contract
					 employees, contractors and their employees, volunteers, and attorneys or legal
					 organizations as identified in section
					 3141(c)(9) authorized
					 to practice law in California, another state, or the District of Columbia by Canine
					 Units.
Prior to beginning a search of employees, employees of other
						government agencies, contract employees, contractors and their employees,
						volunteers, and attorneys or legal organizations as identified in section
						3141(c)(9) authorized
						to practice law in California, another state, or the District of Columbia using
						passive alert canines, the Search Operations Commander or designee shall be
						responsible for determining if the search will be of all employees entering or
						exiting an area, or only those selected on a random basis (e.g., every 3rd or 5th).
						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.
(1) The canine handler shall inform employees,
					 employees of other government agencies, contract employees, contractors and their
					 employees, volunteers, and attorneys or legal organizations as identified in section
					 3141(c)(9) authorized
					 to practice law in California, another state, or the District of Columbia that
					 he/she is conducting passive air scan searches of individuals using passive alert
					 canines and that the purpose of the scan is to detect illegal drugs.
(2) The canine handler shall inform each employee,
					 employees of other government agencies, contract employees, contractors and their
					 employees, volunteers, and attorneys or legal organizations as identified in section
					 3141(c)(9) authorized
					 to practice law in California, another state, or the District of Columbia that the
					 passive canines have been trained to detect the presence of contraband by smell and
					 to alert their handlers to that detection by sitting down or staring.
(3) Employees, employees of other government
					 agencies, contract employees, contractors and their employees, volunteers, and
					 attorneys or legal organizations as identified in section
					 3141(c)(9) authorized
					 to practice law in California, another state, or the District of Columbia shall be
					 directed to not interact with the canine in any way.
(4) While inadvertent contact is a possibility,
					 the handler shall not instruct the canine to contact the individual being
					 scanned.
(5) If the subject of the air
					 scan search seems excessively nervous, the handler shall attempt to reassure the
					 person that the procedure is safe, but the person shall not be permitted to pass
					 into the institution without being scanned.