Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.10-004 - AR 401 - Searches for and Control of Contraband

Current through Register Vol. 49, No. 6, June, 2024
DOC 401 Searches for and Control of
		  Contraband
I.
AUTHORITY
:
The Board of Corrections is vested with the authority to
			 promulgate Ainistrative 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) and Correction
			 (DCC) 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 or items defined as 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 the items 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 or control
		  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 are authorized to be retained,
		  within limits as posted in the facility of assignment, on an offender's person
		  or in living or storage areas.
C.
State Issued Property
: Items issued to an offender for
		  personal use and which are retained, within a reasonable amount, by the
		  offender on his or her person or in the assigned living area.
State issued property other than that of a rapidly expendable
			 nature (i.e., toilet paper, soap, toothpaste, etc.) is to be clearly identified
			 as state property.
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 carying
(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 a DCC Facility.
V.
POLICY
:
It shall be the policy of the ADC and the DCC 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 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 shall be considered contraband.
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. Disposal of
		  Excess Personal Property Confiscated as Contraband, with exception of 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 pickup at a regular visit by someone on the inmate's list of
			 approved visitors (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 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: 01/25/2011
Effective Date: 02/03/2011
Supersedes: DOC 401
Dated: 03/10/94