North Carolina Administrative Code › Title 14B - Public Safety › Chapter 12 - DIVISION OF CORRECTIONS › Subchapter D - CUSTODY AND SECURITY › Section .0100 - SEARCH AND SEIZURE › Section 12D .0101 - SEARCHES OF VISITORS AND OTHER PERSONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Before and
				  after every visiting period within the confines of a facility, a search of the
				  room or area where the visits are held will be made to assure that no
				  contraband has been concealed in or under any structure, equipment or
				  furniture.
(b) All visitors and all
				  other persons who seek entry to any facility for any purpose may be subjected
				  to a routine search of their person or their effects upon entering or leaving a
				  facility or any time they are within the confines of a facility. Such searches
				  are authorized at the discretion of the Officer-In-Charge. Appropriate
				  documentation shall be made to the Superintendent.
(c) A routine search may also include the
				  search of personal effects. Personal effects such as handbags, boxes,
				  briefcases, or other items under the immediate control or access of the
				  visitor, should remain outside the confines of the facility. When in the
				  judgment of the Officer-In-Charge that it is necessary for any of these
				  personal effects to be carried within the Institution, such personal effects
				  will be subject to a thorough search. Visitors who refuse to agree to a search
				  of personal effects will not be authorized to visit.
(d) Routine searches of visitors and other
				  persons seeking entry to a facility must be conducted by an officer of the same
				  sex as the visitor or other person seeking entry to a facility. Wherever
				  possible, more than one staff person should be present for such searches. If an
				  officer of the same sex as the visitor is not available to conduct the routine
				  search, visitors suspected of carrying contraband on their person must be
				  denied entry into the facility. When visitors are suspected of carrying
				  contraband, the Officer-In-Charge is authorized to request the assistance of
				  local law enforcement provided that such assistance results in a search of the
				  visitor by an officer of the same sex.
(e) If contraband is found on the person or
				  in the personal effects of the visitor, the contraband should be confiscated
				  and local law enforcement authorities notified immediately. Reasonable efforts
				  short of the Use of Force should be utilized to encourage the visitor to remain
				  until local law enforcement authorities arrive. If the visitor refuses to
				  remain, as much descriptive and informational data as can be accumulated by
				  correctional staff regarding the identity of the visitor and direction of
				  departure and method of departure, should be communicated to the local law
				  enforcement officers.
(f) A visitor
				  seeking entry to the facility can avoid a routine search by leaving the
				  facility. If the visitor refuses to submit to a routine search, the visitor
				  shall be denied access to the facility. The visitor should also be considered
				  for exclusion from an inmate's approved visitor's list in accordance with
				  05 NCAC
				  02D .0201(d)(1).
(g) If prior to visitation, prison officials
				  receive reliable information that a visitor will attempt to smuggle contraband
				  into the facility, the Officer-In-Charge should contact the local law
				  enforcement agency for assistance.
(h) Complete searches of visitors is solely
				  the authority of local law enforcement authorities with the consent of the
				  visitor or by local law enforcement authorities having the legal basis to
				  conduct the search. While such searches may be conducted on agency property,
				  Division staff should not provide assistance. Any assistance provided should be
				  in response to a request from local law enforcement authorities and predicated
				  upon the maintenance of order and security at the facility.
Authority
					 G.S.
					 14-258.1;
					 15A-404;
					 148-4;
					 148-11;
Eff. November
					 1, 1991;
Transferred from
					 05 NCAC
					 02F .0104 Eff. June 1, 2013;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. January 9,
					 2018.