(a)
Insofar as possible, a cell, room, or dormitory bed area and locker will be
thoroughly inspected immediately upon its vacancy and again, if there is a
significant time lapse, before another inmate is assigned to the same cell,
room or dormitory bed and locker. Such inspections are required and must be
recorded for restricted housing unit and isolation cells. The purpose of such
inspections is to fix responsibility or the absence of responsibility for
security and safety hazards and serious contraband found in the cell, room or
dormitory area.
(1) Occupied cells, rooms and
dormitory areas, including fixtures and lockers, and any personal and
state-issued property of the occupant will be inspected on an infrequent and
unscheduled basis. More frequent inspections will be conducted in specialized
housing units, depending upon the security requirements of the unit and the
risk an individual inmate presents to that security.
(2) Cell and property inspections are
necessary in order to detect and control serious contraband and to maintain
institution security. Such inspections will not be used as a punitive measure
nor to harass an inmate. Every reasonable precaution will be taken to avoid
damage to personal property and to leave the inmate's quarters and property in
good order upon completion of the inspection.
(3) An inmate's presence is not required
during routine inspections of living quarters and property when the inmate is
not or would not otherwise be present. During special inspections or searches
initiated because the inmate is suspected of having a specific item or items of
contraband in his or her quarters or property, the inmate should be permitted
to observe the search when it is reasonably possible and safe to do
so.
(4) The inmate will be given a
written notice for any item(s) of personal and authorized state-issued property
removed from his or her quarters during an inspection and the disposition made
of such property. The notice will also list any contraband picked up or any
breach of security noted during the inspection, and the follow-up action
intended by the inspecting officer.
(b) An inmate is subject to an inspection of
his or her person, either clothed or unclothed, when there is a reasonable
suspicion to believe the inmate may have unauthorized or dangerous items
concealed on his or her person, or that he or she may have been involved in an
altercation of any kind. Such inspections may also be a routine requirement for
inmate movement into or out of high security risk areas. Random or spot-check
inspections of inmates may also be authorized by the institution head to
prevent possession and movement of unauthorized or dangerous items and
substances into, out of, or within the institution. Visual daily inspections of
inmates shall be made to ensure compliance with departmental grooming
standards. All such inspections shall be conducted in a professional manner
which avoids embarrassment or indignity to the inmate. Whenever possible,
unclothed body inspections of inmates shall be conducted outside the view of
others.
(1) Correctional employees, other than
qualified medical staff, shall not conduct unclothed body inspections of
inmates of the opposite sex except under emergency conditions with life or
death consequences.
(2) Routine
inspections of clothed male inmates may be performed by employees of either
sex.
(3) Body inspection of clothed
female inmates shall be conducted by female correctional employees only, except
in emergency situations requiring the immediate search of inmates to avoid the
threat of death, escape, or great bodily injury. In such emergency situations,
male correctional employees may conduct clothed body inspections only until
sufficient numbers of female correctional employees are available to assume
critical body search duties.
(4)
Male correctional employees shall not, under any circumstances, perform
non-emergency body searches of female inmates.
(5) Any inspection of body cavities, other
than visual or metal detector inspections, will be conducted in a medical
setting under the direct supervision of a physician. Any physical intrusion
into body cavities must be performed by a physician, and then only after all
less obtrusive methods have failed to bring the inspection to a
conclusion.
(c) Inmate
Body Searches. Inmates shall submit to body inspections using contraband and
metal detection devices and electronic drug detection devices, including but
not limited to, ION scanners and low-dose, full-body x-ray scanners. Inmates
shall also submit to inspections of all personal items, including but not
limited to, wheelchairs, implants, prostheses, and assistive devices, using
contraband and metal detection devices and electronic drug detection devices,
including but not limited to, ION scanners.
(1) Contraband and metal detection devices
and electronic drug detection devices, including but not limited to, ION
scanners and low-dose, full-body x-ray scanners shall be used on inmates when
they leave a visiting area, upon conclusion of a family visit, upon returning
to a yard or facility from vocational or educational classes, upon entering or
exiting a secure perimeter, and prior to placement into restrictive
housing.
(2) The use of the
low-dose, full-body x-ray scanners shall comply with Code of Federal
Regulations, Title 28, Section
115.15(a)
(7/1/2012), which is hereby incorporated by reference.
(3) Low-dose, full-body x-ray scanners shall
adhere to the American National Standard Institute's Radiation Safety
for Personnel Security Screening Systems Using X-Ray or Gamma
Radiation (ANSI/HPS N43.17-2009), which is hereby incorporated by
reference. Scanner settings shall be set by the manufacturer to 0.25
microsieverts per scan. The annual radiation limit shall be 250 microsieverts
per inmate and each scan shall have a radiation dose of 0.25 microsieverts. A
low-dose, full-body x-ray scanner shall identify the inmate by CDCR number and
determine the annual radiation to which the inmate has been previously exposed
as a result of low-dose, full-body x-ray scanning relative to the annual
radiation limit before a scan is initiated.
(4) If the inmate has reached the annual
radiation limit pursuant to subsection
3287(c)(3), the
machine shall not perform a scan. A scan shall only be conducted when the
radiation to which the inmate has been previously exposed as a result of
scanning is determined to be under the annual radiation limit, and at least
0.25 microsieverts remain before the inmate reaches their annual radiation
limit.
(5) An inmate shall be
excused from a low-dose, full-body x-ray scanner search in the event of an
emergency custody circumstance in which the inmate's behavior creates a safety
risk for the inmate, other inmates, or CDCR staff if the search is performed,
and requires immediate staff attention to deescalate the situation and maintain
the safety and security of the institution. The staff member who is escorting
the inmate to be searched shall make the determination that the inmate cannot
safely be searched using the low-dose, full-body x-ray scanner.
(A) An emergency custody circumstance
includes physical aggression from the inmate requiring restraint of the inmate
in order to maintain the safety and security of the institution or a
circumstance where an inmate refuses to ambulate and stand up on the machine's
platform to be scanned.
(B) The
staff member who excused the inmate from a search using the low-dose, full-body
x-ray scanner shall document the emergency custody excusal on CDC Form 128-B,
General Chrono (Rev. 4/74) as soon as is permissible and forward the completed
Form to the warden for signature. The CDC Form 128-B shall be signed by the
warden no later than 48 hours after the date of the emergency custody
circumstance. A copy of the form shall be given to the inmate, and shall be
stored in the Electronic Records Management System (ERMS), as defined in
section
3000.
(6) An excusal for medical circumstances
shall be documented on CDC Form 128-C, Chrono-Medical, Psychiatric, Dental
(Rev. 01/96), and signed by a CDCR medical staff member of a level no lower
than a nurse practitioner. A copy of the form shall be given to the inmate, and
shall be stored in the ERMS.
(7) An
inmate who is excused from being scanned with a low-dose, full-body x-ray
scanner pursuant to subsections
3287(c)(5) or
3287(c)(6), or
who has reached the annual radiation limit pursuant to subsection
3287(c)(3), shall
be searched by alternate means, including but not limited to, passive canine
air scan searches, hand-held metal detectors, walk-through metal detectors, and
ION scanners.
(8) An inmate shall
notify a staff member that he or she is excused from being searched with a
low-dose, full body x-ray scanner due to an emergency custody or medical
circumstance, whereupon verification of excusal is required. At least one of
the following two methods of verification shall be used:
(A) The inmate shall present a copy of the
approved CDC Form 128-B or CDC Form 128-C to a staff member operating a
low-dose, full-body x-ray scanner, or
(B) A staff member shall access the copy of
CDC Form 128-B or CDC Form 128-C that is stored in ERMS.
(9) In the event that verification cannot be
obtained through one of the methods enumerated in subsections
3287(c)(8)(A) or
3287(c)(8)(B),
staff shall search the inmate in accordance with subsection
3287(c)(7).
(10) An inmate who is excused from being
scanned with a low-dose, full-body x-ray scanner for emergency custody
circumstances pursuant to subsection
3287(c)(5) shall
be subject to disciplinary action in accordance with section
3315.
(d) Passive Air Scan Searches. Inspections of
inmate cell or living areas, property, work areas, and body shall be conducted
on an unannounced, random basis as directed by the institution head. Such
inspections shall be conducted no more frequently than necessary to control
contraband, recover missing or stolen property, or maintain proper security of
the institution.
(1) Inmates shall be subject
to passive air scan searches by a passive alert canine.
(2) Direct Searches of inmates: The canine
handler shall make an announcement informing the inmate(s) that he/she is
conducting passive air scan searches using a passive alert canine and that the
purpose of the scan is to detect illegal drugs. The inmate does not have the
right to refuse the search. An inmate who refuses to be searched may be subject
to disciplinary action and subject to additional search and urine testing for
the presence of drugs.
(A) While inadvertent
contact is a possibility, the handler shall not instruct the canine to contact
the inmate.
(B) If the inmate seems
excessively nervous, the handler shall attempt to reassure the inmate that the
procedure is safe.
(3)
Results of a Canine Search. If the canine gives a positive canine alert during
a passive air scan search of the inmate, the inmate shall submit to an
unclothed body search and urinalysis testing.
(A) Any confiscated controlled substance
shall be handled as evidence.
(B)
Whenever a Canine handler finds contraband, the find shall be reported to the
on duty supervisor. The supervisor shall determine what action shall be
taken.
(e) A
written record shall be maintained of the disposition of contraband and stolen
or missing property confiscated as the result of cell, property, or body
inspections.
Notes
Cal. Code
Regs. Tit. 15, §
3287
Note: Authority cited: Section
5058, Penal
Code. Reference: Sections
5054 and
6402, Penal
Code; Jordan v. Gardner, 986 F.2d 1521; and Title 28, Subsection
115.15, Code of Federal
Regulations.
Note: Authority cited: Section
5058, Penal
Code. Reference: Sections
5054 and
6402, Penal
Code; Jordan v. Gardner, 986 F.2d 1521; and Title 28, Subsection
115.15, Code of Federal
Regulations.
1.
Amendment filed 5-13-77; effective thirtieth day thereafter (Register 77, No.
20).
2. Amendment of subsection (a)(3) filed 2-22-79; effective
thirtieth day thereafter (Register 79, No. 8).
3. Amendment of
subsection (b)(1) filed 8-22-79; effective thirtieth day thereafter (Register
79, No. 34).
4. Amendment of subsection (b) and new subsection (c)
and (d) filed 2-8-88; operative 3-9-88 (Register 88, No. 7).
5.
Editorial correction of printing error in subsection (b) (Register 92, No.
5).
6. Amendment of subsections (b) and (c) filed 10-16-97 as an
emergency; operative 10-16-97 (Register 97, No. 42). Pursuant to Penal Code
section
5058(e),
a Certificate of Compliance must be transmitted to OAL by 3-25-97 or emergency
language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 10-16-97 order transmitted
to OAL 3-23-98 and filed 5-4-98 (Register 98, No. 19).
8. Amendment
of subsection (b)(1), new subsections (b)(2)-(4), subsection renumbering and
amendment of Note filed 5-26-2005 as an emergency; operative 5-26-2005
(Register 2005, No. 21). Pursuant to Penal Code section
5058(e),
a Certificate of Compliance must be transmitted to OAL by 11-2-2005 or
emergency language will be repealed by operation of law on the following
day.
9. Certificate of Compliance as to 5-26-2005 order transmitted
to OAL 9-28-2005 and filed 11-1-2005 (Register 2005, No. 44).
10.
Amendment of subsection (b) filed 12-21-2009; operative 1-20-2010 (Register
2009, No. 52).
11. Amendment of section heading and new subsections
(c)(1)-(c)(3)(B) filed 10-8-2014 as an emergency; operative
10/8/2014 (Register
2014, No. 41). Pursuant to Penal Code section
5058.3, a
Certificate of Compliance must be transmitted to OAL by 3-17-2015 or emergency
language will be repealed by operation of law on the following
day.
12. Amendment of section heading and new subsections
(c)(1)-(c)(3)(B) refiled 3-17-2015 as an emergency; operative
3/17/2015 (Register
2015, No. 12). Pursuant to Penal Code section
5058.3, a
Certificate of Compliance must be transmitted to OAL by 6-15-2015 or emergency
language will be repealed by operation of law on the following
day.
13. Certificate of Compliance as to 3-17-2015 order, including
amendment of Note, transmitted to OAL 6-15-2015 and filed 7-27-2015; amendments
effective 7-27-2015 pursuant to Government Code section
11343.4(b)(3)
(Register 2015, No. 31).
14. New subsections (c)-(c)(10), subsection
relettering, amendment of newly designated subsection (d) and amendment of Note
filed 3-19-2021; operative 7/1/2021 (Register
2021, No. 12). Filing deadline specified in Government Code
section
11349.3(a)
extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
60 calendar days pursuant to Executive Order N-71-20.
15. Amendment
of subsection (a) filed 10-24-2023 as an emergency; operative
11/1/2023
(Register
2023, No. 43). Pursuant to Penal Code section
5058.3, a
Certificate of Compliance must be transmitted to OAL by 4-9-2024 or emergency
language will be repealed by operation of law on the following day.