210 IAC 3-1-13 - Security and control
Authority: IC 11-8-2-5; IC 11-12-4-1
Affected: IC 11-12-4-1
Sec. 13.
(a) Each
sheriff shall establish the jail's policies and procedures for security and
control. This manual shall be available to all jail personnel and shall be
reviewed annually and updated as needed. Documentation of this review shall be
signed by the sheriff and maintained in front of the manual. The manual shall
include, but not be limited to, the following:
(1) Supervision.
(2) Searches and seizures.
(3) Facility security.
(4) Shakedowns.
(5) Firearms and other weapons.
(6) Maintenance of security
equipment.
(7) Key
control.
(8) Control of the
following:
(A) Tools.
(B) Sharp culinary equipment.
(C) Medical instruments.
(D) Razors.
(9) Records control and release of
information according to Indiana law.
(10) Population count.
(11) Chemical agents.
(12) Post orders.
(13) Escapes.
(14) Emergency situations, including the
following:
(A) A fire.
(B) A disturbance.
(C) An assault.
(D) A taking of hostages.
(E) Natural disasters.
(15) Transportation of inmates.
(16) The use of physical force.
(17) Responding to a suicide attempt or
suicidal inmate.
Jail officers shall be trained consistent with provisions of the security and control manual. Pretraining and posttraining examinations shall be administered to each jail officer and the results made part of the employee's record.
(b) Inmates shall not be permitted to handle,
use, or have jail keys of any type in their possession. There shall be at least
one (1) full set of keys, separate from those in use, stored in a safe place
accessible only to jail personnel, for use in event of an emergency.
(c) The use of physical force by jail
personnel shall be restricted to instances of justifiable self-protection,
protection of inmates from self-harm, protection of others, protection of
property, and prevention of escapes. Only that force necessary to control an
inmate shall be authorized. Written reports following any use of force shall be
promptly submitted to the sheriff or his or her designee. Jail personnel should
ensure the following:
(1) Only weapons
approved by the sheriff shall be used by jail personnel in emergency
situations. Any jail employee who discharges a firearm in the course of his or
her duty shall promptly submit a written report to the sheriff.
(2) Lethal weapons shall not be permitted
beyond a designated area to which inmates have access, except in emergency
situations as approved by the sheriff.
(3) Persons designated to authorize the use
of less lethal repellants or security devices shall be:
(A) named in writing; and
(B) trained in the proper deployment of these
items.
(4) Each sheriff
shall establish procedures for the treatment of persons injured as a result of
the application of force.
(d) Each jail shall maintain a secure
communication control center separate from other jail detention and
administrative functions. Jail officers and other personnel assigned to jail
duty shall be trained in security measures and the handling of special
incidents such as the following:
(1)
Assaults.
(2)
Disturbances.
(3) Deaths.
(4) Fires.
(5) Suicide attempts.
(6) Natural disasters.
Each jail shall have an audio communication system between the communication control center and the inmate living area that can be activated from the inmate living areas in an emergency.
(e) Each jail shall have equipment
necessary to maintain central lights, power, and communication in an emergency.
Emergency equipment shall be:
(1) tested at
least weekly for effectiveness; and
(2) promptly repaired or replaced as
necessary.
(f) Security
equipment shall be:
(1) sufficient to meet
facility needs; and
(2) stored in a
secure place, but readily accessible to staff.
There shall be a sufficient quantity of restraints, mechanical or disposable, or both, to evacuate all inmates from the jail in an emergency.
(g)
All:
(1) security perimeter
entrances;
(2) control center
doors;
(3) main cellblock doors;
and
(4) cell doors or housing units
opening into a corridor; shall be kept locked except when used for admission or
exit of employees, inmates, or visitors and emergencies. No jail officer shall
enter a high security cell area, or any other area in which a disturbance is
occurring, without backup assistance being alerted and available for immediate
assistance.
(h) Jail
officials may perform searches and seize contraband or prohibited property.
Sheriffs may limit the personal items an inmate may possess in their living
area by both quantity and volume. However, an inmate may possess those legal
papers necessary for access to the courts and legal matters pertaining to their
current court case or cases and responses to grievances. Jail officials shall
inform inmates of the items of property they are permitted to possess, in which
event all other property not contraband is prohibited property. Property that
an inmate is otherwise permitted to possess may become prohibited property due
to the means by which it is possessed or used or if the quantity possessed
exceeds that permitted. The sheriff or jail administrator shall establish
written procedure providing for a written record concerning the seizure of
contraband or prohibited property, receipts for property seized, and
appropriate disposition of seized property. Jail personnel should ensure the
following:
(1) Notice in writing shall be
given inmates and visitors as to the items not considered contraband or
prohibited property.
(2) Visitors
shall be searched at jails where contact visiting is permitted. Visitors must
be provided:
(A) clear notice of the
possibility of a search; and
(B)
the opportunity to decline their visit request upon receiving the
notice.
(3) Body cavity
searches of visitors may be conducted:
(A) by
medical personnel only; and
(B)
solely as a result of the execution of a search warrant.
(4) Inmates permitted to leave the jail
temporarily, for any reason, shall be thoroughly searched prior to leaving and
strip searched before reentering the jail. Searches and seizures shall be
conducted so as to avoid unnecessary force, embarrassment, or indignity to
inmates.
(5) The sheriff shall
establish written policies and procedures concerning the following:
(A) Contraband, prohibited property, and
seizures of property.
(B) Searches.
Personal searches may include the following:
(i) Pat down searches.
(ii) Frisk searches.
(iii) Strip searches.
(iv) Body cavity searches.
(v) Metal detection scanners.
(vi) Other designated, legally approved
devices.
Cell and area searches will also be conducted routinely by staff.
(6) Incidental visual observation during
clothing exchange and showering is not considered a search. However, the use
of:
(A) privacy barriers;
(B) opaque partitions; and
(C) same gender observation; are
encouraged.
(7)
Generally, the least invasive form of search and observation should be
conducted. Strip searches shall only be conducted when a reasonable suspicion
exists that an inmate may be in possession of weapons, drugs, or contraband.
Mere admission to a jail (arrestee) is insufficient cause alone to conduct a
strip search.
(8) All strip
searches and body cavity searches conducted shall be:
(A) documented on the form prescribed by the
sheriff; and
(B) maintained in the
inmate's file.
(i) Arrestee strip searches shall be
conducted only when there is reasonable suspicion that the arrestee is in
possession of a contraband item. Reasonable belief must be based on an
individualized suspicion relevant to the following:
(1) The current charge or charges or previous
conviction or convictions for any of the following:
(A) Escape.
(B) Possession of drugs or weapons.
(C) Crimes of violence.
(2) Fugitive or detainee for any of the above
crimes.
(3) Current or a history of
institutional possession of contraband or prohibited property or attempted
escape.
(4) Refusal to submit to a
frisk or pat search.
(5) Weapons or
drugs discovered during pat or frisk search.
(6) Alerted by a metal or drug detection
device.
(7) Reliable information
arrestee possesses drugs, weapons, or contraband.
(j) Strip searches conducted on an arrestee
who can be held apart from the general population may not be reasonable. Strip
searches of such individuals should only be conducted when jail officials have
individualized reasonable suspicion that the arrestee is in possession of a
contraband item.
(k) Each sheriff
shall enter into a mutual aid agreement with necessary local and adjacent
county law enforcement agencies for the provision of services in the event of
an emergency exceeding the department's capability. Aid agreements shall also
be established with local agencies for the provision of housing, material, and
services in an emergency.
(l) In
the event of a disturbance, a sheriff may place groups of inmates in lockdown
status until such time as an investigation into the disturbance can be
completed and the safety and security of the jail is assured. Such decision
shall be reviewed by the sheriff at least every seven (7) days.
Notes
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No prior version found.