Or. Admin. Code § 291-041-0020 - Adults in Custody
(1)
Search of adults in custody living units, work areas, other places they inhabit
or frequent, and their property will be conducted regularly on an unannounced
and unscheduled basis.
(2) An
inspection of each cell, room or dormitory area will occur prior to occupancy
by a new adult in custody.
(3) In
conducting searches of an adult in custody's living unit, place of work, or
other places frequented or inhabited, the employee conducting the search will
be expected to leave the search area in an orderly and neat condition. Care
will be exercised to ensure that authorized property is not damaged or disposed
of.
(4) Adults in custody may be
subject to search at any time; but no more frequently than is necessary to
control contraband or to recover stolen or missing property. However, all
adults in custody will be subject to a search on each occasion before and after
they leave a Department of Corrections facility and on each occasion before and
after visits, entering or exiting special housing units and before or after
contact with persons outside the facility.
(5) The type of search administered will
avoid unnecessary force, embarrassment, or indignity to the adult in custody.
Non-intrusive sensors and inspection devices may be used when
appropriate.
(6) Clothed Searches:
Adults in custody may be searched only by authorized Department of Corrections
personnel or a sworn police officer in the performance of their official duty.
Cross-gender clothed searches of female adults in custody will not occur unless
there is an emergency and shall be documented.
(7) Unclothed Searches: Unclothed searches
conducted by DOC staff will be of the same gender as the adult in custody,
unless there is an emergency, or the adult in custody has been approved for
unclothed searches to be conducted in accordance with OAR 291-210-0050(3).
Except in emergencies, adults in custody undergoing unclothed searches will be
removed to a private area for the search.
(a)
The facility shall document all cross-gender unclothed searches, all
cross-gender visual body cavity searches, and all cross-gender pat-down
searches of adults in custody.
(b)
The facility shall not search or physically examine a transgender or intersex
adult in custody for the sole purpose of determining the adult in custody's
genital status.
(c) If the adult in
custody's genital status is unknown, it may be determined during conversations
with the adult in custody, by reviewing medical records, or, if necessary, by
learning that information as part of a broader medical examination conducted in
private by a medical practitioner.
(8) Visual inspections for security reasons
may be conducted by authorized personnel. All internal examinations must be
conducted by medical personnel only upon authorization of the functional unit
manager or the officer-of-the-day and only when there is reasonable suspicion
as defined in OAR 291-041-0010(16) to justify the search. The adult in
custody's written consent will not be required; however, an internal search
will not be conducted if it could result in injury to the adult in custody or
the personnel conducting the search.
(9) Hair:
(a) If staff need to conduct a hair search,
it may be necessary to require the adult in custody to unbraid, loosen or cut
the hair to complete the search.
(b) The adult in custody will be given an
adequate amount of time to unbraid or loosen the hair.
(c) An adult in custody who refuses to
unbraid or loosen the hair is subject to disciplinary action in accordance with
the rules on Prohibited Conduct and Processing Disciplinary
Actions (OAR 291-105).
(d)
If the adult in custody is unable to unbraid or loosen the hair so a search can
be accomplished, staff shall conduct the search if possible in the least
intrusive manner (e.g., hand wand, visual inspection, etc.). At no time shall
staff cut an adult in custody's hair to complete a search without approval of
the functional unit manager or officer-of-the-day.
(e) If an adult in custody's head or facial
hair draws undue attention or otherwise compromises internal order and
discipline, institutional security, or the health and safety of the adult in
custody, other adults in custody, and staff, the functional unit manager or
designee will determine what further action shall be taken.
Notes
Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
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