Or. Admin. Code § 291-041-0035 - Visitors

(1) When to Search: A search of a visitor will generally occur only when the visitor consents and there is reasonable suspicion that the visitor is in possession of contraband, and that the search and confiscation is vitally necessary to substantiate the suspected violation.

(a) Consent is not required when a delay or non-consent would constitute a direct and immediate threat to the safety and security of the facility.

(b) Consent is not required when the search is conducted pursuant to an arrest or to protect the safety of staff or other persons.

(2) If a Crime is Suspected: If alleged commission of a criminal offense is involved, the matter will fall within the jurisdiction of appropriate law enforcement agencies, which will be promptly notified.

(3) Conduct the Search: Searches of visitors at a Department of Corrections facility will be conducted at the direction of the functional unit manager or designee, or the Department of Corrections Inspector General or designee, based upon reasonable suspicion that the visitor is in possession of unauthorized property or contraband.

(a) Visitor searches may be conducted by authorized Corrections staff or by an authorized law enforcement officer. If requested, authorized Corrections staff may assist law enforcement officers in conducting any search, investigation, or arrest of a visitor. Searches conducted by DOC staff shall be the same gender as the visitor.

(b) Adequate facilities must be provided for the search which shall be done in a professional manner so as not to cause undue embarrassment to the visitor. The subject of the search will be advised of search procedures (i.e., removal of clothing, visual inspection of cavities, etc.) prior to the search.

(c) If an internal examination is indicated, this shall be done only by competent medical personnel at the direction of the law enforcement official conducting the search.

(4) After Search or Inspection: Those individuals who refuse to be searched or, who after being searched were found to be in possession of unauthorized property or contraband, shall have their visiting status immediately suspended and will be sanctioned as provided in the Department of Corrections rule on Visiting (Inmate) (OAR 291-127).

Notes

Or. Admin. Code § 291-041-0035

CD 42-1978, f. 12-19-78, ef. 12-20-78; CD 24-1980, f. & ef. 7-3-80; CD 46-1985, f. & ef. 8-16-85; CD 12-1989, f. & cert. ef. 6-30-89; CD 4-1991, f. & cert. ef. 1-22-91; DOC 2-2008, f. 2-1-08, cert. ef. 2-4-08; DOC 5-2016, f. & cert. ef. 3/24/2016

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075