Wis. Admin. Code Department of Corrections § DOC 376.14 - Search of visitors

Current through March 28, 2022

(1) Before a visitor is permitted in an institution, staff responsible for the admission of visitors shall be satisfied that the visitor is not carrying an unauthorized object into the institution.
(2) Each institution shall have information readily available to visitors informing them of the objects they may carry into the institution. Each institution shall have a place for the safekeeping of objects that may not be carried into the institution and shall permit visitors to store objects in these places.
(3) Before admitting a visitor, staff responsible for admission of visitors may request visitors to empty pockets and containers, permit the inspection of containers or submit themselves and objects they carry into the institution to inspection by a device designed to detect metal or unauthorized objects.
(4)
(a) Before admitting a visitor, staff responsible for admission of visitors may request a visitor to submit to a personal search, which the superintendent and the administrator must authorize, if there are reasonable grounds to believe the visitor is concealing an unauthorized object.
(b) If following a personal search, staff has reasonable grounds to believe a strip search is necessary, staff shall request the sheriff or local law enforcement to conduct the search. If the sheriff or local law enforcement cannot or will not conduct the strip search, staff shall ask the visitor to leave.
(5) Before an inspection or search is conducted pursuant to sub. (3) or (4), the visitor shall be informed orally and in writing, either by a sign posted in a prominent place or on a notice, that the visitor need not permit the inspection or search and that if the visitor does not give permission, the visitor shall not be admitted to the institution.
(6) If staff find an unauthorized object under sub. (3) or (4), the visitor may be denied entry to the institution and visiting privileges may be suspended.
(7) If a visitor is denied entry to an institution for refusal to permit a search or if a search is conducted of a visitor under sub. (4), the staff involved shall submit a written report to the superintendent that states all of the following:
(a) The identity of all staff involved and the person who approved the search.
(b) The identity of the visitor and the youth being visited.
(c) The date and time of the search or proposed search.
(d) The reason for the request to permit a search, including the basis for the belief that unauthorized objects were concealed by the visitor.
(e) Whether unauthorized objects were seized pursuant to the search and a description of the objects.
(f) Any involvement of the sheriff or local law enforcement.
(8) If an unauthorized object is found pursuant to a search of a visitor, the superintendent shall dispose of the object consistent with s. DOC 376.17.
(9) Staff shall conduct all inspections and searches in a courteous manner and shall strive to protect the dignity of visitors who are inspected or searched.

Notes

Wis. Admin. Code Department of Corrections § DOC 376.14
Cr. Register, June, 2000, No. 534, eff. 7-1-00.

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