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SEARCHES D-240 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: SEARCHES OF INMATES AND HOUSING UNITS NO: D-240 FILE: SEARCHES EFFECTIVE DATE: 08-06-90 REVISED: 12-25-94, 09-01-96, 07-01-98, 02-25-00, 03-07-00 02-01-03, 07-01-03, 03-01-04, 04-24-07, 10-09-07 08-01-11, 11-01-12, 11-08-12, 06-01-19 AUTHORITY: Sheriff M. Mims APPROVED BY: Assistant Sheriff T. Gattie REFERENCE: Penal Code Sections 853.6 and 4030; California Code of Regulations,Title 15, Sections 1029, 1206 and 1280; Bell v. Wolfish, 441 U.S. 520 (1979); Grummett v. Rushen, 779 F.2d 491 (9t" Cir. 1985); Block v. Rutherford, 468 U.S. 576 (1984); Bull v. City and County of San Francisco, 595 F.3d 964 (9t" Cir. 2010). Florence v. Board of Chosen Freeholders of County of Burlington, 566 U.S. 318 (2012), Prison Rape Elimination Act of 2003 (42 USC 15601); and 28 CFR Part 115— Prison Rape Elimination Act National Standards. PURPOSE: The purpose of this policy is to establish and maintain a lawful methodology for searching arrestees, inmates, inmate property, inmate housing areas, and Jail facilities to preserve the safety of inmates, officers, other staff, and visitors to the Jail; to ensure the security of the Jail facilities; to discover and deter the introduction and accumulation of contraband; and to prevent escapes and other disturbances. POLICY: It is the policy of the Fresno County Sheriff's Office Jail Division that searches of arrestees, inmates, inmate property, and inmate housing areas shall be conducted in accordance with applicable laws and case decisions. Searches shall not be used for intimidation, harassment, punishment, or retaliation. PROCEDURES: I. DEFINITIONS BODY CAVITY — only means the stomach or rectal cavity of a person, and the vagina of a female person. BODY SCAN - X-ray technology used to produce an image revealing the presence of contraband concealed on or inside of a subject. Page 1 of 18 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: SEARCHES OF INMATES AND HOUSING UNITS NO: D-240 FILE: SEARCHES CLOTHING SEARCH — includes a thorough inspection of clothing in order to discover and retrieve contraband concealed in clothing. CONTRABAND - anything not issued or allowed into the Jail facility by policy or law, including any jail-issued or commissary-bought items constructed, modified or altered for use,with the intention of using the item in a manner that was not originally intended, or any item in excess of authorized amount. Contraband includes smuggled weapons, drugs or other contraband which pose a threat to the safety and security of the facility. GENERAL JAIL POPULATION — as used in the context of this policy, "general jail population" refers to all housing areas, as distinguished from temporary holding areas, regardless of classification. HOUSING AREA SEARCH -a systematic search of an inmate's housing area and all items contained within it in order to discover and retrieve contraband. METAL DETECTOR SEARCH — a search conducted by having the inmate pass through a metal detector for the purpose of discovering and retrieving contraband. PAT SEARCH—a thorough, systematic patting down of a clothed inmate's body, including examination of pockets, shoes, socks, hair and a visual inspection of the mouth, nose and ears. A pat search may include the removal and examination of outer clothing including, but not limited to hats, religious head coverings, wigs, coats, jackets, and multiple layers of bulky clothing. PHYSICAL BODY CAVITY SEARCH - means physical intrusion into a body cavity for the purpose of discovering any object concealed in the body cavity. PROPERTY SEARCH — inspection of inmate property in order to discover and retrieve contraband concealed in the property. REASONABLE SUSPICION - quantum of knowledge sufficient to induce an ordinarily prudent and cautious person under the circumstances,to believe that an individual may be in possession of contraband. Reasonable suspicion requires less information than probable cause, but more information than a hunch or a guess. STRIP SEARCH - a search which requires a person to remove or arrange some or all of their clothing so as to permit a visual inspection of the underclothing, breasts, buttocks or genitalia of such person. Page 2 of 18 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: SEARCHES OF INMATES AND HOUSING UNITS NO: D-240 FILE: SEARCHES TRANSGENDER—a person whose gender identity (i.e., internal sense of feeling male or female) is different from a person's assigned sex at birth. A person with an intersex condition was born with physical sexual or reproductive qualities that are not considered "standard" for either male or female. VISUAL BODY CAVITY SEARCH - the visual inspection of the anal or genital opening. SEARCHES AT INTAKE II. INTAKE SEARCHES A. Prior to entering the secure Booking area of the facility, all arrestees/ inmates shall be subject to an X-ray scan, unless a condition exists that would prohibit scanning (e.g., pregnant, disabled, intoxicated, combative). (Refer to policy D-275/Radiation Safety and Protection [Body Scanner].) 1. The operator shall be the same sex as the person being scanned. Although the Scanner does not reveal identity or gender-specific images, the Scanner cannot be used for cross-gender searches. California law treats all body scanners the same and requires that a person within sight of the visual display of a body scanner depicting the body during a scan shall be of the same sex as the person being scanned (except for physicians or licensed medical personnel). 2. "Sex" (as used in Penal Code section 4030) refers to the searched person's gender, including the person's gender identity and gender expression. B. Arrestees/inmates who are unable to be scanned shall be required to pass through the metal detector without activating it before they are allowed access into the facility. A handheld metal detector wand may be used as part of the search. C. Arrestees/inmates shall be thoroughly pat searched upon entry into the Booking area. D. Arrestees/inmates shall not be subjected to a strip search or visual body cavity search prior to booking unless there is a reasonable suspicion to believe that person is concealing a weapon or contraband and written authorization is obtained from the Watch Commander prior to the search. Page 3 of 18 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: SEARCHES OF INMATES AND HOUSING UNITS NO: D-240 FILE: SEARCHES 1. The following circumstances shall constitute reasonable suspicion: a. The inmate's behavior in the field or at the Jail creates a reasonable suspicion based on specific and articulable facts to believe such person is concealing a weapon or contraband, and a strip search will result in the discovery of the weapon or contraband. b. The inmate activates the metal detector and/or the Scanner reveals an object that is clearly identifiable as a weapon, drug, or other contraband and the object cannot be detected by a clothed body search. The decision to accept or refuse the arrestee shall be evaluated by the Sergeant. A Sergeant's recommendation to refuse an arrestee will be reviewed and approved by the Watch Commander, and documented in an incident report [F028/Non- Acceptance of Arrestee]. NOTE: Arrestees who require a physical body cavity search shall not be accepted into custody. 2. The written authorization to search the invidival shall be obtained on a Visual Body Cavity Search Authorization (J-101) form, which shall include the following information: a. The specific and articulable facts and circumstances upon which the reasonable suspicion determination was made. b. The authorization for the search. c. The name and sex of the correctional officer conducting the search. d. A statement of the results of the search, including any contraband items removed during the search. 3. A copy of the written authorization shall be scanned into the inmate's file, and a copy forwarded to the Jail Operations Bureau Commander. 4. The search shall be documented via the Offendertrak system. [Miscellaneous—>Search Person—>Type of Search=Visual Body Cavity Search(or other,as applicable)] (Refer to Addendum A.) 5. If contraband is discovered, a list of any items removed from the person searched shall be documented in an incident report. [1029/Visual Body Cavity Search(or other,as applicable)] 6. Weapons, illegal contraband, and evidence located during the intake search will be given to the arresting/transporting officer for preservation as evidence. III. PERSONS EXEMPT FROM BEING STRIP OR BODY CAVITY SEARCHED Page 4 of 18 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: SEARCHES OF INMATES AND HOUSING UNITS NO: D-240 FILE: SEARCHES A. Individuals who are to be booked and released without being classified for housing in the general jail population shall not be strip or body cavity searched (e.g., intoxicated persons held until sober(PC 647(f)/no charges filed), book and release, cite and release). B. A person arrested on a misdemeanor or infraction offense (except those involving weapons, controlled substances, or violence) shall not be subjected to a strip search or visual body cavity search prior to placement in the general jail population unless a peace officer (i.e., Watch Commander) has determined there is reasonable suspicion based on specific and articulable facts to believe such person is concealing a weapon or contraband, and a strip search will result in the discovery of the weapon or contraband. 1. If the inmate warrants reasonable suspicion, the Booking I Officer shall complete a Visual Body Cavity Search Authorization form and submit the form for approval to the Watch Commander. 2. The Watch Commander shall evaluate the information and circumstances, and approve or deny the request, as warranted. C. Inmates who are attempting to post bail shall be allowed a reasonable amount of time in which to arrange for bail. Inmates who notify staff that they intend to post bail shall not be strip or body cavity searched or transferred to the general jail population without allowing a reasonable amount of time to arrange for bail (not less than three (3) hours from the time of booking). IV. DOCUMENTATION OF STRIP AND BODY CAVITY SEARCHES A. It shall be the responsibility of the Booking I Officer to initiate a Mark/Scar/Tattoo Location (J-145) form on all incoming inmates who will remain in custody and be classified. The Booking I Officer will indicate whether or not the inmate qualifies to be searched. B. The designated Search Officer shall be responsible to ensure that the inmate is given sufficient time to post bail prior to searching, and that the following documentation is completed on all persons searched: 1. The completed Mark/Scar/Tattoo Location(J-145)form shall be placed in the designated Population Management bin. The Population Management Unit shall be responsible to review, scan and shred the form. 2. The search shall be documented via the Offendertrak system. Page 5 of 18 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: SEARCHES OF INMATES AND HOUSING UNITS NO: D-240 FILE: SEARCHES [Miscellaneous—>Search Person—>Type of Search=Visual Body Cavity Search](Refer to Addendum B.) 3. If contraband is discovered, a list of any items removed from the person searched shall be documented in an incident report. [1029/Visual Body Cavity Search(or other,as applicable)] B. Copies of the documentation shall be made available, on request, to the person searched or his/her authorized representative. SEARCHES OF IN-CUSTODY INMATES V. PAT SEARCHES A. Pat searches may be conducted on inmates at any time based on the officer's discretion and the need for maintaining facility safety and security. Pat searches should occur frequently within the facility to reduce the introduction, circulation, and use of contraband in the Jail. At a minimum, staff shall conduct pat searches in the following circumstances- 1. When inmates leave their housing units and intermingle with inmates from other housing units, and when they return (e.g., visiting, religious services, medical sick call). 2. When inmates leave their assigned floor to participate in activities elsewhere in the facility, and when they return (e.g., 2nd floor medical, bondroom visiting). The exception to the policy is during the mass movement of inmates to/from recreation. During the mass movement, randomly selected inmates (in a number which does not cause an unreasonable delay) shall be selected and searched. 3. Prior to and following a contact visit (e.g., attorney). 4. Prior to and following a court appearance. 5. After an inmate worker has been involved in work duties outside of the pod (e.g., floor workers, barbers). 6. During searches of entire housing units. 7. Any time an inmate is suspected of possessing contraband. B. Pat searches of clothed male inmates may be performed by officers of either sex. Documentation is not necessary. C. Pat searches of clothed female inmates shall only be conducted by female Page 6 of 18 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: SEARCHES OF INMATES AND HOUSING UNITS NO: D-240 FILE: SEARCHES correctional staff, except in emergency situations requiring the immediate search of inmates to avoid the threat of death, escape, or great bodily injury. Male officers shall not, under any circumstances, perform non- emergency searches of female inmates. 1. Any search performed by a male officer during emergency circumstances shall sweep the inmate's breast and genital area with the back of the hand for the purpose of discovering contraband directly related to the threat posed by the emergency. 2. Any search conducted by a male officer shall be documented in an incident report. [1057/Pat Search] VI. BODY SCANNER A. All inmates may be scanned at any time, unless a condition exists that would prohibit scanning (e.g., pregnant, disabled, intoxicated, combative). B. It is not necessary to obtain approval to scan an inmate, however, the Facility Sergeant and Booking/Records Sergeant must be notified in order to coordinate movement and ensure that the intake area is secured (i.e., the sallyport/intake door shall remain secured and not be opened when an inmate is in the intake area). 1. All scans conducted of in-custody inmates shall be documented via the Offendertrak system, regardless of the result. [Miscellaneous—>Search Person—>Type of Search= Body Scanner] 2. If any contraband is discovered, a list of the items recovered shall be documented in an incident report. [1051/Body Scanner] 3. If the contraband is a weapon, drug, or other noteworthy item, the discovery shall also be documented in the Scanner log book. C. The Scanner may also be used to scan any property located in inmate housing at any time, for any reason. VI I. IN-CUSTODY STRIP SEARCHES and VISUAL BODY CAVITY SEARCHES Strip searches and visual body cavity searches may occur whenever necessary to control the presence of contraband or to maintain the security of the facility. All inmates are subject to search at any time once they are transferred into the general jail population. Policy authorizes the following Page 7 of 18 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: SEARCHES OF INMATES AND HOUSING UNITS NO: D-240 FILE: SEARCHES searches, and it is not necessary to obtain supervisor or Watch Commander approval prior to performing the search. A. Absent exigent circumstances, inmates WILL BE strip searched (to include a visual body cavity search) under the following conditions- 1. When returning to the general jail population from outside the confines of the facility (i.e., the inmate has returned from any place where they have not been under continuous staff supervision and could reasonably have obtained and concealed contraband before being returned to custody). Examples include: a. Hospital stay or clinic appointment. b. Inmate workers returning from an outside work detail. c. Court-ordered pass (e.g., funeral). 2. Prior to placement into a safety cell. Documentation of the search shall be included in the incident report. [1027/Safety Cell Placement] B. Inmates may be strip searched (which may include a visual body cavity search) anytime they are returning to their housing unit or there is reasonable suspicion to believe the inmate may be concealing contraband or weapons. Additionally, inmates are subject to a strip/visual body cavity search under the following circumstances. Minimally, the inmates SHALL be pat searched: 1. Prior to and when returning from court. (Ensure the inmate was not ordered released. Every effort shall be made to investigate any inmate's claim that he/she was granted a release from the court before conducting a strip or visual body cavity search of the inmate.) 2. Prior to and when returning from a professional contact visit (e.g., attorney). 3. Inmate workers returning to their housing unit after performing work duties inside the facility (e.g., facility and floor workers). 4. Following a large altercation, where inmate involvement needs to be determined (i.e., victims, aggressors, injuries, weapons). 5. During scheduled or unscheduled housing unit searches. 6. TJC inmates when returning from a personal contact visit. Page 8 of 18 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: SEARCHES OF INMATES AND HOUSING UNITS NO: D-240 FILE: SEARCHES C. All strip and body cavity searches shall be documented via the Offendertrak system. [Miscellaneous—>Search Person—>Type of Search=(as applicable)](Refer to Addendum C.) D. An incident report shall be written anytime contraband is found, or in the extreme unlikelihood that an emergency would necessitate a cross-gender strip search. [1029/Visual Body Cavity Search, 1057/Pat Search,or other as applicable] Vill. STRIP SEARCH and VISUAL BODY CAVITY SEARCH CONDITIONS The following conditions shall be maintained while conducting any strip or visual body cavity search: A. Any person conducting or otherwise present or within sight during the search shall be of the same sex as the inmate being searched (except for physicians or licensed medical personnel). B. Officers shall be sensitive to the personal dignity of the individual and maintain a professional attitude when conducting searches. Officers shall refrain from making any comments intended to degrade, humiliate or embarrass the inmate. C. All searches shall be conducted in an area of privacy so that the search cannot be observed by persons not participating in the search. Only those staff members necessary to conduct the actual search shall be present during the search. D. Searches shall only be conducted on individual inmates in an area where they cannot be observed by any other inmate. E. Searches shall not be performed in an area under video surveillance. Searches shall not be videorecorded unless necessary to document a forcible clothing removal (refer to Section XIII). IX. STRIP SEARCH and VISUAL BODY CAVITY SEARCH GUIDELINES A. Officers conducting the search shall not touch the inmate (except for the hair on the head), unless it is necessary to restrain a combative inmate, to prevent the loss or destruction of evidence, or for self-protection. B. Staff shall inspect and search each item of clothing and visually inspect Page 9 of 18 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: SEARCHES OF INMATES AND HOUSING UNITS NO: D-240 FILE: SEARCHES the inmate's body. 1. The inmate shall be instructed to remove all clothing, bandages, prosthetic devices, wigs, dental plates or any other removable item from their person. 2. The inmate shall face the officer who shall visually inspect the inmate's hair, ears, mouth, nose, body, armpits, hands, scrotum/genitals and legs. The inmate shall be instructed to lift any layers of skin that might be capable of concealing contraband. 3. The inmate shall turn away from the officer upon instruction and the officer shall then inspect the inmate's back, buttocks, thighs, toes, bottom of the feet and lastly, the anal/vaginal area by having the inmate bend over, spread the cheeks of their buttocks and cough. A female inmate may be told to spread the labia at the same time to allow a check of the vaginal area. 4. Should the officer have any question that the inmate is secreting contraband in the genital or anal area, the officer shall direct the inmate to squat and cough. C. If an inmate swallows contraband, no attempt shall be made to retrieve the contraband by force. A choke hold or any other physical restraint which prevents the inmate from swallowing or breathing shall not be used. The inmate shall be isolated and Medical staff notified immediately. D. If a weapon or contraband is observed protruding from any body cavity, the inmate will be instructed to remove the item in such a manner as to ensure officer safety and the preservation of evidence. 1. If the inmate refuses to remove the item, officers shall NOT attempt to remove the item themselves. Such action would constitute an unauthorized physical body cavity search. 2. The inmate shall be isolated until the contraband is retrieved. If necessary, arrangements may be made to obtain a search warrant based on the observations of the searching officer. The procedure for physical body cavity searches shall be followed. (See Section XIV.) E. Any contraband retrieved from a body cavity, or which is otherwise suspected of being contaminated, shall be handled using appropriate safeguards (e.g., disposable gloves) and shall be placed in a container which shall be clearly labeled "contaminated." X. MODIFIED STRIP SEARCH Page 10 of 18 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: SEARCHES OF INMATES AND HOUSING UNITS NO: D-240 FILE: SEARCHES A. Even when a search does not require the full removal of clothing, if an inmate is required to open their jumpsuit or disrobe to their underwear, it still constitutes a strip search. However, because the search is less- intrusive and the inmate is not required to expose their genitals, buttocks, or the female breast, this type of search may be referred to as a "modified strip search." B. The search must be documented in the Offendertrak system. [Miscellaneous—>Search Person—>Type of Search=Strip Search—Modified/Undergarments] C. The search is to be conducted by an officer of the same sex. However, during exigent circumstances immediately following a large alter- cation, inmates may be instructed to disrobe down to their undergarments in order to assist in identifying victims, aggressors, injuries, and locating weapons. 1. North Annex Jail — due to the large number of inmates assigned to each North Annex housing unit, coupled by the inability to secure the inmates due to the open nature of the dormitory-style housing, officers of both sexes may assist in performing the searches. The searches will normally take place in the area adjacent to the inmate's assigned bunk. The presence and participation of any female officers shall be documented in the associated incident report. 2. Main and South Annex Jails—inmates are immediately secured in their cells following a major disturbance. The subsequent searches shall be performed by officers of the same sex. For officer safety, the searches will normally take place immediately outside/adjacent to each cell. 3. If it is necessary for an inmate to remove his/her undergarment(s), an officer of the same sex shall perform the search in an area of privacy. Ensure that the area selected is not monitored by cameras (e.g., an attorney interview room). The location of the search shall be documented in the Offendertrak system. [Miscellaneous—>Search Person—>Reasonable Suspicion/Comments=(include the location ofthe search)] 4. When additional officers are called to respond to an incident, ALL officers are expected to respond without hesitation. Under no circumstances shall the sex of the inmates be a factor in determining officer response. XI. SEARCHES OF PERSONS OF UNCERTAIN GENDER Page 11 of 18 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: SEARCHES OF INMATES AND HOUSING UNITS NO: D-240 FILE: SEARCHES A. Staff shall not search or physically examine a transgender or intersex inmate for the sole purpose of determining the inmate's genital status. If the inmate's genital status is unknown, it may be determined during conversations with the inmate, 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. B. In a case where the gender of the inmate to be searched is uncertain, the inmate may request the preferred gender of the officer who will perform the search. 1. The individual may indicate their preference on a Statement of Preference form (Addendum D). 2. The form shall be scanned into the inmate's records. C. If the inmate does not specify a preference, the search will be performed by an officer of the same gender as the inmate's gender presentation(e.g., a male-to-female inmate expressing no preference should be searched by a female officer). If the inmate's gender is ambiguous, the search shall be conducted by an officer who is the same biological sex as indicated in the inmate's records (i.e., if the arrest tag indicates male, the inmate will be searched by a male officer). D. Transgender officers shall be the same gender presentation as the inmates they search. XII. SEARCHES OF PHYSICALLY DISABLED PERSONS Inmates who have a disability that prevents the employment of standard search methods shall be afforded reasonable accommodation under the direction of the supervisor in charge. Such searches shall be thorough and professional, with safety and security being the paramount concern. Any question regarding required accommodations should be directed to the ADA Coordinator. XIII. REFUSALS — FORCED CLOTHING REMOVAL A. Inmates directed to submit to a strip or body cavity search under the guidelines of this policy do not have the right to refuse. The officer attempting to conduct the search shall explain the search process, the reason for the search and the consequences for non-compliance — including disciplinary action and possible prosecution under Penal Code Page 12 of 18 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: SEARCHES OF INMATES AND HOUSING UNITS NO: D-240 FILE: SEARCHES Section 148. B. The inmate shall be given a thorough pat search and placed in an isolation cell to prevent contact with staff or other inmates. C. The supervising Sergeant shall be notified of the inmate's refusal. The inmate shall not be processed or relocated until the search has been completed. D. The Sergeant shall attempt to convince the inmate to comply. If the inmate continues to refuse, the Sergeant shall notify and confer with the Watch Commander before taking further action. A decision will be made to either direct staff to forcibly remove the clothing or seek to obtain a search warrant for a physical body cavity search. 1. Every effort will be made to have a same-sex Sergeant directly supervise, but not participate in the forced clothing removal. If the Sergeant and the inmate are of the opposite sex, the Sergeant will remain in the immediate area, but not within the line of sight. In the event the Sergeant (or additional officers) are needed to assist with a combative inmate of the opposite sex, every reasonable effort will be taken to cover the inmate. 2. The Sergeant will be responsible to ensure that the order, refusal, and force used to remove the clothing are recorded on a handheld device. The digital recording shall be used to capture the Sergeant explaining to the inmate that he/she is being recorded, and requesting the inmate to voluntarily cooperate with the strip search procedure. (The entire process should be recorded without pause. A pause in recording could be misinterpreted as censored and regarded as suspicious.) (Refer also to policy D-215/Recording Planned Emergency Responses[FILE:VIDEO RECORDINGS].) 3. Staff will only use that force necessary to remove the clothing, to control the inmate and reveal all external body parts to visual inspection. 4. When at all possible and to minimize potential injuries, the forced strip search will be conducted in a safety cell. E. If at any time during the clothing removal, the inmate indicates that they wish to comply, staff shall allow the inmate to do so. F. The inmate shall be evaluated by Medical staff after the search. Page 13 of 18 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: SEARCHES OF INMATES AND HOUSING UNITS NO: D-240 FILE: SEARCHES G. The forced clothing removal shall be documented as follows: 1. In the Offendertrak system. [Miscellaneous—>SearchPerson—>Type of Search= Forced Clothing Removal](Refer to Addendum E.) 2. In an incident report. [1047/Forced Clothing Removal] XIV. PHYSICAL BODY CAVITY SEARCH A. Any arrestee in need of a physical body cavity search will not be accepted into custody. The search is the responsibility of the arresting agency and must be conducted prior to acceptance into the facility. 1. The Booking I Officer shall notify the Booking/Records Sergeant. The Sergeant's recommendation to refuse an arrestee will be reviewed and approved by the Watch Commander. 2. The refusal to accept an arrestee shall be documented in an incident report. [F028/Non-Acceptance ofArrestee] B. If an in-custody inmate requires a physical body cavity search, the Watch Commander shall be notified and make the necessary arrangements to obtain a search warrant. C. Physical body cavity searches may only be conducted under the following circumstances: 1. A valid search warrant must be obtained. 2. The search must be conducted under sanitary conditions. 3. The search can only be performed by a physician, nurse practitioner, registered nurse, licensed vocational nurse, or emergency medical technician Level II. 4. All staff members present during a physical body cavity search shall be of the same sex as the inmate being searched, except for authorized Medical personnel. 5. Only those staff members necessary to maintain security shall be present during a physical body search as deemed necessary by a supervisor. 6. All physical body cavity searches shall be conducted in an area of privacy so that the search cannot be observed by persons not Page 14 of 18 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: SEARCHES OF INMATES AND HOUSING UNITS NO: D-240 FILE: SEARCHES participating in the search. Persons are considered to be participating in the search if their official duties relative to search procedure require them to be present at the time the search is conducted. D. The search warrant shall be scanned into the inmate's file in Jail Records and a copy of all reports and documents shall be forwarded to the Jail Operations Bureau Commander. 1. The search shall be documented via the Offendertrak system. [Miscellaneous/Search Person—>Type of Search= Physical Body Cavity Search] 2. The incident shall be documented in an incident report. [1031/Transport to Hospital] XV. HOUSING UNIT/CELL SEARCHES — GP and PC HOUSING UNITS Housing area searches are conducted for the purpose of detecting, limiting, and removing contraband. No matter how thoroughly incoming inmates are searched, some weapons and other contraband may find their way into the facility. Other problems will occur, such as the manufacture of weapons, destruction of property, production of"pruno," hoarding extra clothing, etc. It is therefore necessary to conduct frequent searches of the bunk areas and other areas in the facilities where inmates live, work, exercise, congregate, or are temporarily held, to discover and remove contraband, maintain sanitary standards, eliminate fire and safety hazards, and prevent escape. A. Searches may be conducted randomly, at any time. B. Inmates will be required to leave the area being searched, including their cell or bunk area. Staff may search an inmate's housing and work area (and personal items contained within those areas)without notice to or prior approval from the inmate and without the inmate's presence. (Note: Legal documents are only to be searched in the presence of the inmate.) 1. Inmates are to be removed entirely from the area. Inmates should not be permitted to observe the search of their cells or bunk areas. 2. Inmates are subject to strip search (modified, strip, and/or visual body cavity) during any scheduled or unscheduled housing unit search. Minimally, the inmates SHALL be pat searched upon removal and/or return to the area. C. Search Kits containing specialized safety equipment (e.g., mirrored inspection tools, pick-up tools, etc.) are available for use and officers are Page 15 of 18 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: SEARCHES OF INMATES AND HOUSING UNITS NO: D-240 FILE: SEARCHES strongly encouraged to utilize them during searches. The Search Kits are stored in the Main Jail and South Annex Jail Sergeants' Offices. D. Staff conducting the search shall leave the housing area in its original order, as nearly as practicable. Cell searches shall not be used as a punitive measure nor to harass an inmate. Every reasonable precaution shall be taken to avoid damage to personal property and to leave the inmate's quarters and property in good order upon completion of the search. E. If a cell search is conducted based on information or suspicion that identifiable contraband may be found, or to recover missing or stolen property, the Facility Sergeant should be notified of the search and the results of the search. F. All cell searches shall be documented as follows- 1. In the Offendertrak system. [Miscellaneous—>Search Facility—>Type of Search=Cell] 2. If contraband is discovered, an incident report documenting the search and listing the results of the search shall be written. [F004/Cell Search] 3. If a strip or body cavity search is conducted, that information shall be documented via the Offendertrak system, as appropriate. [Miscellaneous—>Search Person] 4. If contraband is discovered as a result of the strip or body cavity search, an incident report shall be written, as appropriate. (Refer to Addendum F.) XVI. CELL SEARCHES OF ADMINISTRATIVE SEGREGATION LOCKDOWN HOUSING UNITS A. Administrative segregation lockdown housing units shall be searched once every two (2) weeks. These searches shall be conducted during the day shift/platoons in a manner that does not create a pattern where the inmates can predict such searches. B. Officers shall search the housing unit and the inmate for contraband and each housing unit for damage. C. All inmates housed in administrative segregation lockdown housing units shall be subject to a strip/visual body cavity search on a random basis in Page 16 of 18 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: SEARCHES OF INMATES AND HOUSING UNITS NO: D-240 FILE: SEARCHES conjunction with the search conducted of their cell. 1. The search shall be conducted within the cell unless the physical design prevents visibility, at which point the inmate will be escorted to an alternate private/secure setting where the unclothed body search will be conducted. 2. The strip/visual body cavity search shall be documented via the Offendertrak system. [Miscellaneous—>Search Person—>Type of Search=(as applicable)] (Refer to Addendum F.) D. The cell search shall be documented via the Offendertrak system. [Miscellaneous—>Search Facility—>Type of Search=Cell](Refer to Addendum F.) E. If contraband is discovered, a list of any items removed from the person searched shall be documented in an incident report and a rule violation written. F. Inmates who are housed in a multiple-inmate cell will each be held equally accountable for contraband or damage to County property discovered in common areas within the cell, unless the inmate can establish a lack of involvement in the violation. A rule violation shall be completed for each administrative segregation lockdown housing unit with cell damage that can be attributed to the individual(s) housed in that cell. G. The A-1 and A-2 Watch Commanders or their designees shall be responsible for ensuring that the searches are performed in accordance with this policy. XVII. FACILITY SEARCHES A. All common spaces and areas that inmates have access to should be searched as frequently as possible. This includes, but is not limited to: showers, dayrooms, holding cells, visiting rooms, gymnasiums, classrooms, intake areas, booking vestibules, and dress-in rooms. B. Any contraband found in areas of common space will be documented as follows- 1. In the Offendertrak system. [Miscellaneous—>Search Facility—>Type of Search = (Unit, Facility, Building, Grounds, Other, as applicable)] 2. In an incident report documenting the search and listing the results of the search. XVIII. DOCUMENTATION OF SEARCHES Page 17 of 18 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: SEARCHES OF INMATES AND HOUSING UNITS NO: D-240 FILE: SEARCHES A. With the exception of routine pat searches, all in-custody body searches shall be documented in the Offendertrak system. (Refer to the chart provided as Addendum G.) B. With the exception of forced clothing removals and physical body cavity searches, it is not necessary to write an incident report unless contraband is found, a strip search was performed by an officer of the opposite sex (i.e., cross-gender search), or a male officer pat searched a female inmate. If an incident report is written for another reason (e.g., Safety Cell Placement)and a search was performed in conjunction with the placement, that information shall be included as an additional incident type. [Miscellaneous—>Incidents—>Attributes(new)—>Attributes=Additional Incident Types—>Value=(applicable search code)] C. All cell searches shall be documented in the Offendertrak system. If contraband is discovered, a list of any items removed shall be documented in an incident report and a rule violation should be written. [Miscellaneous—>Search Facility—>Type of Search=Cell] Page 18 of 18