Article 19 – Arrest, Search, and Seizure
52050.1 Policy
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Pursuant to the Penal Code, the Secretary has established a system of searches in the maintenance of safety and security of each correctional facility.
52050.2 Purpose
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This Article provides the proper process of arrest, searches, and seizures within the Department. The performance of the functions of arrest, search, and seizure shall be in accordance with all laws, rules, and regulations pertaining to those functions. Due process shall be afforded in all cases where applicable.
52050.3 Responsibility
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Each Warden shall implement, govern, and monitor training of all persons who shall be required to conduct searches in departmental facilities.
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All managers and supervisors shall ensure their subordinates are aware of and comply with this Section, provide On the Job Training, and provide general supervision of scheduled search activity.
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All employees shall be aware of the content of this Article.
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52050.4 Peace Officer Defined
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Any correctional employee who meets the requirements as outlined in PCPenal Code 830.5 is a peace officer.
52050.5 Definition of Arrest
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An arrest is taking a person into custody, in a case and in the manner authorized by law. An arrest may be made by a peace officer or by a private person.
52050.5.1 Definition of Detention
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Detention is the stopping of a person, other than an inmate, by a peace officer, for the purpose of conducting a brief investigation into the identity of the person and the nature of their presence when the officer reasonably suspects the person may be involved in criminal activity.
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Any Department employee is authorized to stop and detain any inmate for the purpose of determining their identity and ascertaining the nature of their activity.
52050.5.2 Definition of Seizure
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The taking, confiscating, possession or custody of contraband as outlined in DOMDepartment Operations Manual 52051.
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To hold under authority of law.
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To check the progress or spread of unlawful acts.
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52050.6 Formalities in Making Arrest; Exceptions
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The officer making the arrest shall inform the person being arrested of:
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The intention to arrest.
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The cause for the arrest.
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The authority to make the arrest, except when the officer effecting the arrest reasonably suspects that the person to be arrested is actually engaged in the commission of a crime, or the person to be arrested is pursued immediately after its commission, or after an escape.
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The requirement that the officer inform the person to be arrested of the authority to arrest shall be deemed satisfied when the officer is in full uniform and is clearly visible to the arrestee.
52050.7 Miranda Rights
Revised November 16, 2017-
Any peace officer effecting an arrest of a suspect of a criminal offense shall advise that person of their constitutional rights pursuant to the Miranda decision prior to engaging in direct questioning. In an institutional setting, when an arrestee/inmate is taken into custody, by being placed in a more restrictive environment than would be considered normal and is suspect in a criminal offense, they shall be advised of their Miranda Rights.
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The inmate/suspect arrestee shall be advised of their Miranda Rights prior to any interrogation, by reading verbatim the following to the arrestee in a language that he/she understands.
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You have the right to remain silent.
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Anything you say can and will be used against you in a court of law.
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You have the right to consult an attorney and to have an attorney present with you during questioning now or in the future.
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If you cannot afford to hire an attorney, one will be appointed for you at no charge.
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Do you understand each of these rights as I have explained them to you?
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Now that I have explained your rights, are you willing to make a statement without an attorney present?
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The arresting officer shall, whenever practical, ensure that another peace officer is present when the arrestee is advised of these rights and the answer to these questions, along with any statement provided after a waiver of these rights, shall be documented in the appropriate incident reports.
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An inmate has no right to silence during questioning by any Department staff member regarding non-criminal Department violations.
52050.7.1 Electronic Recordation
Revised November 16, 2017-
The custodial interrogation of any person, including an adult or a minor suspected of committing murder shall be electronically recorded on video in its entirety. An audio recording shall be acceptable when no video is available.
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The video recording is required when an interrogation is held in connection with a criminal offense that has been, or may be filed against the inmate/suspect arrestee for murder. This includes any correctional or detention facility. Staff shall be required to maintain an exact copy of the electronic recording of the interrogation until such time a conviction relating to the interrogation is final and all direct appeals are exhausted.
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Staff shall not be required to electronically record a custodial interrogation under any of the following circumstances:
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Electronic recording is not feasible because of exigent circumstances. Staff shall document an explanation of the exigent circumstances on an 837-C Incident report.
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The inmate/suspect arrestee refuses to participate, or refuses to participate in any further in an electronically recorded interview. If feasible, the inmate/suspect arrestee statement refusing to participate shall be electronically recorded. Staff shall document that refusal in writing on an 837-C Incident report.
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Staff shall not be required to electronically record a custodial interrogation by another law enforcement agency occurring in that agencies jurisdiction.
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If an interrogation occurs when no electronic recording is required, the individual reveals facts and circumstances, giving staff conducting the interrogation reason to believe that murder has been committed, the interview shall be terminated immediately. Staff shall only proceed with the custodial interrogation being electronically recorded pursuant to this section.
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Staff shall not be required to electronically record an interrogation if it is believed that doing so would disclose the identity of a confidential informant and/or jeopardize the safety of anyone including the individual being interrogated. An explanation of the circumstances shall be documented on an 837-C Incident report.
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No electronic recording shall be required when there was a failure or malfunction of the recording device, after a reasonable time for maintenance, repair and/or replacement has been allotted. An explanation of the circumstances shall be documented on an 837-C Incident report.
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Staff shall not be required to electronically record responsive or spontaneous statements to questions as part of a routine process of arresting or booking of an inmate/suspect arrestee.
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52050.7.2 Beheler Advisement
Revised November 16, 2017-
Any person not under arrest, who is voluntarily participating in an interview and is free to terminate that interview at any time, shall be advised that any statements made are admissible in a court of law. In the aforementioned circumstance, staff shall not be required to read that person their constitutional rights pursuant to the Miranda decision.
52050.8 Planned Arrest Procedure
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Whenever possible, every arrest shall be planned to minimize risk of injury to staff, inmates, or to the public, or to destruction or damage to state property. Plans for arrests shall be formulated by or in conjunction with, or reviewed by the peace officer’s supervisor. Plans for arrests shall consider at a minimum:
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Facts and circumstances of the criminal violation for which the person is being arrested.
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Criminal history with emphasis on potential for resisting arrest by use of weapons or dangerous instruments.
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The location of arrest and potential interference of other inmates or persons, or the potential risk to uninvolved inmates, other persons, or staff.
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Determine any special equipment needed.
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Determine tactics to be used.
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52050.9 Unplanned Arrest Procedure
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The peace officer may unexpectedly discover a person engaged in a criminal act requiring prompt arrest. The decision to arrest must be made quickly and without the opportunity to confer with their supervisor.
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The officer shall promptly communicate to other staff the present situation and the need for assistance. Depending on the circumstances of the situation, the officer may need to take immediate intervening action before arrival of additional staff assistance. In this case, the officer should consider the elements of risk involved in effecting the arrest including:
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Facts and circumstances of the criminal violation for which the person is being arrested.
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Potential for resisting arrest by use of weapons or dangerous instruments in the immediate area.
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The location of arrest and potential interference of other inmates or persons, or the potential risk to uninvolved inmates, a victim, or other persons, or staff.
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Determine the most appropriate tactics to be used given available resources and response time of responding staff.
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52050.10 Restraint Gear
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Employees shall use only State-issued handcuffs, handcuff keys and other restraining equipment during the course of their duties. The possession of privately owned handcuffs, handcuff keys, and other restraint equipment is prohibited on institutional grounds.
52050.10.1 Restraint Gear – Handcuffs/Handcuff Keys
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The Wardens shall procure and issue State-owned handcuffs/keys to all personnel occupying the following posts:
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All uniformed custody personnel with inmate contact assigned to AD-SEGAdministrative Segregation, PHUProtective Housing Unit, SHUSecurity Housing Unit, Management Control Unit (MCU), psychiatric unit, or outside inmate work crew.
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All uniform custody personnel with inmate contact assigned to general population housing unit.
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All personnel assigned to a security squad.
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All personnel assigned to search and escort duties.
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All yard officers.
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All transportation details.
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52050.10.1.1 Issuance
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State owned handcuffs/keys shall be issued on receipt of metal key tags bearing the employees name. The tags shall be placed on the respective handcuff/key board hook. (Refer to DOMDepartment Operations Manual 55020.14 Key/Locking Device Control).
52050.10.2 All Restraint Gear
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All State owned restraint equipment, including handcuffs, shall be etched with the institution/regions initials (SQCalifornia State Prison, San Quentin, CMFCalifornia Medical Facility, CTFCorrectional Training Facility, etc.) where the equipment is used and numbered for identification.
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Restraint gear shall be stored in an area inaccessible to inmates. Each area shall have provisions (hook boards, etc.) for individual and sets of restraint gear for daily and operational use.
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52050.10.3 Restraint Gear Use
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All personnel who are required to apply restraint equipment shall be knowledgeable and competent in the following areas:
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Departmental handcuff and restraint gear policy.
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Methods for practical application of handcuffs and restraint equipment.
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Mechanical restraints may be used under the following circumstances:
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When transporting inmates.
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When there is a reason to suspect an inmate may engage in violence, where bodily injury may occur, based on present behavior or apparent emotional state.
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Under medical advice to prevent the inmate from suicide or self-inflicted serious physical injury.
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Under no circumstances shall mechanical restraints be used for punitive purposes. When mechanical restraints become necessary, no restraint equipment shall be placed about the neck nor applied in any way as to inflict physical pain, undue physical discomfort, restriction of blood circulation, or breathing.
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Restraint equipment shall not be used to secure an inmate to a stationary object except as a temporary measure. During transport, an inmate shall not be secured by any keyed locking device or equipment to any part of the transporting vehicle.
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When mechanical restraint is required, handcuffs alone or attached to a waist chain shall be the usual method. Other specialized restraints, such as leg irons or additional chains, may be permitted only when it appears that immediate circumstances exist to justify the use of such mechanical restraints.
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For application of restraint gear on pregnant inmates refer to Care, Treatment, and Security of Pregnant Offenders, DOMDepartment Operations Manual 54045.11.
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Note: The use of specialized mechanical restraints shall be documented except when an inmate is being transported outside the institution.
52050.11 Loss of Handcuffs/Keys
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Loss or the misplacing of handcuffs and/or keys shall be reported immediately to the employee’s supervisor, who shall notify the watch commander. A written report shall be submitted by the responsible employee.
52050.12 Application
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For application of restraint gear refer to Transportation, DOMDepartment Operations Manual 55060.
52050.13 Restraining a Private Citizen
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The use of mechanical restraints (handcuffs) to physically restrain or control a private citizen on institutional grounds is authorized only when an arrest is being made for a misdemeanor or felony. A supervisor shall evaluate the necessity to apply mechanical restraints prior to their use unless the citizen attempts to flee, escape, or physically refuses to submit to arrest. Once the private citizen has been restrained with handcuffs they shall remain cuffed until a disposition has been made by the local police authority.
52050.14 Search Policy
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All managers and supervisors shall ensure their subordinates are aware of and comply with this search policy. Searches include:
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Unannounced and irregular timed searches of cells, dormitories, and living areas, inmates, residents, and their work and assignment areas.
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Frequent search and careful supervision of inmate workers both inside and outside the security area.
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Inspection of all vehicular traffic, supplies, packages, and mail entering the institution.
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Use of metal detectors wherever feasible.
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Complete search and inspection of each cell or living area prior to occupancy by a new inmate.
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Avoidance of unnecessary force, embarrassment, or indignity to the person being searched.
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Written authorization by the Warden or designee to conduct searches of visitors and their property.
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Compliance with the Public Safety Officer’s Bill of Rights, GCGovernment Code 3300.
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Post orders describing minimum search frequency requirements, authority, and method for accomplishment.
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A walk-through metal detector at the facility entrance building to inspect all persons visiting the institution (community re-entry facilities are excepted).
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52050.15 Search of Employees
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As with all persons who come on the grounds or into the institutions and facilities of the Department, all persons employed by the Department are subject to inspection and search of their person, property, and vehicles, to the extent deemed necessary by the official in charge. Consent to search is a condition of employment which may not be withdrawn while in or on the grounds of an institution or facility of the Department.
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The appropriate supervisor/administrator shall inform each new employee of departmental consent to search policy.
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An employee may be subjected to a more intensive search than is normally required when the official in charge has reasonable suspicion that the employee is involved in the unauthorized or unlawful possession or movement of anything into or out of an institution or facility of the Department. Such an intensive search may include the employee’s person, vehicle, and any locker, desk, or storage space assigned to or used by the employee.
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When the intensive search includes the employee’s assigned locker, desk, or storage space provided by the Department, it shall be searched in the employee’s presence, or with his/her consent, or with prior notification that a search will be conducted, or after a valid search warrant has been obtained. Whenever possible the employee shall be present during the search.
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When an employee is subjected to a more intensive search than is normally required, the employee shall be informed of the reason for the search and of the name of the official ordering the search before the search begins.
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Any search of an employee’s person which involves the touching of the employee’s clothed body or visual inspection of the employee’s unclothed body shall be conducted in private and out of the sight and hearing of other employees and inmates. Such searches shall only be conducted, observed, and supervised by officials of the same sex as the employee.
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An intensive search of an employee’s person, property, or vehicle shall be conducted by not less than two officials, at least one of whom shall be of a supervisory rank to assume official responsibility for the search.
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The intensive search of an employee’s person, property, or vehicle shall be verbally reported to the administrator of the institution or facility or to the duty officer immediately upon completion of the search. This shall be followed with a written report to the administrator and an incident report to the Director if the search discloses or confirms any suspected criminal activity.
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52050.16 Searching Inmates – Housing Unit
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Post orders shall require that a minimum of three cells, rooms, dorms, or living areas in each housing unit is searched daily on each of the second and third watches by the assigned unit officer.
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Insofar as possible, a cell, room, dorm, or living area and locker shall be searched immediately upon its vacancy and again, if there is a significant time lapse, before it is reassigned. Such inspections are required and shall be recorded for segregation, Disciplinary Detention, and SHUSecurity Housing Unit cells.
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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.
52050.16.1 Work and Non – Housing Area
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Teachers, work supervisors, and instructors shall make a daily security and contraband search of the areas they supervise. Custody officer post orders shall require ongoing search each day and a thorough search of each inmate, work area, assignment shop, and classroom once each week.
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Inmates are subject to an inspection of their person either clothed or unclothed when there is reasonable suspicion that the inmate may have unauthorized or dangerous items or substances concealed on their person. Such inspection may also be a routine requirement for inmate movement into or out of high security risk areas. Random or spot-check inspections of inmates shall occur as a means to prevent the possession and movement of unauthorized and dangerous items and substances into, out of, or within the facility.
52050.16.2 Reasonable Suspicion
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A clothed body search may be initiated when there is reasonable suspicion based on articulable facts, circumstances, and rational inferences that a person has committed, is committing, or is about to commit a crime.
52050.16.3 Clothed Body Search of Male Inmates
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Custody post orders shall require random clothed body searches of inmates, or when reasonable suspicion is established. Random search should be no more frequent than necessary to control contraband or to recover missing or stolen property; however, the routine search of inmates entering or leaving certain specified areas is not precluded.
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All institution staff are responsible for conducting random searches.
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This is a basic search alerting staff to possession of weapons or other serious contraband.
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A search shall be conducted with the inmate facing away from the staff member.
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Staff shall search inmates from the top of their head to the bottom of their feet, including shoes, all pockets, seams, and personal effects.
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52050.16.4 Clothed Body Search of Female Inmates
Revised July 1, 2015-
Body search procedures for clothed female inmates recognize, address, and minimize the effects of cross-gender contact inherent in the body search process by limiting this function to female correctional staff unless an emergency exists that threatens death, inmate escape, or great bodily injury to staff , inmates, or visitors.
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Custody post orders shall require random clothed body searches of inmates, or when reasonable suspicion is established. Random search should be no more frequent than necessary to control contraband or to recover missing or stolen property; however, the routine search of inmates entering or leaving certain specified areas is not precluded.
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This is a basic search alerting staff to possession of weapons or other serious contraband.
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A search shall be conducted with the inmate facing away from the staff member.
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Staff shall search inmates from the top of their head to the bottom of their feet, including shoes, all pockets, seams, and personal effects.
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Clothed Body Searches of female inmates shall be conducted by female correctional staff only, except in emergency situations as follows:
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When circumstances exist that require an immediate search of a female inmate in order to avoid the threat of death, escape, or great bodily injury to staff , inmates, or visitors, and only until sufficient numbers of female correctional staff are available to assume critical body search duties.
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Clothed Body Searches performed by male correctional staff during the emergency circumstances described above 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. If cause exists for a more thorough search, the female inmate shall be detained until a female correctional staff member is available to conduct the search.
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At any time a male correctional staff member conducts a pat-down search of a female inmate, the search shall be documented. This documentation shall be completed utilizing a Notice of Unusual Occurrence which shall be reviewed by the supervisor and routed to the institutional PREA Compliance Manager (PCM). The PCM shall retain the completed document, in accordance with the Records Retention Schedule, for audit purposes.
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Under no circumstances shall male correctional staff perform non-emergency clothed body searches of female inmates.
52050.16.5 Unclothed Body Search of Inmates
Revised July 1, 2015-
Unclothed body searches:
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Correctional personnel, other than qualified medical staff, shall not conduct unclothed body inspections or searches of an inmate of the opposite sex, except in an emergency.
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Inmates assigned to designated areas, (i.e., vocational programs, industries, plant operations, warehouse, outside crews, etc.), may be subject to unclothed body searches before returning to the institution’s general population.
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Routine unclothed body searches shall be conducted in a safe manner and in an area that allows the inmate to preserve some measure of dignity and self-respect. Routine unclothed body searches shall not be completed by staff of the opposite biological sex.
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The inmates shall be required to remove all articles from their pockets. All articles shall be inspected by staff. If it is suspected that an inmate is in possession of dangerous contraband, the inmate shall be detained and closely observed until there is sufficient staff to conduct a “safe” search. In this circumstance, the staff member conducting the search shall initially conduct a clothed body search and remove all articles from the inmate’s person rather than allow the inmate to remove them.
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The inmate shall then completely disrobe. Staff shall inspect and search each item of clothing and visually inspect the inmate’s body.
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The inmate shall face the staff member who shall visually inspect the inmate’s hair, ears, mouth, nose, body, armpits, hands, scrotum, genitals, and legs. The inmate shall turn away from staff upon instruction and staff shall then inspect the inmate’s back, buttocks, thighs, toes, bottom of the feet, and lastly, the anal area by having the inmate bend over, spread the cheeks of their buttocks, and cough.
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Unclothed body searches of inmates by staff of the opposite biological sex shall only be conducted in emergency situations. If a cross gender unclothed body search is required, the search shall be documented. This documentation shall be completed utilizing a Notice of Unusual Occurrence which shall be reviewed by the supervisor and routed to the institutional PCM. The PCM shall retain the completed document, in accordance with the Records Retention Schedule, for audit purposes.
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52050.16.6 Unclothed or Clothed Body Search of Inmates in Enhanced Outpatient Program Administrative Segregation Hubs and Psychiatric Services Units
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Inmates shall be subject to an unclothed body search as described in Section 52050.16.5 upon their initial placement into designated Enhanced Outpatient Program Administrative Segregation hubs and Psychiatric Services Units.
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Unclothed body searches 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.
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Inmates exiting the unit will be subject to an unclothed body search as described in Section 52050.16.5 and scanned with a metal detector.
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Inmates returning to the unit who have been under constant staff supervision shall not be subject to an unclothed body search but shall be subject to a clothed body search as described in 52050.16.3 and scanned with a metal detector.
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Inmates removed from their cell for routine activity in the unit shall be subject to a clothed body search as defined in 52050.16.3 and scanned with a metal detector.
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When circumstance exists that would lead an objective, trained, and competent Correctional Officer to believe it is necessary, he or she can perform an unclothed body search as described in 52050.16.5. These searches shall be noted on the CDC Form 114-A, Inmate Segregation Record. These searches shall only be conducted when necessary to control contraband or recover missing or stolen property.
52050.16.7 Unclothed and Clothed Body Searches of Transgender or Intersex Inmates
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In the event that there is an individual going through Receiving and Release (R&RReceiving and Release) who self-identifies as transgender or self-identifies with a gender that seems not to match their biological sex, the search will be conducted by staff of the same biological sex as the inmate to be searched.
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In the event that an individual’s genital status is ambiguous, the search shall be conducted by a staff member that is the same biological sex as indicated in the inmate’s records. (i.e., paperwork indicates male, inmate will be searched by a male staff member).
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If staff are unable to determine the genital status through medical records or an interview with the inmate, the inmate shall be placed on single-cell status or in administrative segregation for his/her safety, until the standard intake medical evaluation is completed. This standard medical examination will establish the genital status of the inmate. Once the information is collected and documented on the CDCRCalifornia Department of Corrections and Rehabilitation Form 128-C3, the Institution Classification Committee should determine appropriate classification and housing placement.
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Many inmates consider their sexual orientation and gender identity to be private information, and the widespread knowledge of this information could impact the safety and well-being of sexual minorities such as lesbian, gay, bisexual, transgender and intersex (LGBTI) inmates. This information is considered sensitive and should be handled in a confidential manner. The information should only be communicated to staff when there is a justified “Need to Know.” This information should never be communicated to other offenders. This will protect the rights and safety of the involved inmate.
52050.17 Clothed Body Search of Visitors
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Any person coming onto the grounds of any Department facility or camp or any Department contracted facility, is subject to having their person, vehicle, and articles of property in their possession searched. Visitors to such a facility are subject to a routine inspection of their persons, vehicles, and any personal property in their possession. Such inspections shall be made to the degree consistent with the facility’s security needs.
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When peace officer staff determine that there is reasonable suspicion that the visitor is engaged in criminal activity including, but not limited to, the smuggling of unauthorized items or substances in or out of the institution, the visitor may be subjected to a thorough clothed body search.
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Each correctional facility shall provide for the posting of a warning sign, in English and Spanish, at the entrance onto the property stating: “Entrance constitutes consent of search of visitor’s person, property, or vehicles.”
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For detail information for searching inmate visitors, refer to DOMDepartment Operations Manual 54020.
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Contraband that has been seized as evidence in a search of a person, other than an inmate, shall be turned over to the responding law enforcement agency.
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A visitor may refuse to submit to an inspection or search. A refusal shall result in the visitor being denied entrance to the facility.
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If there is reasonable suspicion that the person is engaged in felonious activity and that evidence of such crime may be destroyed or disposed of if a search is not immediately conducted, the peace officer, with the concurrence of the watch commander, may detain the person and the property or vehicle to be searched until such time as a search warrant can be obtained. In all such cases the Warden or their designee will be immediately advised of the circumstances and a decision made about the course of action to be pursued.
52050.18 Family Visit Search
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Visitors to family visiting units shall be searched to ensure that no contraband or unauthorized items enter the institution grounds.
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During processing of inmate visitors, all authorized items to be brought into the institutional family visiting area shall be thoroughly searched.
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Items which are not authorized shall not be allowed inside the institution and shall be secured off the institutional grounds by the visitor.
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In the event felonious contraband (weapons, narcotics, etc.) is discovered in the possession or in the property of a visitor, procedure as described in DOMDepartment Operations Manual 52050.17 shall be followed.
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52050.19 Body Cavity Search
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Correctional personnel, other than qualified medical staff, shall not conduct a search of an inmate’s body cavities, other than visual or metal detector inspections. The search shall be conducted in a medical setting and any physical intrusion into body cavities shall be performed by a physician.
52050.19.1 Probable Cause
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A body cavity search of inmates shall only be initiated when there is probable cause to believe the person has secreted contraband within a body cavity. Prior to initiation and before each escalation of the search, the individual shall be given ample opportunity to voluntarily remove or surrender the contraband. Probable cause may be established by:
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Reliable confidential information.
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Irregularities found in the body cavities.
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Detection of contraband on the person.
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Note: Probable cause is not dependent upon the outcome of the search.
52050.19.2 Authorization to Search
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Authorization to initiate a body cavity search requiring any degree of intrusion shall be given by the Warden or designee after consideration of all information relating to probable cause.
52050.19.3 Supervision of Searches
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All searches other than an initial visual or metal detector inspection and each progressive step shall be under the general supervision of a supervisory staff member not less than the level of lieutenant.
52050.19.4 Oral Cavity Searches
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When an inmate is suspected of having secreted contraband in their mouth or attempts to swallow the evidence, no attempt shall be made to retrieve the contraband by force. A choke hold or any other physical restraint which prevents the person from swallowing or breathing shall not be used. If probable cause exists that evidence has been swallowed and that it is retrievable in usable form, the search process may be intensified as provided in this Article, (see Contraband Surveillance Watch).
52050.19.5 Methods
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In conducting any search of an inmate’s body cavities, all persons involved shall be sensitive to the personal dignity of the individual and the individual’s right to privacy of their own body. However, such rights may be abrogated to the extent necessary to preserve the security of the institution and the safety of persons.
52050.20 Degrees and Types of Searches
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The degree and intensity of the search shall be that least required to bring the search to a conclusion. As the search progresses, with each new piece of evidence to support the presence of contraband, the person shall be given ample opportunity to voluntarily remove and surrender the contraband.
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The types of searches include:
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Visual and metal detector searches.
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X-ray examinations.
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Physical intrusions by a physician.
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Physical isolation and observation.
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52050.21 X‑Ray Examination
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X-ray examinations for the purpose of confirming the ingestion of contraband or concealment of contraband in body cavities shall be utilized only upon approval of a medical doctor and under the same medical requirements and precautions as apply to x-ray examinations for other medical reasons. An x-ray examination shall be ordered and interpreted only by a physician, who shall make the following determinations:
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Whether or not a foreign object(s) is within the inmate’s body.
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A determination, if possible, of the nature of any foreign object(s).
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The effects of forcible removal or failure to remove the foreign object(s) upon the inmate’s health and safety.
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Recommendations for consideration regarding the least intrusive way to retrieve the contraband.
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52050.22 Forcible Retrieval
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The forcible retrieval of contraband by intrusion into the inmate’s body shall be avoided except as follows:
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When a medical doctor has determined that failure to remove the contraband presents an imminent danger to the life of the inmate.
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The contraband is clearly identifiable and constitutes an imminent threat to the security of the institution or the safety of other persons.
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The contraband cannot be retrieved by any less intrusive or forcible manner.
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Surgery. Surgical removal of contraband from the body of an inmate shall be the decision of the institution’s CMOChief Medical Officer, and in keeping with rights of the individual as would apply in any other surgical process.
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52050.23 Contraband Surveillance Watch
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The objective of placing an inmate on Contraband Surveillance Watch (CSW) is to retrieve concealed contraband without physical intrusion if possible; ensure that contraband is not circulated into the inmate population; and ensure the safety of the inmate suspected of having the concealed contraband.
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When it becomes apparent through medical examination, direct observation, or there is reasonable suspicion that an inmate has concealed contraband in their body, either physically or ingested, and the inmate cannot or will not voluntarily remove and surrender the contraband, or when a physician has determined that the physical removal of contraband may be hazardous to the health and safety of the inmate, the inmate may be placed in a controlled isolated setting on CSW under constant visual observation until the contraband can be retrieved through natural means, or is voluntarily surrendered by the inmate.
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This natural digestive process shall be used as an alternative to forcible intrusion into body cavities or surgery when a medical doctor determines that the natural method is feasible and does not pose a hazard, clear and present danger, or imminent threat to the inmate’s health and safety. Each institution shall provide their respective Associate Director (AD) and Investigative Services Unit (ISUInstitution Services Unit) a weekly CSW report (CSW Tracking Report). The CSW tracking report is due at noon each Monday (or next business day if the Monday falls on a holiday) and shall cover the period of the previous week (Monday thru Sunday). This report shall reflect all inmates on CSW for that period. The information contained in this report shall be forwarded by California Department of Corrections and Rehabilitation (CDCRCalifornia Department of Corrections and Rehabilitation) Headquarters’ staff to the Office of the Inspector General on a weekly basis.
52050.23.1 Authorization and Approval
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The request to place an inmate on CSW shall be made by the on duty Watch Commander, and approved at the level of Captain or above during business hours, or by the Administrative-Officer-of-the-Day (AODAdministrative Officer of the Day) during non-business hours, on weekends or holidays.
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Normally, inmates should be retained on CSW for a period of 72 hours, or until the inmate has provided at least three bowel movements free of contraband. When it is determined by medical or custodial staff that the inmate may still be in possession of contraband at the conclusion of the 72-hour time period, a search warrant, in cases where probable cause exists, shall be generated to retrieve the contraband. The search warrant shall be authorized at the level of Warden or Chief Deputy Warden (CDW). If a valid search warrant/court order is obtained, the contraband retrieval process shall be conducted in accordance with the warrant/court order; California Code of Regulations (CCRCalifornia Code of Regulations), Title 15, Section 3287(b)(5); and Department Operations Manual (DOMDepartment Operations Manual), Section 52050.19.
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Retention of an inmate on CSW for a second 72-hour period may only be authorized by the Warden or CDW. Retention of an inmate on CSW beyond six days may only be authorized by the Director, Division of Adult Institutions (DAIDivision of Adult Institutions (formerly Institutions Division)) or Deputy Director, Facility Operations, DAIDivision of Adult Institutions (formerly Institutions Division).
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The justification for each 72 hour CSW extension (e.g., the inmate only had one bowel movement within the 72 hours) shall be clearly articulated and reflected on a CDC Form 128B General Chrono. The CDC Form 128B shall be generated by the manager responsible for the area in which the inmate is currently housed. The reason for the 72-hour extension shall also be noted on the weekly CSW tracking report.
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CSW Placement/Retention Approval Matrix
CSW PERIOD APPROVAL LEVEL First 72 hrs Captain or above Second 72 hrs Warden or CDW Seven days or more Director, DAIDivision of Adult Institutions (formerly Institutions Division)/Deputy Director, Facility Operations, DAIDivision of Adult Institutions (formerly Institutions Division) (72 hour increments)
Note: All CSW Placement/Retention approval periods will be in 72 hour increments.
52050.23.2 Isolated Settings
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Inmates on CSW shall be placed on Administrative Segregation status in accordance with CCRCalifornia Code of Regulations, Title 15 Sections 3335 and 3336, issued a CDC Form 114D, Administrative Segregation Unit Placement Notice, and housed in an isolated setting for the duration of the CSW to meet the objective of retrieving the concealed contraband. The CDC Form 114D shall be issued by the official ordering the CSW placement and a copy distributed, within 24 hours of the placement, to the Warden, Captain responsible for the initial review of CDC Form 114D, and institution ISUInstitution Services Unit. The Warden’s office shall ensure that a copy of the CDC Form 114D is forwarded to the respective AD by the first business day subsequent to the issuance of the CDC Form 114D.
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Upon receipt of the CDC Form 114D, ISUInstitution Services Unit staff shall conduct a review of the CSW placement to determine the viability of obtaining a search warrant to retrieve the contraband. If a search warrant to retrieve the contraband is deemed appropriate (i.e., probable cause established, etc.), ISUInstitution Services Unit staff shall prepare a search warrant as directed by the Warden or CDW. An x-ray request shall be part of the search warrant. The search warrant shall be sent to the court/judge for resolution directly after the initial 72 hours of the inmate’s CSW placement has elapsed.
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The isolated setting shall be a cell that can provide the necessary security precautions of the institution/facility and large enough to accommodate a fully extended sleeping mattress. This setting may be in a general population area or in a segregated housing unit of the institution (i.e., Administrative Segregation or Security Housing Unit).
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In a medical emergency situation, or when it is determined by a physician or other medical personnel (e.g., Physician Assistant, Nurse Practitioner, Registered Nurse) that the concealment of the contraband poses an imminent threat to the inmate’s health and safety, the inmate shall be placed in a medically approved isolated setting in a Correctional Treatment Center, Outpatient Housing Unit, or General Acute Care Hospital. In such cases, the security and custodial supervision, and CSW responsibilities shall remain with the custodial personnel assigned to CSW detail under the direction of the Watch Commander. The isolated setting/cell’s lights should be dimmed, as possible, during normal hours of darkness, if such action does not adversely impact staff’s ability to observe and monitor the inmate.
52050.23.3 Placement in Isolated Setting
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Prior to the inmate being placed on CSW in the isolated setting, the following shall be accomplished:
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The Watch Commander shall ensure that a medical assessment of the inmate is completed by a physician or other medical personnel (e.g., Physician Assistant, Registered Nurse, Licensed Vocational Nurse) prior to the inmate’s placement on CSW. The medical assessment and the results shall be documented on a CDCRCalifornia Department of Corrections and Rehabilitation Form 7219, Medical Report of Injury or Unusual Occurrence.
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A CDC Form 114A, Inmate Segregation Record, shall be generated and maintained while the inmate is on CSW.
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The inmate shall be given an unclothed body search (see DOMDepartment Operations Manual, Section 52050.16.5).
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The isolated setting shall be thoroughly searched and cleaned.
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All moveable objects in the isolated setting shall be removed (except a mattress, blanket (from 2000 hrs to 0800 hrs) and stationary fixtures).
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The toilet (when present in the isolated setting) shall be covered in plastic and taped closed with the water turned off (if applicable).
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Female inmates shall be placed in a jumpsuit or two piece slip-on shirt and pants, one brassiere, one pair of panties, and one pair of socks. As an added method of security, inmates may be placed in two jumpsuits with the openings placed/worn in the opposite direction of each other.
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Male inmates shall be placed in one pair of boxer shorts, one T-shirt, and one pair of socks, or an approved jumpsuit or two piece slip-on shirt and pants with or without a T-shirt or boxer shorts. As an added method of security, inmates may be placed in two pairs of boxer shorts or two jumpsuits with the openings placed/worn in the opposite direction of each other.
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The legs and waist of the boxer shorts or slip-on pants and/or the arms and legs of the jumpsuit shall be taped closed to restrict the inmate’s access to their body cavities. Tape should never be applied in a manner to restrict circulation nor directly over the inmate’s skin.
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The inmate shall remain under constant visual observation at all times while on CSW. Inmates on CSW shall be checked by a correctional supervisor (Sergeant or above) once a shift. The purpose of this check is to determine the inmate’s wellbeing and ensure staff’s adherence to the CSW policy. All supervisory checks/reviews shall be documented on the inmate’s CDC Form 114A.
52050.23.4 Mechanical Restraints
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The inmate shall be placed in handcuffs attached to a waist chain while on CSW. Leg restraints may be used in cases where custody staff determines the inmate poses a threat to the safety of himself and/or others, in accordance with CCRCalifornia Code of Regulations, Title 15, Section 3268.2 Use of Restraints.
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Use of mechanical restraints on persons confirmed, or suspected by health care staff to be pregnant shall be subject to the following requirements (see also CCRCalifornia Code of Regulations, Title 15, Section 3268.2(e)):
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No leg restraints or waist chains shall be applied.
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If handcuffs are applied, the person’s arms shall be brought to the front of her body for application.
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Mechanical restraints shall not be placed on an inmate during labor, including during transport to a hospital, during delivery, and while in recovery after giving birth, unless circumstances exist that require the immediate application of mechanical restraints to avoid the imminent threat of death, escape, or great bodily injury. If such a threat exists, mechanical restraints may be used only for the period during which such threat exists (see CCRCalifornia Code of Regulations, Title 15, Section 3268.2(c)(5)). Four point restraints may be authorized when an inmate is disruptive or combative in accordance with CCRCalifornia Code of Regulations, Title 15, Section 3268.2 (c), and when approved by the Chief Medical Executive (CME) or their designee. The use of four-point restraint equipment shall be documented in the inmate’s Uniform Health Record (UHR) in accordance with CCRCalifornia Code of Regulations, Title 15, Section 3268.2(f).
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Hand Isolation Devices (HID) may be used at an institution when authorized, in writing, by the Warden or CDW. HIDs shall be purchased from an approved vendor only. Prior to placing a HID on an inmate confirmed, or suspected by health care staff to be pregnant, a physician shall be consulted and any potential risks fully discussed. The final decision to place the device on the inmate shall rest with the Warden or CDW and the reviewing physician. The consultation and its outcome shall be documented for inclusion in the inmate’s health care record and central file. Inmates placed in a HID shall remain under constant and direct visual supervision at all times. In instances where a HID is used, staff shall update the inmate’s CDC Form 114A to reflect usage times and correlating actions (e.g., 1200 hrs – One HID was removed allowing the inmate to eat lunch). Equipment Hygiene – HIDs shall be cleaned and sanitized on an ongoing basis (e.g., If soiled after a bowel movement, after termination of the CSW, etc.). In order to provide range of motion to a restrained extremity, a CSW inmate should be allowed free movement of each arm and leg at least once on 2nd and 3rd watch. Each restrained extremity should be released for a free movement period of at least 5 minutes on 2nd and 3rd watch. As appropriate to the situation, only one extremity need be released at a time. The application of additional restraints (e.g., Leg Irons, HID, etc.) other than handcuffs and waist chain shall be documented on the inmate’s CDC Form 114A.
52050.23.5 Health and Safety Concerns
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The inmate may be subjected to an x-ray examination in accordance with DOMDepartment Operations Manual, Section 52050.21 prior to their placement on CSW, and then again, thereafter, when it is determined to be necessary by the Chief Medical Executive (CME) or a physician. During the course of the CSW, if for any reason custodial staff observes a decline in the inmate’s health, or it is believed that the inmate’s health is affected by the concealed contraband, medical personnel shall be immediately contacted to conduct an assessment of the inmate’s condition. In a medical emergency situation, the CME may authorize a physician to perform an intrusive search and remove the contraband in accordance with DOMDepartment Operations Manual Section 52050.19 and CCRCalifornia Code of Regulations, Title 15, Section 3287 (b)(5).
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In the event a CSW inmate is transferred to an outside medical facility, notification shall be given to the Warden or CDW (during business hours) or the AODAdministrative Officer of the Day (during non-business hours). In cases where the CSW inmate is admitted to an outside medical facility, the institution shall notify the respective AD within one business day of the admission.
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Personal hygiene is an essential tool to maintain a healthy environment within an institutional setting and therefore each institution shall establish a process in which a CSW inmate is given the opportunity to wash (soap and water) his/her hands after each use of the restroom, prior to eating a meal, or when necessary to ensure appropriate hygiene. Running water may be substituted with a portable alternative such as a hand basin filled with water. During the periods in which an inmate is allowed to wash his/her hands, staff must take care to prevent the inmate from disposing of any contraband.
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Isolated Setting Hygiene – The CSW isolated setting/cell’s cleanliness must be appropriately maintained while the inmate is on CSW.
52050.23.6 Equipment
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The equipment required for contraband watch shall include, but is not limited to, the following:
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Flashlight
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Expandable Baton
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OC Pepper Spray
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Handcuffs with Key
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Waist Chain
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Leg Restraints (Based upon documented security need)
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Latex Gloves
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Disposable Mask
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Bed pan/portable toilet or toilet liner (clear plastic bag)
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Evidence Bags
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Tongue Depressor or Probe
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CSW procedures shall be located within the assigned post orders, and on site for immediate referencing by staff assigned to observe the inmate on CSW. Institutions having a need to use alternate restraint equipment not reflected in DOMDepartment Operations Manual, Section 51020.6 must submit a request to their respective AD for review and approval. If the request is subsequently approved, the institution may then procure the equipment from an approved vendor only.
52050.23.7 Voluntary Bowel Movement
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When the inmate requests to have a bowel movement, the custodial staff assigned to CSW shall:
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Request additional custody staff coverage. Only a staff member(s) of the same gender as the inmate shall monitor the bowel movement.
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Provide the inmate with toilet paper and a portable toilet, or use of the previously lined toilet in the isolated setting.
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Remove the necessary restraint gear to allow the inmate the ability to facilitate his/her bodily functions.
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Once the inmate has completed the bowel movement, the portable toilet or toilet liner shall be immediately retrieved or removed and the inmate will be re-secured in the restraint equipment.
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Using a tongue depressor or probe, the fecal matter shall be searched for any contraband. The assisting custody staff member shall maintain constant supervision of the inmate while the assigned Correctional Officer completes the search.
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The presence or absence of contraband shall be documented per institution procedure and on the inmate’s CDC Form 114A.
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If contraband is discovered, the contraband shall be processed as evidence in accordance with institution procedures, and documentation of the contraband shall be completed in accordance with DOMDepartment Operations Manual, Section 51030, Crime/Incident Reports, and a Rules Violation Report shall be completed.
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52050.23.8 Removal from Contraband Surveillance Watch
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The inmate may be removed from CSW when it is reasonably believed that the contraband has been relinquished or it is determined the inmate is contraband free. The request for the termination of an inmate’s placement on CSW shall be made by the on duty Watch Commander, and approved at the level of Captain or above during business hours, or by the AODAdministrative Officer of the Day during non-business hours. A CDC Form 128B shall be generated by the staff member approving the CSW termination. The CDC Form 128B shall have, at a minimum, the date of CSW termination, the name and classification of the approving authority, and the findings relative to the contraband recovered. The date of CSW termination and the findings relative to the contraband recovered shall also be documented on the weekly CSW tracking report. All documentation (e.g., CDC Form 128B, CDC Form 114D, CDC Form 114A, etc.) relative to the inmate’s CSW placement shall be maintained in the inmates Central File and institution’s ISUInstitution Services Unit office for the purpose of reference and audit.
52050.24 Documentation
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The placement of an inmate on CSW shall be documented per institution procedures by the Watch Commander requesting the placement of the inmate on CSW in accordance with Section 52050.23.1 of this policy. Each employee assigned to the CSW detail shall document all activities related to the inmate on a CDC Form 114-A for the duration of the inmate’s placement on CSW. This includes, but not limited to, all searches performed prior to and during the inmate’s placement on CSW, meals, hygiene, bowel movements, health concerns, medications, etc. Each Correctional Officer assigned to the CSW detail shall sign in and out at the beginning and end of the CSW observation period on the CDC Form 114-A. The CME or their designee shall document all medical decisions or issues relating to the inmate during placement on CSW in the inmate’s UHR. Complete and detailed documentation of all body cavity searches other than visual or metal detector inspections shall be submitted to the Warden or their designee for review.
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The report shall include the following information:
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Chronology of events leading to the search and escalation of the search process.
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Name and rank of all persons participating in the search process or supplying information which justified the search.
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All evidence and information regarding the justification for each degree of the search.
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Results at the conclusion of the search.
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52050.25 Vehicle Search – Visitors
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Authorization to initiate a search of a visitor’s vehicle may be given by the watch commander after consideration of all information relating to reasonable suspicion (Refer to DOMDepartment Operations Manual 52050.19.1). Supervision of suspect vehicle search shall be limited to the supervisory rank of sergeant or above. Documentation shall be in accordance with DOMDepartment Operations Manual 52050.24.
52050.25.1 Vehicles Adjacent to Institutional Property
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If probable cause exists warranting the search of a vehicle parked adjacent to institution property, the watch commander shall be notified and the driver and/or occupants of the vehicle shall be detained until the local law enforcement agency has been contacted and has responded.
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Upon arrival of the local law enforcement agency, the Department peace officer shall apprise the law enforcement officer of all circumstances establishing probable cause for the detention. The local law enforcement officer shall then determine if a search should be undertaken. The Department peace officer shall remain present and render assistance and provide appropriate written reports to the agency as required.
52050.25.2 State Vehicles
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All State vehicles shall be searched prior to use to ascertain that the vehicle is contraband free. When entering or departing the security perimeter, the vehicle shall be thoroughly searched by the custodial gate officer.
52050.25.3 Non‑State/Common Carrier Vehicles
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All non-state or common carrier vehicles are subject to search when entering or departing the institutional grounds. All non-state or common carrier vehicles shall be searched entering or departing the security perimeter of the institution.
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A systematic approach is essential to a thorough search. An effective search of a vehicle shall include passenger and freight compartments, trunk, motor compartment, roofs, and the undersides. A more thorough search, including hubcaps, under dash, spare tire, etc., shall be conducted if circumstances warrant or there is reason to suspect the presence of contraband.
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All vehicles leaving the institution shall be thoroughly searched to minimize the possibility of an inmate being concealed therein. Barrels and loads of loose materials such as leaves, refuse, etc., shall be thoroughly probed with a rod.
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52050.25.4 Employee Vehicles
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Covered in DOMDepartment Operations Manual 52050.15.
52050.26 Parcel Searches
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All correctional staff shall ensure inmates do not have access to any packages, parcels, mail, or containers entering the security area of an institution prior to proper inspection for contraband.
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All incoming packages/mail addressed to inmates shall be inspected in accordance with DOMDepartment Operations Manual section 54010, Inspection of Incoming Packages/Mail.
52050.27 Canine Unit
Revised November 11, 2016-
The California Department of Corrections and Rehabilitation (CDCRCalifornia Department of Corrections and Rehabilitation) canine unit is comprised of both illegal drug and contraband detection service dogs. Each departmental canine team is comprised of one certified canine handler and one certified canine service dog. All departmental service dogs shall be trained in the detection of illegal drug odor. Each canine team shall attend and successfully pass the Department’s 280-hour course of training in illegal drug detection and then certify in the methods of illegal drug detection. Upon successful completion, an illegal drug detection service dog will be able to detect the presence of the odor of marijuana, heroin, cocaine, methamphetamine, and derivatives of these illegal drugs. At the discretion of the Canine Lieutenant, illegal drug detection service dogs may also be trained in the detection of contraband odor. Contraband detection service dogs will be capable of detecting the presence of the odor of tobacco and cell phones. Each departmental canine handler and service dog shall be recertified annually by the Canine Lieutenant.
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All air scan service dogs must attend and successfully pass the Department’s 120-hour course of training in passive canine air scan searching and then certify in the methods of passive canine air scan searching. Upon successful certification, the passive canine air scan team shall be able to complete passive air scans on people. Air scan service dogs must complete the Department’s 280-hour course of training in illegal drug detection prior to attending the Passive Canine Air Scan Academy. Only a Passive Response Certified Narcotic Detection Team with a minimum of six months of experience shall be considered for air scan training and certification.
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Service dogs shall not be used for verification of suspected drugs. Such verification shall be performed in accordance with existing drug testing procedures.
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The mission of the canine unit is to combat the introduction of illegal drugs and contraband into CDCRCalifornia Department of Corrections and Rehabilitation facilities and reduce the overall level of drug/contraband and criminal activity within the inmate population, thereby enhancing the safety and security of the institution.
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Selection of canine handlers shall be based upon overall experience, honesty, maturity, dedication, and a professed affection toward dogs. Canine service dogs shall not be utilized for any purpose other than illegal drugs/contraband detection (i.e., cell extractions, escape details, response to violent incidents, event control, etc.).
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Only departmental assigned canine handlers shall normally handle departmental service dogs.
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Responsibility
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The Canine Lieutenant is responsible for purchasing, selling, retiring, or transferring of all service dogs and the training and coordination/utilization of all departmental canine teams. The Canine Lieutenant shall also be responsible for ensuring all departmental canine teams are in compliance with established regulations and policies governing departmental canine unit operations.
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Canine units are assigned to individual institutions and have a dual reporting structure. Each is part of a “Regional Unit;” Northern, Central, or Southern Region based on geographical location. Direct supervision rests with the Investigative Services Unit (ISUInstitution Services Unit) Lieutenant at the institution housing that canine team, and is responsible for daily Fair Labor Standards Act and staff accountability. The appropriate Regional Canine Coordinator maintains daily functional supervisory and scheduling responsibility for each canine unit. When the canine handler is not engaged in canine duties, the canine handler shall lend support with other ISUInstitution Services Unit functions as needed.
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Injuries to a Canine Handler
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In the event a canine handler is injured during the performance of their duties and is unable to care for or provide control of his /her assigned service dog, another canine handler shall be called to secure the service dog. If another canine handler is not available, a non-canine staff member shall be directed to secure the service dog into the institution’s kennel facility until another canine handler can respond. At the earliest time possible, the service dog shall be transported to the Regional Canine Coordinator or Canine Lieutenant until such time the assigned canine handler is able to care for the service dog, or the dog is reassigned.
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Injuries to a Service Dog
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Canine handlers shall avoid situations requiring the service dog to remain in their respective canine vehicles for extended periods of time. Temperature extremes can be detrimental to the service dog’s health and in extreme cases may result in death. Whenever the canine handler leaves the vehicle unattended, all doors shall be secured. If the service dog is in the vehicle in mild or cool weather, the windows shall be rolled down, with lattice inserts in place. During hot, humid weather, the vehicle may be secured with the engine and air conditioning running and windows partially opened. Only vehicles equipped with “secure idle” may be left running while inside institutional grounds. In such cases, the vehicle shall be under direct observation (i.e., tower or front entrance/gate staff member). Extreme caution to inside vehicle temperature on hot days shall be exercised with welfare checks of the service dog conducted as needed, but at least every thirty (30) minutes.
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In the event a service dog sustains a life-threatening injury or ingests any quantity of known or suspected drugs, the canine handler shall immediately call the closest available veterinary hospital for care. The canine handler shall administer appropriate first aid procedures as applicable. The telephone number for the American Society for the Prevention of Cruelty to Animals/Animal Poison Control Center is available through the Canine Lieutenant.
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Canine Retirement
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In the event the Department deems it necessary to retire a canine, it is the responsibility of the Canine Lieutenant to gather any substantiating documents regarding the canine retirement, such as medical documents, if available, and forward these documents to the Division of Adult Institutions, General Population (GP) Males Mission.
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The Department may deem a canine retired due to any of the following:
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Poor health;
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Old age;
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Unmanageable behavior; and/or
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Failure to obtain required certifications.
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The GP Males Mission will then ensure the necessary paperwork is completed and approved. The two forms necessary to retire a CDCRCalifornia Department of Corrections and Rehabilitation canine are as follows:
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CDCRCalifornia Department of Corrections and Rehabilitation 2001, Agreement for Sale of Department K-9Canine; and
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STDStandard Form (DGS). 152, Property Survey Report.
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Once approved, the Richard A. McGee Correctional Training Center shall be notified of the canine retirement to ensure that the canine badge number is retired.
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The GP Males Mission shall also ensure proper notification and tracking within the CDCRCalifornia Department of Corrections and Rehabilitation SAP/BIS electronic tracking system.
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Veterinary
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Each institution is responsible for identifying a veterinary clinic in their geographical area for providing emergency services as well as yearly examinations/vaccinations. Emphasis shall focus on a veterinarian experienced with providing care for service dogs. All departmental canines shall be examined and vaccinated yearly or as required by the attending veterinarian.
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Accidental Bites
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In all cases of a service dog biting any person(s), staff shall obtain immediate medical aid for the victim. A service dog bite is a reportable incident. The canine handler shall return the service dog to its assigned kennel on grounds and complete CDCRCalifornia Department of Corrections and Rehabilitation Form 837-C, Crime/Incident Report Part C – Staff Report, for submission to the appropriate reporting authority. ISUInstitution Services Unit staff shall obtain photographs of the victim’s injuries immediately following medical treatment. These photographs shall be treated as evidentiary material.
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Armed Post
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All correctional peace officers assigned as a canine handler shall be issued departmentally approved Glock Model G22 .40 caliber pistol with 3 magazines containing a total of 45 rounds of ammunition and equipment consistent with department policy.
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Weapons shall be stored in an approved gun locker at the base of the appropriate weapons tower for accessibility 24-hours a day. A CDCRCalifornia Department of Corrections and Rehabilitation Form 656, Armory Entrance and Exit Log, shall be maintained and placed inside the gun locker for accountability purposes. A log entry, reflecting the canine handler’s name, date, time in/out, and reason for drawing the weapon shall be completed by the canine handler each time the weapon is accessed.
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Canine handlers issued side arms shall be armed during off site operations and while transporting their assigned service dog off institutional grounds. When at home, or away from the institution overnight, all weapons shall be secured in accordance with state and federal laws. A trigger guard shall be applied in order to safely secure the weapon.
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Canine Vehicles
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Due to the need for canine handlers to safely transport their assigned service dogs, suitable State vehicles will be assigned to each canine handler. The vehicles shall be full/mid-sized sedans or Sport Utility Vehicles (SUVs). The vehicle shall be modified by removing the rear seats and installing a platform covered with a water proof material along with an anti-skid covering. The front driver’s compartment and the rear passenger compartment shall be divided by an expanded metal partition to keep the service dog secured in the rear of the vehicle and ensure adequate ventilation in the rear of the vehicle. Pre-built/manufactured canine inserts may also be used. Canine vehicles shall be equipped with an ignition override system; such as “Secure Idle,” as well as heat monitoring systems to ensure the safety of the canine. All canine handlers shall complete the Standard 377, Vehicle Home Storage Request/Permit in accordance with departmental policy.
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Home Kenneling
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Service dog(s) shall be maintained at the respective canine handler’s residence and permitted to socialize with the canine handler’s family. This fosters good social behavior in the service dog.
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When on vacation or away for extended periods of time the service dog may be kenneled with another canine handler or in a suitable departmental kennel. California State Prison-Solano and California Institution for Men have kennels which are suitable for extended kenneling. The appropriate Regional Canine Coordinator shall be apprised anytime a departmental canine requires kenneling.
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Service dogs maintained at a canine handler’s residence shall be appropriately kenneled. A kennel shall be purchased at the expense of the home institution and measure approximately 5 feet wide, 10 feet long, 6 feet high with sanitizeable flooring, i.e., composite flooring, concrete, etc., with a shade panel over the top and securable with a padlock. The canine handler shall clean the kennel daily.
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All food, cleaning supplies, and items necessary for home care of the service dog shall be provided by the institution and maintained at the canine handler’s residence.
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The assigned State vehicle shall not be parked on a public street when stored at the canine handler’s residence.
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Canine handlers are encouraged to garage or cover the vehicle when not in use in order to avoid any undue attention to the vehicle.
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Obedience Training
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Obedience training shall be conducted separate from detection scent training. Obedience training shall be conducted to the extent necessary for the assigned canine handler to adequately control his/her service dog in unfamiliar settings. At no time are electronic collars (bark/shock collars) allowed to be used without the approval of the Canine Lieutenant.
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Scent Training
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Scent training shall be conducted annually, quarterly, monthly, and at the discretion of the Canine Lieutenant assuring each service dog’s competency. All training shall be appropriately documented in each service dog’s training records.
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A canine handler is required to have narcotic training aids inventoried by the Regional Canine Coordinator and/or Canine Lieutenant on a quarterly basis. Unannounced inventory inspections may be conducted at any time. A canine handler shall report any lost or spilled training aids. A copy of the Narcotic Training Aid Log shall be forwarded to the Institution’s ISUInstitution Services Unit Lieutenant, Regional Canine Coordinator, and/or Canine Lieutenant. Each canine handler is required to complete a canine Narcotic Training Aid Log. This log is to be completed each time a training aid is used to ensure that no training aids are inadvertently left at a facility. This form shall be sent to the Canine Lieutenant on a monthly basis.
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Annual Canine Certification
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Each Departmental canine handler and service dog shall complete and pass the CDCRCalifornia Department of Corrections and Rehabilitation Canine Academy prior to using a canine in the performance of duty. This certification shall meet the guidelines set forth by the California Commission on Peace Officers Standards and Training (POST). Each canine handler and service dog shall be recertified annually by the Canine Lieutenant. Certifications shall consist of the following:
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Exterior vehicle search
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Interior vehicle search
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Individual search (drug detection canine only) (Air Scan)
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Individual article search
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Inside building search Distraction aids may be used in any or all of the certification searches.
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The canine team shall be capable of detecting the odor of marijuana, heroin, cocaine, and methamphetamines in a vehicle’s interior/exterior, buildings, on persons, and on articles of property. The canine handler shall be able to recognize the canine’s alert and response. The canine handler’s call as to the location of the aid shall be as specific as possible. The canine handler will reward the canine for a positive response only after confirmation on the location of the aid has been given by the certifying trainer/instructor. Training shall include and emphasize the importance of understanding both human and human-dog social cognitive factors in applied situations to prevent any false positive alerts. Each canine team shall complete all phases of certification (pass or fail).
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Certification will be scheduled for two consecutive days at a location specified by the Canine Lieutenant. If a canine team fails certification, remedial training shall be the responsibility of the trainer. The canine team shall be rescheduled for certification one week following the failed certification. In the event the canine team fails to certify at the second certification, training shall be scheduled one week after the failed certification and supervised by the Canine Lieutenant. At the third scheduled certification, if the canine team fails to certify, the Canine Lieutenant shall conduct an administrative review of the certification process used and the team’s performance. Failure to certify is cause for removal from the canine program.
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Canine Handler Equipment
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The following list of equipment shall be issued to canine handlers and replaced as needed by the home institution:
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Six foot leash with snap clasp
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Fur saver choke collar
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One and one half inch flat leather collar
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Stainless steel food pan
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Stainless steel water pan
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Stainless steel water bucket
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Spill proof vehicle water bowl
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Jute Tug Toy (3)
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Kong rubber ball (2)
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De-shedding comb
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Kennel crate
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Traffic Lead
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Mutual Aid
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Departmental canine teams are available to assist both interdepartmental and outside law enforcement. All requests for canine unit assistance from institutions shall be made through the appropriate Regional Canine Coordinator who will evaluate the scope of the operation and deploy adequate canine resources.
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CDCRCalifornia Department of Corrections and Rehabilitation institutions, the Office of Correctional Safety, the Office of Internal Affairs, and parole units have priority over outside law enforcement agency requests for mutual aid in the use of canine teams. The Canine Lieutenant holds the ultimate responsibility for the deployment of canine teams. The use of canine units shall be prioritized as follows:
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First Priority: Intelligence based institutional searches. Authorization by ISUInstitution Services Unit Lieutenant and/or Institutional Warden with operational coordination between the ISUInstitution Services Unit Lieutenant and the Regional Canine Coordinator.
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Second Priority: Random institutional searches. Authorization by the Institution Warden with operational coordination between the ISUInstitution Services Unit Lieutenant and the Regional Canine Coordinator.
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Third Priority: Parole unit requests. Coordinated through the Regional Canine Coordinator with authorization from the Institution Warden and notification to the Canine Lieutenant.
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Fourth Priority: Outside law enforcement agency requests. Coordinated through the Regional Canine Coordinator with authorization from the Institution Warden and Associate Director, General Population Males, or designee with notification to the Canine Lieutenant.
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Upon approval of the parole unit or outside law enforcement assistance the following shall apply:
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CDCRCalifornia Department of Corrections and Rehabilitation’s canine unit’s sole purpose during off-site operations is to conduct searches of targeted areas using their assigned service dogs. Passive canine air scan searches of persons under the jurisdiction of the Department are permissible. Passive canine air scan searches of citizens not under the jurisdiction of the Department shall not be conducted without the existence of articulable probable cause or a search warrant for the search of a specific citizen.
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Canine unit staff shall not involve themselves in the outside law enforcement efforts in the securing of the search area and shall remain outside the targeted area until such time the residence or building has been secured.
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All occupants of the search area shall be cleared from the area to be searched to ensure there is no contact with the service dog(s).
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Prior to conducting any search, canine unit staff shall visually check the area to be searched to ensure there are no illegal drugs or dangerous items in plain sight that may cause injury to the dog. During the actual search, the canine handler is responsible for identifying any area the service dog alerts. During the course of a search, the canine handler shall not retrieve any drugs or contraband discovered, unless absolutely necessary.
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Subsequent to the canine team completing their portion of the search, designated staff shall perform a tactile (hands on) search of the areas where the service dog alerted.
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Within 24-hours of the search operation, or no later than the close of business the following business day, a report is to be submitted and routed to the appropriate Warden, Regional Canine Coordinator, Canine Lieutenant, and the Associate Director, General Population Males, documenting the details of the search to include a description of any drugs/contraband discovered during the search.
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When utilizing the service dog(s) outside of the institution and pursuant to a search warrant, the respective canine handler shall use his/her assigned service dog in a manner within the scope of the search warrant.
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When available, a minimum of two canine teams shall be deployed. This allows for larger areas to be searched and maximum utilization of the service dog in a shorter period of time.
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Drug detection service dogs shall be used in requests for probable cause purposes.
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Canine staff responding to a call-out or emergency shall be required to report in appropriate uniform.
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Overtime costs shall not be incurred without approval of the appropriate Warden or designee. The canine handler shall complete a detailed report upon completion of the search. The report shall be submitted to the Canine Lieutenant via the Regional Canine Coordinator.
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Only CDCRCalifornia Department of Corrections and Rehabilitation-approved equipment is allowed to be used.
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Demonstrations
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The canine unit may provide public demonstrations to further public relations. Requests shall be forwarded to the appropriate Regional Canine Coordinator for approval. All such requests shall be routed to the Canine Lieutenant to ensure there are no operational conflicts. If the request is approved, the Regional Canine Coordinator shall assign sufficient personnel to provide the service.
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52050.27.1 Canine Searches
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Prior to any search, the canine team supervisor shall brief all staff assisting in the search process. The briefing shall include the objectives of the search, safety and security considerations, and each person’s role in the search process.
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Canine searches shall be conducted of all internal buildings, all inmates, inmate living quarters, work areas, warehouse storage areas, offices, common areas, maintenance shops, and any other area under the jurisdiction of the Department.
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The canine handler executing the search shall ensure assisting staff members order all inmates away from the service dog(s). Inmates shall remain a significant distance away from the canine team(s). This includes passage to and from any chosen search site.
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If a violent incident occurs, and a canine team is conducting searches within the vicinity of the incident (i.e., riot, shots fired, etc.), the canine handler’s foremost priority shall be protecting the safety of his/her assigned service dog. The canine handler shall remove the service dog from the affected area as soon as practical. Under no circumstances shall a canine handler release his/her custody of the service dog in order to respond to the incident.
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Positive Canine Alert means a change in behavior that departmental canines are trained to perform when they detect the odor of marijuana, heroin, cocaine, methamphetamines, tobacco, or cell phones. This change in behavior alerts the canine handler that the canine has detected the odor of drugs, tobacco, or cell phones. “Passive” canines are trained to perform signals including, but not limited to, sitting and/or staring at the detected contraband. “Active” canines are trained to perform signals including, but not limited to, scratching and/or staring at the detected contraband.
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With intermittent breaks, each service dog is capable of searching up to four hours per day in optimum conditions (peak efficiency is twenty to sixty minutes). Canine handlers shall make every effort to maintain their assigned service dogs in peak condition. During all searches, canine handlers shall remain cognizant of their service dog’s physical needs (i.e., rest, relief, etc.).
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During any service dog search, the canine handler shall not retrieve any illegal drugs or contraband discovered, unless absolutely necessary. Staff shall not interfere, distract, or assist the canine team while conducting their portion of the search, unless specifically asked to do so by the canine handler.
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Reporting
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Anytime a drug detection service dog “alerts” to the odor of illegal drugs while searching and illegal drugs are subsequently discovered in that area, the canine handler shall document all pertinent details of the search, including the service dog’s alert, on a CDCRCalifornia Department of Corrections and Rehabilitation Form 837-C, Crime/Incident Report Part C – Staff Report. The report shall be submitted to the appropriate reporting authority.
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Urinalysis Testing of Inmates
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Drug detection service dogs “alert” to the odor of an illegal drug, not necessarily the drug itself. The courts have held that a dog’s alert can establish probable cause for a search. A dog’s alert is also a basis to order an inmate to submit a urine sample for testing of a controlled substance. Orders for submission of urine samples shall be for cause and for the purpose of laboratory testing. Testing shall confirm or deny the presence of illegal drugs, at a specified level, in the subject’s urine.
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Canine Searches Inside Security Perimeter
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Canine searches inside the security perimeter shall be conducted frequently and unannounced. The appropriate Regional Canine Coordinator shall be responsible for scheduling and coordinating canine teams for searches within CDCRCalifornia Department of Corrections and Rehabilitation institutions and parole regions. The ISUInstitution Services Unit Lieutenant of the respective institution shall be responsible for notifing the Warden of the impending canine search and operations.
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Canine Searches Outside Security Perimeter
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Canine searches conducted outside the security perimeter (i.e., administration building, records, support/Prison Industry Authority warehouse, etc.), shall be conducted frequently and randomly. The ISUInstitution Services Unit Lieutenant of the respective institution shall be responsible for notifing the Warden of the impending canine search and operations.
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Prior to any search, the canine team supervisor shall brief all staff assisting in the search process. The briefing shall include the objectives of the search, safety and security considerations, and each person’s role in the search process.
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Canine searches shall be conducted of all internal buildings, inmate living quarters, work areas, warehouse storage areas, offices, common areas, maintenance shops, and any other area under the jurisdiction of the Department.
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Internal Areas/Inmate Living Quarters
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While moving through the facility, canines shall be leashed and under control at all times. The canine handler is responsible for the control and protection of his/her service dog while on duty.
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The canine handler, executing the search, shall ensure assisting staff members order all inmates away from the service dog(s). Inmates shall remain a significant distance away from the canine teams at all times. This includes passage to and from any chosen search site.
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Prior to conducting an interior area search, the canine handler shall make a visual inspection of the area(s) to be searched. During this inspection, a systematic search pattern shall be decided. If more than one canine team is conducting an interior area search, the area shall be divided and a decision made as to what area(s) each team will be responsible to search.
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When conducting internal area searches, the canine handler shall be accompanied by facility security staff or a regular shift officer. The accompanying staff shall assist the canine handler by recording pertinent information. Assisting staff shall have keys to access areas to be searched and are responsible for securing these areas upon the canine handler exiting the area.
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When a canine alert occurs, the canine handler will advise the assisting staff of the location and objects to be searched. If no drugs or contraband are located after the search is conducted, the canine handler shall have the canine search articles that have been checked by the assisting staff to possibly better pinpoint the exact location of drugs or contraband.
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When a canine alert occurs in an area or on property belonging or assigned to a particular inmate, a search of the inmate and area shall be conducted and a urine sample may be collected from the to test for the presence of illegal drugs in the inmate’s system.
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Facility staff shall secure illegal drugs or contraband in the evidence safe and complete all required report(s). Facility staff shall conduct any administrative action when required. Canine handlers shall complete a CDCRCalifornia Department of Corrections and Rehabilitation Form 837-C, Crime/Incident Report Part C – Staff Report, before completion of their shift to document any drug(s)/contraband found.
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Each canine handler shall prevent harassment, physical assault, or verbal threat to a canine. Harassment, physical assault, or verbal threat may subject the offender to a misconduct and/or criminal prosecution.
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Common Areas
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A common area is any area where inmates and visitors have access. Common areas include, but are not limited to, storage areas, showers, dayrooms, plumbing chases, lobbies, visitor waiting rooms, staff and public rest rooms, inmate rest rooms outside of secured cells, etc.
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Common areas are searched utilizing a Systematic Search Pattern (SSP), checking areas and the contents of that area. When conducting a SSP, the perimeter area and any object or article that is located on the perimeter shall be searched. After the perimeter is searched, all objects or articles inside the perimeter interior shall be searched (i.e., tables in a dayroom, workbenches, power tools, etc.).
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Warehouse Areas/Garages/Auto Shops
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Warehouse areas/garages/auto shops are generally very large areas with extremely high ceilings. If possible, multiple canine teams shall be used, dividing the interior of the warehouse into sections and assigning a specific section or area to each team.
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A canine handler searching these areas shall be alert to any antifreeze or other solvents that may be out in the open where a canine could easily ingest them.
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High areas shall be checked especially if a canine is giving a high response when conducting a search at ground level.
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To search items stored at extended heights not easily accessible to the canine team, equipment may be used to raise both the canine handler and the service dog, when possible.
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Mail Rooms/Incoming Inmate Mail
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A search of incoming inmate mail shall be conducted as frequently as possible by a canine team to detect the possible presence of illegal drugs and/or contraband.
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The canine handler shall coordinate with mail room staff when incoming mail arrives and conduct a search of mail so as not to interfere with the timely inspection and processing of the mail.
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The canine team may also conduct a search of the mailroom itself. Any articles, packages, letters, and newspapers that a canine alerts on shall be carefully and thoroughly inspected for possible illegal drugs and/or contraband being concealed in its contents. The canine handler shall do inspections with the mailroom supervisor present. Any illegal drugs and/or contraband found shall be tested by the finding officer and processed in accordance with Department policy.
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The Office of Internal Affairs (OIAOffice of Internal Affairs) Criminal Team Supervisor or Administrative Officer of the Day (AODAdministrative Officer of the Day) shall be contacted for consideration of an exigent investigation upon the discovery of illegal drugs or other criminal contraband in any letter, package, or other item when there is a reasonable suspicion that the letter, package, or item is intended for a departmental employee, employee of other government agencies, contract employee, contractor and/or their employees, or volunteer.
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Searches of inmates for Contraband and/or Illegal Drugs
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All inmates shall be subject to a search of their person and property to control and detect contraband and illegal drugs. Contraband and/or metal detection device(s) and/or electronic drug detectors including but not limited to ION Scanners and other available contraband and/or metal detecting device(s) technology, and passive canine air scan units may be used for this purpose.
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Direct searches of inmates by Canine Units shall be conducted as described in the California Code of Regulations (CCRCalifornia Code of Regulations), Title 15, Division 3, section 3287.
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A passive canine air scan search may be initiated based upon reasonable suspicion.
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Seated Passive Canine Air Scan Searches of Inmates
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Seated passive canine air scan searches of inmates shall be conducted in a room big enough to allow the canine team to work around the person without running into furniture or other objects. All ventilation systems should be turned off and all windows closed. This will reduce the amount of airflow in the room allowing a better search of the inmate. The inmate shall sit in a metal or plastic chair. The chair should have an opening in the back and on the sides and shall be free of any armrests. The inmate shall sit straight up in the chair, knees at a 90 degree angle, knees and ankles together with their hands on their knees, palms down. Once the inmate is seated in the chair, the canine handler will bring the canine approximately a foot away from the person and give the canine the command “find it.” The canine handler will direct the canine to search the person in the following order: left ankle, left knee, left hip, lower back, right hip, right knee, right ankle, feet, left armpit, upper back, right armpit, and across the hands (making two rotations around the person).
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Standing Passive Canine Air Scan Searches of Inmates
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Standing passive canine air scan searches of inmates are conducted by having a custody staff member instruct one or multiple inmates to stand against a wall. The inmate(s) is/are to face the wall, stand up straight, knees and feet together, hands to their sides, palms facing backwards, with the inmate looking straight ahead. The area that is chosen to conduct this search should be a location with little airflow. Once the inmates are lined up, the canine handler will approach the first inmate and give the canine the command “find it.” The canine team will move swiftly behind the inmates, allowing the canine to search the backside of the inmates. Once the canine team has reached the last inmate, they will circle back to the first inmate and the canine handler will present each inmate’s shoes and lower back area to the canine, without allowing the canine to put their paws on the inmates. If the canine alerts on an inmate, staff will remove the inmate from the line and the canine handler will complete searching the rest of the inmates.
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The Office of Internal Affairs (OIAOffice of Internal Affairs) Criminal Team Supervisor or the Administrative Officer of the Day (AODAdministrative Officer of the Day) shall be immediately contacted for consideration of an exigent investigation upon the discovery of illegal drugs or other criminal contraband in the possession or control of an inmate when there is a reasonable suspicion that a departmental employee, employee of other government agencies, contract employee, contractor and/or their employee, or volunteer is involved.
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Searches of Visitors
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Any person coming onto the grounds of any Department facility is subject to search by a departmental canine as part of the Department’s drug interdiction program.
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All Visitors are subject to a search of their person and private property before entering, or while inside, any Department facility or Department grounds, to keep out contraband and illegal drugs. Contraband and/or metal detection device(s) and/or electronic drug detectors including but not limited to ION Scanners and other available contraband and/or metal detecting device(s) technology, and passive canine air scan units may be used for this purpose.
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Inmate visitors afraid of dogs (Cynophobia), and/or who suffer from allergic reactions to dogs, shall be escorted to the ION Scanner location and scanned pursuant to Department procedures.
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Direct searches of visitors by Canine Units shall be conducted pursuant to CCRCalifornia Code of Regulations, Title 15, Division 3, section 3173.2. Prior to performing direct searches, search operations staff shall ensure that the area or objects used for search are free from contamination that may interfere with the search, i.e., chairs for sitting in, excessive property within search rooms, etc. Canine handlers shall search the area or objects used prior to the beginning of search operations and after any positive alert to ensure there are no cross contamination issues.
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A passive canine air scan search on an individual may be initiated based upon reasonable suspicion.
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All inmate visitor testing results shall be documented on the Canine Air Scan Results Log – Visitors.
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Visiting staff shall inform visitors they can refuse the enhanced inspection by passive canine air scan search. Staff shall inform the visitor of further potential search or visitation options upon a positive alert or based upon the number of refusals occurring within a twelve (12) month period as outlined in CCRCalifornia Code of Regulations, Title 15, Division 3, section 3173.2(c)(3)(B)1-4.
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Inmate Visitors shall be randomly selected for scanning with a passive canine air scan search.
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All air scans of individuals shall be conducted in a manner that affords privacy.
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Seated Passive Canine Air Scan Searches of Inmate Visitors
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Seated passive canine air scan searches of inmate visitors shall be conducted in a room big enough to allow the canine team to work around the person without running into furniture or other objects. All ventilation systems should be turned off and all windows closed. This will reduce the amount of airflow in the room allowing a better search of the inmate visitor. The inmate visitor shall sit in a metal or plastic chair. The chair should have an opening in the back and on the sides and shall be free of any armrests. The inmate visitor shall sit straight up in the chair, knees at a 90 degree angle, knees and ankles together with their hands on their knees, palms down. Once the inmate visitor is seated in the chair, the canine handler will bring the service dog approximately a foot away from the person and give the canine the command “find it.” The canine handler will direct the service dog to search the person in the following order: left ankle, left knee, left hip, lower back, right hip, right knee, right ankle, feet, left armpit, upper back, right armpit and across the hands (making two rotations around the person).
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If during the passive canine air scan search, the scan result is negative, the individual will continue with processing into the institution.
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If during the passive canine air scan search, the scan result is positive, the visitor shall be informed that he/she shall be required to submit to a clothed body search as a condition of a non-contact visit. If the results of the clothed body search are negative for contraband, the visitor shall continue with processing for a non-contact visit However, if the clothed body search results in the discovery of contraband, the visitor shall be denied entrance to the facility and may be subject to arrest and referral for criminal prosecution. If the visitor refuses to consent to a clothed body search, visiting shall be denied for the day.
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All positive alerts (second EDDE scans/passive canine air scans), refusals to submit to clothed body searches after a positive alert, and/or refusals to participate in the drug interdiction process shall be recorded on the SOMSStrategic Offender Management visiting record. Upon the visitor’s next attempt to enter a CDCRCalifornia Department of Corrections and Rehabilitation institution, he/she shall be informed that he/she shall be subject to the provisions pursuant to CCRCalifornia Code of Regulations, Title 15, Division 3, Section 3173.2(c)(3)(B)1-4.
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The Office of Internal Affairs (OIAOffice of Internal Affairs) Criminal Team Supervisor or Administrative Officer of the Day (AODAdministrative Officer of the Day) shall be immediately contacted for consideration of an exigent investigation upon the discovery of illegal drugs or other criminal contraband in the possession or control of a visitor.
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The arrest of a visitor shall not be made without consultation with OIAOffice of Internal Affairs when there is reasonable suspicion that a departmental employee, employee of another government agency, contract employee, contractor or their employee, or volunteer is involved with the visitor. The OIAOffice of Internal Affairs Regional Criminal Team Supervisor will assess the case factors and other investigative strategies prior to approval. In the event there are exigent circumstances where the need to act is immediate, OIAOffice of Internal Affairs shall be notified as soon as possible thereafter.
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When an arrest is made by ISUInstitution Services Unit, in accordance with CCRCalifornia Code of Regulations, Title 15, Division 3, sections 3176.2 and 3316(a), the CDCRCalifornia Department of Corrections and Rehabilitation 837 form series, Crime/Incident Report; arrest reports; and staff reports documenting the arrest shall be completed and a copy forwarded to the local District Attorney’s office by ISUInstitution Services Unit.
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Passive Canine Air Scan Searches of Employees, Contractors, Attorneys, and Volunteers for Contraband and Illegal Drugs
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All persons who are employed by the Department employees, employees of other government agencies, contract employees, contractors and their employees, volunteers , and attorneys or legal organizations as identified in CCRCalifornia Code of Regulations, Title 15, Division 3, section 3141(c)(9) authorized to practive law in California, another state, or the District of Colombia who come onto institutional grounds are subject to a search of their person, private property, and vehicles for contraband and illegal drugs before entering, or while inside, any department facility or department grounds via the use of contraband and/or metal detection equipment and/or electronic drug detectors including, but not limited to, ION scanners and other available contraband and/or metal detecting device(s) technology, and passive alert canines may be used for this purpose.
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By entering or attempting to enter a department facility or department grounds, employees, employees of other government agencies, contract employees, contractors and their employees, and volunteers, and attorneys or legal organizations as identified in CCRCalifornia Code of Regulations, Title 15, Division 3, section 3141(c)(9) authorized to practice law in California, another state, or the District of Columbia consent to being searched for contraband and illegal drugs.
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An employee, employees of other government agencies, contract employees, contractors and their employees, and volunteers, and attorneys or legal organizations as identified in CCRCalifornia Code of Regulations, Title 15, Division 3, section 3141(c)(9) authorized to practice law in California, another state, or the District of Columbia coming onto the grounds of any department facility is subject to search by a department canine as part of the department’s drug interdiction program. Passive alert canines shall be used to combat the introduction of illegal drugs and contraband being smuggled into CDCRCalifornia Department of Corrections and Rehabilitation facilities.
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Direct searches of employees, employees of other government agencies, contract employees, contractors and their employees, and volunteers, and attorneys or legal organizations as identified in CCRCalifornia Code of Regulations, Title 15, Division 3, section 3141(c)(9) authorized to practice law in California, another state, or the District of Columbia by Canine Units.
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Employees, employees of other government agencies, contract employees, contractors and their employees, and volunteers, and attorneys or legal organizations as identified in CCRCalifornia Code of Regulations, Title 15, Division 3, section 3141(c)(9) authorized to practice law in California, another state, or the District of Columbia shall be randomly selected for scanning with a passive canine air scan search. All air scans of individuals shall be conducted in a manner that affords privacy.
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If during the passive canine air scan search, the scan result is negative, the individual will continue with processing into the institution.
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Prior to performing direct searches, search operations staff shall ensure that the area or objects used for search are free from contamination that may interfere with the search, i.e., chairs for sitting in, excessive property within search rooms, etc. Canine handlers shall search the area or objects used prior to the beginning of search operations and after any positive alert to ensure there are no cross contamination issues.
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Prior to beginning a search of employees, employees of other government agencies, contract employees, contractors and their employees, and volunteers, and attorneys or legal organizations as identified in CCRCalifornia Code of Regulations, Title 15, Division 3, section 3141(c)(9) authorized to practice law in California, another state, or the District of Columbia using passive alert canines, the Search Operations Commander or designee shall be responsible for determining if the search will be of all employees entering or exiting an area, or only those selected on a random basis (e.g., every 3rd or 5th). The random selection method shall be documented on the Canine Search Air Scan Results Log prior to the commencement of the searches. The random pattern shall not be altered unless approved by the Search Operations Commander.
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The canine handler shall inform employees, employees of other government agencies, contract employees, contractors and their employees, and volunteers, and attorneys or legal organizations as identified in CCRCalifornia Code of Regulations, Title 15, Division 3, section 3141(c)(9) authorized to practice law in California, another state, or the District of Columbia that he/she is conducting passive air scan searches of individuals using passive alert canines and that the purpose of the scan is to detect illegal drugs.
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The canine handler shall inform each employee, employees of other government agencies, contract employees, contractors and their employees, and volunteers, and attorneys or legal organizations as identified in CCRCalifornia Code of Regulations, Title 15, Division 3, section 3141(c)(9) authorized to practice law in California, another state, or the District of Columbia that the passive canines have been trained to detect the presence of contraband by smell and to alert their handlers to that detection by sitting down or staring.
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Employees, employees of other government agencies, contract employees, contractors and their employees, volunteers, and attorneys or legal organizations as identified in CCRCalifornia Code of Regulations, Title 15, Division 3, section 3141(c)(9), authorized to practice law in California, another state, or the District of Columbia, shall be directed to not interact with the canine in any way.
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While inadvertent contact is a possibility, the handler shall not instruct the canine to contact the individual being scanned.
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If the subject of the air scan search seems excessively nervous, the handler shall attempt to reassure the person that the procedure is safe, but the person shall not be permitted to pass into the institution without being scanned.
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Passive air scan searches by Chanines. All positive air scan results shall be documented on the Canine Positive Air Scan Results Log. A passive air scan search may be conducted under one or both of the following conditions:
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A passive air scan search may be conducted in open areas where groups of employees, employees of other government agencies, contract employees, contractors and their employees, or volunteers, or attorneys or legal organizations as identified in CCRCalifornia Code of Regulations, Title 15, Division 3, section 3141(c)(9) authorized to practice law in California, another state, or the District of Columbia are walking and/or congregated, e.g., main entrances, administration buildings, in service training areas, sallyports, hallways, housing units, visiting rooms, or yards, etc.
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A passive air scan search of any employee, employees of other government agencies, contract employees, contractors and their employees, or volunteers, or attorneys or legal organizations as identified in CCRCalifornia Code of Regulations, Title 15, Division 3, section 3141(c)(9) authorized to practice law in California, another state, or the District of Columbia may also be initiated based upon reasonable suspicion.
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Positive Canine Alert
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If the canine alerts during the air scan search of an employee, employees of other government agencies, contract employees, contractors and their employees, or volunteers, or attorneys or legal organizations as identified in CCRCalifornia Code of Regulations, Title 15, Division 3, section 3141(c)(9) authorized to practice law in California, another state, or the District of Columbia, supervisory staff shall be notified immediately. The employee, employees of other government agencies, contract employees, contractors and their employees, or volunteers, or attorneys or legal organizations as identified in CCRCalifornia Code of Regulations, Title 15, Division 3, section 3141(c)(9) authorized to practice law in California, another state, or the District of Columbia will be subject to a patdown search by same gender supervisory staff in a private setting. Any item being brought into the facility by that employee, employees of other government agencies, contract employees, contractors and their employees, or volunteers, or attorneys or legal organizations as identified in CCRCalifornia Code of Regulations, Title 15, Division 3, section 3141(c)(9) authorized to practice law in California, another state, or the District of Columbia will be subject to a thorough search. If no contraband is discovered, the individual shall be allowed to enter the institution.
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The Office of Internal Affairs (OIAOffice of Internal Affairs) Regional Special Agent in Charge or OIAOffice of Internal Affairs Administrator Officer of the Day shall be contacted for consideration of an exigent investigation prior to the search of any departmental employee, employees of other government agencies, contract employee, contractor and their employee, or volunteer, or attorney or legal organization as identified in CCRCalifornia Code of Regulations, Title 15, Division 3, section 3141(c)(9) authorized to practice law in California, another state, or the District of Columbia when there is a reasonable suspicion that the employee, employees of other government agencies, contract employee, contractor and/or their employee, and volunteer, and attorney or legal organization as identified in CCRCalifornia Code of Regulations, Title 15, Division 3, section 3141(c)(9) authorized to practice law in California, another state, or the District of Columbia is or will be in possession of illegal drugs or contraband and when the employee, employees of other government agencies, contract employee, contractor and their employee, or volunteer, or attorney or legal organization as identified in CCRCalifornia Code of Regulations, Title 15, Division 3, section 3141(c)(9) authorized to practice law in California, another state, or the District of Columbia is individually selected. This shall not apply to random, gate or area searches. In the event there are exigent circumstances where the need to act is immediate, OIAOffice of Internal Affairs shall be notified as soon as possible thereafter.
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An employee, employees of other government agencies, contract employee, contractor and their employees, or volunteers, or attorneys or legal organizations as identified in CCRCalifornia Code of Regulations, Title 15, Division 3, section 3141(c)(9) authorized to practice law in California, another state, or the District of Columbia found in possession of drugs and/or cell phones shall be referred to the institution’s ISUInstitution Services Unit for possible arrest.
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Employees of other government agencies, contract employees, contractors and their employees, and volunteers can refuse to submit to the search; however, refusal shall result in the denial of entry and may lead to exclusion from all CDCRCalifornia Department of Corrections and Rehabilitation institutions. Attorneys or legal organizations as identified in CCRCalifornia Code of Regulations, Title 15, Division 3, section 3141(c)(9) authorized to practice law in California, another state, or the District of Columbia can refuse to submit to the search; however, refusal shall result in the denial of a contact visit, but a non-contact visit may be authorized if available on the same day. Alternatively, the appointment shall be rescheduled for another day. Departmental employees do not have the right to refuse the search.
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Outside Law Enforcement Agencies shall not be involved in the search process.
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Arrests/Citations/District Attorney Referral.
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Persons who are searched and found in possession of drugs or contraband are subject to arrest. If an arrest is initiated, those arrested, along with the drugs or contraband discovered shall be turned over to the institution’s ISUInstitution Services Unit.
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Once the pre-booking process has been completed by CDCRCalifornia Department of Corrections and Rehabilitation staff, the arrestee(s) shall be transported by CDCRCalifornia Department of Corrections and Rehabilitation personnel or by the local police/sheriff’s department to a designated detention facility. Arrestee(s) shall not be held at the pre-booking area beyond a reasonable amount of time necessary to complete the process.
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If any employee, employee of other government agencies, contract employee, contractor and/or their employee, or volunteer, or attorney or legal organization as identified in CCRCalifornia Code of Regulations, Title 15, Division 3, section 3141(c)(9) authorized to practice law in California, another state, or the District of Columbia is found in possession of drugs or contraband, the ISUInstitution Services Unit Lieutenant/Search Commander shall make any decision to arrest, issue a citation, or refer the matter to the District Attorney’s office for prosecution.
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In all cases where an employee, employee of other government agencies, contract employee, contractor and/or their employee, or volunteer, or attorney or legal organization as identified in CCRCalifornia Code of Regulations, Title 15, Division 3, section 3141(c)(9) authorized to practice law in California, another state, or the District of Columbia is arrested and/or issued a citation for committing a criminal act while on institution grounds, a copy of CDCRCalifornia Department of Corrections and Rehabilitation 837-A (Rev. 07/05), Crime/Incident Report, Part A-Cover Sheet, which is incorporated by reference, arrest reports, and staff reports documenting the arrest shall be forwarded to the local District Attorney’s office in accordance with existing departmental regulations in CCRCalifornia Code of Regulations, Title 15, Division 3, sections 3176.2 and 3316(a).
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Seated Passive Canine Air Scan Searches of Employees, Employees of other Government Agencies, Contract Employees, Contractors and their Employees, and Volunteers
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Seated passive canine air scan searches of employees, employees of other government agencies, contract employees, contractors and their employees, and volunteers shall be conducted in a room big enough to allow the canine team to work around the person without running into furniture or other objects. All ventilation systems should be turned off and all windows closed. This will reduce the amount of airflow in the room allowing a better search of the employees, employees of other government agencies, contract employees, contractors and their employees, and volunteers. The employees, employees of other government agencies, contract employees, contractors and their employees, and volunteers shall sit in a metal or plastic chair. The chair should have an opening in the back and on the sides and shall be free of any armrests. The employees, employees of other government agencies, contract employees, contractors and their employees, and volunteers shall sit straight up in the chair, knees at a 90 degree angle, knees and ankles together with their hands on their knees palms down. Once the employees, employees of other government agencies, contract employees, contractors and their employees, and volunteers is seated in the chair, the canine handler will bring the canine approximately a foot away from the person and give the canine the command “find it.” The canine handler will direct the canine to search the person in the following order: left ankle, left knee, left hip, lower back, right hip, right knee, right ankle, feet, left armpit, upper back, right armpit and across the hands (making two rotations around the person).
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52050.27.2 Canine Visitor Vehicles Searches [Reserved]
52050.27.3 Tracking Escaped Inmates
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When it is determined that the canine unit is necessary for tracking escaped inmates, approval of the Warden or designee shall be obtained prior to requesting their services. Only canines specifically trained for tracking escapees may be utilized.
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The area where the escapee was last observed shall be secured and kept from any type of contamination (movement in that area, additional searching of the area, etc.) until the arrival of the canine unit.
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Upon establishing the track, the tracking team shall require the assistance of a minimum of two staff members. These staff members, in addition to weapons, shall be equipped with radios and restraint equipment.
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52050.28 Electronic Drug Detection Equipment
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The Department of Corrections and Rehabilitation has established a comprehensive drug and contraband interdiction program by implementing various drug and contraband interdiction strategies to prevent them from entering institutions. Among these strategies is the use of Electronic Drug Detection Equipment (EDDE) such as ION mobility spectrometry technology (ION Scanners), which are non-invasive devices that simultaneously test for a wide range of narcotics in seconds, detecting their presence on hands, articles of clothing, mail, and other objects.
52050.28.1 Drug Testing Coordinator
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Each institution shall designate a Drug Testing Coordinator (DTCDrug Testing Coordinator) at the rank of sergeant or above. The primary duties and responsibilities of the DTCDrug Testing Coordinator are:
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Ensuring the institution designates an Electronic Drug Detection Equipment Administrator (EDDEA) to provide technical assistance and ongoing training.
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Ensuring all Electronic Drug Detection Equipment Operators (EDDEO) are properly trained.
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Ensuring the institution maintains a sufficient stock of consumables.
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Ensuring safety of installation and maintenance of EDDE.
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Reviewing all drug testing logs for accuracy and completeness, and ensuring their submission to the Enhanced Drug and Contraband Unit (General Population Males Mission) by the 5th of each month.
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52050.28.2 Electronic Drug Detection Equipment Repair Technician
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The DTCDrug Testing Coordinator shall ensure that an Electronic Drug Detection Equipment Repair Technician (EDDERT) is available to each institution to provide technical assistance via designated vendor contract. The EDDERT shall:
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Perform preventative maintenance as required by the equipment manufacturer.
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Troubleshoot the EDDE as needed.
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Ensure safe installation and maintenance of EDDE.
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Provide training on the basic operation of the EDDE.
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Remove and replace (field-replaceable) parts.
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Conduct system test & alignment.
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Conduct diagnostics and tests for the EDDE.
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Calibrate and adjust the EDDE.
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52050.28.3 Electronic Drug Detection Equipment Administrator
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The Electronic Drug Detection Equipment Administrator (EDDEA) shall provide the following:
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Troubleshoot the EDDE as needed.
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Ensure safe installation and maintenance of EDDE.
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Ensure all EDDEO are properly trained.
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Remove and replace (field-replaceable) parts.
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Perform system start up maintenance procedures.
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Calibrate and adjust the EDDE.
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52050.28.4 Electronic Drug Detection Equipment Operators
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The Electronic Drug Detection Equipment Operators (EDDEO) shall:
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Maintain all equipment received.
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Report any deficiencies and failures to the DTCDrug Testing Coordinator.
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Maintain all logs as required by this procedures manual.
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Conduct daily, weekly, and monthly maintenance of the equipment by using the Electronic Drug Detection Equipment Shift Maintenance log prior to each shift.
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Perform the start-up procedures and ensure verification of the operation of the system as set forth in the EDDE manufacturer’s instructions prior to each shift.
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Ensure no person tampers with the equipment.
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Ensure scans of inmates are conducted in accordance with departmental policy. Operators conducting scans should swipe areas that the scan subjects would frequently touch with their hands (i.e., the front and back of their hands, front pockets, belt buckles, watch bands, shirt buttons, hair ornaments, and shoelaces). Operators shall not swipe a subject’s buttock, groin, or breast areas.
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52050.28.5 Searches
Revised October 13, 2015-
EDDE may be used to search inmates, visitors, staff, employees of other government agencies, contract employees, contractors and their employees, volunteers, packages, mail, vehicles, Department property, and personal property brought onto institution grounds. Equipment shall be used in accordance with the manufacturer’s instructions to avoid contamination of equipment operators and equipment.
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EDDE scans of inmates, visitors, staff, employees of other government agencies, contract employees, contractors and their employees, and volunteers shall be conducted in a systematic and routine manner. EDDE swabs may be wiped along the following areas prior to scanning, e.g., hands and fingers and commonly touched or held articles such as pocket exteriors or openings, shoelaces, eyeglass handles, belt buckles, watch bands, bracelets, etc. At no time shall a swab be used on breast or groin areas. The swab will then be scanned by the EDDE.
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Searches of Inmates
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If the presence of contraband is detected and confirmed, inmates shall be subject to an unclothed body search and ordered to submit to a urinalysis. Inmates require only one positive scan to be considered positive due to the reasonable unlikelihood of being inadvertently contaminated with drug residue from a secondary source. All inmate scanning results shall be documented on the EDDE ION Scanner Results Log – Inmates Scanned log.
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Searches of Packages, Mail
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If the presence of contraband is detected and confirmed by the EDDE in packages or mail, the item(s) is to be confiscated and turned over to the ISUInstitution Services Unit for investigation and disposition in accordance with Chapter 5, Article 41, Inmate Mail.
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All packages and mail testing shall be documented on the EDDE ION Scanner Results Log – Mail and Package log.
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Searches of Inmate Visitors
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All inmate visitor testing results shall be documented on the ION Scanner Results Log – (Visitors).
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Visiting staff shall inform visitors they can refuse the enhanced inspection by the EDDE. Staff shall inform the visitor of further potential search and visitation options upon a positive alert or based upon the number of refusals occurring within a twelve month period as outlined in policy.
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If during the first scan of the EDDE, the scan result is negative, the visitor shall continue with processing into the visiting area.
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If the presence of contraband is detected on the first scan, the visitor shall be given the option of washing his/her hands with soap and water and a second scan shall be performed in the same manner as the first scan. If a visitor passes the second scan, they shall be permitted to have a regular visit and the scan shall not be recorded as a positive result. If the second scan is positive, the visitor shall be informed that he/she will be required to submit to a clothed body search as a condition of a non-contact visit, if space is available. Subsequently, if the clothed body search is negative for contraband, the visitor shall continue with processing into the non-contact visiting area. However, if the clothed body search results in the discovery of contraband, the visitor shall be denied entrance to the facility/institution and may be subject to arrest and referral for criminal prosecution. If the visitor refuses to consent to a clothed body search, visiting shall be denied for the day.
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All positive alerts (second EDDE scans/passive air scans), refusals to submit to clothed body searches after a positive alert, and/or refusals to participate in the drug interdiction process shall be recorded on the SOMSStrategic Offender Management visiting record. Upon the visitor’s next attempt to enter a CDCRCalifornia Department of Corrections and Rehabilitation institution, he/she shall be informed that he/she shall be subject to the following:
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First offense: A visitor who refuses to participate in a drug interdiction process may request a non-contact visit if space is available. The visitor shall be required to submit to a clothed body search as a condition of a non-contact visit. If the results of the search are negative for contraband, the visitor shall continue with processing for a non-contact visit. If the visitor refuses to consent to a clothed body search, visiting shall be denied for that day. A visitor, who refuses to submit to a clothed body search after a positive EDDE/passive air scan alert for the first time in a twelve (12) month period, shall be denied a visit for that day.
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Upon the visitor’s next attempt to visit within a twelve (12) month period, the visitor shall not have the option of being randomly selected to participate in the drug interdiction process. The visitor shall participate in the drug interdiction process occurring on that day. If the visitor refuses to comply with this directive, visiting shall be denied for that day. If the institution is not conducting a drug interdiction process, the visitor will be allowed a contact visit consistent with departmental policies.
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Second offense: A visitor who refuses to participate in a drug interdiction process or submit to a clothed body search after a positive EDDE/passive air scan alert for the second time in a twelve (12) month period shall be denied a visit for that day. The institution head or designee may issue an order to suspend the visitor from the institution within his/her jurisdiction for up to thirty (30) days, pursuant to CCRCalifornia Code of Regulations, Title 15, Sections 3176.1, 3176.2 and 3176.3. Upon the visitor’s next attempt to visit within a twelve (12) month period, the visitor shall not have the option of being randomly selected to participate in the drug interdiction process. The visitor shall participate in the drug interdiction process occurring on that day. If the visitor refuses to comply with this directive, visiting shall be denied for that day. If the institution is not conducting a drug interdiction process, the visitor will be allowed a contact visit consistent with departmental policies.
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Third offense: A visitor who refuses to participate in a drug interdiction process or submit to a clothed body search after a positive EDDE/passive air scan alert for the third time in a twelve (12) month period shall be denied a visit for that day. The institution head or designee may issue an order to suspend the visitor from the institution within his/her jurisdiction for up to twelve (12) months, pursuant to CCRCalifornia Code of Regulations, Title 15, Sections 3176.1, 3176.2 and 3176.3. Upon the visitor’s next attempt to visit within a twelve (12) month period, the visitor shall not have the option of being randomly selected to participate in the drug interdiction process. The visitor shall participate in the drug interdiction process occurring on that day. If the visitor refuses to comply with this directive, visiting shall be denied for that day. If the institution is not conducting a drug interdiction process, the visitor will be allowed a contact visit consistent with departmental policies.
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Fourth offense: A visitor who refuses to participate in a drug interdiction process or submit to a clothed body search after a positive EDDE/passive air scan alert for the fourth time in a twelve (12) month period shall be denied a visit for that day. The institution head or designee may issue an order to suspend the visitor from the institution within his/her jurisdiction for up to twelve (12) months and refer the case to the director or designee for review of permanent exclusion of a person from any or all institutions/facilities, pursuant to CCRCalifornia Code of Regulations, Title 15, Sections 3176.1, 3176.2 and 3176.3.
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When conducting scans of inmate visitors there will be occasions when legitimate circumstances exist that may result in a positive EDDE scan. Should the person being scanned claim the EDDE alarm is due to one or several prescribed medications, that person must present a letter of verification signed by a licensed physician, licensed physician’s assistant, or certified nurse practitioner confirming the medications prescribed are the cause of the EDDE alarm before they will be permitted a contact visit. The visitor shall be informed that he/she will be required to submit to a clothed body search in accordance with Section 54020.13.2, as a condition of visiting. Any item(s) brought into the facility/institution by that visitor shall be subject to a thorough search. If no contraband is discovered, the visit shall proceed. If the document is not readily available, the individual shall be informed that he/she shall be required to submit to a clothed body search as a condition for non-contact visiting, if space is available. If no contraband is discovered, the visitor shall be permitted to have a
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Denial of entrance into the facility/institution or the approval of a non-contact visit shall be in accordance with Chapter 5, Article 42.
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Inmate visitors, who appear to be under the influence of alcohol, drugs, or any other substance, to the extent that his or her presence in the facility/institution would pose a threat to his or her safety or the safety of others, or to the security of the facility/institution shall be denied entrance to the facility/institution.
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Inmate visitors found in possession of controlled substances are subject to arrest and referral for criminal prosecution pursuant to this Article.
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Any controlled substance(s) and or contraband confiscated shall be handled as evidence and in accordance with Chapter 5, Article 20.
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Upon request, a visitor may be given a copy of the EDDE printout of all positive scans for that visitor.
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The Office of Internal Affairs (OIAOffice of Internal Affairs) Criminal Team Supervisor or Administrative Officer of the Day (AODAdministrative Officer of the Day), shall be immediately contacted for consideration of an exigent investigation upon the discovery of illegal drugs or other criminal contraband in the possession or control of a visitor when there is reasonable suspicion that a departmental employee, employee of another government agency, contract employee, contractor and their employee, or volunteer is involved with the visitor.
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The arrest of a visitor shall not be made without consultation with OIAOffice of Internal Affairs when there is reasonable suspicion that a departmental employee, employee of another government agency, contract employee, contractor or their employee, or volunteer is involved with the visitor. The OIAOffice of Internal Affairs Regional Criminal Team Supervisor will assess the case factors and other investigative strategies prior to approval. In the event there are exigent circumstances where the need to act is immediate, OIAOffice of Internal Affairs shall be notified as soon as possible thereafter.
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When an arrest is made by ISUInstitution Services Unit, in accordance with CCRCalifornia Code of Regulations, Title 15, Sections 3176.2 and 3316(a), the CDCRCalifornia Department of Corrections and Rehabilitation 837 form series, Crime/Incident Report; arrest reports; and staff reports documenting the arrest shall be forwarded to the local District Attorney’s office by ISUInstitution Services Unit.
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Employees, Contractors, and Volunteers
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Department employees do not have the right to refuse to be searched. Employees of other government agencies, contract employees, contractors and their employees, and volunteers can refuse to submit to search; however, refusal shall result in the denial of entry and may result in suspension from that CDCRCalifornia Department of Corrections and Rehabilitation institution for one year. Employees of other government agencies, contract employees, contractors and their employees, and volunteers can appeal the suspension to the institution head. A written response shall be provided within 15 working days from receipt of the appeal. If dissatisfied with the institution’s response or action, the appellant may refer the appeal, with a copy of the institution’s decision, to the director or designee who shall provide a response within 20 working days from the date of receipt. Employees, employees of other government agencies, contract employees, contractors and their employees, and volunteers shall be randomly selected for scanning with the EDDE. All scanning of individuals shall be conducted in a manner that affords privacy. When employees, employees of other government agencies, contract employees, contractors and their employees, and volunteers are scanned, the operator shall ensure that the audio alarm is deactivated and that a printout of all positive scans for the staff member, employee of another government agency, contract employee, contractor or their employee, or volunteer accompanies all written logs.
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If during the first scan of the EDDE, the scan result is negative, the individual will continue with processing into the institution.
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If the presence of contraband is detected on the first scan, the individual shall be given the option of washing their hands with soap and water and a second scan shall be performed in the same manner as the first scan. If the second scan is positive, and the presence of contraband is detected by the EDDE, supervisory staff shall be notified immediately. The individual shall be informed that he/she will be required to submit to a pat down search by same gender supervisory staff in a private setting as a condition to enter the facility/institution. Any item(s) brought into the facility/institution by that individual shall be subject to a thorough search. If no contraband is discovered, the individual shall be allowed to enter the facility/institution.
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The OIAOffice of Internal Affairs Criminal Team Supervisor or AODAdministrative Officer of the Day shall be immediately contacted for consideration of an exigent investigation upon the discovery of illegal drugs or other criminal contraband in the possession or control of an individual.
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The OIAOffice of Internal Affairs Regional Criminal Team Supervisor shall be contacted for consideration of an exigent investigation prior to the search of any departmental employee, employee of another government agency, contract employee, contractor and their employee, or volunteer when there is reasonable suspicion that the employee, employee of another government agency, contract employee, contractor and their employee, or volunteer is or will be in possession of illegal drugs or contraband. In the event there are exigent circumstances where the need to act is immediate, OIAOffice of Internal Affairs shall be notified as soon as possible thereafter.
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All employees, employees of other government agencies, contract employees, contractors and their employees, and volunteers testing shall be documented on the ION Scanner ResultsLog – (Staff).
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An EDDE scan of an individual may be initiated consistent with established reasonable suspicion protocols.
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Employees, employees of other government agencies, contract employees, contractors and their employees, and volunteers who appear to be under the influence of alcohol, drugs, or any other substance, to the extent that his or her presence in the facility/institution would pose a threat to his or her safety or the safety of others, or the security of the facility/institution shall be denied entrance to the facility/instituion.
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Individuals who are searched and found to be in possession of illegal drugs or contraband are subject to arrest and referral for criminal prosecution pursuant to this Article.
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If an arrest is initiated, those arrested, along with the drugs or contraband discovered, shall be turned over to ISUInstitution Services Unit pending further direction from OIAOffice of Internal Affairs.
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Once the pre-booking process has been completed by CDCRCalifornia Department of Corrections and Rehabilitation staff, the arrestee(s) shall be transported by CDCRCalifornia Department of Corrections and Rehabilitation personnel or by local police/sheriff’s department to a designated detention facility. Arrestee(s) shall not be held at the pre-booking area beyond a reasonable amount of time necessary to complete the process.
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In all cases where an individual is arrested for committing a criminal act while on institutional grounds in accordance with CCRCalifornia Code of Regulations, Title 15, Section 3316(a) and DOMDepartment Operations Manual Section 31140.20, a copy of the CDCRCalifornia Department of Corrections and Rehabilitation 837 form series, Crime/Incident Report; arrest reports; and staff reports documenting the arrest shall be forwarded to the OIAOffice of Internal Affairs regional office and to the OIAOffice of Internal Affairs Classifications Intelligence Unit along with the CDCRCalifornia Department of Corrections and Rehabilitation Form 989 (Part A) Confidential Request for Internal Affairs Investigation / Notification of Direct Adverse Action, and other supporting documents. A criminal investigative report and complaint shall be filed with the local District Attorney’s Office by OIAOffice of Internal Affairs.
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Searches of employees, employees of other government agencies, contract employees, contractors and their employees, and volunteers shall be conducted in accordance with Section 52050.15.
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52050.28.6 Training
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All EDDEO training shall be in accordance with the manufacturer’s/vendor’s guidelines. The manufacturer shall conduct the initial training for all members. Any required follow-up training or new operator training shall be conducted at designated facilities by approved staff. The DTCDrug Testing Coordinator shall be responsible for monitoring all training to ensure compliance with policy and uniformity of training methods.
52050.29 Revisions
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The Director, Division of Adult Institutions, or designee shall ensure that the content of this Article is current and accurate.
52050.30 References
Revised November 11, 2016-
PCPenal Code §§ 27, 600, 830 – 849.5, 859.5, 4030, 4573, 4573.6, 4573.9, 4574, 4576, 5004.7, 5054, 5058, 6402 and 11115.
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CCRCalifornia Code of Regulations (15) §§ 3005, 3171, 3172, 3172.1, 3173, 3173.2, 3176, 3176.1, 3176.2, 3176.3, 3176.4, 3177, 3178, 3179, 3270, 3287, 3288, 3289, 3290 and 3292.
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GCGovernment Code § 3300 et al., Public Safety Officers Procedural Bill of Rights Act.
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ACAAmerican Correctional Association Standards 4-4192 through 4-4194 and 4-4208.
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Estes v. Rowland (1993) 14 Cal. App. 4th 508.
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Coleman v. Brown (E.D. Cal. 2014) No. CIV. S-90-520 LKK DAD PCPenal Code, Order issued August 11, 2014.
Revision History
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(1) Revised: August 13, 1992.
(2) Section 52051.6 revised: February 2, 2011.
(3) Revised: September 15, 2025.