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DEPARTMENT OF CORRECTIONS

 

DIVISION 41

SEARCHES -- INSTITUTIONS

291-041-0005

Authority, Purpose, and Policy

(1) Authority: The authority for this rule is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 423.020, 423.030, and 423.075.

(2) Purpose: To ensure safety and security of the Department of Corrections facilities.

(3) Policy: In order to maintain proper control over persons under its supervision and to ensure the safety and security of its facilities, it is the policy of the Department of Corrections, that any person employed by or volunteering with the department or Oregon Corrections Enterprises, or any person visiting or living in a Department of Corrections facility may be subject to search at any time in accordance with the procedures outlined in this rule.

Stat. Auth: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Stats. Implemented: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Hist.: CD 42-1978, f. 12-19-78, ef. 12-20-78; CD 24-1980, f. & ef. 7-3-80; CD 10-1981(Temp), f. & ef. 5-5-81; CD 42-1981, f. & ef. 10-30-81; CD 36-1983(Temp), f. & ef. 10-14-83; CD 11-1984, f. & ef. 4-11-84; CD 46-1985, f. & ef. 8-16-85; CD 12-1989, f. & cert. ef. 6-30-89; CD 4-1991, f. & cert. ef. 1-22-91; DOC 25-1999(Temp), f. & cert. ef. 12-22-99 thru 6-19-99; DOC 13-2000, f. & cert. ef. 6-19-00

291-041-0010

Definitions

(1) Authorized Legal Material: Pleadings (i.e., complaint, petition or answer), legal motions and memoranda, affidavits, court orders and judgments, correspondence, and other necessary documents (including discovery and exhibits), in or directly pertaining to an inmate's own pending and active case(s), lawsuit(s) before the courts or paroling authorities.

(2) Confiscation: To take control of or possession of after the search.

(3) Contraband: Any article or thing which an inmate is prohibited by statue, rule or order from obtaining, possessing, or which the inmate is not specifically authorized to obtain or possess or which the inmate alters without authorization.

(4) Department of Corrections (DOC) Employee: Any person employed full-time, part-time, or under temporary appointment by the Department of Corrections; any person under contractual arrangement to provide services to the department; any person employed by private or public sector agencies who is serving under department-sanctioned special assignment to provide services or support to department programs.

(5) Emergency: Any condition or situation where life, health, or safety may be threatened or where time frame considerations necessitate an immediate response or remedial action.

(6) Functional Unit: Any organizational component within the Department of Corrections responsible for the delivery of services or coordination of programs.

(7) Functional Unit Manager: Any person within the Department of Corrections who reports to either the Director, an Assistant Director, or administrator and has responsibility for delivery of program services or coordination of program operations.

(8) Inmate: Any person under the supervision of the Department of Corrections who is not on parole, post-prison supervision, or probation status.

(9) Inspection Device: Any device (i.e., metal detector, fluoroscope, etc.) which is used to detect contraband in the form of metal or other foreign objects.

(10) Non-Intrusive Sensors: Electronic or mechanical devices which do not physically intrude nor permeate human body orifices, manufactured for the purpose of detecting materials or various types which may be considered contraband, i.e., narcotics, narcotic paraphernalia, weapons. (Examples: metal detectors, heartbeat monitor equipment to detect the presence of persons.)

(11) Officer-in-Charge: That person designated by the functional unit manager to supervise the institution and make operational decisions in accordance with policy, rule, or procedure during periods when the functional unit manager or the officer-of-the-day is not readily available.

(12) Officer-of-the-Day: That person designated by the functional unit manager and approved by the Assistant Director for Operations or the Institutions Administrator to act on behalf of the functional unit manager during non-business hours and other periods in which the functional unit manager may be absent.

(13) Oregon Corrections Enterprises: A semi-independent state agency that is a non-Department of Corrections agency or division, which is under the authority of the Director of the Department of Corrections. For purposes of this rule only, Oregon Corrections Enterprises shall not be considered an external organization.

(14) Oregon Corrections Enterprises (OCE) Employee: Any person employed full-time, part-time, or under temporary appointment by the Oregon Corrections Enterprises. For the purposes of this rule only, employee shall also include any person under contractual arrangement to provide services to the agency; any person employed by private or public sector agencies who is serving under agency-sanctioned special assignment to provide services or support to agency programs.

(15) Other Agency Liaison: Employees from other state and local agencies that have an ongoing business need serving inmates and employees of the department. These employees include, but are not limited to, county parole and probation officers, local law enforcement, and state police.

(16) Reasonable Suspicion: An apparent state of objective facts and rational inferences drawn there from that would permit a reasonable and experienced correctional staff person to conclude that an individual or set of circumstances poses a threat to the safety, security, health and good order of the facility, or the safety and security of inmates, staff, visitors, volunteers, contractors or the community, including, but not limited to, committing a crime or rule violation or conspiring or attempting the same.

(17) Search: A close inspection, including touching in an impartial manner, of a person, a person's cell or other living unit, vehicle, possessions, or other property, or buildings or premises. For purposes of entering a correctional institution, searches often require the removal and separate inspection of shoes, belts, jackets, and other accessories during processing. Types of searches include the following:

(a) Consent: Inspections of a person or their property conducted with prior permission of the person being searched or of a person who own or has in his/her possession that property which is searched.

(b) Frisk: To search a person for something by running the hands over the clothed person, through the hair, inspecting pockets and cuffs, and other items in his/her possession.

(c) Skin: A search procedure wherein the person being searched removes all of his/her clothing and is visually examined and clothing removed is carefully inspected before return and redressing, for the purpose of detecting contraband.

(d) Internal: Digital intrusion of body orifices and interiors of rectum or vagina in search for contraband. Also used to describe more than sight inspection of nostrils, ears, and mouth.

(18) Security Inspection: A distinction is made between search and security inspection. The later is accomplished by means of an inspection device (i.e., metal detector), without the element of a personal contact search, although accompanying property will be subject to a visual or hand examination.

(19) Special Housing: Housing for inmates whose assignment is Administrative Segregation Unit, Disciplinary Segregation Unit, Special Management Unit, Intensive Management Unit, and Death Row.

(20) Visitor: Any person, not a DOC or OCE employee, volunteer or other agency liaison who is within the boundaries of Department of Corrections facility property.

(21) Volunteer: An approved person who donates time, knowledge, skills, and effort to enhance the mission, activities, and programs of the department.

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075
Hist.: CD 42-1978, f. 12-19-78, ef. 12-20-78; CD 3-1980(Temp), f. & ef. 3-5-80; CD 24-1980, f. & ef. 7-3-80; CD 10-1981(Temp), f. & ef. 5-5-81; CD 42-1981, f. & ef. 10-30-81; CD 52-1981(Temp), f. & ef. 11-20-81; CD 6-1982, f. & ef. 1-29-82; CD 36-1983(Temp), f. & ef. 10-14-83; CD 11-1984, f. & ef. 4-11-84; CD 46-1985, f. & ef. 8-16-85; CD 12-1989, f. & cert. ef. 6-30-89; CD 4-1991, f. & cert. ef. 1-22-91; DOC 25-1999(Temp), f. & cert. ef. 12-22-99 thru 6-19-99; DOC 13-2000, f. & cert. ef. 6-19-00; DOC 2-2008, f. 2-1-08, cert. ef. 2-4-08

Procedures

291-041-0015

General Guidelines

(1) All inmates, DOC and OCE employees, volunteers and visitors confined, working or visiting in a Department of Corrections facility will be subject to search of their persons, cells or other living units, work areas, vehicles, possessions, and other property in accordance with the procedures provided in this rule.

(a) In addition, all such persons will be subject to security inspection by means of a security device such as a metal detector, if such exists.

(b) Accompanying property brought into, or taken out of a Department of Corrections facility by a visitor or a DOC or OCE employee may also be subject to visual or hand examination by staff members assigned to such duty by the functional unit manager or designee, or the Department of Corrections Inspector General or designee.

(c) Drug detection dogs may be used to assist authorized Department of Corrections personnel to detect and control contraband within Department of Corrections facilities and property.

(2) Vehicular Traffic: Careful inspection of all vehicular traffic and supplies coming into or leaving the institution will be conducted. Use of detectors at compound gates and entrances to the facility may be used to facilitate searches of all persons, packages, brief cases, etc.

(3) Vehicles brought onto Department of Corrections premises are subject to search.

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075
Hist.: CD 42-1978, f. 12-19-78, ef. 12-20-78; CD 24-1980, f. & ef. 7-3-80; CD 42-1981, f. & ef. 10-30-81; CD 46-1985, f. & ef. 8-16-85; CD 12-1989, f. & cert. ef. 6-30-89; CD 4-1991, f. & cert. ef. 1-22-91; DOC 25-1999(Temp), f. & cert. ef. 12-22-99 thru 6-19-99; DOC 13-2000, f. & cert. ef. 6-19-00; DOC 2-2008, f. 2-1-08, cert. ef. 2-4-08

291-041-0016

Religious Activity Areas and Religious Items

(1) In accordance with these rules and the rules on Religious Activities (OAR 291-143), searches of inmate religious activity areas and religious or spiritual items (including hair and garments worn) shall be conducted in a manner that reflects an awareness of and sensitivity to individual religious beliefs, practices, and respect for the objects or symbols (including hairstyle) used in the religious practice.

(2) Staff shall follow the DOC policies on Searches of Dreadlocks (90.2.1) and Searches of Medicine Bags (90.2.2) and any other policies that are relevant when conducting such searches.

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075
Hist.: CD 1-1996, f. 1-26-96, cert. ef. 2-1-96; DOC 2-2008, f. 2-1-08, cert. ef. 2-4-08

291-041-0017

Inmate Legal Storage Boxes

(1) Storage boxes for inmate legal materials, whether provided by the department or purchased by the inmate, may be inspected by staff at any time for the presence of non-legal materials.

(2) Any material found that fits the definition of contraband will be confiscated, except for material that might also fit the definition of authorized legal material. (Refer to Definitions, OAR 291-041-0010) Staff should not read, copy, or retain any material that might be construed as being authorized legal material (i.e. papers, folders, letters, etc.).

(3) If the inspecting staff member has reason to believe the box contains materials not authorized by the DOC rule on Property (Inmate), OAR 291-117, as authorized legal material, the staff member will seal the box and securely store it.

(a) As soon as possible, a designated staff member will review the contents of the box with the inmate to make a determination about whether or not the materials in question fit the definition of authorized legal materials.

(b) Unless a disciplinary report is issued, any material confiscated will be placed in a sealed envelope, initialed and addressed by the inmate, and sent out of the institution at the inmate's expense to a person of their choosing.

(c) If a disciplinary report is issued, the material will be placed in a sealed envelope, initialed by the inmate, and placed in evidence pending the result of the disciplinary hearing.

Stat. Auth.: ORS 179.040, 423.020, 423.030 and 423.075
Stats. Implemented: ORS 179.040, 423.020, 423.030 and 423.075
Hist.: DOC 2-2008, f. 2-1-08, cert. ef. 2-4-08

291-041-0018

Training

The department shall train staff assigned to supervise inmates in how to conduct cross-gender pat-down searches, and searches of transgender and intersex inmates, in a professional and respectful manner, and in the least intrusive manner possible, consistent with security needs.

Stat. Auth.: ORS 179.040, 423.020, 423.030, 423.075
Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075
Hist.: DOC 15-2013(Temp), f. & cert. ef. 12-13-13 thru 6-11-14; DOC 5-2014(Temp), f. & cert. ef. 1-17-14 thru 7-16-14; DOC 9-2014, f. & cert. ef. 3-4-14

291-041-0020

Inmates

(1) Search of inmates, living units, work areas, other places they inhabit or frequent, and their property will be conducted regularly on an unannounced and unscheduled basis.

(2) An inspection of each cell, room or dormitory area will occur prior to occupancy by a new inmate.

(3) In conducting searches of an inmate's living unit, place of work, or other places frequented or inhabited, the employee conducting the search will be expected to leave the search area in an orderly and neat condition. Care will be exercised to ensure that authorized property is not damaged or disposed of.

(4) Inmates may be subject to search at any time; but no more frequently than is necessary to control contraband or to recover stolen or missing property. However, all inmates will be subject to a search on each occasion before and after they leave a Department of Corrections facility, and on each occasion before and after visits, entering or exiting special housing units and before or after contact with persons outside the facility.

(5) The type of search administered will avoid unnecessary force, embarrassment, or indignity to the inmate. Non-intrusive sensors and inspection devices may be used when appropriate.

(6) Frisk Searches: Inmates may be searched only by authorized Department of Corrections personnel or a sworn police officer in the performance of his/her official duty. Cross-gender frisk searches of female inmates will not occur unless there is an emergency, and shall be documented.

(7) Skin Searches: Skin searches conducted by DOC staff will be of the same gender as the inmate, unless there is an emergency. Except in emergencies, inmates undergoing skin searches will be removed to a private area for the search.

(a) The facility shall document all strip searches to include cross-gender and cross-gender visual body cavity searches.

(b) The facility shall not search or physically examine a transgender or intersex inmate for the sole purpose of determining the inmate’s genital status.

(c) If the inmate’s genital status is unknown, it may be determined during conversations with the inmate, by reviewing medical records, or, if necessary, by learning that information as part of a broader medical examination conducted in private by a medical practitioner.

(8) Visual inspections for security reasons may be conducted by authorized personnel. All internal examinations must be conducted by medical personnel only upon authorization of the functional unit manager or the officer-of-the-day and only when there is reasonable suspicion as defined in OAR 291-041-0010(16) to justify the search. The inmate's written consent will not be required; however, an internal search will not be conducted if it could result in injury to the inmate or the personnel conducting the search.

(9) Hair:

(a) If staff need to conduct a hair search, it may be necessary to require the inmate to unbraid, loosen or cut the hair to complete the search.

(b) The inmate will be given an adequate amount of time to unbraid or loosen the hair.

(c) An inmate who refuses to unbraid or loosen the hair is subject to disciplinary action in accordance with the rule on Prohibited Inmate Conduct and Processing of Disciplinary Actions (OAR 291-105).

(d) If the inmate is unable to unbraid or loosen the hair so a search can be accomplished, staff shall conduct the search if possible in the least intrusive manner (e.g., hand wand, visual inspection, etc.). At no time shall staff cut an inmate’s hair to complete a search WITHOUT approval of the functional unit manager or officer-of-the-day.

(e) If an inmate’s hair creates a significant security or operational concern, a religious sincerity test may be conducted as outlined in DOC policy on Searching of Dreadlocks (90.2.1). Based on the results of the sincerity test, the functional unit manager or designee will determine what further action shall be taken.

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075
Hist.: CD 42-1978, f. 12-19-78, ef. 12-20-78; CD 3-1980(Temp), f. & ef. 3-5-80; CD 24-1980, f. & ef. 7-3-80; CD 42-1981, f. & ef. 10-30-81; CD 36-1983(Temp), f. & ef. 10-14-83; CD 11-1984, f. & ef. 4-11-84; CD 46-1985, f. & ef. 8-16-85; CD 12-1989, f. & cert. ef. 6-30-89; CD 4-1991, f. & cert. ef. 1-22-91; DOC 2-2008, f. 2-1-08, cert. ef. 2-4-08; DOC 15-2013(Temp), f. & cert. ef. 12-13-13 thru 6-11-14; DOC 5-2014(Temp), f. & cert. ef. 1-17-14 thru 7-16-14; DOC 9-2014, f. & cert. ef. 3-4-14

291-041-0030

Employees, Volunteers and Other Agency Liaison

(1) When to Search: Except as provided in rule OAR 291-041-0015, a DOC or OCE employee may be requested to submit to personal search of his/her person or vehicle or other possessions on Department property only when there is reasonable suspicion that the employee, volunteer or other agency liaison is in possession of unauthorized property or contraband and that the search and confiscation is necessary to substantiate the suspected violation.

(2) Who is Involved in the Search:

(a) Upon reasonable suspicion, a functional unit manager or his/her designee may request the security manager or officer-in-charge to conduct the search of a DOC or OCE employee, volunteer or other agency liaison, his/her vehicle, or other possessions. The employee, volunteer or other agency liaison shall be present during the search of his/her vehicle or other possessions.

(b) DOC or OCE employees, volunteers or other agency liaison will be afforded privacy during the search, which will be conducted in a professional manner so as to avoid any undue embarrassment or indignity to the individual.

(c) Refusal of a DOC or OCE employee to submit to a reasonable suspicion search may constitute grounds for disciplinary action.

(3) Searches conducted by DOC staff shall be the same gender as the employee, volunteer or other agency liaison.

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075
Hist.: CD 42-1978, f. 12-19-78, ef. 12-20-78; CD 24-1980, f. & ef. 7-3-80; CD 10-1981(Temp), f. & ef. 5-5-81; CD 42-1981, f. & ef. 10-30-81; CD 46-1985, f. & ef. 8-16-85; CD 12-1989, f. & cert. ef. 6-30-89; CD 4-1991, f. & cert. ef. 1-22-91; DOC 25-1999(Temp), f. & cert. ef. 12-22-99 thru 6-19-99; DOC 13-2000, f. & cert. ef. 6-19-00; DOC 2-2008, f. 2-1-08, cert. ef. 2-4-08

291-041-0035

Visitors

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

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

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

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

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

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

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

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

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

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075
Hist.: CD 42-1978, f. 12-19-78, ef. 12-20-78; CD 24-1980, f. & ef. 7-3-80; CD 46-1985, f. & ef. 8-16-85; CD 12-1989, f. & cert. ef. 6-30-89; CD 4-1991, f. & cert. ef. 1-22-91; DOC 2-2008, f. 2-1-08, cert. ef. 2-4-08

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