004.00.20 Ark. Code R. § 021 - AR 401 Searches for and Control and Contraband
The Board of Corrections is vested with the authority to promulgate Administrative Rules by Act 50 of 1968, Extraordinary Session, as amended; Acts 548 and 549 of 1993, Regular Session (Ark. Code Ann. § 16-93-1203 and 12-27-105 of 1993).
To provide the Departments of Correction (ADC) staff with information and guidelines regarding approved procedures for the suppression of contraband and to specify approved search methods.
To all employees and especially those employees involved in searches for the suppression of contraband.
The following are among the factors to be considered in determining reasonable suspicion:
It shall be the policy of the ADC to have procedures in place that detect and deter the introduction, manufacture, possession, and/or conveyance of contraband.
All contraband discovered during a search or otherwise is to be confiscated, recorded pursuant to the appropriate administrative directive and reported to a supervisory officer. The supervisory officer should investigate to determine exactly where the contraband came from and how it was introduced.
Searches shall include but not be limited to the following elements:
Procedures for offender searches shall include the following:
Pat searches may be conducted by an employee of either gender and may be performed in any area of the facility and during movements. Pat searches ordinarily do not require an offender to remove clothing other than hats and gloves.
Strip searches shall be conducted in a professional manner by staff the same gender as the offender. In cases of emergency (i.e., escape, riot, etc.), this provision may be waived.
The Warden/Center Supervisor may determine that a facility lockdown or partial lockdown is necessary to facilitate a search for contraband. A facility lockdown shall be premised on the presence of contraband, e.g., recent surfacing of contraband of a serious nature; potentially dangerous weapons; or a large quantity of drugs or cash which, in the estimation of the Warden/Center Supervisor constitutes a significant threat to the security of the facility and safety of offenders and staff.
The pat search is conducted while the employee is wearing clothes. All staff is subject to pat searches. Pat searches may be conducted at random. Pat searches may be conducted by an employee of either gender.
All staff is subject to strip searches. All strip searches may be conducted in an area separate and private from offenders and other staff if possible and in such a way as to ensure tact, privacy and a minimum of embarrassment. Strip searches will be conducted by staff of the same gender as the person being searched. The warden/center supervisor must have a reasonable suspicion that contraband may be introduced into the facility.
The pat search is conducted while the visitor is wearing clothes. The person conducting the search must be of the same gender as the person being searched.
All visitors shall be notified by a plainly visible sign that pat searches may be conducted. The search of a visitor shall only occur prior to or during the visitor's meeting with the offender. Entry to the facility will be denied if an individual is not willing to submit to a search.
Strip Searches will be conducted only if reasonable suspicion exists. Strip searches will be conducted by staff of the same gender as the person being searched. Strip searches of visitors will not be conducted indiscriminately and must be authorized by the Warden/Center Supervisor or, in his or her absence, the Deputy/Assistant Warden or Assistant Center Supervisor. Any visitor refusing a search (pat or strip) shall be escorted from Department property and be indefinitely suspended from visitation privileges.
Although it is essential that all searches are thorough and systematic, it is equally important that no damage, loss or abuse occur to any personal property. Any such loss or damage that is determined to be through neglect may result in disciplinary action against the negligent employee(s) and officer(s) and they will be liable for the cost of replacement of such items.
Authorized offender personal property in living quarters which constitutes a significant safety concern, seriously impairs reasonable visual observation or impedes reasonable search or exceeds maximum number of allowed items by policy shall be considered contraband.
These confiscated items shall be disposed of in accordance with established procedures.
Offenders who possess or receive in the mail unauthorized personal property shall have such property confiscated and disposed of in accordance with established procedures.
Upon transfer, an offenders' personal property not allowed at the receiving facility shall be disposed of in accordance with established procedures.
All contraband shall be safeguarded under the supervision of the Deputy/Assistant Warden/Assistant Center Supervisor until termination of its utilization as evidence. Contraband shall then be disposed of in accordance with current policy.
ACA Standards
Board Approval Date: 05/26/2015
Effective Date: 06/19/2015
Notes
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