1.1.1 Searches are conducted as often as necessary to control contraband and to recover missing property, but never for purposes of punishment or harassment.

1.1.2 Searches are frequent, unannounced, and irregularly timed.

1.1.3 Searches of common access and living areas are conducted as part of the daily operation of the institution.

1.1.4 Searches are performed on all vehicles entering or departing the secure perimeter of the unit.

1.1.5 Staff conduct searches whenever they have reason to believe inmates are concealing contraband.

1.1.6 Staff document searches of inmate living areas, and any search in which contraband (other than nuisance contraband) is found, on a Correctional Service Journal, Form 40000033, and on a unit search log (or other means) to provide a permanent record of searches, and forward the reports to the Warden, Deputy Warden or Administrator through the chain of command.

1.1.6.1 Wardens, Deputy Wardens, and Administrators shall establish a file for all reports documenting searches to provide a system of recording searches.

1.1.8 Sensors and mechanical devices are appropriately and legally used.

1.2 Two staff members shall be present during a search whenever possible.

1.2.1 An inmate may be present, but need not be present, during a search of the inmate's living area.

1.2.2 When a search is conducted without the inmate present, the staff conducting the search shall submit an Information Report, Form 40000029, that explains the inmate's absence.

1.3 When conducting a search of an inmate's living area for contraband or other evidence of illegal or unauthorized activity, staff may inspect and examine personal papers, books and other documents for the purpose of discovering evidence of escape plans, disturbance plans, use of weapons or explosives, suicidal tendencies, or any other information that may constitute a threat to the safety and security of the prison.

1.3.1 Papers or documents that the inmate claims to be legal material may be scanned for contraband, but shall not be read.

1.3.2 Any such material thought to be contraband shall be evaluated by the shift commander prior to removal from the inmate's living area.

1.1.1 Searches of inmates are conducted as often as necessary to control contraband and to recover missing property, but never for purposes of punishment or harassment.

1.1.2 Searches of inmates are conducted as part of the daily operation of the institution.

1.1.2.1 All inmates whose work or program duties are outside the perimeter of their assigned unit shall be strip searched each time they return to the unit.

1.1.3 Staff conduct searches whenever they have reason to believe inmates are concealing contraband.

1.1.4 Staff document searches of inmates, and any search in which contraband (other than nuisance contraband) is found, on a Correctional Service Journal, Form 40000033, and on an institutional search log to provide a permanent record of searches, and forward the reports to the Warden, Deputy Warden or Administrator through the chain of command.

1.1.4.1 Wardens, Deputy Wardens, and Administrators shall establish files for all search documents to provide a system of recording searches.

1.2.1 Frisk searches conducted by a staff member who is not the same gender as the inmate shall be conducted in the presence of at least one additional staff member, whenever possible

1.3 Routine visual inspections of body cavity areas (strip searches) shall be conducted:

1.3.1 By trained staff who are the same gender as the inmate.

1.3.2 In a professional and reasonably private manner.

1.3.3 With at least two staff members present, whenever possible.

1.4 More intrusive searches (body cavity probes) shall be conducted only by an authorized medical doctor when there is reason to believe that an inmate has hidden contraband in a body cavity or swallowed contraband that is not visible by a strip search, and for which there is reasonable information this may be detrimental to the inmate's health.

1.4.1 Department health staff shall perform routine radiographic exams to determine if a detrimental situation may exist, pursuant to A.R.S. 31-230 (B), when necessary or medically appropriate.

1.5 Body cavity probes shall be conducted:

1.5.1 Pursuant to a court order in which a specifically named professional is identified.

1.5.2 By a contracted private physician whenever possible.

1.1.1 Searches shall be conducted in such a manner as to avoid unnecessary force or indignity to the inmate.

1.1.2 Each search of common areas and inmates shall be specifically authorized by a CRC supervisor, except where routine searches are a part of published written instructions.

1.1.3 Whenever feasible, searches shall be conducted using non-intensive sensors and other techniques instead of body searches.

1.1.4 Unless prohibited by security considerations, inmates shall be present when room searches are conducted.

1.2 When Community Corrections staff have reason to believe that an offender's activities and behavior are illegal or pose a threat to the offender and/or to the public, the subsequent investigation may, when necessary, include a search of the offender's person and residence.

1.2.1 The searches may be conducted without a warrant when "search and seizure" is one of the conditions of supervision that the offender has signed.

1.3 When Parole Officers (POs) determine during an investigation that a search may be necessary, they shall:

1.3.1 Obtain authorization from their supervisor or designee prior to initiating any search and seizure, except when circumstances dictate immediate intervention is necessary.

1.3.2 Request assistance with the search from the law enforcement agency with jurisdiction in the area to be searched.

1.3.3 Obtain assistance from another PO when other assistance is not available.

1.3.4 Conduct an immediate search without a warrant when there is reason to believe that delay may result in the offender disposing of evidence or contraband.

1.3.5 Forcibly enter a community-based offender's residence or vehicle only with the assistance of a law enforcement officer, and only when the following conditions exist:

1.3.5.1 A life threatening situation.

1.3.5.2 An immediate threat to public safety.

1.3.6 Conduct searches in a community-based offender's absence only when a proprietary person is present, such as a spouse, parent or landlord.

1.3.7 Conduct a pat search of the offender's person. When feasible, a PO of the same gender as the offender shall conduct the pat search.

1.4 During a search and seizure operation, POs and other Community Corrections staff shall:

1.4.3.1 If no law enforcement officer is available, or a law enforcement officer refuses to take custody of the seized evidence, unauthorized property and/or contraband, the staff who seized the unauthorized items shall deliver them to the nearest Department contraband control officer.

1.4.4 Obtain a written receipt from the law enforcement officer receiving the evidence, unauthorized property and/or contraband.

1.4.5 Provide a written receipt to the offender from whom the evidence, unauthorized property and/or contraband was seized, whether the seized items are delivered to law enforcement officers or a Department contraband control officer.

1.5 POs shall submit a Staff Report, Form 50600008, to their Administrator or designee within two working days following any search and seizure. The report shall include, but not be limited to, the following information:

1.5.1 The offender's name and ADC number.

1.5.2 The date and time of the search.

1.5.3 The address of the search.

1.5.4 The reason(s) for the search.

1.5.5 The identity, address and phone number of the person(s) present during the search.

1.5.6 A copy of the receipt/inventory of seized evidence, unauthorized property and contraband.

1.5.7 Any action taken against the offender.

1.6 The Parole Services Administrator or designee shall file the Staff Report in the offender's field file immediately after the case is resolved.

1.6.1 A copy of the Staff Report shall be forwarded to the Offender Services Bureau, Offender Records.

1.1.1 Any person (including employees, contractors, volunteers, and members of the public) entering an institution is subject to being searched prior to entering.

1.1.2 Searches of individuals entering institutions shall be conducted in a professional and dignified manner, and shall never be used for purposes of harassment or embarrassment.

1.1.3 Strip searches and searches requiring physical contact shall be conducted by a staff member of the same gender as the person being searched.

1.1.4 Persons who refuse an authorized search or strip search; possess contraband or illegal contraband; or refuse to remove or reveal contraband or illegal contraband shall be denied entrance. Refer to the following Department Orders for specific denial procedures and appropriate penalties:

1.2.1 The person to be strip searched shall sign a Consent to Strip Search, Form 70501036.

1.2.2 Strip searches shall be conducted in accordance with the following:

1.2.2.1 Two staff members of the same gender as the person being strip searched shall conduct the strip search in a private area, out of the presence of persons of the opposite gender, and out of the view of inmates.

1.2.2.2 At no time during the strip search shall any part of the person's body be touched by staff members.

1.2.2.3 The person being strip searched shall remove his or her own clothing and turn the clothing over to staff members for examination.

1.2.2.4 Staff shall visually inspect the body cavities of the person being strip searched.

1.2.2.5 The person being strip searched shall run his or her fingers through the hair and be asked to move so as to assist staff in viewing all areas of the person's body.

1.2.2.6 The person's clothing shall then be returned to the person for redressing.

1.2.3 If reasonable suspicion has been allayed at the conclusion of the strip search, the person may then be allowed to enter the prison.

1.2.3.1 If reasonable suspicion has not been allayed, the individual shall not enter.

1.3 Additional Search Requirements for Employees

1.3.1 Employees (including contractors and volunteers) shall be required, as a condition of employment, to consent to have their persons, vehicles, and other items searched when on Department property.

1.3.1.1 Assistant Directors, Wardens, Deputy Wardens, Administrators and Bureau Administrators shall ensure that all current employees and applicants for employment receive the Consent to Search, Form 70501097.

1.3.1.2 Signed Consent to Search forms shall be forwarded to the Inspections and Investigations Division or work area.

1.3.2 Wardens, Deputy Wardens and Administrators shall designate placement of scanners and identify those employee positions required to clear the scanner prior to entry into the unit.

1.3.3 Under no circumstances shall any force be used in conducting a search of an employee. Instead, an uncooperative employee shall be advised of the consequences described in this Department Order.

1.3.4 Searches of employees with electronic sensors, frisk searches and searches of vehicles and other personal items shall be conducted routinely by security staff in particular areas, at established check points, or based upon reasonable suspicion.

1.3.4.1 All employees shall be pat searched at least once each calendar quarter. These searches shall be irregularly timed, unannounced and conducted in accordance with the guidelines established in this Department Order.

1.3.4.2 Searches of employee vehicles on prison grounds, regardless of rank or position of the employee, may be conducted as authorized by the Warden, Deputy Warden, Administrator or Complex Chief of Security. Employees shall be present during searches of their vehicles.

1.3.4.3 Administrative offices at prisons and Community Correctional Centers are considered secure areas, and employees and their property may be searched in these areas.

1.3.4.4 Searches shall not be conducted routinely in non-secure administrative offices and facilities, including Central Office. Employees and their property may be searched at these locations when such searches are based on reasonable suspicion.

1.3.5 If an electronic sensor, frisk search, staff observation or reliable information creates reasonable suspicion to believe that an employee possesses contraband, the searcher may, if approved by the Warden, Deputy Warden, Administrator, Complex Chief of Security or Criminal Investigations Unit (CIU) Supervisor, conduct a more thorough search, including a strip search.

1.3.6 If staff observation or reliable information creates reasonable suspicion to believe that an employee is under the influence of alcohol or drugs, the searcher may, if approved by the Warden, Deputy Warden, Administrator, Complex Security Chief, or CIU Supervisor conduct a more thorough search, including drug and alcohol screening.

1.3.7 An employee shall be denied access to the work site, and security supervisors or investigators shall file a complaint with the Administrative Investigations Bureau, to be followed by appropriate disciplinary action, if the employee:

1.3.7.1 Possesses contraband.

1.3.7.2 Refuses to cooperate in or submit to a search.

1.3.7.3 Refuses to sign the Consent to Search form.

1.3.7.3.1 The signing of this form is a condition of employment, which includes employees, contractors, vendors and volunteers. Refusal to do so shall result in a retraction of the employment offer and/or access to the institution.

1.3.7.4 Refuses to provide evidence as ordered.

1.3.8 The searcher shall complete an Information Report when an employee is strip searched, drug or alcohol tested, or when contraband is discovered in any search, and shall submit a copy of the Information Report to the concerned employee's supervisor and the Administrative Investigations Bureau.

1.1 In administrative investigations of employee misconduct, the Assistant Director for Inspections and Investigations, or designee, may require employees to provide fingerprints, urine specimens, breath samples, handwriting examples, or other evidence.

1.2 An employee shall be denied access to the institution, to be followed by appropriate disciplinary action, if that employee refuses to provide physical evidence, statements, testimony or samples, or submit to interviews, examinations or screening as ordered.

1.2 When thorough and extensive searches of the public are planned (i.e., parking lot searches), the local CIU shall be involved to function in the law enforcement role.

1.3 When, in the course of a vehicle search, a service dog alerts:

1.3.1 A thorough search of the vehicle shall be conducted.

1.3.2 All occupants shall be inspected by a service dog behind a privacy screen.

1.3.3 On a minor, the visit of the minor and all accompanying adults shall be suspended as outlined in D.O. 911.

1.4 If the search of the vehicle and its occupants fails to disclose any contraband, entrance shall be authorized.

1.5 When plain sight inspections of the public reveal suspected illegal contraband, the CIU or local law enforcement shall be contacted to determine if a violation has taken place.

1.5.1 When probable cause exists to believe that a violation of the statutes has taken place, illegal contraband items shall be seized and processed as evidence.

1.5.2 If insufficient probable cause exists regarding a violation of statutes, or if the contraband is unauthorized but not illegal, the contraband items shall not be seized.

1.6 The member of the public being searched shall remove the contraband by leaving State property and shall not be allowed to return until a review and determination can be made by the Warden, Deputy Warden or Administrator.

1.6.1 Inmate visitors shall not be able to visit on the day of the incident, but shall not be automatically removed from the visiting list.

1.6.2 Inmate visitors may visit on the next regular visiting day unless action has been taken by the appropriate administrator.

The Assistant Director for Community Corrections shall ensure:

EMPLOYEE - Any person working for the Department full time, part time, or under temporary appointment as a paid staff member, a contractual staff member, or as a volunteer.

ILLEGAL CONTRABAND - Any item, the possession of which, in the community or on prison grounds, is a felony or misdemeanor.

ILLEGAL DRUG - Any prescription drug in the possession of a person that has not been prescribed by a licensed medical practitioner for that person, and those substances that have been scheduled (class I, II etc.) by the U.S. Department of Justice, Drug Enforcement Administration.

INDIVIDUAL - Any person attempting to enter an institution who is not an inmate. Includes employees, contractors, volunteers and visitors.

OFFENDER - Any inmate on parole, work furlough, home arrest, release (temporary, mandatory, discretionary or provisional) or interstate compact status who is supervised by a Parole Officer, Correctional Program Officer or other Community Corrections staff.

UNAUTHORIZED PROPERTY/CONTRABAND (Community Corrections) - Any controlled substance or narcotic (except as prescribed by a licensed physician); firearm, deadly weapon or explosive; and any other item that may be reasonably interpreted by staff as a violation of the conditions of supervision signed by the offender.

A.R.S. 31-230, Taking Prohibited Articles Into Prison; Classification; X-radiation.

A.R.S. 31-233, Temporary Removal; Temporary Release.

A.R.S. 31-236, Home Arrest.

A.R.S. 31-411, Mandatory Release; Provisional Release.

A.R.S. 31-412, Parole Release.

A.R.S. 31-461, Interstate Compact; Contents.

SUPERSEDES

Department Order 708, Searches, supersedes the following:

IMP 103.1.10, Searches of Employees; Requirement to Provide Evidence in Administrative Investigations, 01/08/87

IMP 301.16, Inmate Searches/Contraband, 12/02/92

IMP 305.2, Searches of Persons Entering Prisons, 03/26/91

IMP 601.9, Parole/Field Services: Search and Seizure, 04/05/91

IMP 602.2, Searches/Contraband - Community Corrections Centers (CCCs), 11/03/83

MO 24, Searches of the Public, 03/21/95

AI DMP 103.1.10-A, Searches of Employees, 04/30/93

CC DMP 601.00.31, Field Supervision - Search and Seizure, 10/13/93