Section 3287 - Cell, Property, and Body Inspections(a) Insofar as possible, a cell, room, or dormitory bed area and locker will be thoroughly inspected immediately upon its vacancy and again, if there is a significant time lapse, before another incarcerated person is assigned to the same cell, room, or dormitory bed and locker. Such inspections are required and must be recorded for restricted housing unit and isolation cells. The purpose of such inspections is to fix responsibility or the absence of responsibility for security and safety hazards and serious contraband found in the cell, room, or dormitory area. (1) Occupied cells, rooms and dormitory areas, including fixtures and lockers, and any personal and state-issued property of the occupant will be inspected on an infrequent and unscheduled basis. More frequent inspections will be conducted in specialized housing units, depending upon the security requirements of the unit and the risk an individual incarcerated person presents to that security.(2) Cell and property inspections are necessary in order to detect and control serious contraband and to maintain institution security. Such inspections will not be used as a punitive measure nor to harass an incarcerated person. Every reasonable precaution will be taken to avoid damage to personal property and to leave the incarcerated person's quarters and property in good order upon completion of the inspection.(3) An incarcerated person's presence is not required during routine inspections of living quarters and property when the incarcerated person is not or would not otherwise be present. During special inspections or searches initiated because the incarcerated person is suspected of having a specific item or items of contraband in their quarters or property, the incarcerated person should be permitted to observe the search when it is reasonably possible and safe to do so.(4) The incarcerated person will be given a written notice for any item(s) of personal and authorized state-issued property removed from their quarters during an inspection and the disposition made of such property. The notice will also list any contraband picked up or any breach of security noted during the inspection, and the follow-up action intended by the inspecting officer.(b) An incarcerated person is subject to an inspection of their person, either clothed or unclothed, when there is a reasonable suspicion to believe the incarcerated person may have unauthorized or dangerous items concealed on their person, or that they may have been involved in an altercation of any kind. Such inspections may also be a routine requirement for incarcerated person movement into or out of high security risk areas. Random or spot-check inspections of incarcerated persons may also be authorized by the institution head to prevent possession and movement of unauthorized or dangerous items and substances into, out of, or within the institution. Visual daily inspections of incarcerated persons shall be made to ensure compliance with departmental grooming standards. All such inspections shall be conducted in a professional manner which avoids embarrassment or indignity to the incarcerated person. Whenever possible, unclothed body inspections of incarcerated persons shall be conducted outside the view of others. (1) Correctional employees, other than qualified medical staff, shall not conduct unclothed body inspections of incarcerated persons of the opposite sex except under emergency conditions with life or death consequences.(2) Routine inspections of clothed male incarcerated persons may be performed by employees of either sex.(3) Body inspection of clothed female incarcerated persons shall be conducted by female correctional employees only, except in emergency situations requiring the immediate search of incarcerated persons to avoid the threat of death, escape, or great bodily injury. In such emergency situations, male correctional employees may conduct clothed body inspections only until sufficient numbers of female correctional employees are available to assume critical body search duties.(4) Male correctional employees shall not, under any circumstances, perform non-emergency body searches of female incarcerated persons.(5) Any inspection of body cavities, other than visual or metal detector inspections, will be conducted in a medical setting under the direct supervision of a physician. Any physical intrusion into body cavities must be performed by a physician, and then only after all less obtrusive methods have failed to bring the inspection to a conclusion.(c) Incarcerated Person Body Searches. Incarcerated persons shall submit to body inspections using contraband and metal detection devices and electronic drug detection devices, including but not limited to, ION scanners and low-dose, full-body x-ray scanners. Incarcerated persons shall also submit to inspections of all personal items, including but not limited to, wheelchairs, implants, prostheses, and assistive devices, using contraband and metal detection devices and electronic drug detection devices, including but not limited to, ION scanners.(1) Contraband and metal detection devices and electronic drug detection devices, including but not limited to, ION scanners and low-dose, full-body x-ray scanners shall be used on incarcerated persons when they leave a visiting area, upon conclusion of a family visit, upon returning to a yard or facility from vocational or educational classes, upon entering or exiting a secure perimeter, and prior to placement into restrictive housing.(2) The use of the low-dose, full-body x-ray scanners shall comply with Code of Federal Regulations, Title 28, Section 115.15(a) (7/1/2012), which is hereby incorporated by reference.(3) Low-dose, full-body x-ray scanners shall adhere to the American National Standard Institute's Radiation Safety for Personnel Security Screening Systems Using X-Ray or Gamma Radiation (ANSI/HPS N43.17-2009), which is hereby incorporated by reference. Scanner settings shall be set by the manufacturer to 0.25 microsieverts per scan. The annual radiation limit shall be 250 microsieverts per incarcerated person and each scan shall have a radiation dose of 0.25 microsieverts. A low-dose, full-body x-ray scanner shall identify the incarcerated person by CDCR number and determine the annual radiation to which the incarcerated person has been previously exposed as a result of low-dose, full-body x-ray scanning relative to the annual radiation limit before a scan is initiated.(4) If the incarcerated person has reached the annual radiation limit pursuant to subsection 3287(c)(3), the machine shall not perform a scan. A scan shall only be conducted when the radiation to which the incarcerated person has been previously exposed as a result of scanning is determined to be under the annual radiation limit, and at least 0.25 microsieverts remain before the incarcerated person reaches their annual radiation limit.(5) An incarcerated person shall be excused from a low-dose, full-body x-ray scanner search in the event of an emergency custody circumstance in which the incarcerated person's behavior creates a safety risk for the incarcerated person, other incarcerated persons, or CDCR staff if the search is performed, and requires immediate staff attention to deescalate the situation and maintain the safety and security of the institution. The staff member who is escorting the incarcerated person to be searched shall make the determination that the incarcerated person cannot safely be searched using the low-dose, full-body x-ray scanner. (A) An emergency custody circumstance includes physical aggression from the incarcerated person requiring restraint of the incarcerated person in order to maintain the safety and security of the institution or a circumstance where an incarcerated person refuses to ambulate and stand up on the machine's platform to be scanned.(B) The staff member who excused the incarcerated person from a search using the low-dose, full-body x-ray scanner shall document the emergency custody excusal on CDC Form 128-B, General Chrono (Rev. 4/74) as soon as is permissible and forward the completed Form to the warden for signature. The CDC Form 128-B shall be signed by the warden no later than 48 hours after the date of the emergency custody circumstance. A copy of the form shall be given to the incarcerated person, and shall be stored in the Electronic Records Management System (ERMS), as defined in section 3000.(6) An excusal for medical circumstances shall be documented on CDC Form 128-C, Chrono-Medical, Psychiatric, Dental (Rev. 01/96), and signed by a CDCR medical staff member of a level no lower than a nurse practitioner. A copy of the form shall be given to the incarcerated person, and shall be stored in the ERMS.(7) An incarcerated person who is excused from being scanned with a low-dose, full-body x-ray scanner pursuant to subsections 3287(c)(5) or 3287(c)(6), or who has reached the annual radiation limit pursuant to subsection 3287(c)(3), shall be searched by alternate means, including but not limited to, passive canine air scan searches, hand-held metal detectors, walk-through metal detectors, and ION scanners.(8) An incarcerated person shall notify a staff member that they are excused from being searched with a low-dose, full body x-ray scanner due to an emergency custody or medical circumstance, whereupon verification of excusal is required. At least one of the following two methods of verification shall be used: (A) The incarcerated person shall present a copy of the approved CDC Form 128-B or CDC Form 128-C to a staff member operating a low-dose, full-body x-ray scanner, or(B) A staff member shall access the copy of CDC Form 128-B or CDC Form 128-C that is stored in ERMS.(9) In the event that verification cannot be obtained through one of the methods enumerated in subsections 3287(c)(8)(A) or 3287(c)(8)(B), staff shall search the incarcerated person in accordance with subsection 3287(c)(7).(10) An incarcerated person who is excused from being scanned with a low-dose, full-body x-ray scanner for emergency custody circumstances pursuant to subsection 3287(c)(5) shall be subject to disciplinary action in accordance with section 3315.(d) Passive Air Scan Searches. Inspections of incarcerated person cell or living areas, property, work areas, and body shall be conducted on an unannounced, random basis as directed by the institution head. Such inspections shall be conducted no more frequently than necessary to control contraband, recover missing or stolen property, or maintain proper security of the institution.(1) Incarcerated persons shall be subject to passive air scan searches by a passive alert canine.(2) Direct Searches of incarcerated persons: The canine handler shall make an announcement informing the incarcerated person(s) that they are conducting passive air scan searches using a passive alert canine and that the purpose of the scan is to detect illegal drugs. The incarcerated person does not have the right to refuse the search. An incarcerated person who refuses to be searched may be subject to disciplinary action and subject to additional search and urine testing for the presence of drugs. (A) While inadvertent contact is a possibility, the handler shall not instruct the canine to contact the incarcerated person.(B) If the incarcerated person seems excessively nervous, the handler shall attempt to reassure the incarcerated person that the procedure is safe.(3) Results of a Canine Search. If the canine gives a positive canine alert during a passive air scan search of the incarcerated person, the incarcerated person shall submit to an unclothed body search and urinalysis testing. (A) Any confiscated controlled substance shall be handled as evidence.(B) Whenever a Canine handler finds contraband, the find shall be reported to the on duty supervisor. The supervisor shall determine what action shall be taken.(e) A written record shall be maintained of the disposition of contraband and stolen or missing property confiscated as the result of cell, property, or body inspections.Cal. Code Regs. Tit. 15, § 3287
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 5054 and 6402, Penal Code; Jordan v. Gardner, 986 F.2d 1521; and Title 28, Subsection 115.15, Code of Federal Regulations.
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 5054 and 6402, Penal Code; Jordan v. Gardner, 986 F.2d 1521; and Title 28, Subsection 115.15, Code of Federal Regulations.
1. Amendment filed 5-13-77; effective thirtieth day thereafter (Register 77, No. 20).
2. Amendment of subsection (a)(3) filed 2-22-79; effective thirtieth day thereafter (Register 79, No. 8).
3. Amendment of subsection (b)(1) filed 8-22-79; effective thirtieth day thereafter (Register 79, No. 34).
4. Amendment of subsection (b) and new subsection (c) and (d) filed 2-8-88; operative 3-9-88 (Register 88, No. 7).
5. Editorial correction of printing error in subsection (b) (Register 92, No. 5).
6. Amendment of subsections (b) and (c) filed 10-16-97 as an emergency; operative 10-16-97 (Register 97, No. 42). Pursuant to Penal Code section 5058(e), a Certificate of Compliance must be transmitted to OAL by 3-25-97 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 10-16-97 order transmitted to OAL 3-23-98 and filed 5-4-98 (Register 98, No. 19).
8. Amendment of subsection (b)(1), new subsections (b)(2)-(4), subsection renumbering and amendment of Note filed 5-26-2005 as an emergency; operative 5-26-2005 (Register 2005, No. 21). Pursuant to Penal Code section 5058(e), a Certificate of Compliance must be transmitted to OAL by 11-2-2005 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 5-26-2005 order transmitted to OAL 9-28-2005 and filed 11-1-2005 (Register 2005, No. 44).
10. Amendment of subsection (b) filed 12-21-2009; operative 1-20-2010 (Register 2009, No. 52).
11. Amendment of section heading and new subsections (c)(1)-(c)(3)(B) filed 10-8-2014 as an emergency; operative 10/8/2014 (Register 2014, No. 41). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 3-17-2015 or emergency language will be repealed by operation of law on the following day.
12. Amendment of section heading and new subsections (c)(1)-(c)(3)(B) refiled 3-17-2015 as an emergency; operative 3/17/2015 (Register 2015, No. 12). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 6-15-2015 or emergency language will be repealed by operation of law on the following day.
13. Certificate of Compliance as to 3-17-2015 order, including amendment of Note, transmitted to OAL 6-15-2015 and filed 7-27-2015; amendments effective 7-27-2015 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 31).
14. New subsections (c)-(c)(10), subsection relettering, amendment of newly designated subsection (d) and amendment of Note filed 3-19-2021; operative 7/1/2021 (Register 2021, No. 12). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.
15. Amendment of subsection (a) filed 10-24-2023 as an emergency; operative 11/1/2023 (Register 2023, No. 43). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 4-9-2024 or emergency language will be repealed by operation of law on the following day.
16. Amendment of subsection (a) refiled 4-8-2024 as an emergency; operative 4/11/2024 (Register 2024, No. 15). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-10-2024 or emergency language will be repealed by operation of law on the following day.
17. Change without regulatory effect amending section filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).
18. Certificate of Compliance as to 4-8-2024 order, including further amendment of subsection (a), transmitted to OAL 6-18-2024 and filed 7-31-2024; amendments effective 7/31/2024 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 31).