Cal. Code Regs. tit. 15 § 3999.25
Memorandum
Date: October 22, 2018
To: Associate Directors, Division of Adult Institutions
Wardens
Regional Health Care Executives
Chief Executive OfficersINSTRUCTIONAL MEMORANDUM
Subject: CONTRABAND INTERDICTION PROGRAM AT THE CALIFORNIA SUBSTANCE ABUSE TREATMENT FACILITY -- PILOT PROGRAM
The purpose of this memorandum is to announce the implementation of the California Department of Corrections and Rehabilitation (CDCR) Contraband Interdiction Program (CIP) Pilot Program at the California Substance Abuse Treatment Facility (SATF). The purpose of the CIP is to utilize a multi-layered approach to stop the introduction of contraband and drugs [FN1] into our institutions. By eliminating the flow of contraband into the prisons, the department creates safer environments for staff, inmates, and visitors. Inmates will be able to participate in rehabilitative programs (i.e., education, vocation, and substance use disorder treatment), which will help to prepare them for their release back into society. This memorandum defines staff responsibilities and establishes the parameters, equipment, and tools for administering the CIP.
The program shall:
The CIP Pilot Program is operating under the authority of California Penal Code Section 5058.1.
PILOT PROGRAM LOCATION AND DURATION
The CIP Pilot Program will be implemented at the California Substance Abuse Treatment Facility (SATF) at Corcoran.
The pilot program will be in effect for 24 months following approval by the Office of Administrative Law, and will expire by operation of law at the end of this period unless it is promulgated through the Administrative Procedure Act prior to expiration.
PROGRAM STRUCTURE
The Associate Director for the General Population (GP) Males Mission will have the responsibility and oversight for the CIP. Designated GP Males Mission staff will work with the institution to obtain the required equipment and applicable training for staff.
The CIP Pilot Program provides for the following strategies:
* Enhanced (24 hours per day/7 days per week) screening of employees, employees of other government agencies, contract employees, contractors and their employees, visitors, volunteers, and attorneys, at the front entrances.
* Enhanced [FN2] canine vehicle searches of employees, employee of other government agencies, contract employees, contractors and their employees, visitors, volunteers, and attorneys.
* Enhanced canine searches of the vehicle sally port and institution perimeter. The department's goal is to ensure a canine team is assigned or is available, during all operating hours, Monday through Friday.
* Conduct SUDT for those inmates that have been identified to be appropriate for this program.
The CIP Pilot Program strategies utilize the following additional resources:
* Two -- millimeter wave full body scanners.
* Two -- baggage/parcel X-ray scanners.
* Six -- canine teams (comprised of Correctional Officers, canines, vehicles, and supplies).
The Warden at SATF has the overall responsibility for the implementation, operation, and development of a local operational procedure for the CIP.
This overall responsibility includes staff training and ongoing monitoring of the program.
PROGRAM PROCEDURES
Front Entrance Device Scanning Strategies
The strategies employed at the front entrances will be to utilize a millimeter wave full body scanner and a baggage/parcel X-ray scanner. Both technologies will be used 24 hours a day/7 days per week on employees, employees of other government agencies, contract employees, contractors and their employees, visitors, volunteers, and attorneys.
Millimeter Wave Full Body Scanner
The millimeter wave full body scanner is an ideal product for correctional institutions. It quickly scans an individual in 1.5 seconds using safe active millimeter wave radio frequency technology, is able to detect contraband under a stab-resistant vest, and eliminates time consuming and intrusive pat-downs while providing a quality and reliable image. The millimeter wave full body scanner quickly creates a 3-D black and white image of the subject being scanned. The system's imaging tools enable trained operators to locate a broad range of threats and contraband. Depending on the object size, location, and composition, the front entrance Correctional Officer will be able to locate many types of concealed weapons, contraband made of liquids, gels, plastics, powders, metals, and ceramics. The millimeter wave full body scanner offers advanced imaging with minimal health risks. The millimeter wave full body scanner does not use X-rays or ionizing radiation. Implementation of this new strategy will closely resemble that of the Transportation Security Administration (TSA) security protocols used in airports.
Baggage/Parcel X-Ray Scanners
The baggage/parcel X-ray scanners will be utilized to scan all items of employees, employees of other government agencies, contract employees, contractors and their employees, visitors, volunteers, and attorneys. Items shall include but are not limited to: bags, purses, parcels, lunch boxes, briefcases, backpacks, etc. Employees, contractors, and volunteers must be in compliance with the memorandum titled "Allowable Employee Property Policy" dated June 19, 2013, signed by Kathleen Dickinson, Director, Division of Adult Institutions (Attachment A). With the scanning technology in place, all incoming persons will be required to place their personal belongings into a bin, which will be processed through the baggage/parcel X-ray scanner, and then walk into the millimeter wave full body scanner, placing his or her feet on the foot silhouettes located on the floor of the device.
If a scanner indicates contraband is present, the person is subject to a further search in a more private setting. Searching of employees and contractors is authorized in California Code of Regulations (CCR), Title 15, Section 3410.1. Searching of visitors and volunteers is authorized in CCR, Title 15, Section 3173.2. CDCR employees, who are required to sign a Fair Labor Standards Act (FLSA) form as required per assigned duties, shall sign the FLSA form and utilize pay code "CIFE" to capture potential overtime caused by the search.
Canine Strategies
For this pilot program, SATF will have a total of eight canine teams; two existing permanent funded teams and an additional six teams that will be established on a limited term basis for this pilot program. Canine teams are an integral part of CDCR's interdiction strategies. Canine teams routinely search housing units, classrooms, offices, buildings, incoming mail/packages, pedestrian sally ports, vocational/educational work areas, minimum support facilities, visiting areas (family and main), vehicle sally ports, and the institution perimeter for contraband drops. Canine searches of institution perimeters significantly enhance staff's ability to uncover contraband drops, ultimately preventing inmates from locating the contraband and trafficking those items into the institutions.
Emergency vehicles (e.g., CDCR transportation vehicles, ambulances, fire trucks, etc.) entering institutional grounds shall not be subject to passive canine vehicle search protocols.
Passive Canine Vehicle Search Protocols
Only passive alert canines will be used for vehicle searches consistent with CCR, Title 15, Section(s) 3410.1 and 3410.2. Passive alert canines are trained to perform signals when they detect the presence of drugs or contraband. The signals include, but are not limited to, sitting or staring at the detected drugs or contraband. Canines will be positioned at the main vehicle entrance areas during high volume traffic periods (e.g., shift changes within the institution, and visiting days) to search vehicles entering institutional grounds. During these periods, it is not uncommon for hundreds of vehicles to enter the institution. During high traffic periods up to seven canine teams may be utilized. During low volume traffic periods, only one canine team will remain at the front entrance area to conduct random searches of incoming vehicles. Local police officers or other law enforcement officers shall not be involved in the search process and shall not be at the search location. The department may choose to videotape the vehicle being searched. Videotaping [FN3] may be done for any legitimate operational purpose, which may include: maintaining the integrity of the Passive Canine Vehicle Search Program, documenting the discovery of any narcotics, or for future training purposes. At no time shall the driver or any passenger of the vehicle be subject to videotaping.
Canine Sally Port Searches
A canine team will also be scheduled at the vehicle sally port, or will be available to respond to the vehicle sally port in the event that a team is not scheduled at a certain time, to do a vehicle search of all vehicles entering through the vehicle sally port.
The department's goal is to ensure a canine team is assigned or is available, during all operating hours, Monday through Friday.
Passive Canine Vehicle Searches of Visitors -- Procedures
Prior to beginning each passive canine visitor vehicle search operation, the Search Operations Commander or designee shall be responsible for determining if the search will be of all visitors entering an area, or only those selected on a random basis. Should the search area become backlogged for any reason, vehicles waiting to be searched may be released from inspection to insure search timeframes are adhered to. The random search pattern, if selected, shall not be altered unless approved by the Search Operations Commander or designee.
The canine handler shall inform visitors that he or she is conducting vehicle searches using passive alert canines and that the purpose of the search is to detect illegal drugs and contraband. Individuals shall be directed not to interact with the canine in any way.
No search of a vehicle shall take place without the written consent of the driver of the vehicle, unless reasonable suspicion exists, in which case consent is not required. Prior to an impending vehicle search, the driver of each vehicle shall be given written notice on a CDCR Form 1812, Consent to Conduct Canine Search of Vehicle, Person, and Property (Attachment B), in either English or Spanish. Instructions will also be provided verbally, using effective communication, describing the search to be conducted, the reasons for the search, and the consequences of finding drugs or contraband in the vehicle or on the person of a visitor on institutional grounds. The notice shall state clearly that the driver has the option to refuse the search. The driver will be advised that by exercising this right, the driver shall be required to remove his or her vehicle from institution property. The driver shall not lose the ability to visit on the same date as the search refusal, provided he or she returns without the vehicle. The visitor shall be informed that:
The driver of the vehicle has the right to rescind previously given written consent at any time unless reasonable suspicion has been established (e.g., positive canine alert prior to rescission, discovery of drugs or contraband). Any rescission will be considered a refusal to search and the driver shall be required to remove his or her vehicle from institution property.
No vehicle shall be delayed more than ten minutes prior to being searched. Once the vehicle is directed to the search area, all occupants shall be instructed to exit the vehicle. The driver shall be instructed to leave the vehicle keys on the roof of the vehicle and all occupants shall be instructed to place handbags, wallets, and all pocket contents in a box provided. The box shall be placed adjacent to the left front tire of the vehicle. All occupants of the vehicle will then be instructed to proceed to the corresponding recorder station, which shall be located in clear view of the vehicle and box and at least twenty feet from the vehicle. Each recorder station shall have a staff member who shall identify each person in the vehicle by name and document where they were sitting in the vehicle. In addition, the staff member at the recorder station will document the beginning and ending time of each vehicle search.
Once all visitors are at least twenty feet from the vehicle, the canine handler shall commence a search of the vehicle. Canines shall be kept no less than twenty feet from visitors at all times. In the case of an alert by the canine, the location of suspected narcotics or contraband shall be indicated to designated search team members. During the search, there shall be no reading of the visitors' personal belongings, such as letters, legal material, address books, or other writings which are in the possession of the visitors, and are not reasonably suspected of being contraband.
Passive canine searches of vehicles shall be limited to ten minutes per vehicle. Additional time may be permitted with the search of a larger vehicle (van, motor home, large truck, etc.) or in the case of a tired or distressed service dog. However, the total wait time for a passive canine vehicle search (which includes the canine vehicle search, and hand search of the vehicle) shall not exceed thirty minutes unless drugs or contraband are discovered.
Positive Canine Alert
If the canine alerts during the vehicle search, staff shall conduct a hand search of the vehicle for the purpose of locating drugs or contraband.
If no drugs or contraband are discovered in the vehicle, the driver and all occupants of the vehicle will continue processing into Visiting.
In instances where drugs or contraband are discovered in the vehicle or on the person of a visitor from the vehicle, all occupants of the vehicle, regardless of arrest status, shall be denied visiting privileges. Staff shall complete a CDC Form 887-8, Notice of Visitor Warning/Termination/Suspension/Denial/Revocation (Attachment C), in either English or Spanish. This form will specify the reason for the denial of visiting and period(s) for which the denial or suspension are in effect.
Arrests/Citations/District Attorney Referral
Individuals who are searched and found in possession of drugs or contraband are subject to arrest as identified in CCR, Title 15, Section 3173.2(c)(3)(C). If an arrest is initiated, those arrested, along with the drugs or contraband that was discovered shall be turned over to the institution's Investigative Services Unit (ISU). ISU Staff shall maintain proper chain of custody for all drugs and contraband.
Once the pre-booking process (Miranda warning, interviews) has been completed by designated CDCR staff, the arrestee(s) shall be transported by CDCR personnel or by the local police or 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.
The decision to arrest, issue citations, or refer visitors found in possession of drugs or contraband to the District Attorney rests with the ISU Lieutenant or Search Operations Commander. In all cases where a visitor is arrested or issued a citation for committing a criminal act while on institution property, a copy of CDCR Form 837-A, Crime/Incident Report Part A -- Cover Sheet (Attachment D), any arrest reports, and any staff reports documenting the arrest, will be forwarded to the local District Attorney's office, in accordance with existing departmental procedures.
Passive Canine Vehicle Searches of Employees, Employees of other Government Agencies, Contract Employees, Contractors and their Employees, Volunteers, and Attorneys -- Procedures
Prior to beginning each passive canine vehicle search operation with employees, employees of other government agencies, contract employees, contractors and their employees, volunteers, and attorneys or legal organizations as identified in CCR, Title 15, Section 3141(c)(9) authorized to practice law in California, another state, or the District of Columbia, the Search Operations Commander or designee shall be responsible for determining if the search will be of all vehicles entering onto institutional property or only those selected on a random basis. Vehicles delayed more than ten minutes prior to being searched, may be released to insure adherence to search time frames. The random pattern shall not be altered unless approved by the Search Operations Commander or designee.
The canine handler shall inform employees, employees of other government agencies, contract employees, contract ors and their employees, volunteers, and attorneys or legal organizations as identified in CCR, Title 15 Section 3141 (c)(9) authorized to practice law in California, another state, or the District of Columbia, that he or she is conducting vehicle searches using passive alert canines and that the purpose of the search is to detect illegal drugs and contraband. Individuals shall be directed not to interact with the canine in any way.
All persons who are employed by the department, employees of other government agencies, contract employees, contractors and their employees, volunteers, and attorneys or legal organizations as identified in Section 3141 (c)(9) authorized to practice law in California, another state, or the District of Columbia, 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 passive alert canines, as identified in CCR, Title 15, Section 3410.1(a).
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 CDCR institutions. Attorneys or legal organizations as identified in CCR, Title 15, Section 3141(c)(9) authorized to practice law in California, another state, or the District of Columbia, can refuse to submit to the passive alert canine search, however, refusal shall result in the denial of a contact visit. A non-contact visit may be authorized, if available, on the same day. Alternatively, the appointment shall be rescheduled for another day.
No vehicle shall be delayed more than ten minutes prior to being searched. Once the vehicle is directed to the search area, all occupants shall be instructed to exit the vehicle. The driver shall be instructed to leave the vehicle keys on the roof of the vehicle and all occupants shall be instructed to place handbags, wallets, backpacks, briefcases, and all pocket contents in a box provided. The box shall be placed adjacent to the left front tire of the vehicle. All occupants of the vehicle will then be instructed to proceed to the corresponding recorder station, which shall be located in clear view of the vehicle and the content box, and at least twenty feet from the vehicle. Each recorder station shall have a staff member who must identify each person in the vehicle, and if they are an employee who is required to sign a Fair Labor Standards Act (FLSA) form as required per assigned duties, they shall sign the FLSA form and utilize pay code "CIK9 " to capture potential overtime caused by the search.
Once all employees, employees of other government agencies, contract employees, contractors and their employees, volunteers, and attorneys are at least twenty feet from the vehicle, the canine handler shall commence a search of the vehicle. Canines shall be kept no less than twenty feet from the individuals being searched at all times. In the case of an alert by the canine, the location of suspected narcotics or contraband shall be indicated to designated search team members. During the search, there shall be no reading of the individuals' personal belongings, such as letters, legal material, address books, or other writings which are in the possession of the individual, and are not reasonably suspected of being contraband.
Passive canine searches of vehicles shall be limited to ten minutes per vehicle. Additional time may be permitted with the search of a larger vehicle (e.g., van, motor home, large truck, etc.) or in the case of a tired or distressed service dog. However, the total wait time for a passive canine search (which includes the canine vehicle search, and hand search of the vehicle) shall not exceed thirty minutes unless drugs or contraband are discovered.
A passive canine vehicle search of any employee, employees of other government agencies, contract employees, contractors and their employees, volunteers, and attorneys or legal organizations as identified in CCR, Title 15, 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.
Positive Canine Alert
If the canine alerts during the vehicle search of an employee, employees of other government agencies, contract employees, contractors and their employees, volunteers, or attorneys or legal organizations as identified in CCR, Title 15, Section 3141(c)(9) authorized to practice law in California, another state, or the District of Columbia, search staff shall conduct a hand search of the vehicle for the purpose of locating drugs or contraband.
If no drugs or contraband are discovered in the vehicle, the individual(s) shall be allowed to continue processing into the institution.
In instances where drugs or contraband are discovered in the vehicle or on the person from the vehicle, all occupants of the vehicle, regardless of arrest status, shall be denied entrance into the prison.
Arrests/Citations/District Attorney Referral
Individuals who are searched and found in possession of drugs or contraband on institution property, are subject to arrest as identified in CCR, Title 15, Section 3410.2(d)(6). If an arrest is initiated, those arrested, along with the drugs or contraband discovered shall be turned over to ISU. ISU staff shall maintain proper chain of custody for all drugs and contraband.
Once the pre-booking process (Miranda warning, interviews) has been completed by designated CDCR staff, the arrestee(s) shall be transported by CDCR personnel or by the local police or 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.
The decision to arrest, issue citations, or refer individuals found in possession of drugs or contraband to the District Attorney rests with the ISU Lieutenant or Search Operations Commander, as identified in CCR, Title 15, Section 3410.2(d)(6)(B). In all cases where an employee, employee of other government agencies, contract employee, contractor and/or their employee, volunteer, or attorney or legal organization as identified in CCR, Title 15, Section 3141(c)(9) authorized to practice law in California, another state, or the District of Columbia, is arrested or issued a citation, or both, for committing a criminal act while on institution property, a copy of CDCR Form 837-A, Crime/Incident Report, Part A -- Cover Sheet (Attachment D), any arrest reports, and any staff reports documenting the arrest, shall be forwarded to the local District Attorney's office in accordance with existing departmental procedures.
Substance Use Disorder Treatment Program
The Substance Use Disorder Treatment program uses Medication-Assisted Treatment (MAT) which is a California Correctional Health Care Services initiative that uses medication in combination with counseling and behavioral therapies to help inmates address their substance use disorders. Although MAT is currently in effect as part of a separate pilot program, Title 15, Section 3999.22, Medication Assisted Treatment for Substance Abuse Disorders Pilot Program, under the authority of Penal Code Sections 5058.1 and 2694.5, which was implemented at the California Institution for Women and the California Institution for Men, this CIP Pilot Program includes MAT, which is to be part of the drug interdiction program at SATF. The goals of the MAT program are to create a model which addresses the issues of inmate drug and alcohol use in institutions and reduce use risks when inmates are released. Risks upon release include, overdosing on narcotics, relapsing into substance abuse, and engaging in drug related recidivistic criminal activities. To mitigate these risks, treatment before release is essential. MAT requires close integration with ongoing substance use treatment and the Complete Care Model in CDCR facilities, in which all health care needs of inmates, including the inmates' need for substance abuse treatment, are integrated. Capacity will likely vary and increase over the program's period. If demand exceeds capacity at some point, prioritization is given to medical need, risk, other available options (such as medical transfer to another institution where capacity exists), and the likelihood of the program to improve the health of the individual at that point in time.
STAFFING
A total of 41.5 limited term positions will be established for the CIP, as follows:
. 23.9 Correctional Officers for the front entrance strategies and other duties as assigned;
. 10.6 Correctional Sergeants for the front entrance strategies;
. 6.0 Canine Officers; and
. 1.0 Research Analyst II (General).
Mandatory Random Urinalysis Program
As the Department moves forward with the implementation of the CIP Pilot Program at SATF, methods must be established to not only deter drug use, but also measure the success of the CIP and evaluate the success of specific implemented strategies. In association with the CIP Pilot Program SATF will implement a Mandatory Random Urinalysis Program to randomly test ten percent of the inmate population at SATF monthly.
Testing is in addition to any other testing requirements an inmate may be subject to based on the disposition of a disciplinary hearing, participation in a substance abuse treatment program, or other random selection, mandatory testing lists, and criteria as described in CCR, Title 15, Section 3290, Methods for Testing of Controlled Substances or for Use of Alcohol.
. A computer system has been developed to randomly select a list of inmates to be tested each week to reach the desired 10 percent of the population tested each month at SATF. Lists should be kept confidential in order to reduce inmates' abilities to circumvent the process.
RESEARCH AND EVALUATION
The department shall ensure an assessment of the pilot program is conducted to monitor the implementation and effectiveness of the various components. A Research Analyst will be assigned to monitor the functionality of the identified devices at the pilot institution, and determine which services are beneficial and effective. In addition, CDCR's Office of Research will continue to monitor performance measures to assess the effectiveness of the ClP at SATF. The department will evaluate the feasibility of expanding this program to all 35 adult prisons.
If you have any questions regarding this pilot program, please contact Bryan Donahoo, Correctional Administrator, General Population Males Mission, Division of Adult Institutions, at (916) 324-1653 or Bryan.Donahoo@cdcr.ca.gov.
| /s/ | /s/ |
| CONNIE GIPSON | R. STEVEN THARRATT, M.D., MPVM, FACP |
| Director (A) | Director |
| Division of Adult Institutions | Health Care Operations |
Attachments
cc: Ralph M. Diaz
Kathleen Allison
Kenneth Pogue
Diana Toche
Richard Kirkland
Vincent Cullen
Joseph (Jason) Williams
Sandra Alfaro
Jeff Macomber
Jennifer Barretto
Bryan Donahoo[FN1]
For purposes of this memorandum the term drugs shall include, but is not limited to: narcotics, controlled substances, prescription medication belonging to another person, and cannabis.[FN2]
For purposes of this memo "enhanced canine searches" means canine vehicle searches of employees, employees of other government agencies, contract employees, contractors and their employees, visitors, volunteers, and attorneys, canine vehicle searches of vehicles entering the vehicle sally port, and canine searches in the following areas: housing units, classrooms, offices, buildings, incoming mail/packages, pedestrian sally ports, vocational/educational work areas, minimum support facilities, visiting areas (family and main), vehicle sally ports, and the institution perimeter for contraband drops, etc.[FN3]
Postings indicating the potential for videotaping will be posted on the Visiting section of the SATF website and on posters clearly visible to entrants.
Cal. Code Regs. Tit. 15, § 3999.25
Note: Authority cited: Sections 5058 and 5058.1, Penal Code. Reference: Section 5058, Penal Code.