Ill. Admin. Code tit. 20 § 501.220

Current through Register Vol. 48, No. 45, November 8, 2024

Section 501.220 - Searches for Contraband

a) Searches of Visitors

1) All persons, vehicles and items brought onto State property are subject to search. Prominent notice to this effect shall be posted at each facility.

2) A body search of a visitor shall be conducted in an area offering the visitor some degree of privacy.

3) A strip search of a visitor may be conducted by a correctional employee only upon the consent of the visitor and in accordance with the following provisions:

A) Department personnel must first have a reasonable suspicion that the visitor may be in possession of contraband or be attempting to transport contraband into the facility.

B) The visitor shall be informed that he may refuse to submit to the search by Department personnel and may be denied the visit unless he specifically consents in writing to a strip search.

C) The search shall be conducted by an employee of the same sex in an area where the search cannot be observed by persons not conducting the search.

4) Visitors shall not be subject to anal or vaginal cavity searches by correctional personnel.

5) A search of a visitor may be conducted with the assistance of a detector dog.

6) A visitor may refuse to submit to a search. However, failure to submit to a search may result in denial, suspension or restriction of visiting privileges.

b) Searches of Committed Persons

1) All committed persons and their clothing, property, housing and work assignments are subject to search at any time.

2) Strip searches and visual searches of anal or vaginal body cavities of committed persons shall be conducted by persons of the same sex as the committed person and in an area where the search cannot be observed by persons not conducting the search, except in cases of an emergency.

3) Intrusive searches of anal or vaginal body cavities of committed persons may be performed by medical personnel when a reasonable suspicion exists that contraband may be hidden in a body cavity. Intrusive shall mean physical entry into a body cavity. The search shall be conducted in an area where the search cannot be observed by persons not conducting the search, except in cases of emergency. If the committed person does not consent to an intrusive cavity search, the search may only be performed upon the approval of the Chief Administrative Officer, in consultation with the center physician or the Agency Medical Director, and upon consideration of factors including, but not limited to, whether the search is medically contraindicated, whether the committed person's health may be endangered if the contraband is not removed, whether alternative means of securing the contraband are feasible, and institutional security.

4) The Chief Administrative Officer may order a lockdown of the facility or a portion thereof to facilitate a search for contraband in accordance with Section 501.120 of this Part.

5) All items of contraband discovered during a search shall be confiscated, marked and placed in a secure area until disposition in accordance with Section 501.230.

6) An employee conducting the search of a committed person's cell, room or dormitory shall complete a form indicating the date and time of the search, the identities of participating officers, and a list of property confiscated, if any, and present it to the committed person within a reasonable time after the search.

Ill. Admin. Code tit. 20, § 501.220

Amended at 11 Ill. Reg. 14697, effective September 1, 1987