Or. Admin. Code § 291-041-0020

Current through Register Vol. 63, No. 12, December 1, 2024

Section 291-041-0020 - Adults in Custody

(1) Search of adults in custody living units, work areas, other places they inhabit or frequent, and their property will be conducted regularly on an unannounced and unscheduled basis.

(2) An inspection of each cell, room or dormitory area will occur prior to occupancy by a new adult in custody.

(3) In conducting searches of an adult in custody's living unit, place of work, or other places frequented or inhabited, the employee conducting the search will be expected to leave the search area in an orderly and neat condition. Care will be exercised to ensure that authorized property is not damaged or disposed of.

(4) Adults in custody may be subject to search at any time; but no more frequently than is necessary to control contraband or to recover stolen or missing property. However, all adults in custody will be subject to a search on each occasion before and after they leave a Department of Corrections facility and on each occasion before and after visits, entering or exiting special housing units and before or after contact with persons outside the facility.

(5) The type of search administered will avoid unnecessary force, embarrassment, or indignity to the adult in custody. Non-intrusive sensors and inspection devices may be used when appropriate.

(6) Clothed Searches: Adults in custody may be searched only by authorized Department of Corrections personnel or a sworn police officer in the performance of their official duty. Cross-gender clothed searches of female adults in custody will not occur unless there is an emergency and shall be documented.

(7) Unclothed Searches: Unclothed searches conducted by DOC staff will be of the same gender as the adult in custody, unless there is an emergency, or the adult in custody has been approved for unclothed searches to be conducted in accordance with OAR 291-210-0050(3). Except in emergencies, adults in custody undergoing unclothed searches will be removed to a private area for the search.

(a) The facility shall document all cross-gender unclothed searches, all cross-gender visual body cavity searches, and all cross-gender pat-down searches of adults in custody.

(b) The facility shall not search or physically examine a transgender or intersex adult in custody for the sole purpose of determining the adult in custody's genital status.

(c) If the adult in custody's genital status is unknown, it may be determined during conversations with the adult in custody, by reviewing medical records, or, if necessary, by learning that information as part of a broader medical examination conducted in private by a medical practitioner.

(8) Visual inspections for security reasons may be conducted by authorized personnel. All internal examinations must be conducted by medical personnel only upon authorization of the functional unit manager or the officer-of-the-day and only when there is reasonable suspicion as defined in OAR 291-041-0010(16) to justify the search. The adult in custody's written consent will not be required; however, an internal search will not be conducted if it could result in injury to the adult in custody or the personnel conducting the search.

(9) Hair:

(a) If staff need to conduct a hair search, it may be necessary to require the adult in custody to unbraid, loosen or cut the hair to complete the search.

(b) The adult in custody will be given an adequate amount of time to unbraid or loosen the hair.

(c) An adult in custody who refuses to unbraid or loosen the hair is subject to disciplinary action in accordance with the rules on Prohibited Conduct and Processing Disciplinary Actions (OAR 291-105).

(d) If the adult in custody is unable to unbraid or loosen the hair so a search can be accomplished, staff shall conduct the search if possible in the least intrusive manner (e.g., hand wand, visual inspection, etc.). At no time shall staff cut an adult in custody's hair to complete a search without approval of the functional unit manager or officer-of-the-day.

(e) If an adult in custody's head or facial hair draws undue attention or otherwise compromises internal order and discipline, institutional security, or the health and safety of the adult in custody, other adults in custody, and staff, the functional unit manager or designee will determine what further action shall be taken.

Or. Admin. Code § 291-041-0020

CD 42-1978, f. 12-19-78, ef. 12-20-78; CD 3-1980(Temp), f. & ef. 3-5-80; CD 24-1980, f. & ef. 7-3-80; CD 42-1981, f. & ef. 10-30-81; CD 36-1983(Temp), f. & ef. 10-14-83; CD 11-1984, f. & ef. 4-11-84; CD 46-1985, f. & ef. 8-16-85; CD 12-1989, f. & cert. ef. 6-30-89; CD 4-1991, f. & cert. ef. 1-22-91; DOC 2-2008, f. 2-1-08, cert. ef. 2-4-08; DOC 15-2013(Temp), f. & cert. ef. 12-13-13 thru 6-11-14; DOC 5-2014(Temp), f. & cert. ef. 1-17-14 thru 7-16-14; DOC 9-2014, f. & cert. ef. 3-4-14; DOC 5-2016, f. & cert. ef. 3/24/2016; DOC 2-2020, amend filed 01/29/2020, effective 1/31/2020

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075

Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075