Section DOC 328.22 - Search and seizure; pat-down(1) GENERAL POLICY. A search of an offender, the offender's living quarters or property, or seizure of the offender's body contents may be made at any time, but only in accordance with this section. Strip searches or body cavity searches are prohibited. For purposes of this section, the mouth is not a body cavity.(2) JUSTIFICATION. A search or seizure is appropriate and consistent with the goals and objectives of supervision under any of the following circumstances:(a) When an employee has reasonable grounds to believe the offender possesses contraband or evidence of a rule violation on or within his or her person or property.(b) With the consent of the offender, when a search or seizure is necessary to verify compliance with the rules.(c) When ordered by the court.(3) REASONABLE GROUNDS. In deciding whether there are reasonable grounds to believe that an offender has used, possesses or is under the influence of an intoxicating substance, that an offender possesses contraband, or that an offender's living quarters or property contain contraband or evidence of a rule violation, an employee may consider any of the following: (a) The observations of employees.(b) Information provided by informants. In evaluating the reliability of the information and the informant, the employee shall consider the following: 1. The detail, consistency, and corroboration of the information provided by the informant.2. Whether the informant has provided reliable information in the past and whether the informant has reason to provide inaccurate information.(c) The activity of the offender.(d) Information provided by the offender.(e) The experience of the employee with that offender or in a similar circumstance.(f) Prior seizures of contraband from the offender.(4) INFORMING THE OFFENDER. Whenever possible before a search or seizure is conducted, an employee shall inform the offender of all of the following: (a) A search or seizure is about to occur.(b) The reason for the search or seizure.(c) The method for conducting the search or seizure.(d) The place where the search or seizure is to occur.(e) The consequences of not complying with the search or seizure.(5) PAT DOWN. A pat-down may be conducted at any time an employee has a reasonable concern that an offender may possess a weapon or other object which may be used as a weapon. After a pat-down, if the employee has reasonable grounds to believe that the offender may be in possession of a weapon or contraband, the employee may proceed with a personal search of the offender.(6) PERSONAL SEARCH. (a) Any staff member may conduct a personal search of an offender.(b) Every personal search shall be documented in the offender's case record.(7) SEARCH OF LIVING QUARTERS OR PROPERTY. (a) An agent shall obtain supervisory approval prior to any search under this subsection.(b) The employee who conducted the search shall complete a written report of every search of an offender's living quarters or property. The report shall state all of the following: 1. The identity of the offender whose living quarters or property was searched.2. The identity of any employee who conducted the search and any other persons present during the search.3. The date, time, and place of the search.4. The reason for conducting the search.5. Any items seized pursuant to the search with documentation of chain of custody.6. Whether any damage was done to the premises or property during the search.(c) During searches an employee may read business records and personal mail of offenders. The employee may not read any privileged legal materials, including any communication between an offender and an attorney, or any materials prepared in anticipation of a lawsuit.(d) An employee may not forcibly enter any property to conduct a search.(8) SEIZURE OF BODY CONTENTS. (a) Only licensed or certified medical staff may take a blood or stool sample.(b) When the agent or supervisor requires the collection of a urine specimen to be observed, an employee of the same sex as the offender shall observe and collect the urine specimen.(c) Any trained employee may conduct breathalyzer tests or collect hair or other physical material samples.(d) A report of a test on a specimen of an offender's urine, breath, blood, stool, hair, fingernails, saliva, semen, or other identifying physical material produced by the offender may be presented as evidence in a revocation hearing. The expert who made the findings need not be called as a witness in a hearing or proceeding under this chapter, ch. DOC 331, or ch. HA 2.Wis. Admin. Code Department of Corrections DOC 328.22
CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13.