OAR 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) Electronic Searches: Adults in custody may be required to undergo body scanner screening at facilities equipped with the technology. Full-body scans may supplement or replace clothed or unclothed searches, as the department deems appropriate in accordance with these rules. (a) General Application: (A) An electronic search may be required when adults in custody are delivered or are returned to Department of Corrections custody, including but not limited to return from county confinement, a work or program assignment, an out-to-court trip, a medical trip, or a facility transfer, or upon reasonable suspicion an adult in custody may be concealing contraband on or within their body. (B) Each adult in custody will be instructed on the proper way to enter the body scanner for scanning. (C) The body scanner operator will ensure bystanders are outside of the inspection zone. (D) If a technical error occurs during the scanning process, adults in custody may be required to be re-scanned until a proper image is captured. (E) The department will ensure body scanner exposure and limitations comply with The American National Standards Institute/Health Physics Society Standard. (F) Saved images will be utilized solely for investigative or training purposes or confirmation of contraband and should be retained according to the applicable record retention schedule. Images used for authorized training purposes will have identifying information removed from the image. (b) Restrictions: (A) Any adult in custody with a physical limitation that does not enable the adult in custody to stand independently without an assistive device or is otherwise unable to independently transfer into the body scanner will be searched by other means. (B) Any adult in custody with an implanted medical device will be searched by other means. (C) Body scanning devices shall not be used for medical purposes. (D) Body Scanning devices shall not be used on pregnant adults in custody. (i) Adults in custody who declare they are or may be pregnant shall have their pregnancy status verified by Health Services prior to going through the body scanning device. (ii) Adults in custody may be subject to alternative search methods and placed on dry cell status in accordance with ODOC Policy 40.1.1 until pregnancy status can be verified. (iii) Adults in custody verified to be pregnant will be searched using alternative search methods. (E) Cross-gender body scans of adults in custody are prohibited, except in exigent circumstances. When the full-body scanner is used in exigent circumstances, the facility will document the search as a cross-gender search. (F) Cross-gender viewing of saved images of Adults in Custody is prohibited except during exigent circumstances, for investigative purposes, confirmation of contraband, and training purposes. Cross-gender viewing of saved images will be documented by the facility as a cross-gender search. (c) Refusal or Intentional Interference: (A) Any adult in custody who is not exempt from use of the body scanning device, as outlined in this rule, is required to comply with body scanning when directed. (B) Any adult in custody who refuses a direct order to be scanned by the body scanning device will be immediately placed in segregation on a dry cell status in accordance with ODOC Policy 40.1.11. (C) Any adult in custody who fails to remain still for a clear image capture after three attempts or is reasonably believed to be intentionally interfering with the body scanning process, shall be placed in segregation on dry cell status in accordance with ODOC Policy 40.1.11. (D) If the second or third scan causes the adult in custody to exceed the monthly limit for body scans, an unclothed search shall be conducted in lieu of placing the adult in custody on dry cell status. (8) Unclothed Searches: Unclothed searches conducted by Department of Corrections 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 Transgender and Intersex (Adult in Custody) 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, all cross-gender electronic 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. (9) 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. (10) 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.