103 Mass. Reg. 924.06

Current through Register 1523, June 7, 2024
Section 924.06 - Searches

Written policy and procedures shall govern searches of the county correctional facility and inmates in order to detect and prevent the introduction of contraband, recover missing or stolen property, and to prevent escapes and other disturbances. The search policy, but not the procedure, shall be made available to the inmates and the public and shall be reviewed annually and updated as necessary. The search policy shall include, but not be limited to, written policy and procedures on the following:

(1) Visual inspection of the facility to include housing units, shops, program and activity areas, vehicles and deliveries, which are to be thorough and documented;
(2) Personal (pat) searches of inmates, ensuring that cross-gender pat searches of inmates shall be conducted in relative privacy with as much dignity as possible.
(3) Provided the circumstances warrant and following applicable legal restrictions, strip searches of inmates ensuring that said searches shall be conducted in relative privacy with as much dignity as possible by security personnel and conducted by staff of the same sex as the inmate. Cross gender pat searches of inmates shall be conducted in relative privacy with as much dignity as possible. Strip searches shall be conducted by one security personnel and a second security personnel within ear shot, except in an emergency as determined by the Sheriff/facility administrator or designee. Said searches may be employed in, but not limited to, the following situations:
(a) entrance or exit into secure area,
(b) transportation to and from court/medical trips/visits,
(c) alleged disciplinary infraction,
(d) inmate believed to be in possession of contraband,
(e) after escape or attempted escape,
(f) placement into isolation or segregation,
(g) prior to and following visits, and,
(h) return from temporary release (furlough, work release, etc.).
(4) Intrusive body cavity searches, ensuring that said searches, manual or instrumental, shall not be conducted unless all of the following have occurred:
(a) Probable cause has been determined by staff through reasonable belief that the inmate is carrying contraband or other prohibited material;
(b) Authorization has been given by the Sheriff/facility administrator; and
(c) Search warrant has been obtained.

Note: The body cavity search shall be done by qualified health care personnel or correctional personnel thoroughly trained by health care personnel and shall be conducted in private.

(5) Searches of visitors to the facility. (See 103 CMR 950.04 );
(6) Procedures detailing the seizure and disposal of all discovered contraband items, ensuring that staff document the circumstances;
(7) Specific guidelines for search and preservation of evidence when a crime is suspected and prosecution is possible.

103 CMR 924.06

Amended by Mass Register Issue 1264, eff. 7/4/2014.