Section 306.16. Search of inmate living quarters.

 

(1)  Staff may conduct a search of the living quarters of any inmate at any time. Entry into the living quarters of an inmate by a staff member to retrieve state property does not constitute a search of the living quarters of an inmate.

(2)  The institution shall maintain a written record of all searches conducted under sub. (1) , which shall include:

(a) The identity of the staff member who conducted the search;

(b) The date and time of the search;

(c) The identity of the inmate whose living quarters were searched;

(d) The reason for conducting the search. If the search was a random one, the report shall so state;

(e) Any objects which were seized pursuant to the search; and

(f) Whether any damage was done to the premises during the search.

(3)  If staff seize any property or damage any property pursuant to the search of an inmate's living quarters, staff shall identify the property to the inmate in writing. The institution shall reimburse the inmate for damage to any property that is not contraband. The institution shall value any property which is damaged at its fair market value, not replacement cost.

(4)  In conducting searches under this section, staff shall disturb the effects of the inmate as little as possible, consistent with thoroughness.

(5)  Staff shall read only that part of the inmate's legal materials as necessary to determine that the item is legal material and does not contain contraband.

CR 00-079 : cr. Register July 2001, No. 547 eff. 8-1-01.