Section 306.17. Search of inmates.

 

(1)   Personal search.

(a) In this subsection, "personal search" means a search of a person, including, but not limited to, the clothing, frisking the body, and an inspection of the mouth.

(b) Any staff member may conduct a personal search of an inmate under any of the following circumstances:

1. If the staff member has reasonable grounds to believe that the inmate possesses contraband.

2. At the direction of a supervisor either verbally or in written job instructions, post orders, or policies and procedures.

3. Before an inmate enters or leaves the security enclosure of a maximum or medium security institution or the grounds of a minimum-security institution.

4. Before an inmate enters or leaves the segregation unit or changes status within the segregation unit of an institution.

5. Before and after a visit to an inmate or as part of a periodic search or lockdown of a housing unit.

(2)   Strip search.

(a) In this subsection, "strip search" means a search in which the person is required to remove all clothes.

(b) Permissible inspection pursuant to a strip search includes examination of the inmate's clothing and body and visual inspection of body cavities. Staff shall conduct a strip search in a clean and private place. Any staff member may conduct a visual inspection of body cavities. Except in emergencies, a person of the same sex as the inmate being searched shall conduct the strip search.

(c) Staff may conduct a strip search of an inmate under any of the following circumstances:

1. Before an inmate leaves or enters the security enclosure of a maximum or medium security institution or the grounds of a minimum-security institution.

2. Before an inmate enters or leaves the segregation unit or changes status within the segregation unit of an institution.

3. Before and after a visit under ch. DOC 309 .

4. As part of a periodic search and lockdown of an institution under s. DOC 306.15 .

5. At the direction of a supervisor.

(3)   Body cavity search.

(a) In this subsection, "body cavity search" means an x-ray, or a strip search in which body cavities are inspected by the entry of an object or fingers into body cavities.

(b) Medical staff shall conduct body cavity searches. Medical staff may conduct a body cavity search only if the warden approves. The warden shall approve if there is probable cause to believe that contraband is hidden in a body cavity.

(4)   Body contents search.

(a) In this subsection, "body contents search" means a search in which the inmate is required to provide a biological specimen, including, but not limited to a sample of urine, breath, blood, stool, hair, fingernails, saliva, or semen for analysis.

(b) Only assigned staff may obtain samples as part of a body contents search.

(c) Staff may conduct a body contents search only under one of the following conditions and only after approval by the warden:

1. Security reasons.

2. Program reasons.

3. Investigation purposes.

4. As part of a random testing program.

5. As required by a court for deoxyribonucleic acid or DNA analysis under s. 973.047 , Stats., or any other biological specimen analysis.

(5)   Staff conduct.

(a) Staff shall strive to preserve the dignity of inmates in all searches conducted under this section.

(b) Before a search is conducted pursuant to this section, staff shall inform the inmate that a search is about to occur, the nature of the search, and the place where the search is to occur.

(6)   Incident report. Staff shall write and submit to the security director an incident report or log entry following all strip searches under sub. (2) (c) 4. , of all body cavity searches under sub. (3) , of all body contents searches under sub. (4) and of all searches in which contraband is found. The report or entry 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 searched;

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

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

(f) The identities of other staff members present when the search was conducted.

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