Section 327.21. Search of CRC residence.

 

(1)  A search of a CRC inmate's residence, including the grounds, his or her vehicle, areas occupied by other occupants of the residence or any property under the inmate's control, may be made at any time by any correctional staff member. There is no requirement that there be evidence that contraband is concealed in the residence before a search is conducted.

(2)  Before the search occurs, it shall be approved by a CRC supervisor unless exigent circumstances, such as suspicion the inmate will destroy contraband or use a weapon, require search without approval.

(3)  There shall be a written record of all searches conducted under sub. (1) . This record shall be prepared by the CRC supervisor or the staff member who conducted the search. The report shall state:

(a) The identity of the staff member who conducted the search and the supervisor who approved it;

(b) The date and time of the search;

(c) The identity of the inmate whose residence or property was searched;

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

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

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

(4)  If any objects were seized or property damaged during the search of an inmate's residence or property, the inmate shall be informed in writing. The inmate shall be reimbursed for damage to any property which is not contraband. Property which is damaged shall be valued at its fair market value, not the cost to replace it.

(5)  In conducting a search, correctional staff shall disturb the effects of the inmate as little as possible, consistent with thoroughness.

(6)  Staff shall not read legal materials belonging to the inmate during a search.

Cr. Register, September, 1990, No. 417 , eff. 10-1-90.