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State of Ny Correctional Services Control of and Search for Contraband 2001

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STATE OF NEW YORK

NO.

TITLE

4910

DEPARTMENT OF CORRECTIONAL SERVICES

Control of & Search for
Contraband

Revision Notice

DISTRIBUTION

REVISES

AS

Dir#4910 did 9117101

Pa...
PAGE

DATE

Dale Last Revised

1

OF

1

PAGES

05103/2006

APPROVING AUTHORITY

REFERENCES (Include but are nollimited to)

Add new material underlined. Delete materialliftee eat.

o
B.

Section VI.-B., Page 14, revise as indicated:
RecordingILogging. Findings of contraband should be recorded on one or more of the following,
depending on identification:
I.

Contraband associated or by definition determined to meet the criteria of an Unusual Incident will be
reported via the FUlO Electronic Reporting System in accordance with Directive #4004.

2.

All serious non-U.I. contraband, I.E., common area weapons, prescription drugs, home made alcohol
less than 5 gallons, ETC., must be reported via the FUlO Electronic Contraband Reporting System
within 24 hours of recovery. All monthly facility contraband information will be obtained via the
FUlO Electronic Contraband Reporting System. All other contraband should be documented as
appropriate in items 3-13 below.

3.

Area log, search log, and any other log kept where search results are recorded and contraband is
secured or destroyed;

4.

Misbehavior Report, Forms #2171.A and #217I.B, when issued, (all articles confiscated, contraband
or other, shall be listed);

5.

Form #2077, Contraband Receipt (Attachment F) (in instances when a Misbehavior Report is not
issued, the inmate shall be given a receipt for the articles, including information as to their
whereabouts);

6.

Form #1140, "Report of Strip Frisk/Strip Search," if applicable (see Attachment A);

7.

Form #1140-SHUIMHU, "Report of Strip Frisk Upon Admission to SHUIMHU Individual
CelllRoom" (Attachment 0).

8.

Form #2062, "Search Contraband Report," after a search of living quarters (see Attachme~t B);

9.

Form #2063, "Certificate of Search," after a search of inmates being transported (see Attachment C);

10.

Form #2068, "Authorization for Disposal of Personal Property," ifthe inmate is given a choice of
disposition (see Directive #4913, "Inmate Personal Property Limits");

II.

Form #2080, "Request for Test of Suspected Contraband Drugs," if appropriate (Note: The chain-of
custody is recorded in this form - See Directive #4938, "Contraband Drug Testing");

12.

Form #2081, "Contraband Test Procedure," to record testing and results of suspected contraband
drugs; or

13.

Form #2147, "Drug/Special Watch Isolation Report," ifapplicable (see Attachment D).

STATE OF NEW YORK

TITLE

No.

4910

DEPARTMENT OF CORRECT!ONAl SERVICES

REVISION NOTICE

CONTROL OF & SEARCH FOR CONTRABAND

REVISES

DATE

Dir. #4910 dtd. 09117/2001

MAY 03 2006

REFERENCES {includes but are flol Jlmited to}:

Add new materiel underlined. Delete material nAed "lit.

o

Section IlI-G-1-a, at the middle of page 5; revise as follows:

G.

Guidelines for Strip Searches/Strip Frisks
1.

Staff Demeanor.
a.

Oniy a correction officer who is conducting the frisk and a supervisor of the rank of
sergeant or higher may be present and able to see the inmate during a strip search or
strip frisk unless:
(1)

an inmate has a record of resistance to strip searches, strip frisks, or a record of
assaults or attempted assaults on correction officers, or the inmate indicates he
will actively resist the search; ef

(2)

a major disturbance of the facility requires that inmates be held and searched in
groups,.; or

(3) the inmate is a possible victim of sexual abuse and is being strip frisked" prior to
transportation to an outside hospital (in this particular case a health services provider shall be present, if available).
"Note: Directive #40278 provides additional guidance for strip frisks of sexual
abuse victims.

No.

TITLE

STATE OF NEW YORK

4910

DEPARTMENT OF CORRECTIONAL SERVICES

CONTROL OF & SEARCH FOR CONTRABAND

REViSION NOTICE
DISTRIBUTION

REViSES

Oir. #4910 dtd.

PAGE 1 OF 6

A B

09/17/2001

DATE

PAGES

1/7 /03

APPROVING AUTHORITY

REFERENCES (includes but are not limited to):

i

I

Add new material underlined. Delete material lined But.

E~UPERSEDESAND

CORRECTS THE LAST UNDATED REVISION NOTICE

Section IV-E, near the top of page 9; revise as indicated:
E.

o

Work Release Faeilft-y-Restriction/Secure Units.

1.

Inmates admitted to restriction or secure units such as may be used at work release facilities or at other facilities for inmates awaiting transfer will be strip frisked and undergo a
metal detector search. Form #1140-WRF (Attachment AI will be completed for each event.

2.

Inmates at work release facilities on restriction who are placed off the unit because of an
overflow will be strip frisked and undergo a metal detector search upon their return to the
restriction unit since they would have stayed in open housing overnight.

Section IV-J, near the bottom of page 10; revise subsection 4 as indicated, inserting a new subsection b. and re-Iettering existing subsections b. through h. to c. through i. respectively:
4.

Procedure.
a.

The teilet--water supply to the cell/room shall be turned off.

b.

The inmate shall have opportunity to use issued personal hygiene items either by being
provided with a basin of warm water or being removed from the cell as directed and at
intervals scheduled by the Deputy Superintendent for Security.

o

Section V-E, near the middle of page 13; replace the existing text with the following:

E.

Searches of Quarters and Property.
1.

The search of an inmate's living quarters shall be thorough and orderly. All State and personal property shall be examined carefully.

2.

Care and caution shall be taken to avoid damage or destruction to property. Every effort
shall be made to leave the living quarters in the same condition they were prior to search. If
possible, items are to be returned to the approximate position in which they were found or
placed in an orderly fashion on the bed. If an inmate's property is damaged, the employee
conducting the search shall report it to his supervisor in writing with a copy to the Deputy
Superintendent for Administrative Services.

3.

All searches of religious items shall be conducted in such a manner as to respect their religious significance. A Native American's medicine bag shall only be searched in accordance
with Section III-J above.

NO. 4910

CONTROL OF & SEARCH FOR CONTRABAND

,
Whenever the religious authenticity of an item found in an inmate's cell is questioned, its
authenticity shall be verified by a member of the facility's Ministerial Services staff.
4.

D

All contraband items found shall be processed in accordance with Section VI, ContrabandHandling & Disposition. If no item has been confiscated and no misbehavior report written,
that fact should be indicated on a Contraband Receipt, Form #2077 (Attachment FI, and a
copy provided to the inmate.

Replace pages 15 - 18 with the following revised pages. Forms 1140-WRF (Page 16) and 2062
(Page 17) have been revised. Form 2063 (Page 181 is the version currently in use.

SiATE OF NEW YORK

TITLE

No.

4910

DEPARTMENT OF CORRECTIONAL SERViCES

Control of & Search for Contraband

DIRECTIVE
SUPERSEDES

PAGE 1 OF 23

DISTRIBUTION

A B

Dir. #4910 dId. 10/21/98
REFERENCES (incluces but are not iimileo lo);

Pg.

I. SOOPE
It. POLICY
III. PERSONAL SEARCHES
Metal Detector
A.
B. Pat Frisk

1
1
1
1

C.

Attorney Visit

D.
E.
F.

Special Housing Unit
Work Release Restr. Units

2

G.

Release without Supervision 9

4
4
4

H.
I.

Escorted Trip

J.

Drug/Special Watches

C.

Mouth Search
Strip Search

G.

Strip Frisk
Probable Cause
Guidelines for Snip
Searches/Frisks

Body Cavity Search
H.
Radiological Search
I.
Medicine Bag Search
J
IV. SITUATION SEARCHES
A.
Transfer

B.

Contact Visit

9/17/01

APPROVING AUTHORITY

Section

D.
E.
F.

DATE

PAGES

5
5
5
7
8

8

Section

Psychiatric Housing

Visits

V. SEARCHI FACILITY SPACES
A.
Routine/Sch. Searches

B.
C.
D.
E.

Pg.

Section

8
8
9
9

F.
Documentation
13
VI. CONTRABAND-HANDLINGIDISPO.13
A.
De f init i0 nildetiti fic ation
13

9
9
10
11
t 1

Unsched./Response·Type
Searches
Placement of 1nmates

12

and Property

13

Recording/Logging

C.
Storage/Security
D.
Disposition
ATTACHMENTS
A.
#1140, Rpt· Strip Srch/FrSk
8.#2062, Search Ctiubnd Rpt
C.
#2063, Certificate· Search

14
14
14
16

17
18

D.

#2147, Drug/Spec. Watch
Isolation Rpt

19

E.
F.

HSPM

~Body Cav.

20

12

12

Religious Areas
Search of Quarters

8
8

B.

Pg.

Srch"

1/2077, Contraband Receipt 21

G.

#1140·SHUlMHU Frisk

H.

Rpt. Cross Gender Pat Frsk 23

22

I.

SCOPE. This directive sets forth the ratiOnale for and procedures to be followed in the search for and
control of contraband. !t also standardizes procedures for the inspection and search of an inmate's person, living quarters, or any other area in or around a correctional facility to aid in the control of
contraband.

II.

POLICY. The presence of contraband within a facility and its subsequent possession and/or use by inmates threatens the security of the facility, endangers the safety of inmates, employees, visitors, and
the community, and impairs rehabilitation programs.
Search for and seizure of contraband is a responsibility of facility management. The experience of correctiona! authorities in the operation of facilities has demonstrated that special unannounced as well as
routine periodic searches of facility areas, inmate living quarters, and the inmate's person are essential
to the discovery and elimination of contraband.

a

Introducing or possessing contraband in facility may be a violation of law and violators are to be
prosecuted. Visitors attempting to introduce contraband or 'In possession of contraband will be denied
permission to visit (Ref. Dir. #4403, "!nmate Visitor Program"). Contraband found in the possession of
inmates will be confiscated promptly by facility personnel within the guidelines outlined in this directive
and in Departmental disciplinary procedures (Ref. Dir .. #4932, "Chapter V, Standards Behavior &
Allowances" I.
It is important that inspections and searches be properly carried out bydesignated personnel. Ct is
equally important that they be well supervised and accomplished in a timely and orderly fashion.
III.

PERSONAL SEARCHES. Searching an inmate's person is sound correctional practice and a necessary
element of contraband control. The employee conducting a personal search must assure its thoroughness and not offend the dignity of the inmate being searched.

A.

"Metal detector search"
1.

Definition. A metal detector search means a search in which an inmate is passed through a
meta! detector or in which a hand-held metal detector is passed over an inmate's person or an

NO. 4910

Control of & Search for Contraband
peTI:

9/17 /01

I>AGS:-

2

0;"

inmate is required to sit in a Body Orifice Scanning System to determine whether there are
metal objects in his or her clothing or attached to or concealed within his or her body.
2.

Application.
a.

An inmate will be subjected to a "metal detector search:"
(1) upon reception into D.O.C.S. or return to D.O.C.S. custody from outside agencies, return from temporary release, or as a returned absconder, etc.;

(21 prior to transfer from one facility to another, and at the receiving facility following
transfer;
(31 prior to a visit in a maximum or a medium correctional facility;
(41 after a contact visit or attending any facility affair where family and visitors are present; and

(51 upon admission to a special housing unit, work release restriction unit or psychiatric
housing unit.

b.

An inmate may be subjected to a "metal detector search:"
(11 going to and from work, housing, and program areas;
(21 entering and leaving the' facility on outside work details;
(31 in conjunction with a pat frisk (as described below);
(41 meeting with or in the presence of Departmental officials or visitors; and
(51 as directed or authorized by supervisory staff.

c.

Whenever a metal detector search is conducted in conjunction with a strip frisk/strip
search, the lower abdomen, groin and anal areas will be scanned with the inmate wearing

at least undershorts for males and bras and panties for females.
d.

B.

Whenever the Body Orifice Scanning System is used in conjunction with a strip search or
a strip frisk, the inmate will be required to sit in the device fully clothed (i.e. wearing standard undergarments, pants and shirt - no coati.

"Pat frisk"
1.

Definition. A pat frisk means a search by hand of an inmate's person and his or her clothes
while the inmate is clothed, except that the inmate shall be required to remove coat, hat, and
shoes. The inmate will be required to run fingers through hair and spread fingers for visual inspection. The search shall include searching into the inmate's clothing, Requiring an inmate
to open his or her mouth is not part of a pat frisk.

2.

Application.
a.

A "pat frisk" shall be made of inmates:
(1) to be interviewed by Departmental officials, the Board of Parole, or official visitors;
(2) entering the visiting roc>m (except at comr;lunity-based facil!tiesl;
{31 when the entire or an individual area of the facility or living quarters are searched;
(4) when there is an articulable basis to suspect that an inmate may be ,in possession of
contraband; or
(51 as directed or authorized by supervisory staff,

b.

A "pat frisk" may be made of inmates:
(11 going to and returning from housing areas and/or outside work details; and
(2) enrou1e to and from program and recreation areas;

Note: Use of a hand-held metal detector is always appropriate to supplement the pat frisk.

.zL

NO.

4910

Control of & Search for Contraband

9/17/01
QAT!="

3.

flAG:::"

3

Ql:'

Cross Gender Pat Frisks.
a.

Male Inmates. Pat frisks will be performed by officers regardless of sex. However, a female officer shall not perform a non-emergency pat frisk of any male Muslim inmate over
the objection of the inmate if a male officer is present at the location where the pat frisk
is to be cbnducted and is available to perform the pat frisk. This in no way restricts the
ability of a female officer to perform a pat frisk on a male Musnm 'mmate when there ',S an
articulable basis to suspect that the inmate may possess contraband or in emergency
situations_

b.

Female Inmates
(1) It is the poncy of the Department to use female correct',on officers to conduct pat
frisks of female inmates whenever possible, as determined by the Department.
(2) Except as provided in subparagraph (3) below, a male officer shall not perform a nonemergency pat -frisk of a female inmate over her objection when:
(a)

a female officer is present at the location where the pat frisk is to be conducted
and is available to perform the pat frisk; or

(b)

the female inmate displays an inmate identification card with the notation
"CGPFE," indicating that the female inmate was granted a current Cross Gender
Pat Frisk Exemption.

(3) Notwithstanding the provisions of subparagraph (2) above, a male officer may pat
frisk ,8 female inmate where:
(a)

the male officer has an articulable basis to suspect that the female inmate may
be in possession of contraband and a female officer is not present at the location
where the pat frisk is to be conducted or, if present, is not available to perform
the pat frisk;

(b)

the male officer is specifically directed or authorized by supervisory staff; or

(c)

in emergency situations.

(4) The Deputy Superintendent for Security or highest ranking security supervisor, upon
written request of a female inmate who has been diagnosed by OMH staff as currently suffering from an Axis I Post Traumatic Stress Disorder (PTSDI in accordance
with the Diagnostic and Statistical Manual of Mental Disorders, 4th ed. (DSM-IV),
shall grant a Cross Gender Pat Frisk Exemption.
(5) When a male officer is to conduct a non-emergency pat frisk of a female inmate
based exclusively upon an articulable basis to suspect that the inmate may be in possession of contraband, the male officer shail record the date, time, place and the reason for the pat frisk on a "Report of Cross Gender Pat Frisk - Female Inmate," Form
1140 CG PF (Attachment" H").
(6) When a male officer pat frisks a female inmate, the officer shall not use the palm of
the hand when frisking the clothed breast area of the female inmate. Instead, the ofticer shall use th~ back and side of the hand only and shail use care not to pat the
clothed nipples of the inmate. When frisking the clothed 'uppe; thigh of a female inmate, a male officer shall use care not to pat the clothed genital area at the inmate.
The officer shall conduct himself professionally, alert to the perceived sensitive nature
of the cross gender pat frisk.
(7) When a male officer is to conduct a non-emergency pat frisk of a female inmate, a
reasonableefiort shall be made to conduct the pat frisk in a location where there is
regular access and traffic by inmates, staff, or both, rather than in a more remote or
less traveled area of the facility.
(81 Whenever, on any tour of duty at a female correctional facility, at least fifty (50) percent of the officers who report for duty are female on that tour, any non-emergency

23

NO, 4910

Control of & Search for _Contraband
PAT~

9/17/01

PAG~

4QF 23

pat frisk of a female inmate during that tOur shall be conducted by a female officer,
except when the pat frisk is based upon an articuiable basis to suspect that the female inmate may be in possession of contraband and a female officer is not present
at the location where the pat frisk is to be conducted and available to perform the pat
frisk. The Watch Commander shall identify the tour of duty in the Watch Commander's log as a "female frisk only" tour.
C.

D.

Mouth Search.

i.

Definition. A mouth search means a visual inspection of an inmate's mouth. An inmate will
be required to open his or her mouth, remove any dentures, move the tongue up and down and
from side to side, and then using a weak hand, pull down the lower lip and then pull up the upper lip, exposing the gums.

2.

Application. Except as conducted pursuant to an authorized strip frisk (see sub-section E below), an officer may conduct a mouth search only upon reasonable suspicion that the inmate
may have contraband concealed in his or her mouth. Reasonable suspicion may be drawn
from an unnatural facial appearance or unnatural sound when talking; or from refusal to talk; or
by observing the inrt,ate putting his or her hand or fingers in his or her mouth; or by receipt of
information from a reliable informant that the inmate may be concealing contraband in his or
her mouth.

"Strip search"

i .

Definition. 1'. strip search means a search of an inmate's clothes once they are removed and a
v',sual inspection of the inmate's naked body.
Except as noted, the inmate is not required to display body cavities or perform any other physical acts as described under "strip frisk" in sub-section E below. However, the inmate may be
subjected to an inspection of his or her mouth, ears, hair, hands, armpits and feet as part of a
routine block search (see Section V-A).

2.

Application. A strip search may be made of inmates:
-when specifically authorized Isee Sections IV and V) or upon a finding of probable cause (see
sub-section F below); and
-only in accordance with the strip search/strip frisk guidelines (see sub-section G below).

E,

"Strie frisk"
1.

Definition. A strip frisk means a search of an inmate's clothes and body including a visual inspection of body c~vities, For a maie this involves one or more of the following procedures: a
mouth search (see below'). running his hands through his hair, allowing his ears to be visually
examined, lifting his arms to expose his armpits, lifting his testicles to expose the area behind
his testicles, and bending over and spreading his buttocks to expose his anus to the frisking
officer. For females the procedures are similar except that females must also squat to expose
the vagina.
'Mouth Search. Before removing his shorts Ifor men) or her bra and panties Ifor womenl, an
inmate will be required to open his or her mouth, remove any dentures, move the tongue up
and down and f~om side to side, and then using a weak hand, pull down the lower lip and then
pull up the upper lip, exposing the gums.

2.

Application. A strip frisk may be made of inmates:
-when specifically authorized Isee Sections IV and VI or upon a finding of probable cause (see
sub-section F below); and
wonly in accordance with the strip search/strip frisk guidelines (see sub-section G below}.

NO. 4910

Control of & Search for Contraband

9/17/01
DATF

F.

PAGE

~

Qf: 23

"Probable Cause" for Strip Search Dr Strip Frisk.
1.

Where an officer believes an inmate is hiding contraband on his or her body or in ana!, genital

or Dther bDdy cavities, the officer must repDrt this 10 a sergeant or higher ranking Dfficer to secure permission to conduct a strip frisk.

2.

A sergeant or higher ranking officer has "probable cause" when he Dr she has information that
wDuld lead a reasDnable person whD possesses the same expertise as the official to believe
under the circumstances that the inmate is hiding cDntraband Dn his Dr her bDdy or in the anal,
genital, Dr other body cavity area. Mere suspiciDn Dr belief, unsuppDrted by articulable fact, is
insufficient.

3.

If the sergeant Dr higher ranking officer finds probable cause and directs the officer tD proceed
with a strip search or strip frisk, he or she must record the reason fDr finding probable cause
on a "Report of Strip Frisk/Strip Search," Form 1140 IAttachment AI. This report also dDcuments the inmate's name and number; the time, place, and type Istrip search or strip frisk) of
search; whether force was used; the name and ranks of person(s} conducting and present at

the search; and the results of the search.
G.

The sergeant must sign this repDrt.

Guidelines for Strip Searches/Strip Frisks
1.

Staff DemeanDr.
a.

Only a correction ofiicer who is conducting the irisk and a supervisor oi the rank of sergeant or higher may be present and able to see the Inmate during a strip search or strip
irisk unless:
(I) an,inmate has a record of resistance to strip searches, strip frisks, or a record of assaults or attempted assaults on correction officers, or the inmate indicates he will actively res"lst the search; or

12) a major disturbance Di the iacility requires that inmates be held and searched in
groups.

2.

b.

Strip searches Dr strip irlsks shall be conducted by an Dfficer or employee of the same sex
as the inmate being searched.

c.

In performing a strip search or strip irisk, oiiicers shal enduct themselves proiessiDnally.
Oificers shall be alert to th e sensitive nature oi the Stl,~ search or strip irisk and conduct
such searches in a manner least degrading to all involved.

LocatiDn/Privacy.
a.

Every precautiDn shall be taken to conduct strip searches and strip irisks in an area or location which provides privacy.
In IDcations normally used ior conducting strip searches or strip irisks, access and traiiic
by inmates other than those being strip searched or strip iris ked shall be limited to the extent possible.
When it is necessary to cDnduct a strip search Dr strip irisk outside the facility, the search
or irisk shall be cDnducted in private.

b.

Strip searches or strip frisks shall be conducted in locations heated to a level oi human
cDmfort ior disrobed persons.

c.

In locations normally used ior strip searches or strip irisks, the iloor shall have a covering
suiiicient to protect bare feet irom the chill oi the iloor.

d.

In IDcations normally used ior strip searches or strip irisks, provision shall be made ior the
placement of the inmate's clothing off the rioor. If conducted elsewhere, provision shall
be made ior placement of the inmate's clothing oii the iloor.

e.

Locations normally used iDr strip searches or strip irisks shall be kept clean and iree irom
dust and accumulations of dirt and grime. Such areas shall be cleaned at least once daily

NO 4910

Control of & Search for Contraband

9/17/01
PATE

PAGE

§

Of 23

either beft?re commencing the day's strip searches or strip frisks or at the conclusion of

the day.
3.

4.

5.

Inmate-Staff contact.
a.

When inmates cooperate in the conduct of the strip search or strip frisk. the inmate's
body shall not be touched except to run fingers through the inmate's hair if necessary.

b.

When conducting a strip frisk, visual inspection of the anal cavity shall be accomplished
by having the inmate bend over and spread the buttocks. For purposes of visual inspection of the vagina, female inmates shall squat and spread their legs.

Use of Force in the Conduct of a Strip Search or a Strip Frisk
a.

When a strip search has been authorized by a supervisor of the rank of sergeant Or higher
and the inmate refuses to submit to the search, a supervisor will be notified and the inmate's refusal will be considered to constitute probable cause to conduct a strip frisk.

b.

If force is used to complete the strip frisk, the force used shall be in accordance with Directive #4944, "Use of Physical Force."

c.

The inmate's clothing will be removed with the exception of undershorts for males - bra
and panties for females. The inmate's mouth shall be forced open by an employee wearing disposable single-use plastic or rubber gloves for each Inmate. Once the mouth inspection is complete, the undergarments will be removed, and the remainder of the strip
frisk completed.

d.

The employee who spreads the inmate's buttocks for a visual examination of his/her anal
cavity shall wear disposable single-use plastic or rubber gloves for each inmate.

e.

Where force is used to perform a strip frisk. the incident shall be reported as set forth in
Directive #4004, "Unusual Incident Report."

Documentation.
a.

Form 2063. A "Certificate of Search," Form 2063 {Attachment "C"I, is to be completed
for all inmates who, when leaving the facility, receive a strip frisk or strip search.

b.

Form 1140. A "Report of Strip Frisk/Strip Search," Form 1140 (Attachment "A"I, is to be
completed for all inmates who receive a strip frisk or strip search after a finding of probable cause. ,

c.

H.

Each facility Captain or highest ranking security supervisor shall be responsible for completing a monthly report of monitoring activities and submitting it to the Deputy Superintendent for Security (or Supt. in those facilities without a DSSI for review, approval and
filing. These reports will be made available for review by visiting Central Office staff and
submitted to Central Office upon request of the Director of CERT Operations.

"Body cavity search" (See Attachment E, Division of Health Services Policy Manual, Item "Body
Cavity Searches.")
1.

Defined. A body cavity search means a physical examination of an inmate's anal and/or genital cavities by a physician.

2.

Authorization.
a.

Single inmate. A body cavity search may not be performed except upon the explicit
authorization of the Superintendent, Acting Superintendent. or Facility Officer of the Day.
The Superintendent, Acting Superintendent, or Facility Officer of the Day shall not authorize a body cavity search without having first been advised of all circumstances and will
base the decision upon evaluation of those circumstances, with particular consideration of

the intrusiveness of 8 body cavity search after consultation with a Central Office physician. A body cavity search shall be conducted by 8 facility physician under Central Office
physician guidance,

NO, 4910

Control of & Search for Contraband
Qt.T'"

b.

9/17/01

PAGE 7 OF 23

More than one inmate. In instances when a body cavity search is requested or suggested
for more than one inmate in a single incident, the Superintendent, Acting Superintendent,
or the Facility Officer of the Day must gain authorization from the Deputy Commissioner
for Correct'lonal Facilities or, during non-business hours, the Departmental Officer of the
Day.
The Deputy Commissioner for Correctional Facilities or the Departmental Officer of the
Day shall not authorize a body cav'lty search without hav'lng first been advised of all circumstances and will base the decision on evaluation of those circumstances, with particular consideration of a) the intrusiveness of a body cavity search, b) the number of inmates
to be searched, c) the imminence and seriousness of the danger of the contraband, d) the
likelihood that the contraband was secreted in the body cavities and has not been disposed of, and e) the possible use of less intrusive searches to either discover the contraband or a narrowing of the group to be searched.

3.

4.

Applicat'lon. A body cavity search may be authorized only in circumstances where there are
compelling reasons to believe that the inmate or inmates to be searched have secreted contraband in a rectal/vaginal cavity, the nature of which constitutes a clear threat to the safety and
security of the facility and/or a threat to the safety and well-b~ing of any person. Compelling
reasons are l'tmited to:
a.

a foreign object's presence is indicated by a metal detector but is not visible during a strip
frisk;

b.

a foreign object is observed to be present during a strip frisk;

c.

intelligence information possessed by facility administration and/or staff indicates the
probability of the presence of contraband in the body cavities of the inmate or inmates to
be searched; or

d.

probable presence of contraband in the body cavities of the inmate or inmates to be
searched is indicated by other observations such as unusual gait, indications of discomfort, particularly while walking or sitting, unusual posture, etc.

Procedure.
a.

This search shall be conducted in accordance with professional standards and in compliance w'lth the Health Services protocol (see Attachment E) regarding body cavity searches
which provides, in pertinent part: "This procedure shall be conducted by a facility physician under Central Office physician guidance." The examination must be accomplished in
an appropriate examining room using acceptabie aseptic techniques for such an exam,
i.e., draping, positioning, explanation of the procedure to be performed. One Correction
Officer of the same sex as the inmate must be present as a witness.

b.

Prior to conducting a body cavity search, the physician must hplain the process to the inmate and the inmate must be given the opportunity to yield the contraband voluntar'tly. If
the search is for a specific item which is voluntarily yielded, the search shall not continue.
Force should not be used to complete a body cavity search.

c. , Every precaution shall be taken to ensure as much privacy as is possible under the
circumstances.
d.

l.

On all occasions that a body cavity search is conducted, the incident must be reported,
through the unusual incident process under incident type 1122 specifying body cavity
search, to the Department's Communication Control Center with the follow-up submission
of the required Unusual Incident Report (see Directive 114004, "Unusual Incident Report").

"Radioloaical detection search"

1.

Defined. A radiological detection search means an internal search of the inmate's person via
the use of equipment such as X-rays.

Control of & Search for Contraband

NO. 4910

nAIf

2.

9/17/01

PAGI: 8 QF 23

Authorization. A radiological detection search will be performed only with the express authorization of the Superintendent, Acting Superintendent, or Facility Officer of the Day, and only after consultation with the facility's Health Services Director or his or her designee to ensure
that such a search will not be injurious to the inmate's health,
The Superintendent, Acting Superintendent, or Facility Officer of the Day shall nOt authorize a
radiological detection search without having first been advised of all circumstances and will
base the decision upon evaluation of those circumstances, with particular consideration given
to the sensitivity of a radiological detection search.

3.

J.

IV.

Application. A radiological detection search may be authorized onlyin circumstances where
there are compelling reasons to believe that the inmate or inmates to be searched have se·
creted in their bodies contraband, the nature of which constitutes a clear threat to the safety
and security of the facility andlor a threat to the safety and well-being of any person.

Native American medicine bag search.

1.

A Native American shall hold his or her medicine bag open for visual inspection by the correction officer. If the inmate is not present or if special security concerns exist (e.g. the Native
American inmate refuses to open the medicine bag or threatens, assaults or attempts to as·
sault staff or other inmates; or the inmate or the medicine bag pose a threat to the safety and
security of the facility}, then the medicine bag may be held open by the chaplain. If the chaplain is not available, the bag shall be secured by the correction officer in an area designated by
the deputy superintendent for security until the chaplain is present. If exigent circumstances
exist, however, the superintendent may authorize the search of a bag without a chaplain, provided a lieutenant or higher ranking officer is present when the bag is opened for visual
inspection.

2.

A medicine bag may be scanned al any time with a metal or other electronic detector.

3.

The contents of a medicine bag may be tested for illegal substances if contraband is suspected, pursuant to the provisions of Directive #4938.

SITUATION SEARCHES
A.

Transfer. When an inmate is transferred from one DOCS facility to another, he/she will be strip
frisked and subjected to a metal detector search at the facility from which helshe is being transferred. The officer conducting the search shall file Form 2063 (formerly 1-631. "Certificate of
Search" Isee Attachment C}. In the absence of probable cause, the inmate will not be strip
searched or strip frisked at the receiving facility. A metal detector search will be conducted by the
receiving facility. If it becomes necessary to conduct a clothing exchange, the inmate will not be
required to remove his or her underwear (undershorts-males I bra and panties-females!.

B.

Contact visits. All inmates in medium and maximum facilities shall be strip frisked and subjected to
a metal detector search after a contact visit. They may not be strip frisked after non-contact visits.
(See also sub-section I below)

C.

Attorney visits. Inmates have the option of having non-contact visits with attorneys. In the absence of probable cause, no strip searches or strip frisks may be conducted after non-contact attorney visits.

D.

Special Housing Units - (Disciplinarv andlor Protective Custody) Frisks
1.

An inmate is to be "strip frisked" and subjected to a metal detector search on reception in the
special housing unit, disciplinary andlor protective custody, and in accordance with sub-section
I (below) after visits. Note: Form 1140-SHU/MHU (see Attachment G) must be completed,

2.

An inmate is normally to be "pat frisked" and hand scanned with a metal detector before leaving the special housing unit or upon returning to the special housing unit from any activity
within the facility.

3.

When an inmate is transferred from one facility SHU to another facility SHU, he or she will be
strip frisked On exiting the facility but may not be strip searched or strip frisked upon entry to

NO. 4910

Control of & Search for Contraband
pATE

9/17/01

PAG'" 9 QF 23

the receiving facility andlor its SHU in the absence of probable cause. If it becomes necessary
to conduct a clothing exchange, the inmate will not be required to remove his or her underwear (undershorts-males I bra and panties-females).
4.

No other "strip search" or "strip frisk" of an inmate in a special housing unit may be conducted
unless in accordance with other provisions

E.

F.

of this directive.

Work Release Facility Restriction/Secure Units.

1.

Inmates admitted to restriction units will be strip frisked and undergo a metal detector search.
Form #1140-WRF (Attachment A) will be completed for each event.

2.

Inmates on restriction who are placed off the unit because of an overflow will be strip frisked
and undergo a metal detector search upon their return to the restriction unit since they would
have stayed in open housing overnight.

Psychiatric Housing.
1.

Each inmate admitted to an individual cell shall be subjected to a strip frisk (use Form
1140-SHU/MHU).

2.

An inmate placed on a suicide watch shall be subjected to a strip frisk regardless of the physical location of the watch (use Form 1140-SHU/MHU).

3.

An inmate admitted to a dormitory or multiple occupancy housing unit may only be subjected
to a strip frisk/strip search upon probable cause (use Form 1140).

G.

Release without correctional supervision. An inmate may be strip frisked and subjected to a metal
detector search upon return to a correctional facility from a period of temporary release, furlough,
work release. etc. When leaving the facility, the inmate will not be strip searched or strip frisked.

H.

Escorted trip.
1.

Departure. Each inmate scheduled for an escorted trip shall be subjected to a strip frisk prior
to departure.

2.

Enroute. While outside the facility, a correction officer may authorize or conduct a strip search
or strip frisk upon a finding of probable cause only if a supervisor of the rank of sergeant or
higher is not present and a reasonable attempt has been made to contact a supervisor of the
rank ar sergeant or higher. The officer shall prepare Form #1140, "Report of Strip Search or
Strip Frisk,"

3.

Return. Upan return, the escarting officer shall contact a sergeant or higher ranking officer to
request authorizatian for a strip frisk or strip search if, during the outside trip, the escorting officer has:
a.

lost sight of the inmate or his or her hand movements, and

b.

believes the inmate has contraband.

If the sergeant or higher ranking officer directs a strip search ar strip frisk for reasons a. and
b., they shall prepare Form #1140, "Report of Strip Search or Strip Frisk" to document their
authorization and the reason!s) for the search or frisk of the specified inmate. .

I.

Visits. For the purpose of this section, a visit is defined as a meeting between an inmate and his
family, friends, legal counsel, and any other authorized persons 'w, an area designated for this purpose. Search procedures for visilOrs are set forth in Directive #4403, "Inmate Visitor Program."
Note: Visiting area is to be searched for contraband prior to visiting hours and after visiting hours
before porters clean same.
Note: In female facilities where babies are in residence and along with the rrwthei visit a third

party, the infant will be searched in the same manner as the mother.

NO 4910

Control of & Search for Contraband
pAIF:

1.

2.

9/17/01

~Ar;F

10 Q1= 23

Maximum and Medium Security Facilities
a.

Prior to a visit, an inmate is to receive a "pat frisk." The inmate shall then either be
passed through a walk-through detector or scanned thoroughly with a hand-held metal detector. In addition, the B.O.S.S. chair may be utilized.

b.

After a contact visit, an inmate shall be "strip frisked." The inmate may not be "strip
frisked" after a non-contact visit.

Minimum Security Facilities and Camps
a.
b.

An inmate shall receive a "pat frisk" and metal detector search before and after a visit in a
minimum security facllity.
An inmate may receive a "strip frisk" after a visit in a minimum security facility per
authorization by a supervisor, rank of sergeant or above.

3.

J.

Community-Based Facilities
a.

An inmate shall not receive a "pat frisk" before a visit in a community-based facility unless
so ordered by the Superintendent or designee.

b.

An inmate shall receive a "pat frisk" and metal detector search after a visit in a
community-based facility.

c.

An inmate shall not receive a "strip frisk" after a visit in a community-based facility unless
so ordered by the Superintendent.

Drug & Special Watches - Temporary Isolation. This section applies to those circumstances requiring the temporary isolation of an inmate when there is "probable cause" to believe that the inmate
has either ingested a contraband item or inserted a contraband item into the rectal cavity ..
1.

Authorization. Admission to temporary isolation shall only be authorized by the Superintendent, Acting Superintendent, Deputy Superintendent for Security or Officer of the Day.

2.

Location. Each facility shall identify a cell(s) or room(s) for the purpose of placing a suspected
inmate in temporary isolation on a drug or special watch.
Such ceills) or room Is) shall be located in an area des',gnated by the Superintendent.

3.

Furnishings.
a.

The cellls) or room Is) will be furnished with a bed mattress, pillow, bed linen, blanket and
a bedpan.

b.

The inmate will not be permitted his or her personal clothing. S/he shall be provided with
hospital clothing or:
set underwear;

1 pair pants or skirt;

1 pair slippers;

1 pair socks

1 shirt or blouse;
c,

4.

The inmate shall be issued the following personal hygiene items:
1 bar hand soap

toothpaste and/or denture cleaner and

toothbrush

1 hand towel

Procedure.
a.

The toilet water supply shall be turned off.

b.

The drug/special watch room shaJI be thoroughly searched prior to and at the conclusion
of the watch. The person performing the search shall record the date, time and findings
in the Drug/Special Watch Jog book.

c.

The inmate shall be subjected to a strip frisk prior to entering the drug/special watch
cell/room luse Form 1140).

NO 4910

Control of & Search for Contraband

9/17/01
d.

FAGl< 11 OF 23

The inmate shall remain isolated for a period not to exceed 48 hours unless;
(1) a defecation containing contraband occurs, in which case the inmate will be retained
until two negative defecations occur; or
(2) two negative defecations do not occur within 48 hours, in which case the inmate will
be retained until two negative defecations oc"cur; or

131 a radiological detection search conducted pursuant to section 111-1 of this directive indicates the presence of a contraband item which remains in the inmate's body. In
this case, the temporary isolation may continue for up to 7 days with the written approval of the superintendent or his/her designee.

V.

e.

In any case where the temporary isolation period exceeds 24 hours, a member of the facility health services statt shall visit the inmate at least once every 24 hours.

f.

A chronological log shall be maintained which shall include, but not be limited to, visits by
medical and/or other statt, negative defecation, defecation containing contraband, Unusual Incidents, or an incident relative to the situaflon.

g.

A "Drug/Special Watch Isolation Report," Form 2147 (Attachment "D") shall be completed
in duplicate upon conclusion of the inmate's temporary isolation. The original shall be forwarded to the Superintendent and a copy to the guidance and counseling folder.

h.

Instructions: Officer assigned to supervise special drug watch will instruct inmate that
upon defecation, he/she is not to wipe himself/herself nor reach around to touch his/her
rectal area until the inmate passes the bedpan, with defecation sample, to the officer for
inspection. The otticer will then give the inmate a clean bedpan and toilet paper for use.
The officer is responsible for searching the fecal matter for contraband. The officer shall
wear rubber gloves and search for contraband using a tongue depressor. If contraband is
found, it shall be processed in accordance with Section VI of this directive.

SEARCHES OF FACILITY SPACES
A.

Routine/Scheduled Searches
1.

Routine Block Searches. A routine block search is an area search involving inmate living quarters in which housing units (e.g. a tier of cells, company, pod, etc.) are periodically searched in
accordance with a schedule issued by the Deputy Superintendent for Security or equivalent.
During a routine block search, each inmate present may be strip searched and subjected to an
inspection of his or her mouth. ears, hair, hands, armpits and feet.
During such searches, a supervisor will make rounds of each gallery or housing unit area upon
completion of that area being searched to determine if any complaints exist. The supervisor
will document his or her round/inspection in the unit log. Documentation by supervisor will be
made in red ink.

2.

Routine Cell Searches. Each day, the living quarters of a number of inmates in each housing
unit will be searched by correctional employees in accordance with a schedule issued by the
Deputy Superintendent for Security Services or equivalent. This schedule will ensure that each
inmate's cell, cube or room is randomly searched within a specific timeframe.
Inmates present shall be pat frisked and may also be scanned with a hand-held metal detector.

3.

Security Inspections. Regular inspections of bars, gates, fences, windows, locks/locking
mechanisms. interior/exterior/perimeter walls, secure cabinets, vents, lighting/plumbing fixtures, etc., are considered fundamental in the proper maintenance of secure correctional facilities. All staff are responsible to ensure that any obvious or suspected breaches of security are
reported immediately to 8 Security Supervisor. Additionally, the Deputy Superintendent for Security shall establish a schedule for security inspections of inmate living quarters and security
control points to ensure that all security apparatus and living quarters equipment are present,
intact and functional. Such inspections will occur at a minimum once per week. The time and
day of the inspections must be varied so as not to establish a predictable pattern. Any

NO 4910

Control of & Search for Contraband
DATE

9/17/01

PAf7E 12 Q~ 2J

contraband observed in inmate living quarters or concealed in cell equipment will be immediately confiscated by the Officer performing the search and properly processed. The results of
each security inspection will be reported in writing to the Superintendent.
B.

Unscheduled/Response·Tvpe Searches.
1.

Area Searches. "Area search" means a large specified area of a facility is to be searched due
to an incident or series of incidents le.g. shop area, kitchen, mess hall, housing unit).
An area search may be authorized by the facility Superintendent. A similar search of a smaller
area of the facility, such as a shop, a tier of cells, recreation yard, etc., may be authorized by
the Deputy Superintendent for Security Services.
When an area search has been authorized, the Superintendent must enSUre that it is carried
out by designated correctional personnel under close supervision. It should be scheduled to
minimize disruption of regular operations and be accomplished in the shortest time possible.
Inmates present shall be pat frisked and may also be scanned with a hand·held metal detector.
Note: Strip searches or strip frisks may not be conducted without the expressed consent of
the Deputy Commissioner for Correctional Facilities (see Section V-B-3l.

2.

Overall Search. "Overall search" means the search of the entire facility. An overall search of
a facility may be undertaken only after the Superintendent consults with the Deputy Commis·
sioner for Correctional Facilities and receives authorization. The reason for this search must be
clearly delineated by the Superintendent and will be directly related to the facility's safety, security, and operations.

3.

Search in Response to Maior Threat. In response to a major threat to the security of a facility,
the Commissioner or the Deputy Commissioner for Correctional Facilities may authorize an
overall or area search and a strip frisk of the inmates present.
Note: Only the Commissioner or Deputy Commissioner for Correctional Facilities can authorize
the strip frisk or strip search of a group of inmates in conjunction with an overall or area

search. If the Superintendent finds probable cause, he or she shall request approval to con·
duct this search/frisk from the Deputy Commissioner for Correctional Facilities.
Example of a "major threat:" An inmate is stabbed on a gallery or in a dormitory. In the after·
math of the incident, the gallery is sealed off and the facility requires-all inmates to be strip
frisked to search for weapons.

4.

Unscheduled Cell Searches. An unscheduled search of the living quarters of an inmate shall be
conducted only when there is a reasonable suspicion that contraband is contained in the hous-

ing unit. Such. search must be authorized by a supervisor except that when there are reason·
able grounds to believe that a search is immediately necessary to prevent death, injury, or the
destruction of contraband, the employee may conduct the search and then submit a written report to his or her supervisor explaining the urgency of the search and its results.
C.

D.

Placement of Inmates.
1.

General Confinement. The search of a general confinement. housing unit may be conducted
with or without the inmate being present. If the inmate is removed from quarters prior to the
search, he or she shall be placed outside the immediate area to be searched but allowed to observe the search. However, if, in the opinion of a supervisory security staff member, the inmate presents a danger to the safety and security of the facility, the inmate shall be removed
from the area and not allowed to observe the search.

2.

Soecial Housing. The search of a special housing unit cell shall be conducted with the inmate
removed from the cell for the duration of the search. The inmate shall be placed in a vacant
cell and not allowed to carry anything. If a vacant cell is not available, the inmate is to be
taken to the far end of the tier and held for the duration of the search.

Relioious Areas. Prior to beginning any search in a facility religious area (protestant Chapel, Catholic Chapel, Mosque, Native American group locker, etc.1. the supervisor in charge of the search will

NO. 4910

Control of & Search for Contraband

9/17/01
DATF

PAG" 13

Qt::

ensure that a member of the facility Ministerial Services staff is physically present to properly safeguard legitimate religious artifacts. If an emergency condition exists, the Superintendent may
authorize the search of the facility religious area without the presence of the facility Ministerial
Services staff, however a lieutenant or higher ranking officer will be present.
The supervisor in charge of the search shall maintain open communication with the Ministerial Services representative throughout the duration of these area searches.
Whenever the representative of Ministerial Services and the supervisor in charge are unable to
agree on procedural matters, it shall be the responsibility of the supervisor to contact the Deputy
Superintendent for Security Services for resolution.
E.

Searches of Quarters and Prooerty. The search of an inmate's living quarters shall be thorough and
orderly. All State and personal property shall be examined carefully.
Whenever the religious authenticity of an item found in an inmate's cell is questioned, its authen~
tiDity shall be verified by a member of the facility's Ministerial Services staff.

All searcheS of relig'lous items shall be conducted in such a manner as to respect their religious significance. A Native American's medicine bag shall only be searched in accordance with Section 111_
J above.
Care is to be taken to avoid damage or destruction to property. Every effort shall be made to leave
the living quarters in the same condition they were prior to search. If an inmate's property is damaged, the employee conducting the search shall report it to his supervisor in writing with a copy to
the Deputy Superintendent for Administrative Services.
If possible, items are to be returned to the approximate position in which they were found.
All contraband items found shall be processed in accordance with Section VI, Contraband-Handling
& Disposition. If no item has been confiscated and no misbehavior report written, that fact should
be indicated on a Contraband Receipt, Form #2077 (Attachment FI. and a copy provided to the
inmate.
F.

Documentation.
1.

Unit Logs. The officer in charge of an inmate housing unit shall maintain a log for recording
searches of inmate living quarters. This log shall include:
a.

name and number of the inmate whose living quarters is searched;

b.

date and time of search;

c.

names of officers conducting search;

d.

list of contraband found;

e.

name of supervisor authorizing search; and

f.

list of any State or inmate property damaged.

It is the duty of the sergeant assigned to an inmate housing area to make weekly inspections
of these logs to ensure that all scheduled and unscheduled cell/cube searches are being completed and properly logged. The housing area sergeant is to sign his name in red ink next to
the last entry made at the time of his check and date same,
2.

VI.

Reports of Findings. In addition to log entries and reviews required above and by Directive
#4091, "Log Books," the findings of overall or area searches are to be documented and
promptly reported to the Superintendent. Findings of overall searches shall also be promptly
reported to the Deputy Commissioner for Correctional Facilities.

CONTRABAND - HANDLING/DISPOSITION
A.

Definitionlldentification. "Contraband" meanS any article:
1.

possession of which is prohibited under any law applicable to the general public;

23

NO. 4910

Control of & Search for Contraband
DAIf

9/17/01

FAGI< 14

2,

which is readily capable of being used to Cause death or serious physical injury, including but
not limited to handguns, shoulderguns, cartridges, knives, explosives, or dangerous drugs;

3,

which has been introduced into a correctional facility with the intent to transfer the item to an
inmate without the permission of the Superintendent or his or her designee; or

4,

which is possessed by an inmate without authorization,

aT:

Whenever contraband items are found they should be identified as one of the four categories described above so that they can be handled properly,
S,

Recording/Loaoing, Findings of contraband should be recorded on one or more of the following, depending on identification:
1,

Area log, search log, and any other log kept where search results are recorded and contraband
is secured or destroyed;

2,

Misbehavior Report, Forms #2171,A and #2171,B, when issued, (all artiCles confiscated, contraband or other, shall be listed);

3,

Form #2077, Contraband Receipt (Attachment F) (in instances when a Misbehavior Report is
not issued, the inmate shall be given a receipt for the articles, including information as to their
whereabouts);

4,

Form #1140, "Report of Strip Frisk/Strip Search," if applicable (see Attachment A);

5,

Form #1140-SHU/MHU, "Report of Strip Frisk Upon Admission to SHU/MHU Individual
Cell/Room" (Attachment HI.

6,

Form #2062, "Search Contraband Report," after a search of living quarters (see Attachment
B);

7,

Form #2063, "Certificate of Search," after a search of inmates being transported Isee Attachment C);

8,

Form #2068, "Authorization for Disposal of Personal Property," if the inmate is given a choice
of disposition Isee Directive #4913, "Inmate Personal Property Limits");

9,

Form #2080, "Request for Test of Suspected Contraband Drugs," if appropriate INote: The
chain-of custody is recorded in this form - See Directive #4938, "Contraband Drug Testing");

10, Form #20B1, "Contraband Test Procedure," to record testing and results of suspected contraband drugs; or
11, Form #2147, "Drug/Special Watch Isolation Report," if applicable (see Attachment D),
C.

Storage/Security, Except for trash and items requiring no further action, contraband shall be delivered to and secured in spaces designated by the Deputy Superintendent for Security (e,g, Discipline
Office, DSS or Captain's Office, etc.).
Suspected contraband drugs must be carefully controlled with chain-of-custody and testing documentation as prescribed by Directive #4938, "Contraband Drug Testing:'
When the contraband is such that criminal charges may be brought against the inmate and/or visitor, it is important that the evidence be carefully preserved and the appropriate reports forwarded
as soon as possible to the Deputy Superintendent for Security, The DSS may direct that the evidence be photographed.

D,

Disposition.
1,

Money. If contraband in the form of money is found on the inmate or sewn in the clothing of
an inmate or if it is found in the cell Iroom!. the inmate is to be questioned as to ownership,
a.

If the inmate disclaims ownership, he or she shail sign a disclaimer. Any other report
deemed appropriate shall be completed. The money shall be sufficiently labeled and then
turned over to the fiscal office for safekeeping. (After proper investigation the monies will
be turned over to the State Treasury as miscellaneous receipts on an AC-909 form.)

23

NO. 4910

CONTROL OF & SEARCH FOR CONTRABAND

Page 15

DATE

9/17/01

If the inmate refuses to sign the disclaimer, the staff witness to the refusal shall record
the refusal for documentation purposes.
b.

If the inmate acknowledges ownership, a Misbehavior Report must be filed. The
money is to be sufficiently labeled and then turned over to the fiscal office for
safekeeping.
If, after investigation, the ownership does appear to be the inmate's, a Superintendent's Hearing (Tier 1111 shall be conducted. Money confiscated by disposition of the
Tier III proceed'lng will be turned over to the Crime Victims Fund.

2.

Anonymously received money. Cash, checks or money orders anonymously received via
mail or a package will be confiscated, labeled, and forwarded to the fiscal office for safekeeping. An investigation will be conducted in an attempt to verify the source. If, after
proper investigation, no source is identified, the monies will be turned over to the State
Treasurer as miscellaneous receipts on an AC-909 Form.

3.

Drugs. Any time after 75 days from the date of the misbehavior report submission, drugs
may be disposed of using the following procedures:
a.

At ieast annually, the Deputy Superintendent for Security will arrange with the New
York State Police for disposal of drugs.

b.

Hypodermic needles and other such items which may have been used intravenously
should be turned over to medical staff and treated as hazardous waste.

c.

Other drug paraphernalia which only contains residue may be destroyed with other
contraband.

4.

Alcohol. Once a sergeant or higher ranking supervisor has evaluated any suspected alcohol
or alcohol producing substance and has prepared or caused to be prepared the necessary
documentation to support a misbehavior report, the alcohol or substance can be destroyed.

5.

Other Contraband.

6.

a.

Articles confiscated as potential evidence in criminal proceedings will be turned over to
the arresting or investigating police agency and a receipt obtained and retained on file.
Note: Contraband will be photographed before release to another agency.

b.

Articles confiscated as potential evidence in disciplinary proceedings, other than alcohol or drugs, shall be disposed of as directed by the hearing officer at the conclusion of
the proceedings.

c.

Unauthorized articles, when appropriate, will be turned over for shipment home (using
Form #2068, "Authorization for Disposal of Personal Property"), or stored with the remainder of the inmate's personal property, or destroyed.

Destruction. The Deputy Superintendent for Security, or higher, can authorize destruction
of confiscated article(s). This authorization will be documented and recorded in the inmate's record file. Destruction will be used as the least preferred option.

NO.

4910

CONTROL OF 8. SEARCH FOR CONTRABAlliD

PAIfl / 7

This replaces page 16 dated 9/17/01

/Q ~

STATE OF NEW YORK • DEPARTMENT OF CORRECTIONAL SERVfCES

FORM 1140 (3/00)

REPORT OF STRIP SEARCH OR STRIP FRISK

Ref: Dir.#4910

..... _.

"

BASIS OF SEARCH/FRISK:

B

DATE:
TIME

. .,

:~l:~

.. -.

GIVE REASONS

PROBABLE CAUSE

OTHER

TYPE OF SEARCH

B

STRIP SEARCH

STRIP FRISK
SIGNATURE

AUTHORIZED BY

NAME/RANK OF PERSONlSl CONDUCTING FRISK:

21

11

.
- Ii Other Staff ilre Present, Ust Name/Rank, and Explain Why Their Presence was Necessary and Who Authorized Their Presence:

RESULTS OF SEARCH

WAS FORCE REQUIRED TO COMPLETE THE SEARCH?

DYES DNO
SIGNATURE

Orig.1RC (Inmate File)

cc: Captain lRetain 1 Yr.)

FORM 1140WRF (11/02)

cc: DSS

STATE OF NEW YORK

~

DEPARTMENT OF CORRECTIONAL SERVICES

REPORT OF STRIP FRISK 0111 ADMISSIOIII
RESTRICTIOIII/SECURE UNIT

Ref: Dlr.#4910

INMATE NAME:

DATE:

TIME
FRISK
LOCATION:

DINIt:

TO BE COMPLETED BY THE PERSONISI CONDUCTING THE FRISK/ SEARCH.

NAME/RANK OF PERSONlS) CONQUCTING FRISK:

11

21
- If Other Staff ara Present, List Nome/Rank, and Explain Why Their Presence WIIS NaCll$sary and Who Authorized Their Presence:

RESULT5 OF SEARCH

WAS FORCE REQUIRED TO COMPLETE THE SEARCH?

Drig.IRC

cc: Captain

co: OSS

YES

0

SIGNATURE

N0D

I

NO. 4910
THIS REPI

Form 2062

ACES PAGe 17

DATED

CONTROL OF & SEARCH FOR CONTRABAND

REYlS!QN PAIE

09/1712001

1 ( 7 /03

STATE OF NEW YORK - DEPARTMENT OF CORRECTIONAL SERVICES

(4/02~

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ CORRECllONAL FACIUl'Y
REPORT NO.

_

SEARCH CONTRABAND REPORT

The undersigned hereby certifies that he/she has searched the .area, living quarters and/or the person of the inmates
listed below. Contraband found will be noted below and immediately marked for identification and delivered to

the Deputy Superintendent for Security, Any damaged State and/or personal property shall be noted on Form
#1421 and forwarded to the Deputy Superintendent for Administration and the Deputy Superintendent for Security.

LOCATION

NAME & NO. OF INMATE

CONTRABAND FOUND

DI$PQSIITDN

SEARCHING OFFICER{S)

.

Date I Tune of Search:
Date I Time Search Completed

cc: DSS

Captain

Supervisor Authori::ting Search:

_

NO. 4910
THIS REP! ACES PAGE

FORM. 2063 (7100)

18

DATED

CONTROL OF & SEARCH FOR CONTRABAND

09/1Z12001

1/ 7I03

BE\IISIQN RATE

STATE OF NEW YORK ~ D'£PARTMENT OF CORRECTIONAL SERVICES

TRANSFERRING FACILITY,

DESTlNATIONFACILITY, ~

PAGE

OF

The undersigned hereby certify that they have personally searched the inmate(s) whose name(s) and Department Identification

Number(s) appear(s) below on

and who left at _ ' _ a.m.lp.m. ou;-;-;-

--,-_=_.,-

and that, with the exception noted under "Search Results," no iu.'itruments or weapons by means of which escape may be effected or
contraband articles were found.

PERSONAL PROPERTY
CERTIFICATE OF SEARCH

ro

>
0

Sf.ARCH RESULTS

NAME.LAST,FlRST

D~

0

nus PROPERTY HAS BEEN TRANSPO;<TED IN 0Q0l) CONPmQN

o

NAMEDI' OfFICER RESI'ONSIBLE fOR TRANSPORTATlON

EO DY
lJ)
..J

<0:
f-

0

f-

RECEIPT .

ONO'OF

o

-=
Ne.HAas or
PERS.PROP.

TOTALS

SEE ATTACHED

SJCNATUltE

NAME OF RECEIVING FACILITY (#1)

o
o

NO.a.OXES Of
RECORDS

NO. Of MUSlC
IN5lRUMEN1'S

o

NO.OF

ENVaOeE'

OI'lO.Of
TYl'ewRrrcltS

~

SIGNA TURE OF PERSON COND1JCTING FRISK

o
o

(#2)

>NO,OFCOURTi
PAROLIBOXES

"" '''''
"
i::

W

NO.orllAOS
MEDICATIONS

W SIGN

";"';;

DATI

TIM£

>-

"'"
"'W
""'

w

DiS!:

WHITE (Superintendent ofTransfelTing Facility)
CANARY (Officer in Charge ofTransfer)
PINK (Receiving Facility)
GOLDENROD (lntennediate Receiving Fac.ility)

NM<E

i::
N

~

SIGN

PATE

TIME

'13c:"

~

n

m

>
~

~

'"

~

~

'"'""
w

NO 4910

Control of & Search for Contraband

Attachment 0

9/17/01
PAGE 19 llF

FORM 21.47 {2/S0)

S7ATE OF NEW YORK· DEPARTMENT OF CORRECTIONAL SERVICES

DRUG/SPECIAL WATCH ISOLATION REPORT

NUMBER:

INMATE NAME:

71ME,

DA7E,

LOCA710N,

AUTHORIZED BY,

Name and

i i1Je

BASIS OF PROBABLE CAUSE,

MEOICATION ADMINISTERED {IF ANY)
CONTRABAND RECOVERED (IF ANY):
NAMEfTJTLE OF PERSON(S) CONDUCTJNG INSPECTION

IF TEMPORARY ISOLATION EXCEEOS TWENTY FOUR HOURS, A MEMBER OF THE FACILITY HEALTH SERVICES S7AFF SHALL VISIT THE
INMA7E AT LEASTONCE EVERY 24 HOURS. SUCH VISITS SHALL BE DOCUMENTED ON A CHRONOLOGICAL LOG MAINTAINED AT

THE SITE OFTHETEMPORARY ISOLATION.

RELEASE AUTHORIZED BY,

Name and TItle

RELEASED:

. Date

DISTRIBUTION·

Whil£;
YeHow

.Supllrlruenoent
.G"idan:;e ant:! Coun~ellOg FOloer

Date

U

NO 4910

Control of & Search for Contraband

Attachment E
p"Tf

New York State
Department of Correctional Services
Division of Health Services

POLICY
Supcrsedes:

PM 1.37, dated 10118/93

References:

Deparonental Directive #4910

Approved by:

/':':,

~

•

Title;

9/17/01
~;'Ar~l:"

20 QF' 23

Body Cavity Search
Number

Section:

1.37

He.:alth Care Services
Page

1 of 1

Dat<:: 9f20195

.

POLlCY:
. Body cavity searches may be authorized when there is imminent danger to an inmate's
health or facility safety. The procedure may only be conducted once all other means have been
exhausted and Central Office Health staff have been consulted.

PROCEDURE:
A body cavity search is a physical examination of an inmate's anal andlor genital
cavity. A body cavity search may not be performed except upon the explicit authorization of
the Superintendent, Acting Superintendent or facility Offlcer of the Day after consultation with
a Central Office physician. This procedure shall be conducted by a facility physician under
Central Office physician guidance,
Prior to conducting the exam, the physician must explain the process to the inmate. At
thiS time, the inmate should be given the opporrunity to yield the contraband. Force should
not be applied to complete the body cavity search as this may cause hann to the inmate's
health. The exam must be conducted in a private environment with the inmate appropriately
draped. A Correction Officer, the same sex as the inmate, shall be present during the exam.
Documentation of the body cavity search is done in the inmate's Ambulatory Health
Record (AHR). In~ividuals authorizing search, length of time of search, individuals present
during search and outcome of search, must be documented.

NO 4910

Control of & Search for Contraband

Attachment F

FORM ~2077 IRev. 8/011

9tl.7/0l

NEW YORK STATE • DEPARTMENT OF CORRECTIONAL SERVICES

CONTRABAND RECEIPT

[ DATUTIME

i

I

LOCA i ION

_ _ _ _ _ _ _ _ _ _ CORRECTIONAL FACILITY

Original· Inmate
Copy ·D.S.S.

OFFICER CONDUCTING SEARCH

SIGNATURE

I

I DINt

INMATE NAME:

o

NO CONTRABAND FOUND

o

'-'-EMS CONr:1SC.ll,TED OR DAMAGED

NO PROPERTY DAMAGED DURING SEARCH

PRiNT NAME

COMMEN'S

WHERE FOUND

.

DISPOSITJON OF ITEMS LtSTED

PERSON RECEIVING ITEMS

SIGNATURE

,

YOU MAY WRITE TO THE DEPUTY SUPER!NTENDENT FOR SECURITY WiTHIN 7 DAYS
OF THIS RECEIPT REGARDING THE CONFISCATION OR DISPOSITION OF THESE ITEMS.

PRINT NAME

I,D 4910

Control of & Search for Contraband

Attachment G

STATE OF NEW YORK

9/17/01

22

Of

23

DEPARTMENT OF CORRECTIONAL SERVICES

FORM 1140·SHU 12/001

REPORT OF STRIP FRISK
ON ADMISSION TO SHU OR MHU CELl/ROOM

Ref: Dlr.#4910

PAr::~

OATE:

,

!=-RISK

LOCATION:

DIN#·

INMATE NAME:

TIME

I

===1

TO BE COMPLETED BY THE PERSON lSI CONDUCTING THE FRISKI SEARCH.

NAME/RANK OF PERSONiSj CONDUCTING FR1SK:

21

11

1
•• II Othe: Staii are Present, list Name/Rank, and Explain Why Their Presence was. Neces.sary ar,d Who Authorized Their Presence:

I

I

I

RESULTS OF SEARCH

WAS FORCE REQUIRED TO COMPLETE THE SEARCH?

Orig.IRC

cc: Captain

cc: DSS

YES

0

SIGNATURE

NOn

LJ

NO

4910

Control of & Search for Contraband

Attachment H

STATE OF NEW YORK· DEPARTMENT OF CORRECTIONAL SERVICES

FORM 1140 CGPFI4/001
Ref: Dir .#4910

9/17/01

REPORT OF CROSS GENDER PAT FRISK

FEMALE INMATE
DATE:

I OINt'.

INMATE NAME:

i

ITIME:

I
lOCATION OF PAT FRISK:

I

This form is to be used whenever a male officer conducts a non-emergency pat frisk of a female inmate based
exclusively upon an articulable basis to suspect that the inmate may be in possession of contraband.
REASONIS) FOR SUSPECTING THIS INMATE POSSESSED CONTRABAND:

ANOTHER FEMALE OFFICER WAS NOT PRESENT AT THE LOCATION WHERE THE PAT FRISK WAS CONDUCTED OR, IF PRESENT,
WAS NOT AVAILABLE TO CONDUCT THE PAT FRISK.

RESULTS OF SEARCH:

-,

_

SIGNATURE

NAME/RANK OF PERSON CONDUCTING PAT FRIS":

Orig. IRC (Inmate File)

cc: Captain {Retain i Yr.}

cc: DSS

 

 

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