Colorado Department of Corrections PDF - Facility: Contraband List

ADMINISTRATIVE REGULATION COLORADO DEPARTMENT OF CORRECTIONS RELATED STANDARDS: ACA Standards: 2-CO-3A-01, CO-3C-01, 5-ACI-3A-19, ACI-3A-20, 5-ACI-3A-21, ACI-3A-42, 5-ACI-3D-17, ACI-7D-08 OPR: DOP I. REVIEW MONTH: NOVEMBER 2555- REGULATION NUMBER PAGE NUMBER 300-06 1 OF 14 CHAPTER: Facility Security...

ADMINISTRATIVE REGULATION COLORADO DEPARTMENT OF CORRECTIONS RELATED STANDARDS: ACA Standards: 2-CO-3A-01, CO-3C-01, 5-ACI-3A-19, ACI-3A-20, 5-ACI-3A-21, ACI-3A-42, 5-ACI-3D-17, ACI-7D-08 OPR: DOP I. REVIEW MONTH: NOVEMBER 2555- REGULATION NUMBER PAGE NUMBER 300-06 1 OF 14 CHAPTER: Facility Security SUBJECT: Searches and Contraband Control EFFECTIVE DATE: November 15, 2023 SUPERSESSION: 10/01/21 Moses (André) Stancil Executive Director POLICY It is the policy of the Colorado Department of Corrections (DOC) to provide for searches of facilities and offenders to control contraband and provide for its disposition. [2-CO-3A-01] [2-CO-3C-01] [5-ACI-3A-19] II. PURPOSE The purpose of this administrative regulation (AR) is to define contraband, contraband disposition, and various types of searches, and provide guidelines for conducting searches. The DOC provides for preservation, control, and disposition of all physical evidence obtained in connection with a violation of law and/or facility regulation. [5-ACI-3A-42] [2-CO-3C01][5-ACI-7D-08] III. DEFINITIONS A. Assistive Device: A tool that enables or assists a person with a disability to complete a task, accomplish a daily living activity, or communicate with others. Such devices may include, but are not limited to: auxiliary aides; adaptive, rehabilitative, or ergonomic equipment; assistive technology; or adaptive clothing. Assistive devices do NOT include health care appliances that can only be approved or prescribed by Clinical Services. B. Contraband: Any item that an employee, contract worker, volunteer, visitor, or offender is not specifically authorized to have in their possession; any item that has been altered and/or is being used for other than its intended purpose; any publication deemed as contraband pursuant to AR 300-26, Publications; any item(s) over the three cubic foot allowable personal property limit; any item listed in the AR Form 300-01B, Offender Visitor Consent to Search Authorization, any item listed in the Code of Penal Discipline; any item listed on the administrative head’s “Declaration of Contraband”; and any item that threatens or could potentially threaten the safety and security of a DOC facility, employees, contract workers, volunteers, offenders, or visitors or any item listed as contraband in an administrative regulation. C. Contract Worker: A person who provides services to the DOC under contract, special assignment, or informal agreement (e.g. purchase order). A contract worker includes self-employed persons, sole proprietors, and persons employed by an employer in the private sector, another public entity, or by another agency of the state of Colorado. D. Crime Related Physical Evidence: Dangerous contraband and drugs are considered crime related physical evidence. Each Office of the Inspector General (OIG) investigator is the custodian of the crime related physical evidence. E. Dangerous Drugs and Paraphernalia: Alcohol; all controlled substances as listed under Schedules I-V of the Colorado Revised Statutes, 18-8-203(2) through 18-18-207(2); marijuana and marijuana concentrates including all CHAPTER SUBJECT Facility Security Searches and Contraband Control AR # Page 2 300-06 EFFECTIVE 11/15/23 parts of the plant cannabis sativa L; and any volatile substance inhaled, consumed or ingested for its mood-altering effect, including but not limited to, cleaning fluids, glue, lacquer, petroleum distillates and/or any drug controlled by regulations of federal or state law. This area will also include drug paraphernalia. F. Dry Cell: A cell designated to securely house an offender without plumbing fixtures or plumbing fixtures that are capable of being shut off. G. Dry Cell Watch: The process of continuous observation of an offender by custody/control in an effort to obtain and search an offender’s bodily wastes to determine that an offender may have ingested/swallowed contraband or otherwise concealed contraband within their body. H. Employee: Someone who occupies a classified, full or part-time position in the State Personnel System (including management and non-classified positions) in which the Department has affect over pay, tenure, and status. I. Exigent Circumstances: Circumstances that would cause a reasonable person to believe that prompt action is necessary to prevent physical harm, the destruction of relevant evidence, escape, or other emergent consequence. J. Health Care Appliances: Durable medical equipment, or medical support equipment that have been prescribed for the offender and approved and/or issued by Clinical Services. K. Intensive Supervision: An increased level of monitoring and management of offenders who demonstrate violent, dangerous, disruptive, defiant, and/or self-injurious behaviors. There are three levels of intensive supervision; direct/continuous supervision, 15-minute welfare checks, and 30-minute welfare checks: 1. Direct/Continuous Supervision: Direct, continuous, uninterrupted and unobstructed on-site visual observation and supervision of an offender and their surroundings by an employee. At a minimum written documentation of continuous supervision will be made every 15 minutes. 2. 15-Minute Welfare Checks: Intermittent on-site direct visual observation and documentation of an offender at least every 15 minutes or less. 3. 30-Minute Welfare Checks: Intermittent on-site direct visual observation and documentation of an offender at least every 30 minutes or less. *Video and audio recording equipment will not replace the requirement for direct staff observation, but should be utilized when available to support intensive supervision of offenders. L. Intimate Parts: The external genitalia, perineum, anus, buttocks, pubic hair, or the breast of any person. For the purposes of this administrative regulation and the implementation of strip search, intimate parts as cited in 18-3401(2), C.R.S. (2008), breasts are considered intimate parts of female and transgender offenders, but not male offenders. M. Nuisance Contraband: Articles, items, instruments or substances which will not be used as evidence for a Code of Penal Discipline charge, in a criminal charge, or legal proceeding and is determined to have no monetary or sentimental value. Examples include but are not limited to: food items that have spoiled or have been retained beyond the expiration date, library materials deemed contraband content pursuant to AR 300-26, Publications, empty canteen containers/packaging/cardboard and other items not used for intended purpose. N. Pat Search: Consists of the removal of outer protective clothing, the emptying of pockets, the physical search of an offender or visitor, screening by any device which does not require disrobing, and the inspection of papers, bags, books, or other items being carried. Pat searches of male offenders may be conducted by DOC employees or contract workers of either sex; female offenders may only be pat searched by female DOC employees or contract workers, unless a cross-gender pat search is necessitated by an emergency or immediate security concern. CHAPTER SUBJECT Facility Security Searches and Contraband Control AR # Page 3 300-06 EFFECTIVE 11/15/23 If an offender identifies as transgender or intersex, the offender may request to be strip searched and pat searched (pat search for female transgender offenders only) by an employee of the gender the offender identifies with. The request will be honored if an employee of the designated gender is available and willing to conduct the search, unless exigent circumstances dictate the need for an immediate search by available personnel. O. Reasonable Accommodation: 1. Under ADA Title I- A reasonable modification or adjustment which enables qualified applicants, employees, contract workers or volunteers with disabilities to access the job application process, to perform the essential functions of a position, or have access to equal benefits and privileges of employment as available to people without disabilities. 2. Under ADA Title II- In order to avoid discrimination on the basis of disability, any reasonable structural or procedural modification or adjustment to policies, practices, and procedures; the removal of architectural, communication, or transportation barriers; or provision for auxiliary aids, equipment, or services, to ensure qualified individuals with disabilities have equal access to DOC services, programs, and activities 3. Under Pregnant Workers Fairness Act - A reasonable modification or adjustment which enables an applicant or employee experiencing health conditions related to pregnancy, physical recovery from childbirth or a related condition, access to the job application process, to perform the essential functions of a position or to enjoy equal benefits and privileges of employment as enjoyed by those similarly situated. P. Strip Search: Consists of an offender removing all clothing to permit a visual inspection of hair, ears, nose, mouth, under the tongue, breasts, genitals, buttocks, anus, and bottoms of the feet. Q. Universal Restraints: A multiple use restraint system utilized to limit and control offender mobility, which should include seat harness when restraint is used for an extended period of time. R. Universal Pat Search: A pat search method for any offender regardless if male, female, transgender or intersex that is performed by a staff member in the performance of their duties. S. Volunteer: A person approved by the respective facility administrative head/designee to provide services without compensation from the DOC for correctional programs. IV. PROCEDURES A. General 1. Administrative heads will establish, publish and post a declaration of contraband. 2. Searches are conducted to detect and prevent the introduction of contraband, to recover missing or stolen property, and to prevent escapes and other disturbances. 3. Frequent, unannounced searches of offenders, housing units, and other areas of the facility will be conducted, as often as necessary, to ensure the safety and security of the facility. 4. Searches will be accomplished respectfully and conducted in a manner to avoid unnecessary force, destruction of property, or embarrassment to the public, visitor, or offender. 5. Employees will conduct and log searches of any areas of the facility or DOC property, as determined by the administrative head or designee. 6. Offenders who have a disability that prevents the use of standard search methods will be afforded reasonable CHAPTER SUBJECT Facility Security Searches and Contraband Control AR # Page 4 300-06 EFFECTIVE 11/15/23 accommodation under the direction of the supervisor in charge. Such searches will be thorough and professional, with safety and security being the paramount concern. If a search requires removal of a heath care appliance, a compliant offender will be allowed to remove the appliance and render it to the DOC employee doing the search. If forcible removal of an appliance is necessary, it will be removed in the presence of qualified medical employees or contract workers, unless the situation involves an emergency. B. Living Unit Searches 1. All living unit common areas will be searched for contraband and unauthorized items at a minimum of once each week. A search log will document the cells and common areas searched and establish a record of the searches. Documentation of the searches will be maintained on file for a period of three years. 2. Cells will be searched and inspected prior to occupancy or upon the permanent move of the offender from that cell. 3. When feasible, two employees should be present to perform searches together. When conducting cell searches of close custody offenders, two employees will be present to perform cell searches together when offenders are present within the immediate area. 4. All cells will be searched at least once per quarter. Administrative heads will establish the number of cell searches conducted per day for first and second shift. 5. Healthcare devices will be disassembled for inspection only when there is a reasonable cause to believe the offender has concealed contraband inside the device. Provisions will be made for the device to be reassembled, if possible, or a new device will be provided. Clinical Services will be consulted to assist in disassembling healthcare devices. 6. Search of Offender Legal Boxes 7. a. Each facility will adopt a procedure to ensure that offender legal boxes are searched in the presence of the offender. Facilities with access to an electronic scanner or x-ray machine may utilize the machine to search the offender legal box outside of the offender’s presence. b. To prevent physical harm to any person, destruction of relevant evidence, prevent compromise of an active investigation or escape, legal boxes may be searched outside the presence of the offender if exigent circumstances exist that warrant the search. The supervisor of the area, the custody/control manager, or shift commander will approve the search of the legal box. c. Attorney-client privileged documents will not be read, but will only be inspected for contraband. d. An inventory will be made on the contraband list of documents not returned to the offender. e. Items other than legal documents stored in legal boxes will be considered contraband. All other areas will be scheduled for searches at a minimum of a quarterly basis. The supervisor of the area, the custody/control manager, or shift commander will determine the date(s) of the search. Documentation of the searches will be maintained on file for a period of three years. C. Consent to Search 1. All persons entering DOC facilities will sign AR Form 300-27C, Consent to Search Authorization and Registration prior to facility entry. Failure to sign AR Form 300-27C, Consent to Search Authorization will prohibit that person from entering DOC facilities. CHAPTER SUBJECT Facility Security Searches and Contraband Control 2. AR # Page 5 300-06 EFFECTIVE 11/15/23 All employees, contract workers, and volunteers are required to have a signed “Consent to Search Authorization” form on file. D. Universal Pat Search Procedures 1. All offenders are subject to a universal pat search at any time and in any location. 2. Employees are trained in how to conduct universal pat searches of all offenders including male, female, transgender and intersex offenders, in a professional and respectful manner, and in the least intrusive manner possible, consistent with security needs (115.15(f)). a. Universal pat searches of male offenders may be conducted by employees or contract workers of either sex; female offenders will only be universal pat searched by female employees or contract workers, absent exigent circumstances (115.15(b)). b. Offenders that identify as female transgender may request to be pat searched by a female employee. The request will be honored if an employee of the designated gender is available and willing to conduct the search, unless exigent circumstances dictate the need for an immediate search by available personnel. c. Opposite gender universal pat searches of female offenders will be documented in an incident report (115.15(c)). 3. The offender will be required to remove all outer protective clothing including coat, hat, gloves, and all objects from their pockets and submit them to the searching officer for visual inspection and screening. The search will include an inspection/screening of all papers, bags, books or other items being carried by the offender. 4. Universal pat searches and/or metal detection devices will be utilized when entering or leaving program assignments, access/egress points, and volunteer programs, as determined by the administrative head. 5. If an offender refuses a universal pat search, a strip search will be conducted. E. Strip Searches: 1. A strip search, including a non-invasive visual inspection of offender body cavities, will be conducted based on a reasonable belief that the offender is carrying contraband or other prohibited material. Reasonable belief is not required when offenders return from contact with the general public or from outside the facility. Such searches will be conducted by an employee of the same sex as the offender being searched, except in exigent circumstances or when performed by medical practitioners (115.15(a)). Offenders that identify as transgender or intersex, may request to be strip searched by an employee of the gender the offender identifies with. The request will be honored if an employee of the designated gender is available and willing to conduct the search, unless exigent circumstances dictate the need for an immediate search by available personnel. Exigent circumstances resulting in an opposite-gender strip search by non-medical staff will be documented in an incident report (115.15(c)). 2. All offenders are subject to a strip search at any time. When an offender refuses to comply with the strip search, it will be viewed as suspicious for introduction of contraband. a. Prior to placement of an offender in any temporary status (e.g., RFP, dry cell, restrictive housing, etc) a strip search will be conducted. b. If the offender refuses to be strip searched the offender will be addressed in accordance with AR 30016RD, Use of Force Options and Restraint Systems. CHAPTER SUBJECT Facility Security Searches and Contraband Control c. 3. AR # Page 6 300-06 EFFECTIVE 11/15/23 Incident reporting will be in accordance with AR 100-7, Reportable Incidents and Incident Tracking System and AR 300-16RD, Use of Force Options and Restraint Systems. Strip Search Privacy: A strip search is conducted by trained employees in a private location and in a respectful manner. a. When a strip search is conducted in-cell, privacy will be maintained by ordering the offender(s) who is/are not being strip searched to face away from the offender who is undergoing the strip search. 1) Use of privacy screens for in-cell strip searches is not required. 2) Other offender(s) assigned to the cell are not required to be removed from the cell during the strip search. b. Planned Strip Searches (Mass Strip Searches) of More than One Offender Performed in a Common Area: Privacy will be maintained by use of a privacy screen, barrier, or other appropriate location. Examples include, but are not limited to, mass facility transfers/transports, facility-wide search, and facility reentry of offender work crews. 1) The privacy screen, barrier, or other appropriate location is intended to allow correctional officers to conduct a thorough and complete strip search, but will prevent intimate parts of the offender from being exposed to other offenders or employees not conducting or supervising the search or providing security for the strip search. 2) In emergency situations when the use of the privacy screen would compromise prison security, a privacy screen will not be utilized. c. Strip searches conducted in a common area will be performed behind a privacy screen or barrier whether one offender is searched or multiple offenders are searched. 4. Strip Search Procedures: a. When possible, a flashlight will be utilized throughout the strip search procedure to enhance the visual inspection. b. The offender will remove all clothing, headgear, and undergarments and stand clear while clothing is searched by an employee. Medical dressings will be physically searched. If it is determined that a medical dressing needs to be removed, Clinical Services will be contacted for removal. c. Hair will be searched by having offenders run their fingers through their hair. If braids, ponytails, dreadlocks, or any other hairstyle interferes with the search, offenders may be expected to remove the braids, etc. If offenders refuse to remove the braids, the hair may be cut, in accordance with AR 850-11, Offender Clothing and Bedding Issue, Dress Code, Hygiene and Grooming. d. If a female offender is wearing a tampon or sanitary pad, it must be removed and disposed of. A new tampon or sanitary pad will be given to the offender upon completion of the strip search. e. Employees will visually inspect the offender’s hair, ears, nose, mouth, hands/fingers, armpits, breasts, body fat/rolls of skin, belly button, front of body, pubic hair, feet/toes, and back of body. f. Male offenders will be required to lift genitalia and pull back foreskin of penis, if applicable, for visual inspection. CHAPTER SUBJECT Facility Security Searches and Contraband Control AR # Page 7 300-06 EFFECTIVE 11/15/23 g. Female and transgender offenders will be required to lift their breasts to provide a clear view of the chest area. h. With their back toward the employee, the offender will squat and cough as directed. i. With their back toward the employee, offenders will bend forward at the waist and separate buttocks. 1) Employees will look for any foreign objects or contraband. 2) Employees must be able to clearly see the rectal area of a male offender and both the rectal and vaginal areas of a female offender. j. Pregnant offenders who are unable to perform standard strip search procedures will be afforded reasonable accommodation under the direction of the supervisor in charge. 1) Such searches will be thorough and professional, with safety and security being the paramount concern. 2) Upon return to the facility after childbirth, offenders are entitled to have a Clinical Services employee present during any strip search. k. Strip search of offenders who have a disability will be in accordance with sections IV.A.6. and IV.B.5. 1) Offenders who have a disability will not be required to lay or sit on extremely hot or cold surfaces to perform strip search maneuvers. 2) Offenders who use health care appliance(s), who have severe mobility impairments and are unable to perform standard unclothed body search maneuvers, will be afforded reasonable accommodation to ensure a thorough visual inspection. 3) If the search includes removal or disassembly of a health care appliance, it will be conducted in a clean setting. l. F. Opposite-gender body cavity searches will be documented in an incident report. (115.15(c)). Dry Cell Watches: When there is reason to believe that an offender has obtained contraband and swallowed or ingested it, or otherwise concealed it within their body in order to avoid detection of the item or substance, the offender may be housed in a dry cell for the purpose of capturing and inspecting contraband. 1. When circumstances compel placement of an offender in a dry cell, AR Form 600-01A, Removal from Population will be initiated. 2. Verbal approval for the placement must be obtained from the administrative head or designee prior to an offender’s placement in a dry cell. The appropriate deputy director of Prison Operations and Office of the Inspector General (OIG) will be notified of all dry cell watches, in accordance with AR 100-07, Reportable Incidents and Incident Tracking System. 3. An incident report documenting the reason for the dry cell placement will be completed and attached to AR Form 600-01A, Removal from Population prior to forwarding it to the administrative head for ratification within 24 hours of the placement. The shift commander will ensure AR Form 300-06C, Dry Cell Watch is completed and obtain all necessary signatures. 4. AR Form 300-06D, Dry Cell Observation Log will be maintained. CHAPTER SUBJECT Facility Security Searches and Contraband Control 5. AR # Page 8 300-06 EFFECTIVE 11/15/23 Conditions of Confinement a. The offender will be placed under continuous observation at all times by employees. b. Offenders will be placed in universal restraints without the seat harness and leg restraints and strip searched. 1) The offender’s wrists will be wrapped in gauze and taped to ensure minimal abrasions from the wrist restraints. 2) Leg restraints will not be utilized unless the offender’s behavior is at a level of disruption that leg restraints are needed for employee safety and security or to prevent destruction of contraband/evidence. If leg restraints are used, the offender will be provided with socks to ensure minimal abrasions occur. c. Male offenders will be placed in orange jumpsuits and female offenders will be placed in orange pants and a T-shirt. The pant legs will be taped at the ankles. 1) The offender will be issued a clean jumpsuit or pants and a t-shirt every 72 hours or when soiled. d. The offender’s hands and restraints will be visible at all times. e. Lighting in the cell will be reduced during offender sleeping times as long as offender hands, restraints, and movements can still be clearly observed by employees. f. The offender will be issued a mattress, pillow and a chair. g. Offenders will be allowed to wash their hands following bowel movements. h. Offenders may request a sponge bath once every 72 hours or when soiled. i. The use of a laxative may be used if the offender requests. j. The offender may have drinking water at their request. k. The offender may have telephone access in accordance with AR 650-03, Restrictive Housing. Such phone calls will not be confidential and the offender shall have no expectation of privacy or confidentiality during the call. l. Offenders may move, walk or lie down in the cell as long as hands and restraints are visible. m. Use of the safety smock is permitted as long as hands and restraints are visible. 6. Offender strip searches will occur during initial placement, at shift change, after each bowel movement and will be documented on AR Form 300-06D, Dry Cell Observation Log. 7. A video camera will be positioned outside the observation area to be utilized during offender bowel movements. Universal restraints will remain on the offender during this process. Video recordings of dry cell watches will be retained a minimum of 2 years. 8. Clinical Services employees or contract workers will be advised of the dry cell watch and will monitor the physical health of the offender. If Clinical Services is not on site, the offender will be transported to a hospital for evaluation. CHAPTER SUBJECT Facility Security Searches and Contraband Control a. AR # Page 9 300-06 EFFECTIVE 11/15/23 An initial assessment will be made of the offender’s health by Clinical Services DOC employees or contract workers, prior to placement in the dry cell watch location. 1) The offender will be advised of medical complications that could occur if contraband was ingested. 2) Offenders refusing recommended medical treatment will be required to sign the electronic Refusal of Treatment form located in the electronic health record. 3) If the offender refuses to sign the Refusal of Treatment form, Clinical Services employee or contract worker will note the offender’s unwillingness to sign the form and have the form witnessed by another employee or contract worker. b. Clinical Services DOC employees or contract workers will determine whether the offender should be moved to an off-grounds medical facility. If the offender remains at the facility, Clinical Services will evaluate and provide appropriate treatment as outlined in Clinical Standards and Procedures. c. Clinical Services DOC employees or contract workers will make daily visits to offenders on dry cell watch during each shift the clinic is staffed. 1) Offenders will receive any prescribed medications and/or health care treatments that are required. 2) Offenders may request the use of a laxative during a dry cell watch. Clinical Services will be notified of the request and will order the medication accordingly. 3) If an offender requests the use of a laxative/charcoal, they will be required to sign AR Form 300-06E, Laxative/Charcoal Drug Request and Clinical Services will be required to discuss the use of laxatives with the offender. 9. d. If an employee detects any change in the offender’s mental or physical condition, Clinical Services will be notified immediately. e. If a drug test is obtained and tests positive for dangerous drugs during the dry cell watch, Clinical Services will be notified immediately. f. When the dry cell is concluded, the offender will be evaluated by a Clinical Services DOC employee or contract worker and an anatomical form will be completed. If a dry cell watch has not concluded within 72 hours, a body scan must be conducted to extend the dry cell watch in consecutive 24-hour periods with the approval of the appropriate deputy director of prisons. After 72 hours the offender will be evaluated by a health care professional. Any dry cell watch exceeding 120 hours must be approved by both the Director of Prisons and the Director of Clinical Services to include consultation with the Chief Medical Officer. 10. The dry cell watch will conclude after the contraband is recovered, or after the equivalent of 3 consecutive normal bowel movements, or after an adequate bowel evacuation facilitated by the use of laxatives or charcoal (whichever occurs first). Normal or adequate bowel movements may be assessed by Clinical services, if needed. 11. All appropriate documentation and/or incident reports are to be completed and processed as soon as possible after completion of the dry cell watch. AR Form 300-30RDC, Incident After Action Report will be completed and copies forwarded to the incident review officer, along with copies of any incident reports and logs for the dry cell watch. CHAPTER SUBJECT Facility Security Searches and Contraband Control AR # Page 10 300-06 EFFECTIVE 11/15/23 G. Body Cavity Searches: DOC Clinical Services, employees or contract workers will not perform body cavity searches designed solely for the purpose of obtaining forensic material, except in extenuating circumstances. 1. 2. An OIG investigator, in conjunction with the facility administrative head or designee will determine if the offender will be transported to a medical facility for a body cavity search or other forensic evidence collection. a. The facility will coordinate the arrangements to transport the offender to a medical facility. b. Clinical services will be notified to clear the offender medically for transport. If a court order is issued directing the administration of an oral laxative to an offender: a. If the offender is willing, Clinical Services will order and administer the laxative to the offender. b. If the offender is not cooperative, the offender will be transported to a medical facility where the laxative will be administered involuntarily. c. The OIG investigator will notify the facility administrative head or designee who will make the necessary arrangements to transport the offender to a medical facility. Clinical services will clear the offender medically for transport. H. Searches Related to Crimes 1. The DOC will govern all searches and the preservation of evidence when an offender is suspected of a new crime. Such searches are authorized only by the administrative head, or designee, unless immediate action is necessary. In such cases the administrative head or designee is fully informed as soon as possible after the search. 2. The crime scene area will be immediately secured, contained, isolated, and treated as a crime scene until OIG investigators take control of the scene, are able to conduct a search, and declare the area secure, in accordance with AR 1150-07, Crime Scene Management and Criminal Evidence Handling. 3. When a crime is alleged to have occurred, employees will conduct searches of offenders, their living units, or work locations, incidental to a crime. 4. Only the OIG investigator may authorize the release of the crime scene area. I. Vehicle Searches: All vehicles entering or leaving a DOC property are subject to search. The administrative head, through local implementation adjustments will define authorization for random and routine search of all vehicles on state property. All vehicles must be locked. All items that could be construed as a security risk will be secured in a safe manner. J. Visiting Area Searches: Immediately before and after visiting hours, employees assigned to the visiting area will conduct a thorough search to detect any contraband. Offenders and visitors will not be permitted in the area until the search is completed. Visitors and offender searches will be in accordance with AR 300-01, Offender Visiting Program. K. All persons entering DOC facilities may be required to submit to a metal detector search. L. Employee/Contract Worker/Volunteer Searches: All employees, contract workers, and volunteers are subject to search as follows: 1. Upon entry into the facility through a walk-through metal detector and a visual search of all packages, CHAPTER SUBJECT Facility Security Searches and Contraband Control AR # Page 11 300-06 EFFECTIVE 11/15/23 briefcases, handbags, lunch boxes, and other items being carried into the facility. 2. All employees, contract workers and volunteers may be subject to random pat searches, as directed by the administrative head, inspector general, or designee. Should a pat search of an employee, contract worker, or volunteer be authorized, it will be conducted by an employee of the same sex in a private location. M. Facility Search and Drug Interdiction: At a minimum, correctional facilities will complete one facility search of all areas and one drug interdiction annually. Any facility searches subsequent to major incidents will count as a facility search for that year. N. Contraband Storage 1. Each facility will provide a secure area for the storage, preservation, and control of contraband until the contraband is lawfully and properly disposed of. 2. Proper security resources will be utilized to hold, maintain, and preserve physical evidence until it is properly disposed of. This may include, but not be limited to, an evidence locker with proper locking devices. 3. The following items will be secured in an OIG locked evidence box located in a secure area within the facility until the OIG investigator takes custody: a. b. c. d. e. Dangerous/Illegal drugs. Drug paraphernalia. Weapons. Money or any coin of U.S. or foreign currency or any written instrument of value. Any item that may be evidence in a criminal trial. 4. All other contraband/evidence, except contraband library material, will be secured in a facility evidence/contraband location as defined in the facility’s implementation adjustment. Contraband library material will be forwarded to the facility library technician/librarian. 5. All contraband will be recorded on a contraband log. The contraband log will be retained as follows: a. b. Prior fiscal year on file plus current fiscal year. Three years in storage after final disposition. O. When a cell is searched, AR Form 300-06A, Contraband List will be completed. If items are confiscated they will be listed; if an item is not confiscated the contraband list will reflect such. The yellow copy goes to the offender as a receipt and the original goes to the living unit employee in charge so that it can be logged on the living unit search log. P. When contraband has been found or confiscated from an offender, an incident report describing when and where the contraband was found and a PCDCIS evidence report will be completed. AR Form 300-06B, Contraband Card may be utilized in place of the PCDCIS evidence report when a computer is unavailable. Nuisance contraband may not require an incident report and/or contraband card, at the discretion of the administrative head. Any contraband that is wet, contains body fluids, or may require retrieval of a fingerprint will be placed in a paper evidence bag. Narcotics should be sealed in a plastic bag. Contraband that can stick, e.g. razor blades, syringes, needles, etc. should be placed in a sharps container. All physical evidence will be handled in accordance with AR 1150-07, Crime Scene Management and Criminal Evidence Handling. Q. Disposition of Contraband: Upon determination that an item is contraband the item will be confiscated and disposed of as follows: CHAPTER SUBJECT Facility Security Searches and Contraband Control AR # Page 12 300-06 EFFECTIVE 11/15/23 1. In the event the contraband is to be kept for possible criminal charges, the item(s) will be processed as physical evidence pursuant to AR 1150-07, Crime Scene Management and Criminal Evidence Handling. The Office of the Inspector General will make final disposition of evidence taken into its possession. 2. Nuisance contraband will be logged. It may then be disposed of at the discretion of employees, in accordance with the process outlined in the facility’s implementation adjustment. 3. Contraband library material will be considered nuisance contraband and forwarded to the facility library technician/librarian. The library material will be accompanied by a copy of the incident report or other documents describing the reason the facility considers the book or portions of the book to be contraband. 4. After logging, food items may be delivered to Food Services for determination of restitution value and disposition. 5. All other items will be logged and stored in accordance with the process outlined in the facility’s implementation adjustment. 6. If it is determined that the contraband will not be used as criminal or COPD evidence, the contraband will be disposed of as follows: a. Clinical Services will be notified of any medical appliances that may belong to DOC rather than the offender, to include durable medical equipment, linens, medical supplies, etc. Clinical Services will determine appropriate disposition. b. Legal Services will be notified of any disability assistive device(s) and will determine appropriate disposition. c. Tokens are not to be destroyed. Any tokens that are confiscated as contraband will be returned to the offender canteen fund at the conclusion of any administrative or investigative proceedings. d. The contraband list will act as written notice that the offender has ten calendar days from that date to provide the property control officer with the desired disposition, with the exception of any materials being forwarded to the facility publications committee for review. 1) If an offender can prove ownership and the item does not in and of itself present a security or safety threat, he/she may be allowed to mail the item(s) to an address outside of DOC at their own expense. If an offender does not have the available funds to mail the item out within ten calendar days of notice, the item(s) will be destroyed in accordance with this policy. 2) Items of contraband that in and of themselves do not present a security or safety threat may be donated. The item may be donated to a charitable organization; donation procedures must be defined in the facility’s implementation adjustment. Items not accepted by the designated charity will be destroyed in accordance with this AR. 3) The item may be destroyed. Disposal/destruction must take place outside of the facility where offenders cannot retrieve the item. The date of disposal/destruction and item(s) destroyed must be noted on the contraband log. The destruction of contraband must be witnessed by two employees; both must initial or sign the contraband log. 4) Offenders will not be required to determine disposition of censorable reading materials until all time frames for appeal have expired, as referred to in AR 300-26, Publications. CHAPTER SUBJECT Facility Security Searches and Contraband Control e. 7. AR # Page 13 300-06 EFFECTIVE 11/15/23 In the event the offender does not cooperate by designating the method of disposal within the allotted time frame, the property will be disposed of by employees unless it is a contraband library book. Contraband library books will be forwarded to the facility general librarian. The Custody/Control manager will ensure that all contraband that is not to be used as evidence in a criminal trial is destroyed at least every six months. Once an item has been sent outside of the DOC, re-entry will not be allowed, unless the item was sent out of the facility for approved repair or written approval was given by the administrative head. R. Dangerous or Illegal Drugs S. 1. An OIG investigator or custody/control manager or designee will field test all suspected drugs and report the findings to the employee, contract worker, or volunteer responsible for initiating disciplinary action. Only an amount of the suspected drugs necessary to perform a field test will be used in the test kit. In no case will all of the suspected drugs be consumed by the field test. The suspected drugs, properly marked as evidence, will then be placed in the OIG investigator’s box for further disposition. 2. The facility contraband custodian or OIG investigator will retain all contraband, or evidence, until it is no longer needed for legal action, in accordance with AR 1150-07, Crime Scene Management and Criminal Evidence Handling. 3. Dangerous and/or illegal drugs and dangerous contraband confiscated by correctional employees will be properly marked, packaged, and placed in the OIG investigator’s locked evidence box. The OIG investigator will retrieve the deposited items from the locked evidence box in a timely manner. The OIG investigator is responsible for dangerous contraband, evidence, accountability, and inventory control of those items turned over to the OIG investigator. COPD Hearings 1. No dangerous contraband, dangerous drugs, or criminal evidence will be present at a COPD hearing. Photocopies of weapons, field tests results, and laboratory results for drugs may be used as evidence. 2. The facility disciplinary officer will ensure that all evidence that is necessary for the COPD hearing is present. The disciplinary officer will document the removal of the evidence for the hearing. The contraband will be returned to the secure location until such time as it will be disposed. 3. All disciplinary hearing evidence will be maintained for a minimum of 90 days after the offender is presented with the formal written AR Form 150-01C, Disposition of Charges and then disposed of in accordance with section IV.S. of this AR. 4. In the event the disciplinary hearing divulges that a felony has been committed, the facility contraband custodian will turn over all evidence, as well as all original reports and the chain of custody form, to the OIG investigator for appropriate action. V. RESPONSIBILITY A. It shall be the responsibility of the director of Prisons to review this AR annually and update as necessary. VI. AUTHORITY A. C.R.S. 17-20-102. Administration of correctional facilities - wardens - reports. CHAPTER SUBJECT Facility Security Searches and Contraband Control AR # Page 14 300-06 EFFECTIVE 11/15/23 B. C.R.S. 17-20-103. Wardens and others - conservators of peace. C. C.R.S. 18-18-102(5), and C.R.S. 18-8-203, 204, 204.1, and 204.2. UNIFORM CONTROLLED SUBSTANCES ACT OF 1992. D. ADA Litigation Remedial Plan 8/27/04: Chapter XXIII-1; XXIII-2; XXIII-3; XXIII-4; XXIII-5. E. New Times Settlement Agreement - Dated: January 17, 2005. F. C.R.S. 18-3-401(2) (with clarification). G. Federal Mass Strip Search Litigation, U.S. District Court Case No. 07-cv-Ol7ll-REB-MJW VII. HISTORY October 1, 2021 September 1, 2019 October 1, 2018 February 15, 2018 January 15, 2017 September 15, 2015 January 1, 2015 March 15, 2014 April 1, 2013 January 1, 2012 September 24, 2010 September 1, 2009 August 1, 2008 August 1, 2007 May 1, 2007 September 1, 2006 August 1, 2006 ATTACHMENTS: A. B. C. D. E. F. AR Form 300-06A, Contraband List AR Form 300-06B, Contraband Card AR Form 300-06C, Dry Cell Watch AR Form 300-06D, Dry Cell Observation Log AR Form 300-06E, Laxative/Charcoal Drug Request AR Form 100-01A, Administrative Regulation Implementation/Adjustments AR Form 300-06A (01/15/17) Contraband List Facility: ______________________ Offender Name: DOC Number: Officer: Date: Attachment A Page 1 of 1 AR Form 300-06B (01/15/17) Contraband Card Facility: ____________________ Offender Name: DOC Number: Officer: Date: Item: Where item was found: Owner/Possessor Remarks: Found by (Signature) Attachment B Page 1 of 1 Time: A.M / P.M. AR Form 300-06C (11/15/23) Dry Cell Watch Facility:_______________________ Offender Name: Reason for Dry Cell Watch: DOC#: Date: Describe Offender Behavior: Describe Dry Cell Watch Conditions: Restraints Strip Restraints Clothing Orange Jumpsuit (taped at ankles) Cell Conditions Mattress Blanket Video in use Orange Pants (taped at ankles) with T-shirt Safety Smock Chair Clinical Services Evaluation: Signature: Date: Health Services Administrator Signature: Date: Custody/Control Mgr. Signature: Date: Administrative Head Signature: Date: Date Dry Watch Cell Initiated: 24 HR REVIEW 48 HR REVIEW 72 HR REVIEW Shift Commander: Date: Custody/Control Manager Date: Administrative Head: Date: Shift Commander: Date: Custody/Control Manager: Date: Administrative Head: Date: Shift Commander: Date: Custody/Control Manager: Date: Administrative Head: Date: Socks AR Form 300-06D (11/15/23) Dry Cell Observation Log Facility: ____________________ OFFENDER NAME_________________________________ DOC#_______________ LOCATION_________________ Dry Cell Implemented: ___________________ (Date) Dry Cell Lifted: ___________________ (Date) __________________ (Time) __________________ (Time) ___________________________________ (Signature) ___________________________________ (Signature) ACTIVITY LOG (including clinical services visits, medication, meals eaten, periods of sleeping, changes in restraints, showers, change of clothes/jumpsuit, water given, access to phone, sponge bath, counseling and all refusals) DATE TIME COMMENTS DOC EMPLOYEE SIGNATURE Attachment D Page 1 of 1 AR Form 300-06E (11/15/23) COLORADO DEPARTMENT OF CORRECTIONS Laxative/Charcoal Drug Request Offender Name DOC # Facility There is reason to believe that this offender has obtained contraband and swallowed or ingested it, or otherwise concealed it within their body in order to avoid detection of the item or substance. This offender has requested use of an oral laxative or charcoal in order to produce a fully-evacuating bowel movement (or movements) for the purpose of resolving the presence of the contraband. I understand that I am voluntarily requesting an oral laxative and a clinical services employee has discussed the use of laxatives with me. Offender signature and DOC number Date Clinical Services Notified □ Yes □ No Date: Medication Ordered □ Yes □ No Date: Clinical Services employee signature Name of medication Custody/Control Manager signature Date Attachment E Page 1 of 1 ADMINISTRATIVE REGULATION IMPLEMENTATION/ADJUSTMENTS AR Form 100-01A (04/15/08) CHAPTER SUBJECT Facility Security Searches and Contraband Control AR # EFFECTIVE 300-06 11/15/23 (FACILITY/WORK UNIT NAME) _______________________________________________________________________ WILL ACCEPT AND IMPLEMENT THE PROVISIONS OF THE ABOVE ADMINISTRATIVE REGULATION: [ ] AS WRITTEN [ ] NOT APPLICABLE INTENT OF THE AR [ ] WITH THE FOLLOWING PROCEDURES TO ACCOMPLISH THE (SIGNED) (DATE) ________________________ Administrative Head Attachment F Page 1 of 1