31-236. Prisoner inspection or search; state of undress; prohibited acts; exception; report; definition

A. To the greatest extent possible and consistent with safety and order the department shall adopt rules that limit a male correctional officer from conducting an inspection or search of a female prisoner who is in a state of undress.  This subsection does not limit the ability of a male correctional officer to conduct an inspection or search when a female prisoner may be in a state of undress if a female correctional officer is not available.

B. If a male correctional officer determines that it is appropriate to conduct an inspection or search when it is clear that a female prisoner is in a state of undress in a private area, including a shower, a medical examination room or a toilet area, or the location in which the female prisoner is undergoing a body cavity search, the male correctional officer shall submit a report to the warden of the correctional facility within seventy-two hours after the inspection or search that provides the justification for the inspection or search.

C. For the purposes of this section, "state of undress" means a female prisoner is partially or fully naked.