ARIZONA HOUSE OF REPRESENTATIVES Fifty-fifth Legislature Second Regular Session

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HB 2068: prisoner searches; requirements

Sponsor: Representative Blackman, LD 6

Committee on Military Affairs & Public Safety

Overview

Modifies the procedures for strip searches and pat searches in prisons.

History

The Arizona Department of Corrections (DOC) is required to adopt rules limiting a male correctional officer (CO) from conducting searches of female prisoners in a state of undress.  Only if a female CO is unavailable, a male CO is authorized to conduct the search. When a male CO conducts a search of a female prisoner in a state of undress, statute requires a report be submitted to the warden within 72 hours that includes the search justification (A.R.S. § 31-236). 

COs are not allowed to perform a body cavity search on pregnant prisoners or detainees unless the CO reasonably believes that the prisoner is hiding contraband.  When a CO conducts a body cavity search on a pregnant prisoner, the law requires they submit a written report to the warden within 72 hours that includes the search justification and whether any contraband was found (A.R.S. § 31-601).

Statute defines state of undress as a female prisoner who is partially or fully naked (A.R.S. § 31-236).

Provisions

1. Establishes a new section of law specific to strip and pat searches. (Sec. 2)

2. Repeals the current law that directs DOC to adopt rules pertaining to male COs who conduct searches of female prisoners in a state of undress. (Sec. 1)

3. Requires strip searches be performed by COs of the same gender as the prisoner and in a room specifically designated for strip searches. (Sec. 2)

4. Allows the use of a private area other than the designated strip search room if the search must be conducted immediately if authorized by the shift commander or duty officer. (Sec. 2)

5. Prohibits COs from touching any part of the prisoner's body during a strip search, excluding inspections of the prisoner's hair. (Sec. 2)

6. Stipulates COs can only perform a pat search if they are the same gender as the prisoner. (Sec. 2)

7. Authorizes COs of the opposite gender to conduct pat searches of prisoners during emergencies if at least one additional CO is present as a witness and outlines the information required to be documented. (Sec. 2)

8. Defines the term pat search. (Sec. 2)

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12.                   HB 2068

13. Initials FK  Page 0 Military Affairs & Public Safety

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