PREFILED JAN 10 2022
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REFERENCE TITLE: prisoner searches; requirements |
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State of Arizona House of Representatives Fifty-fifth Legislature Second Regular Session 2022
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HB 2068 |
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Introduced by Representative Blackman
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AN ACT
repealing section 31-236, Arizona Revised Statutes; amending title 31, chapter 2, article 2, Arizona Revised Statutes, by adding a new section 31-236; relating to prisoners.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Repeal
Section 31-236, Arizona Revised Statutes, is repealed.
Sec. 2. Title 31, chapter 2, article 2, Arizona Revised Statutes, is amended by adding a new section 31-236, to read:
31-236. Prisoners; designated strip search room; exception; pat search; definition
A. A strip search may only be performed by a correctional officer who is of the same gender as the prisoner and in a room that is designated by the warden, deputy warden or prison administrator for strip searches. If a reason exists for a strip search to be done immediately, the shift commander or duty officer may authorize the use of a private area other than the designated strip search room. Except during an inspection of the hair on a prisoner's head, a correctional officer may not touch any part of the prisoner's body during a strip search.
B. A pat search may only be performed by a correctional officer who is of the same gender as the prisoner, except that in an emergency situation, a correctional officer of the opposite gender may conduct a pat search if both of the following apply:
1. the FOLLOWING information is documented in the correctional service log:
(a) The name of the correctional officer who conducts the pat search.
(b) The name of any correctional officer who witnesses the pat search.
(c) The correctional officer's badge number.
(d) The prisoner's name and state department of corrections number.
(e) The reason for the cross gender pat search.
2. When possible, the pat search is conducted in the presence of at least one additional correctional officer.
C. For the purposes of this section, "Pat search" means a search that is conducted by a correctional officer who pats down or frisks the body of a clothed prisoner.