subchapter 12d custody and security

 

section .0100 search and seizure

 

14B NCAC 12d .0101 SEARCHES OF VISITORS AND OTHER PERSONS

(a) Before and after every visiting period within the confines of a facility, a search of the room or area where the visits are held will be made to assure that no contraband has been concealed in or under any structure, equipment or furniture.

(b) All visitors and all other persons who seek entry to any facility for any purpose may be subjected to a routine search of their person or their effects upon entering or leaving a facility or any time they are within the confines of a facility. Such searches are authorized at the discretion of the Officer-In-Charge. Appropriate documentation shall be made to the Superintendent.

(c) A routine search may also include the search of personal effects. Personal effects such as handbags, boxes, briefcases, or other items under the immediate control or access of the visitor, should remain outside the confines of the facility. When in the judgment of the Officer-In-Charge that it is necessary for any of these personal effects to be carried within the Institution, such personal effects will be subject to a thorough search. Visitors who refuse to agree to a search of personal effects will not be authorized to visit.

(d) Routine searches of visitors and other persons seeking entry to a facility must be conducted by an officer of the same sex as the visitor or other person seeking entry to a facility. Wherever possible, more than one staff person should be present for such searches. If an officer of the same sex as the visitor is not available to conduct the routine search, visitors suspected of carrying contraband on their person must be denied entry into the facility. When visitors are suspected of carrying contraband, the Officer-In-Charge is authorized to request the assistance of local law enforcement provided that such assistance results in a search of the visitor by an officer of the same sex.

(e) If contraband is found on the person or in the personal effects of the visitor, the contraband should be confiscated and local law enforcement authorities notified immediately. Reasonable efforts short of the Use of Force should be utilized to encourage the visitor to remain until local law enforcement authorities arrive. If the visitor refuses to remain, as much descriptive and informational data as can be accumulated by correctional staff regarding the identity of the visitor and direction of departure and method of departure, should be communicated to the local law enforcement officers.

(f) A visitor seeking entry to the facility can avoid a routine search by leaving the facility. If the visitor refuses to submit to a routine search, the visitor shall be denied access to the facility. The visitor should also be considered for exclusion from an inmate's approved visitor's list in accordance with 05 NCAC 02D .0201(d)(1).

(g) If prior to visitation, prison officials receive reliable information that a visitor will attempt to smuggle contraband into the facility, the Officer-In-Charge should contact the local law enforcement agency for assistance.

(h) Complete searches of visitors is solely the authority of local law enforcement authorities with the consent of the visitor or by local law enforcement authorities having the legal basis to conduct the search. While such searches may be conducted on agency property, Division staff should not provide assistance. Any assistance provided should be in response to a request from local law enforcement authorities and predicated upon the maintenance of order and security at the facility.

 

History Note: Authority G.S. 14-258.1; 15A-404; 148-4; 148-11;

Eff. November 1, 1991;

Transferred from 05 NCAC 02F .0104 Eff. June 1, 2013.

section .0200 Program management

 

14B NCAC 12D .0201 PROGRAM SPONSORS

All program sponsors are subject to departmental rules and regulations regarding searches of visitors and the time, place, and manner of visitation (see 05 NCAC 02F .0100 and 02D .0200). The number of sponsors may be limited as specifically provided in 5 NCAC 02D .0204(b). Program sponsors may be excluded from prison facilities for any of the reasons stated in 05 NCAC 2D .0201(c).

 

History Note: Authority G.S. 148-4; 148-11;

Eff. May 17, 1976;

Transferred from 05 NCAC 02F .0204 Eff. June 1, 2013.

 

14B NCAC 12D .0202 REVIEW WHERE ORGANIZATION BARRED

Any organization prohibited from on-unit participation may present written arguments to a committee appointed by the Director of Prisons to resolve the issue. The committee shall consist of members of the program and custodial staff of the Division of Prisons. The committee need not meet formally but each member will be consulted as to his opinion before a final decision is reached. The organization shall be allowed two weeks from the time it receives written notice of program termination in which to present to the Director's committee its argument in favor of finding that the program should not be terminated. The committee shall make its determination within two weeks of the time that the organization's argument is received. When a decision is rendered, that decision shall be binding for all future purposes.

 

History Note: Authority G.S. 148-4; 148-11;

Eff. May 17, 1976;

Transferred from 05 NCAC 02F .0207 Eff. June 1, 2013.

 

section .0300 jail facility housing

 

14B NCAC 12D .0301 OTHER REQUIREMENTS

(a) The superintendent of the administrative support facility will require Department of Correction staff to conduct periodic reviews of all jail inmates to evaluate progress and program participation and to respond to requests for information from the Parole Commission.

(b) Jail Contract Terms.

(1) Department of Correction, Division of Prisons staff will adhere to the terms of the jail contract.

(2) Jail contracts may be terminated at any time by the sheriff or by Division of Prisons approving authorities.

 

History Note: Authority G.S. 148-11; 148-32.1;

Eff. March 1, 1987;

Transferred from 05 NCAC 02F .2205 Eff. June 1, 2013.