1. (a) Insofar as possible, a cell, room, or dormitory bed area and locker will be thoroughly inspected immediately upon its vacancy and again, if there is a significant time lapse, before another incarcerated person is assigned to the same cell, room, or dormitory bed and locker. Such inspections are required and must be recorded for restricted housing unit and isolation cells. The purpose of such inspections is to fix responsibility or the absence of responsibility for security and safety hazards and serious contraband found in the cell, room, or dormitory area.

   1. (1) Occupied cells, rooms and dormitory areas, including fixtures and lockers, and any personal and state-issued property of the occupant will be inspected on an infrequent and unscheduled basis. More frequent inspections will be conducted in specialized housing units, depending upon the security requirements of the unit and the risk an individual incarcerated person presents to that security.
   2. (2) Cell and property inspections are necessary in order to detect and control serious contraband and to maintain institution security. Such inspections will not be used as a punitive measure nor to harass an incarcerated person. Every reasonable precaution will be taken to avoid damage to personal property and to leave the incarcerated person's quarters and property in good order upon completion of the inspection.
   3. (3) An incarcerated person's presence is not required during routine inspections of living quarters and property when the incarcerated person is not or would not otherwise be present. During special inspections or searches initiated because the incarcerated person is suspected of having a specific item or items of contraband in their quarters or property, the incarcerated person should be permitted to observe the search when it is reasonably possible and safe to do so.
   4. (4) The incarcerated person will be given a written notice for any item(s) of personal and authorized state-issued property removed from their quarters during an inspection and the disposition made of such property. The notice will also list any contraband picked up or any breach of security noted during the inspection, and the follow-up action intended by the inspecting officer.

2. (b) An incarcerated person is subject to an inspection of their person, either clothed or unclothed, when there is a reasonable suspicion to believe the incarcerated person may have unauthorized or dangerous items concealed on their person, or that they may have been involved in an altercation of any kind. Such inspections may also be a routine requirement for incarcerated person movement into or out of high security risk areas. Random or spot-check inspections of incarcerated persons may also be authorized by the institution head to prevent possession and movement of unauthorized or dangerous items and substances into, out of, or within the institution. Visual daily inspections of incarcerated persons shall be made to ensure compliance with departmental grooming standards. All such inspections shall be conducted in a professional manner which avoids embarrassment or indignity to the incarcerated person. Whenever possible, unclothed body inspections of incarcerated persons shall be conducted outside the view of others.

   1. (1) Correctional employees, other than qualified medical staff, shall not conduct cross-gender unclothed body inspections of incarcerated persons except under emergency conditions with life or death consequences, exigent circumstances, or when an incarcerated person has an approved search preference.

      1. (A) For the purposes of this section exigent circumstances is defined as any set of temporary and unforeseen circumstances that require immediate action in order to combat a threat to the security or institutional order of a facility.
   2. (2) Routine inspections of clothed male incarcerated persons may be performed by employees of any gender.
   3. (3) Body inspection of clothed female incarcerated persons shall be conducted by female correctional employees only, except in emergency situations requiring the immediate search of incarcerated persons to avoid the threat of death, escape, or great bodily injury. In such emergency situations, male correctional employees may conduct clothed body inspections only until sufficient numbers of female correctional employees are available to assume critical body search duties.
   4. (4) Male correctional employees shall not, under any circumstances, perform non-emergency body searches of female incarcerated persons.
   5. (5) Any inspection of body cavities, other than visual or metal detector inspections, will be conducted in a medical setting under the direct supervision of a physician. Any physical intrusion into body cavities must be performed by a physician, and then only after all less obtrusive methods have failed to bring the inspection to a conclusion.

3. (c) An incarcerated person who is transgender, non-binary, or intersex, regardless of anatomy, shall be searched according to the search policy for their gender identity or according to the gender designation of the facility where they are housed, unless the individual's approved search preference dictates otherwise, and in accordance with section 3085.3.

   1. (1) If there is no documented approved search preference, the incarcerated person shall be searched under the search policy for the gender designation of the facility in which they are housed.

4. (d) Female Institutions:

   1. (1) All incarcerated persons at a female institution shall be searched utilizing the female search policy. Except as specified in (d)(2) of this section, this means that clothed and unclothed body inspections of all incarcerated persons, to include transgender, non-binary, and intersex incarcerated persons shall be conducted by a female correctional employee.

   2. (2) If a transgender, non-binary, or intersex incarcerated person wishes to be searched consistent with the male search policy, they must have a search preference request approved in accordance with section 3085.3.

      1. (A) If the search preference request is approved, the reference “male search policy” shall be listed on the Transgender, Non-Binary, and Intersex Access Card (11/1/2023), incorporated by reference, or CDC Form 128-B (Rev. 4/74), General Chrono, incorporated by reference, (signed by the Chief Deputy Warden), and searches shall be conducted as described in (d)(3)-(d)(3)(A) of this section.

   3. (3) For incarcerated persons at a female institution with an approved request to be searched consistent with the male search policy, clothed body inspections may be conducted by a correctional employee of any gender.

      1. (A) For incarcerated persons at a female institution with an approved request to be searched consistent with the male search policy, unclothed body inspections shall only be performed by male correctional staff, except for situations as identified in (d)(5) of this section.
   4. (4) Any search at a female institution inconsistent with (d)(1) or (d)(2) shall be documented as an unusual occurrence via a memorandum and sent to the Hiring Authority.

   5. (5) The only exceptions to the female institution search policies are under emergency conditions with life or death consequences, exigent circumstances as defined in section 3287(b)(1)(A), or when an incarcerated person has an approved search preference.

      1. (A) In such situations, correctional employees of any gender may conduct clothed or unclothed body inspections only until a sufficient number of female correctional staff are available to assume critical body search duties.

5. (e) Male Institutions:

   1. (1) All incarcerated persons at a male institution shall be searched utilizing the male search policy. Except as specified in (e)(2) of this section, clothed body inspections of all incarcerated persons, to include transgender, non-binary, and intersex incarcerated persons shall be conducted by a correctional employee of any gender and unclothed body inspections shall be performed by male correctional employees.

   2. (2) If a transgender, non-binary, or intersex incarcerated person wishes to be searched consistent with the female search policy, they must have a search preference request approved in accordance with section 3085.3.

      1. (A) If approved, the reference “female search policy” shall be listed on the Transgender, Non-Binary, and Intersex Access Card (11/1/2023) or CDC 128-B (Rev. 4/74), General Chrono (signed by the Chief Deputy Warden) and searches shall be conducted as described in (e)(3) of this section.
   3. (3) For incarcerated persons at male institutions with an approved request to be searched consistent with the female search policy, clothed and unclothed body inspections shall be conducted by a female correctional employee, in accordance with the female search policy, except for situations as identified in (e)(5) of this section.
   4. (4) Any search at a male institution inconsistent with (e)(1) or (e)(2) shall be documented as an unusual occurrence via a memorandum and sent to the Hiring Authority.

   5. (5) The only exceptions to the male institution search policies are under emergency conditions with life or death consequences, exigent circumstances as defined in section 3287(b)(1)(A), or when an incarcerated person has an approved search preference.

      1. (A) In such situations, correctional employees of any gender may conduct unclothed body inspections only until a sufficient number of male correctional staff are available to assume critical body search duties.
6. (f) A written record shall be maintained of the disposition of contraband and stolen or missing property confiscated as the result of cell, property, or body inspections.

Note: Authority cited: Section 5058, Penal Code. Reference: Sections 2605, 5054 and 6402, Penal Code; Jordan v. Gardner, 986 F.2d 1521; and Title 28, Subsection 115.15, Code of Federal Regulations.

History

1. Amendment filed 5-13-77; effective thirtieth day thereafter (Register 77, No. 20).

2. Amendment of subsection (a)(3) filed 2-22-79; effective thirtieth day thereafter (Register 79, No. 8).

3. Amendment of subsection (b)(1) filed 8-22-79; effective thirtieth day thereafter (Register 79, No. 34).

4. Amendment of subsection (b) and new subsection (c) and (d) filed 2-8-88; operative 3-9-88 (Register 88, No. 7).

5. Editorial correction of printing error in subsection (b) (Register 92, No. 5).

6. Amendment of subsections (b) and (c) filed 10-16-97 as an emergency; operative 10-16-97 (Register 97, No. 42). Pursuant to Penal Code section 5058(e), a Certificate of Compliance must be transmitted to OAL by 3-25-97 or emergency language will be repealed by operation of law on the following day.

7. Certificate of Compliance as to 10-16-97 order transmitted to OAL 3-23-98 and filed 5-4-98 (Register 98, No. 19).

8. Amendment of subsection (b)(1), new subsections (b)(2)-(4), subsection renumbering and amendment of Note filed 5-26-2005 as an emergency; operative 5-26-2005 (Register 2005, No. 21). Pursuant to Penal Code section 5058(e), a Certificate of Compliance must be transmitted to OAL by 11-2-2005 or emergency language will be repealed by operation of law on the following day.

9. Certificate of Compliance as to 5-26-2005 order transmitted to OAL 9-28-2005 and filed 11-1-2005 (Register 2005, No. 44).

10. Amendment of subsection (b) filed 12-21-2009; operative 1-20-2010 (Register 2009, No. 52).

11. Amendment of section heading and new subsections (c)(1)-(c)(3)(B) filed 10-8-2014 as an emergency; operative 10-8-2014 (Register 2014, No. 41). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 3-17-2015 or emergency language will be repealed by operation of law on the following day.

12. Amendment of section heading and new subsections (c)(1)-(c)(3)(B) refiled 3-17-2015 as an emergency; operative 3-17-2015 (Register 2015, No. 12). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 6-15-2015 or emergency language will be repealed by operation of law on the following day.

13. Certificate of Compliance as to 3-17-2015 order, including amendment of Note, transmitted to OAL 6-15-2015 and filed 7-27-2015; amendments effective 7-27-2015 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 31).

14. New subsections (c)-(c)(10), subsection relettering, amendment of newly designated subsection (d) and amendment of Note filed 3-19-2021; operative 7-1-2021 (Register 2021, No. 12). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.

15. Amendment of subsection (a) filed 10-24-2023 as an emergency; operative 11-1-2023 (Register 2023, No. 43). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 4-9-2024 or emergency language will be repealed by operation of law on the following day.

16. Amendment of subsection (a) refiled 4-8-2024 as an emergency; operative 4-11-2024 (Register 2024, No. 15). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-10-2024 or emergency language will be repealed by operation of law on the following day.

17. Change without regulatory effect amending section filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).

18. Certificate of Compliance as to 4-8-2024 order, including further amendment of subsection (a), transmitted to OAL 6-18-2024 and filed 7-31-2024; amendments effective 7-31-2024 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 31).

19. Amendment of subsections (b)(1) and (b)(2), new subsection (b)(1)(A), repealer of subsections (c)-(e), new subsections (c)-(f) and amendment of Note filed 4-9-2026; operative 4-9-2026 pursuant to Government Code section 11343.4(b)(3) (Register 2026, No. 15).