1. (a) Incarcerated Person Body Searches. Incarcerated persons shall submit to body inspections using contraband and metal detection devices and electronic drug detection devices, including but not limited to, ION scanners and low-dose, full-body x-ray scanners. Incarcerated persons shall also submit to inspections of all personal items, including but not limited to, wheelchairs, implants, prostheses, and assistive devices, using contraband and metal detection devices and electronic drug detection devices, including but not limited to, ION scanners.

   1. (1) Contraband and metal detection devices and electronic drug detection devices, including but not limited to, ION scanners and low-dose, full-body x-ray scanners shall be used on incarcerated persons when they leave a visiting area, upon conclusion of a family visit, upon returning to a yard or facility from vocational or educational classes, upon entering or exiting a secure perimeter, and prior to placement into restrictive housing.
   2. (2) The use of the low-dose, full-body x-ray scanners shall comply with Code of Federal Regulations, Title 28, Section 115.15(a) (7/1/2012), which is hereby incorporated by reference.
   3. (3) Low-dose, full-body x-ray scanners shall adhere to the American National Standard Institute's Radiation Safety for Personnel Security Screening Systems Using X-Ray or Gamma Radiation (ANSI/HPS N43.17-2009), which is hereby incorporated by reference. Scanner settings shall be set by the manufacturer to 0.25 microsieverts per scan. The annual radiation limit shall be 250 microsieverts per incarcerated person and each scan shall have a radiation dose of 0.25 microsieverts. A low-dose, full-body x-ray scanner shall identify the incarcerated person by CDCR number and determine the annual radiation to which the incarcerated person has been previously exposed as a result of low-dose, full-body x-ray scanning relative to the annual radiation limit before a scan is initiated.
   4. (4) If the incarcerated person has reached the annual radiation limit pursuant to subsection 3287.1(a)(3), the machine shall not perform a scan. A scan shall only be conducted when the radiation to which the incarcerated person has been previously exposed as a result of scanning is determined to be under the annual radiation limit, and at least 0.25 microsieverts remain before the incarcerated person reaches their annual radiation limit.

   5. (5) An incarcerated person shall be excused from a low-dose, full-body x-ray scanner search in the event of an emergency custody circumstance in which the incarcerated person's behavior creates a safety risk for the incarcerated person, other incarcerated persons, or CDCR staff if the search is performed, and requires immediate staff attention to deescalate the situation and maintain the safety and security of the institution. The staff member who is escorting the incarcerated person to be searched shall make the determination that the incarcerated person cannot safely be searched using the low-dose, full-body x-ray scanner.

      1. (A) An emergency custody circumstance includes physical aggression from the incarcerated person requiring restraint of the incarcerated person in order to maintain the safety and security of the institution or a circumstance where an incarcerated person refuses to ambulate and stand up on the machine's platform to be scanned.
      2. (B) The staff member who excused the incarcerated person from a search using the low-dose, full-body x-ray scanner shall document the emergency custody excusal on CDC Form 128-B, General Chrono (Rev. 4/74), incorporated by reference, as soon as is permissible and forward the completed Form to the Warden for signature. The CDC Form 128-B shall be signed by the Warden no later than 48 hours after the date of the emergency custody circumstance. A copy of the form shall be given to the incarcerated person, and shall be stored in the Electronic Records Management System (ERMS), as defined in section 3000.
   6. (6) An excusal for medical circumstances shall be documented on CDC Form 128-C, Chrono-Medical, Psychiatric, Dental (Rev. 01/96), incorporated by reference, and signed by a CDCR medical staff member of a level no lower than a nurse practitioner. A copy of the form shall be given to the incarcerated person, and shall be stored in the ERMS.
   7. (7) An incarcerated person who is excused from being scanned with a low-dose, full-body x-ray scanner pursuant to subsections 3287.1(a)(5) or 3287.1(a)(6), or who has reached the annual radiation limit pursuant to subsection 3287.1(a)(3), shall be searched by alternate means, including but not limited to, passive canine air scan searches, hand-held metal detectors, walk-through metal detectors, and ION scanners.

   8. (8) An incarcerated person shall notify a staff member that they are excused from being searched with a low-dose, full body x-ray scanner due to an emergency custody or medical circumstance, whereupon verification of excusal is required. At least one of the following two methods of verification shall be used:

      1. (A) The incarcerated person shall present a copy of the approved CDC Form 128-B or CDC Form 128-C to a staff member operating a low-dose, full-body x-ray scanner, or
      2. (B) A staff member shall access the copy of CDC Form 128-B or CDC Form 128-C that is stored in ERMS.
   9. (9) In the event that verification cannot be obtained through one of the methods enumerated in subsections 3287.1(a)(8)(A) or 3287.1(a)(8)(B), staff shall search the incarcerated person in accordance with subsection 3287.1(a)(7).
   10. (10) An incarcerated person who is excused from being scanned with a low-dose, full-body x-ray scanner for emergency custody circumstances pursuant to subsection 3287.1(a)(5) shall be subject to disciplinary action in accordance with section 3315.

2. (b) Passive Air Scan Searches. Inspections of incarcerated person cell or living areas, property, work areas, and body shall be conducted on an unannounced, random basis as directed by the institution head. Such inspections shall be conducted no more frequently than necessary to control contraband, recover missing or stolen property, or maintain proper security of the institution.

   1. (1) Incarcerated persons shall be subject to passive air scan searches by a passive alert canine.

   2. (2) Direct Searches of incarcerated persons: The canine handler shall make an announcement informing the incarcerated person(s) that they are conducting passive air scan searches using a passive alert canine and that the purpose of the scan is to detect illegal drugs. The incarcerated person does not have the right to refuse the search. An incarcerated person who refuses to be searched may be subject to disciplinary action and subject to additional search and urine testing for the presence of drugs.

      1. (A) While inadvertent contact is a possibility, the handler shall not instruct the canine to contact the incarcerated person.
      2. (B) If the incarcerated person seems excessively nervous, the handler shall attempt to reassure the incarcerated person that the procedure is safe.

   3. (3) Results of a Canine Search. If the canine gives a positive canine alert during a passive air scan search of the incarcerated person, the incarcerated person shall submit to an unclothed body search and urinalysis testing.

      1. (A) Any confiscated controlled substance shall be handled as evidence.
      2. (B) Whenever a Canine handler finds contraband, the find shall be reported to the on-duty supervisor. The supervisor shall determine what action shall be taken.
3. (c) 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 5054 and 6402, Penal Code; Jordan v. Gardner, 986 F.2d 1521; and Title 28, SubSection 115.15, Code of Federal Regulations.

History

1. New section filed 4-9-2026; operative 4-9-2026 pursuant to Government Code section 11343.4(b)(3) (Register 2026, No. 15).