Section 210 IAC 3-1-13 - Security and controlAuthority: IC 11-8-2-5; IC 11-12-4-1
Affected: IC 11-12-4-1
Sec. 13.
(a) Each sheriff shall establish the jail's policies and procedures for security and control. This manual shall be available to all jail personnel and shall be reviewed annually and updated as needed. Documentation of this review shall be signed by the sheriff and maintained in front of the manual. The manual shall include, but not be limited to, the following: (2) Searches and seizures.(5) Firearms and other weapons.(6) Maintenance of security equipment.(8) Control of the following:(B) Sharp culinary equipment.(9) Records control and release of information according to Indiana law.(14) Emergency situations, including the following:(D) A taking of hostages.(15) Transportation of inmates.(16) The use of physical force.(17) Responding to a suicide attempt or suicidal inmate. Jail officers shall be trained consistent with provisions of the security and control manual. Pretraining and posttraining examinations shall be administered to each jail officer and the results made part of the employee's record.
(b) Inmates shall not be permitted to handle, use, or have jail keys of any type in their possession. There shall be at least one (1) full set of keys, separate from those in use, stored in a safe place accessible only to jail personnel, for use in event of an emergency.(c) The use of physical force by jail personnel shall be restricted to instances of justifiable self-protection, protection of inmates from self-harm, protection of others, protection of property, and prevention of escapes. Only that force necessary to control an inmate shall be authorized. Written reports following any use of force shall be promptly submitted to the sheriff or his or her designee. Jail personnel should ensure the following:(1) Only weapons approved by the sheriff shall be used by jail personnel in emergency situations. Any jail employee who discharges a firearm in the course of his or her duty shall promptly submit a written report to the sheriff.(2) Lethal weapons shall not be permitted beyond a designated area to which inmates have access, except in emergency situations as approved by the sheriff.(3) Persons designated to authorize the use of less lethal repellants or security devices shall be: (A) named in writing; and(B) trained in the proper deployment of these items.(4) Each sheriff shall establish procedures for the treatment of persons injured as a result of the application of force.(d) Each jail shall maintain a secure communication control center separate from other jail detention and administrative functions. Jail officers and other personnel assigned to jail duty shall be trained in security measures and the handling of special incidents such as the following:(6) Natural disasters. Each jail shall have an audio communication system between the communication control center and the inmate living area that can be activated from the inmate living areas in an emergency.
(e) Each jail shall have equipment necessary to maintain central lights, power, and communication in an emergency. Emergency equipment shall be:(1) tested at least weekly for effectiveness; and(2) promptly repaired or replaced as necessary.(f) Security equipment shall be:(1) sufficient to meet facility needs; and(2) stored in a secure place, but readily accessible to staff. There shall be a sufficient quantity of restraints, mechanical or disposable, or both, to evacuate all inmates from the jail in an emergency.
(g) All:(1) security perimeter entrances;(2) control center doors;(3) main cellblock doors; and(4) cell doors or housing units opening into a corridor; shall be kept locked except when used for admission or exit of employees, inmates, or visitors and emergencies. No jail officer shall enter a high security cell area, or any other area in which a disturbance is occurring, without backup assistance being alerted and available for immediate assistance.(h) Jail officials may perform searches and seize contraband or prohibited property. Sheriffs may limit the personal items an inmate may possess in their living area by both quantity and volume. However, an inmate may possess those legal papers necessary for access to the courts and legal matters pertaining to their current court case or cases and responses to grievances. Jail officials shall inform inmates of the items of property they are permitted to possess, in which event all other property not contraband is prohibited property. Property that an inmate is otherwise permitted to possess may become prohibited property due to the means by which it is possessed or used or if the quantity possessed exceeds that permitted. The sheriff or jail administrator shall establish written procedure providing for a written record concerning the seizure of contraband or prohibited property, receipts for property seized, and appropriate disposition of seized property. Jail personnel should ensure the following:(1) Notice in writing shall be given inmates and visitors as to the items not considered contraband or prohibited property.(2) Visitors shall be searched at jails where contact visiting is permitted. Visitors must be provided:(A) clear notice of the possibility of a search; and(B) the opportunity to decline their visit request upon receiving the notice.(3) Body cavity searches of visitors may be conducted:(A) by medical personnel only; and(B) solely as a result of the execution of a search warrant.(4) Inmates permitted to leave the jail temporarily, for any reason, shall be thoroughly searched prior to leaving and strip searched before reentering the jail. Searches and seizures shall be conducted so as to avoid unnecessary force, embarrassment, or indignity to inmates.(5) The sheriff shall establish written policies and procedures concerning the following: (A) Contraband, prohibited property, and seizures of property.(B) Searches. Personal searches may include the following: (iv) Body cavity searches.(v) Metal detection scanners.(vi) Other designated, legally approved devices. Cell and area searches will also be conducted routinely by staff.
(6) Incidental visual observation during clothing exchange and showering is not considered a search. However, the use of:(B) opaque partitions; and(C) same gender observation; are encouraged.(7) Generally, the least invasive form of search and observation should be conducted. Strip searches shall only be conducted when a reasonable suspicion exists that an inmate may be in possession of weapons, drugs, or contraband. Mere admission to a jail (arrestee) is insufficient cause alone to conduct a strip search.(8) All strip searches and body cavity searches conducted shall be: (A) documented on the form prescribed by the sheriff; and(B) maintained in the inmate's file.(i) Arrestee strip searches shall be conducted only when there is reasonable suspicion that the arrestee is in possession of a contraband item. Reasonable belief must be based on an individualized suspicion relevant to the following: (1) The current charge or charges or previous conviction or convictions for any of the following: (B) Possession of drugs or weapons.(2) Fugitive or detainee for any of the above crimes.(3) Current or a history of institutional possession of contraband or prohibited property or attempted escape.(4) Refusal to submit to a frisk or pat search.(5) Weapons or drugs discovered during pat or frisk search.(6) Alerted by a metal or drug detection device.(7) Reliable information arrestee possesses drugs, weapons, or contraband.(j) Strip searches conducted on an arrestee who can be held apart from the general population may not be reasonable. Strip searches of such individuals should only be conducted when jail officials have individualized reasonable suspicion that the arrestee is in possession of a contraband item.(k) Each sheriff shall enter into a mutual aid agreement with necessary local and adjacent county law enforcement agencies for the provision of services in the event of an emergency exceeding the department's capability. Aid agreements shall also be established with local agencies for the provision of housing, material, and services in an emergency.(l) In the event of a disturbance, a sheriff may place groups of inmates in lockdown status until such time as an investigation into the disturbance can be completed and the safety and security of the jail is assured. Such decision shall be reviewed by the sheriff at least every seven (7) days. Department of Correction; 210 IAC 3-1-13; filed Jul 27, 1981, 10:30 a.m.: 4 IR 1814; readopted filed Nov 15, 2001, 10:42 a.m.: 25 IR 1269; readopted filed Jul 6, 2007, 2:54 p.m.: 20070725-IR-210070277RFA; filed Sep 11, 2012, 2:30 p.m.: 20121010-IR-210110741FRAReadopted filed 10/2/2018, 8:46 a.m.: 20181031-IR-210180366RFA