Amends TCA Title 41.
Present law generally prohibits law enforcement from performing a body cavity search on a person without a warrant or written consent. The general prohibition does not apply to a body cavity search conducted pursuant to a written jail or prison security procedures policy if the policy requires such a search at the time it was conducted. This bill prohibits corrections staff from conducting a body cavity search of a pregnant or postpartum prisoner or detainee unless: (1) Other less-intrusive methods have been employed; and (2) The staff member has submitted written facts to a corrections official, and the official approves of the search based on the relative danger of the suspected contraband and the danger imposed by the cavity search to the pregnant or postpartum prisoner or detainee and the fetus. If a corrections official approves of a body cavity search, this bill requires the staff member who conducts the search to submit a written report regarding the search to the warden or sheriff of the correctional institution within 72 hours after the search. The report will be available for public inspection, except that information identifying a prisoner or detainee is confidential without the prisoner's or detainee's prior written consent.
Present law generally prohibits law enforcement from performing a body cavity search on a person without a warrant or written consent. The general prohibition does not apply to a body cavity search conducted pursuant to a written jail or prison security procedures policy if the policy requires such a search at the time it was conducted. This bill prohibits corrections staff from conducting a body cavity search of a pregnant or postpartum prisoner or detainee unless: (1) Other less-intrusive methods have been employed; and (2) The staff member has submitted written facts to a corrections official, and the official approves of the search based on the relative danger of the suspected contraband and the danger imposed by the cavity search to the pregnant or postpartum prisoner or detainee and the fetus. If a corrections official approves of a body cavity search, this bill requires the staff member who conducts the search to submit a written report regarding the search to the warden or sheriff of the correctional institution within 72 hours after the search. The report will be available for public inspection, except that information identifying a prisoner or detainee is confidential without the prisoner's or detainee's prior written consent.
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