Community Grievance Decision Digest

SEARCHES OF PERSON AND POSSESSIONS

THE LAW:

"(1) 'Body cavity search' means a strip search in which body cavities are inspected by the entry of an object or fingers into body cavities.

(2) 'Body search' means a personal search, a strip search or a body cavity search of a patient...

(33) 'Personal search' means a search of the patient's person, including the patient's pockets, frisking his or her body, an examination of the patient's shoes and hat and a visual inspection of the patient's mouth...

(43) 'Strip search' means a search in which the patient is required to remove all of his or her clothing.  Permissible inspection includes examination of the patient's clothing and body and visual inspection of his or her body cavities."

HFS 94.02, Wis. Admin. Code [Emphasis added.]

"A treatment facility may fingerprint a patient only if the patient is unknown, has no means of identification, cannot otherwise be identified and fingerprinting is required for identification.  This restriction does not apply to patients transferred to the facility under s. 51.35(3) or 51.37, Stats., or committed under ch. 971 or 975, Stats."

HFS 94.24(2)(c), Wis. Admin. Code [Emphasis added.]

"Only inpatients may be subjected to a body search.  All body searches shall be conducted as follows:

1.   A personal search of an inpatient may be conducted by any facility staff member:

      a.   Before a patient leaves or enters the security enclosure of maximum security units;

      b.   Before a patient is placed in seclusion;

      c.   When there is documented reason to believe the patient has, on his or her person, objects or materials which threaten the safety or security or patients or other persons; or

      d.   If, for security reasons, the facility routinely conducts personal searches of patients committed under ch. 971 or 975, Stats., patients residing in the maximum security facility at the Mendota mental health institute or a secure mental health unit or facility under s. 980.065, Stats., and persons transferred under s. 51.35(3) or 51.37, Stats.;

2. A strip search of an inpatient may be conducted:

      a.   Only in a clean and private place;

      b.   Except in an emergency, only by a person of the same sex;

      c.   Only when all less intrusive search procedures are deemed inadequate; and

      d.   Only under circumstances specified under subd. 1a to c;

3. A body cavity search of an inpatient may be conducted:

      a.   Only in a clean and private place;

      b.   Only by a physician and, whenever possible, by a physician of the same sex;

      c.   Only when all less intrusive search procedures are deemed inadequate; and

      d.   Only under circumstances specified under subd. 1a to c."

HFS 94.24(2)(d), Wis. Admin. Code [Emphasis added.]

"The room and personal belongings of an inpatient may be searched only when there is documented reason to believe that security rules have been violated, except that searches may be conducted under other circumstances in forensic units, the maximum security facility at the Mendota mental health institute or a secure mental health unit or facility under s. 980.065, Stats., in accordance with written facility policies." 

HFS 94.24(2)(e), Wis. Admin. Code [Emphasis added.]

"Personal storage space may be searched only if there is documented reason to believe a violation of the facility's security regulations has occurred and the patient is given the opportunity to be present during the search, except in forensic units where routine searches may be conducted in accordance with written facility policies."

HFS 94.27(3), Wis. Admin. Code [Emphasis added.]

Note: See also Drug Testing.

DECISIONS:

[None at this time.]

Last Updated: November 13, 2006