DON'T JUST TAKE MY WORD FOR IT (CELL SEARCHES), by Muslim Mansa Lutalo lyapo
September 1, 2013
Sometimes when we hear things that we are ignorant of we tend to reject
it solely because it came from a
prisorer. So, this section I've coined, "Don't Just Take My Word For
It," which will be preserved for topics that have a paper trail. The subject that I want to break ground with is an
issue that affects all DOC prisoners:
Cell searches.
The primary Department of Corrections rule that governs all searches of cells is "DOC 306.16
Search of inmate living quarters," which states:
(1)
Staff may conduct a search of the living quarters
of any inmate at any time. Entry into
the living quarters of an inmate by a staff member to retrieve state property
does not constitute a search of the living
quarters of an inmate.
(2)
The institution shall maintain a written record
of all searches conducted under sub,
(1), which shall include:
(a)
The identity of the staff member who conducted the
search;
(b)
The date and time of the search;
(C) The identity
of the inmate whose living quarters were searched;
(d) The reason for
conducting the search. If the search was a random one, the report shall so state;
(e)
Any objects which were seized pursuant to the
search; and
(f)
Whether any damage was done to the premises
during the search. (3)4f staff seize any property or damage any property
pursuant to the search of an inmate's living
quarters, staff shall identify the property
to the inmate in writing. The institution shall reimburse the inmate for damage to any property that is not
contraband. The institution shall value any property which is damaged at its
fair market value, not replacement
cost.
(4)
In conducting searches under this section, staff
shall disturb the effects of the inmate as little as possible,
consistent with thoroughness.
(5)
Staff shall read only that part of the inmate's legal material as
necessary to determine that the item is legal material and does not contain contraband.
