| (1) |
As used in this section:
Terms Used In Utah Code 77-7-17.5- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
| (a) |
“Arrestee” means an individual who is in the custody of law enforcement for an offense for which the individual has not been convicted. |
| (b) |
| (i) |
“Body cavity” includes the anus, rectum, vagina, esophagus, or stomach. |
| (ii) |
“Body cavity” does not include the mouth, ear canal, or nasal passages. |
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| (c) |
| (i) |
“Physical body cavity search” means a search of a body cavity of an individual that involves touching the individual with:
| (A) |
any part of another individual’s body; or |
| (B) |
an instrument or other item. |
|
| (ii) |
“Physical body cavity search” does not include a clothed, pat down search. |
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| (2) |
Each county jail shall adopt and implement a policy that meets the minimum standards contained in a model policy established by the Commission on Criminal and Juvenile Justice. |
| (3) |
The model policy shall specify the minimum standards and procedures to be followed by the county jail when a body cavity search is performed on an arrestee within the county jail’s jurisdiction, including:
| (a) |
stating with specificity the circumstances under which a body cavity search may be performed on an arrestee; |
| (b) |
designating who may authorize the performance of a body cavity search; |
| (c) |
designating specific jail staff or medical personnel who may perform a body cavity search; |
| (d) |
requiring any nonmedically trained jail staff who may perform a body cavity search to be trained on safe practices for conducting a body cavity search; |
| (e) |
requiring documentation of each body cavity search performed at the correctional facility, including:
| (i) |
the identity of the arrestee searched; |
| (ii) |
the date, time, and location of the search; |
| (iii) |
the identity of the individual performing the search; |
| (iv) |
the identity of the individual authorizing the search; |
| (v) |
a description of the body areas searched and the procedures followed in performing the search; and |
| (vi) |
the circumstances necessitating the body cavity search; and |
|
| (f) |
designating rules and procedures to be followed, by authorized staff, when performing a body cavity search that account for the health and privacy interests of the arrestee, including:
| (i) |
the location where a body cavity search must be performed; |
| (ii) |
the gender requirements of the individuals who perform or observe the search in relation to the gender of the arrestee being searched; and |
| (iii) |
methods to ensure the body cavity search is conducted with the minimal amount of touching necessary to effectuate the purposes of the search. |
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| (4) |
A county jail’s body cavity search policy is a public record. |
Enacted by Chapter 462, 2019 General Session
