§ 77-7-17.5 — Physical body cavity search policy -- Requirements.

Utah § 77-7-17.5

• Jurisdiction: Utah
• Title 77: Utah Code of Criminal Procedure
• Ch. 77-7: Arrest, by Whom, and How Made

Text

(1) As used in this section:

(1)(a) "Arrestee" means an individual who is in the custody of law enforcement for an offense for which the individual has not been convicted.
(1)(b) (1)(b)(i) "Body cavity" includes the anus, rectum, vagina, esophagus, or stomach.
(1)(b)(ii) "Body cavity" does not include the mouth, ear canal, or nasal passages.
(1)(c) (1)(c)(i) "Physical body cavity search" means a search of a body cavity of an individual that involves touching the individual with:

(1)(c)(i)(A) any part of another individual's body; or
(1)(c)(i)(B) an instrument or other item.
(1)(c)(ii) "Physical body cavity search" does not include a clothed, pat down search.
(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:

(3)(a) stating with specificity the circumstances under which a body cavity search may be performed on an arrestee;
(3)(b) designating who may authorize the performance of a body cavity search;
(3)(c) designating specific jail staff or medical personnel who may perform a body cavity search;
(3)(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;
(3)(e) requiring documentation of each body cavity search performed at the correctional facility, including:
(3)(e)(i) the identity of the arrestee searched;
(3)(e)(ii) the date, time, and location of the search;
(3)(e)(iii) the identity of the individual performing the search;
(3)(e)(iv) the identity of the individual authorizing the search;
(3)(e)(v) a description of the body areas searched and the procedures followed in performing the search; and
(3)(e)(vi) the circumstances necessitating the body cavity search; and
(3)(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:
(3)(f)(i) the location where a body cavity search must be performed;
(3)(f)(ii) the gender requirements of the individuals who perform or observe the search in relation to the gender of the arrestee being searched; and
(3)(f)(iii) methods to ensure the body cavity search is conducted with the minimal amount of touching necessary to effectuate the purposes of the search.
(4) A county jail's body cavity search policy is a public record.

Legislative History

Enacted by Chapter 462, 2019 General Session