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2019 Utah Code
Title 77 - Utah Code of Criminal Procedure
Chapter 7 - Arrest, by Whom, and How Made
Section 17.5 - Physical body cavity search policy -- Requirements.
Universal Citation: UT Code § 77-7-17.5 (2019)
Effective 5/14/2019
77-7-17.5. Physical body cavity search policy -- Requirements.
Enacted by Chapter 462, 2019 General Session
77-7-17.5. Physical body cavity search policy -- Requirements.
- (1) As used in this section:
- (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.
- (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.
- (i) "Physical body cavity search" means a search of a body cavity of an individual that involves touching the individual with:
- (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.
- (4) A county jail's body cavity search policy is a public record.
Enacted by Chapter 462, 2019 General Session
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