Bill would require evidence and scans before contraband watches

Staff would need specific facts supporting probable cause before placing someone on a drug or special watch. This applies when staff suspect an incarcerated person has swallowed contraband or is hiding it in their digestive tract or rectum. Staff would have to write down the facts, when they learned them, and who made the decision before placement whenever practicable. General suspicion or a person's history, reputation, or housing location alone would not be enough. Staff must document the facts before placement whenever practicable.

The department would have to scan a person before placing them on a watch and follow rules based on the result. These rules cover people suspected of carrying or hiding contraband in their digestive tract or rectum. A positive scan would let the superintendent or acting superintendent authorize placement. A negative first scan would generally mean no placement. Placement would still be possible if that official personally finds and writes down extraordinary circumstances supported by specific facts. An inconclusive scan would not count as positive. If medically appropriate, the department would conduct another scan; after a second inconclusive result, special watch would require a written finding of extraordinary circumstances supported by specific facts. The scan must happen before placement. The department would need prompt access to approved scanning technology at every department-run correctional facility; equipment trouble alone would not justify a watch.

The department would have to give written notice, let people challenge continued placement, provide requested repeat scans, and end watches when required. These protections apply to every incarcerated person placed on a drug or special watch. A person could request a new scan after 24 hours and during each later 24-hour period. A licensed health professional could find the requested scan medically unsafe; the department would then have to try another approved non-invasive method. A later negative scan would end the watch immediately. A positive result would allow continued placement only while probable cause remains. The department must also end placement if probable cause ends, suspected contraband is recovered with no independent reason to think more remains, or a health professional finds a physical or mental health risk that cannot reasonably be reduced. The department must give notice immediately and explain the right to request repeat scans after 24 hours and in each later 24-hour period. It must provide a requested scan as soon as practicable.

The department would have to apply existing limits on segregated confinement and keep records of each watch for at least six years. These provisions cover drug or special watches and temporary isolation imposed under this section. Calling a watch temporary, investigatory, protective, or another name would not exclude it from the definition of segregated confinement. Records would include the reasons, scan results, medical assessments, start and end times, total length, and whether contraband was recovered. The bill would take effect 180 days after it becomes law. The corrections and health commissioners would need to prepare rules and approve or arrange scanning technology by then.