HB 2068
Initials FK Page 1 Military Affairs & Public Safety
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-fifth Legislature
Second Regular Session
HB 2068: prisoner searches; requirements
Sponsor: Representative Blackman, LD 6
Committee on Military Affairs & Public Safety
Overview
Modifies the procedures for strip searches and pat searches in prisons.
History
The Arizona Department of Corrections (DOC) is required to adopt rules limiting a male
correctional officer (CO) from conducting searches of female prisoners in a state of undress. Only
if a female CO is unavailable, a male CO is authorized to conduct the search. When a male CO
conducts a search of a female prisoner in a state of undress, statute requires a report be submitted
to the warden within 72 hours that includes the search justification (A.R.S. § 31-236).
COs are not allowed to perform a body cavity search on pregnant prisoners or detainees unless
the CO reasonably believes that the prisoner is hiding contraband. When a CO conducts a body
cavity search on a pregnant prisoner, the law requires they submit a written report to the warden
within 72 hours that includes the search justification and whether any contraband was found
(A.R.S. § 31-601).
Statute defines state of undress as a female prisoner who is partially or fully naked (A.R.S. § 31-
236).
Provisions
1. Establishes a new section of law specific to strip and pat searches. (Sec. 2)
2. Repeals the current law that directs DOC to adopt rules pertaining to male COs who conduct
searches of female prisoners in a state of undress. (Sec. 1)
3. Requires strip searches be performed by COs of the same gender as the prisoner and in a
room specifically designated for strip searches. (Sec. 2)
4. Allows the use of a private area other than the designated strip search room if the search must
be conducted immediately if authorized by the shift commander or duty officer. (Sec. 2)
5. Prohibits COs from touching any part of the prisoner's body during a strip search, excluding
inspections of the prisoner's hair. (Sec. 2)
6. Stipulates COs can only perform a pat search if they are the same gender as the prisoner.
(Sec. 2)
7. Authorizes COs of the opposite gender to conduct pat searches of prisoners during
emergencies if at least one additional CO is present as a witness and outlines the information
required to be documented. (Sec. 2)
8. Defines the term pat search. (Sec. 2)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note