Pennsylvania § 5908 - Cavity search and inspection restrictions.

§ 5908. Cavity search and inspection restrictions.

(a) Cavity search and inspection restrictions.--To the greatest extent possible:

(1) No staff other than a licensed health care professional shall conduct an invasive body cavity search of a pregnant or postpartum incarcerated individual or detainee.

(2) A correctional institution shall limit searches by male staff, other than medically licensed professional male staff, if a female incarcerated individual or detainee is in a state of undress.

(b) Documentation requirement.--If staff is required to perform an invasive body cavity search on a pregnant or postpartum incarcerated individual or detainee, or male staff, other than medically licensed professional male staff, is required to conduct a search on a female incarcerated individual or detainee in a state of undress, a written report shall be submitted to the correctional institution within 72 hours following the cavity search or inspection. The report under this subsection shall:

(1) include the justification for performing the cavity search or male staff inspection as required in this subsection;

(2) document and identify any contraband that was found on the incarcerated individual or detainee; and

(3) be sent to the department.

(c) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

"Body cavity search." An invasive search of incarcerated individuals or detainees, conducted by staff in search of contraband, excluding the nose, ears and mouth.

"Staff." An individual, including contracted staff, who is employed by a correctional institution or the department, excluding any licensed medical professional.

"State of undress." A state where an incarcerated or detained female is partially or fully naked, either in the shower, toilet areas, a medical examination room or while a body cavity search is being conducted.

(Dec. 14, 2023, P.L.396, No.47, eff. 180 days; Oct. 29, 2024, P.L.1037, No.114, eff. imd.)

2024 Amendment. Act 114 amended subsecs. (b)(3) and (c). Section 8 of Act 114 provided that, with the exception of the amendment or addition of 61 Pa.C.S. § 1731(a)(2.1) and (b), Act 114 shall apply retroactively to June 11, 2024.

2023 Amendment. Act 47 added section 5908.