Strip or body cavity search of detained persons.

Existing law establishes a statewide policy strictly limiting strip and body cavity searches of prearraignment detainees arrested for infraction or misdemeanor offenses and to minors detained prior to a detention hearing on the grounds that he or she is alleged to have committed a misdemeanor or infraction offense. Existing law prohibits a person arrested and held in custody on a misdemeanor or infraction offense not involving weapons, controlled substances, or violence, from being confined in the general jail population unless prescribed conditions apply, including the person not being released on his or her own recognizance and the person not being able to post bail within a reasonable time, not less than 3 hours. Under existing law, a person who knowingly and willfully authorizes or conducts a strip, visual, or physical body cavity search in violation of the prescribed provisions is guilty of a misdemeanor. This bill would prohibit a person arrested and held in custody on a misdemeanor or infraction offense not involving weapons, controlled substances, or violence, from being confined in the general jail population unless a judge or magistrate has determined that the person does not qualify to be released on his or her own recognizance and that, after being given a chance to post bail, the person is not able to do so within a reasonable time. By changing the definition of a crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.