Michigan Laws 791.269a – Subjecting visitor to pat down search; condition; waiver; definitions
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Terms Used In Michigan Laws 791.269a
- correctional facility: means a facility or institution which is maintained and operated by the department. See Michigan Laws 791.215
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
(1) A visitor to a state correctional facility shall not be subjected to a pat down search unless every person performing or assisting in performing the pat down search is of the same sex as the person being searched. If the necessary personnel are not readily available, a visitor at his or her option may waive the provisions of this subsection by signing a waiver provided by the department of corrections.
(2) As used in this section:
(a) “Pat down search” means a search of a person in which the person conducting the search touches the body or clothing, or both, of the person being searched to detect the presence of concealed objects.
(b) “State correctional facility” means a facility or institution that houses prisoners under the jurisdiction of the department.