| (a) Purpose. This rule establishes requirements for
searching Texas Juvenile Justice Department (TJJD) youth, their property,
and their rooms to detect and deter contraband. The purpose of all
provisions in this rule is to promote and protect the safety of the
facility, staff, and youth.
(b) Applicability. This rule applies to residential
facilities operated by TJJD.
(c) Definitions.
(1) Reasonable Belief--a belief based on facts or circumstances
sufficient to cause a reasonable person to believe that the person
to be searched has prohibited items.
(2) Probable Cause--a determination based on facts
and circumstances that would cause a reasonably prudent person to
believe it is more likely than not that the person to be searched
has a prohibited item.
(d) General Provisions.
(1) TJJD staff may conduct a search of a TJJD youth
or a youth's room for the purpose of finding and seizing contraband.
(2) When contraband is seized from a youth, the search
and disposition of items must be documented. See §380.9711 of
this title.
(3) Areas where youth are housed or served may be subject
to be searched by the use of the canine (K-9) teams. See §380.9713
of this title for more information on the use of K-9 teams.
(e) Room Searches and Pat-Down Searches.
(1) Room searches and pat-down searches may be conducted
with or without probable cause.
(2) Room and pat-down searches must be conducted in
accordance with the following rules.
(A) Room and pat-down searches may be unannounced and
irregularly timed.
(B) Room and pat-down searches must be conducted routinely
to control possession by youth of contraband or to recover missing
or stolen property.
(C) Two trained staff members must be in attendance
for room and pat-down searches.
(D) The staff conducting a pat-down search must be
of the same gender as the youth being searched, except in exigent
circumstances as defined in §380.9337 of this title.
(E) Limited by consideration of facility and staff
safety and security, TJJD honors the preference of a youth to be pat
searched by a male or female staff member if the youth self-identifies
as transgender or intersex and that identification is supported by
collateral assessment processes.
(F) Room and pat-down searches must be conducted in
a professional manner. Staff must not make jokes, conversation, or
comments while conducting searches.
(G) Room and pat-down searches are documented.
(f) Strip Searches.
(1) Strip searches must be based on a reasonable belief
that the youth has custody or control of contraband. However, reasonable
belief is not required when a youth returns from contact with the
general public or from outside the facility or from visitation.
(2) Strip searches must be conducted in accordance
with the following rules.
(A) The search must be conducted in a private setting.
(B) Two trained staff members must conduct the search.
(C) The staff members conducting the search must be
of the same gender as the youth, except in exigent circumstances as
defined in §380.9337 of this title.
(D) Limited by consideration of facility and staff
safety and security, TJJD honors the preference of a youth to be strip
searched by a male or female staff member if the youth self-identifies
as transgender or intersex and that identification is supported by
collateral assessment processes.
(E) The search must be conducted in a professional
manner. Staff must not make jokes, conversation, or comments while
conducting the strip search.
(F) The search must be documented.
(g) Physical Body-Cavity Searches.
(1) Physical body-cavity searches may only occur on
probable cause that the youth possesses contraband and with the authorization
of the facility administrator.
(2) Physical body-cavity searches must be conducted
by off-site medical personnel who are not part of the facility's health
care staff.
(3) Physical body-cavity searches refer to manual or
instrument inspection of body cavities including the vagina or rectum.
(4) Physical body-cavity searches must be documented.
|
| Source Note: The provisions of this §380.9709 adopted to be effective November 28, 2004, 29 TexReg 11097; amended to be effective September 1, 2010, 35 TexReg 7450; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective July 1, 2016, 41 TexReg 4290 |
