| (a) Purpose. This rule establishes requirements for
the preservation, control, and/or disposition of all contraband, including
physical evidence obtained in connection with a violation of law and/or
rule violation.
(b) Applicability. This rule applies to TJJD-operated
residential facilities.
(c) Definitions. Contraband--has the meaning assigned
by §380.9107 of this title.
(d) Contraband Used as Evidence.
(1) Contraband Used in a Due Process Hearing. Seized
contraband that may be used as evidence in a TJJD due process hearing
and not used in a criminal investigation must be properly identified,
documented, and submitted to the facility's evidence custodian.
(2) Contraband Used in a Criminal Investigation. Seized
contraband that may be used as evidence in a criminal investigation
is properly identified, documented, and submitted to the Office of
Inspector General (OIG) evidence submission box. Criminal evidence
is accessible only to the OIG staff. OIG maintains the chain of custody
until proper case disposition.
(3) Contraband/Evidence Disposal.
(A) After all administrative/legal proceedings have
been concluded, one of the following must occur:
(i) destroy firearms and drugs in accordance with the
Code of Criminal Procedure; or
(ii) send contraband item(s), other than contraband
firearms and drugs, to the youth's home; or
(iii) return contraband item(s) to include contraband
money (if applicable) to the owner; or
(iv) deposit contraband money possessed by a youth
into the student benefit fund pursuant to §385.9971 and §380.9555
of this title.
(B) After all OIG investigations, evidence will be
disposed of as per court disposition.
(e) Contraband Not Used as Evidence. Seized contraband
that is not used as evidence in a TJJD due process hearing or in a
criminal investigation is destroyed or sent to the youth's parent
or guardian at the youth's discretion.
(f) Contraband/Evidence in a Crime Scene. Staff discovering
a potential crime scene must immediately notify the facility administrator
and the Incident Reporting Center. A crime scene could be a death,
major injury, sexual assault, and/or major property damage. The area
must be immediately secured and access prohibited into the potential
crime scene or area containing potential evidence. Staff must not
enter the area to clean or disturb the potential evidence, clothing,
and/or body fluids. Only the OIG personnel or another investigating
law enforcement agency will handle the evidence of a crime scene.
|
| Source Note: The provisions of this §380.9711 adopted to be effective February 1, 1999, 24 TexReg 590; amended to be effective April 16, 2003, 28 TexReg 3064; amended to be effective November 8, 2005, 30 TexReg 7232; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective February 15, 2016, 41 TexReg 972 |
