| (a) Purpose. This rule provides guidelines for the
management and deployment of K-9 teams at residential facilities operated
by the Texas Juvenile Justice Department (TJJD).
(b) Applicability. This rule applies to residential
facilities operated by TJJD.
(c) Definitions.
(1) K-9 Team--a handler and canine trained to detect
and identify illegal drugs, currency, alcohol, tobacco products, prescription
medication, and other prohibited items.
(2) Passive Indication--the K-9 is trained to sit,
stand, or lie at the point closest to the source of the odor such
as, but not limited to, cocaine, heroin, alcohol, marijuana, prescription
medication, methamphetamines, tobacco, and other prohibited items.
(3) TJJD Parking Area--any area used for parking that
is owned, operated, or controlled by TJJD.
(d) General Provisions.
(1) All TJJD K-9 teams must be certified annually and
trained in passive indication.
(2) TJJD uses K-9 teams to detect and identify illegal
drugs, currency, alcohol, tobacco products, prescription medication,
and other prohibited items.
(3) A K-9 team may be deployed at the discretion of
the K-9 handler to conduct routine, random, or specifically requested
searches or inspections of the following areas:
(A) any dorm, cell, or other area used to house youth;
(B) any school or education building on TJJD property;
(C) any cafeteria, kitchen, canteen, or other food
preparation area;
(D) any administrative area, staff office, storage
building, and restroom;
(E) any other building or area located on TJJD grounds;
(F) any vehicle entering a perimeter fence at a facility
operated by TJJD;
(G) any state vehicles;
(H) any TJJD parking area; and
(I) any property under the care, custody, control,
or ownership of TJJD.
(4) All items seized by the K-9 team must be identified,
documented, and submitted to the appropriate TJJD staff member in
accordance with §380.9711 of this title.
(5) At the entrance of all TJJD parking areas, signs
must be posted in English and Spanish noting: "This property is subject
to canine inspection and search by law enforcement."
|
| Source Note: The provisions of this §380.9713 adopted to be effective November 28, 2004, 29 TexReg 11099; 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 |
