83 Neb. Admin. Code, ch. 15, § 004

Current through September 17, 2024
Section 83-15-004 - Initial Search

The admitting staff member shall conduct a complete and thorough search of the juvenile being admitted. Written policies and procedures regarding searches upon admission shall be consistent with the following provisions:

004.01 All searches shall be of the least intrusive type necessary to satisfy the safety and security needs of the facility.
004.02 The pat search shall be considered the initial method of searching juveniles upon admission. All pat searches shall be conducted as prescribed in Chapter 8-015.
004.03 Strip searches upon admission are authorized only upon individualized determination of reasonable suspicion or probable cause as set forth below:
004.03A When there is reasonable suspicion that the juvenile has on his or her person contraband, weapons, criminal evidence, or other items concealed which present a threat to the safety and security of the facility;
004.03B When there is reasonable suspicion that a strip search is necessary to confirm the presence of a health condition requiring immediate medical attention; or
004.03C When there is probable cause to believe that a strip search is necessary to confirm the presence of other criminal evidence concealed on the juvenile's body.
004.04 For the purpose of determining when a strip search is authorized, reasonable suspicion shall be deemed present when:
004.04A Charges involve a crime of violence;
004.04B Charges involve escape, burglary, or use of a weapon;
004.04C Charges involve narcotics related offenses;
004.04D The detainee's prior record indicates arrest or conviction for one of the above offenses;
004.04E The detainee is being admitted as a sentenced prisoner, a prisoner in transit, or a prisoner being held for Federal authorities;
004.04F The detainee is suspected of concealing contraband or a weapon; or
004.04G The detainee is suspected of being injured or infested with vermin.
004.05 Body cavity searches upon admission are authorized only when there is probable cause to believe that contraband will be discovered.
004.05A Body cavity searches must be authorized by the facility administrator or his or her designee.
004.05B No body cavity searches may be conducted unless a thorough pat search, strip search, and search of the juvenile's clothing have failed to satisfy the safety and security needs of the facility.
004.06 All strip searches and body cavity searches shall be conducted under the conditions as prescribed by Chapter 8-016.
004.07 A written record shall be made of any strip search or body cavity search of a juvenile upon admission. Such record shall include:
004.07A The name of the juvenile being searched;
004.07B Name of the facility employee or medical person conducting the search and other persons present during the search;
004.07C Time, date, and place of the search;
004.07D Statement of the results of the search along with any unauthorized items or health conditions discovered;
004.07E Statement of the facts which led facility employees to believe there was reasonable suspicion or probable cause to conduct the search.

83 Neb. Admin. Code, ch. 15, § 004