N.Y. Comp. Codes R. & Regs. tit. 18 § 450.8

Current through Register Vol. 46, No. 45, November 2, 2024

Section 450.8 - Searches

(a) A limited secure facility must have a written search policy approved by the office which must address the types of searches that may be conducted, the circumstances under which searches may be conducted, necessary documentation of searches, reporting of searches to the office, and other topics as required by the office.

(b) A limited secure facility may conduct pat-frisk searches of youth and searches of youths' rooms and other areas of the facility on a routine basis in accordance with the written search policy approved by the office, which must specify the frequency of such routine searches. A limited secure facility also may conduct other types of approved personal searches on a routine basis when a youth is admitted to the facility as part of a new placement or upon readmission to the facility as a result of a revocation of the youth's aftercare status in accordance with a written policy approved by the office as part of the facility's search policy.

(c) Except for routine searches authorized in accordance with subdivision (b) of this section, all other pat-frisk and other approved personal searches of youth and searches of youths' rooms and other areas of the facility may only occur with the prior approval of the facility director or designee upon documentation that reasonable suspicion exists that contraband is hidden on the youth, or within the area to be searched, as applicable.

(d) Personal searches of youth shall be conducted by personnel of the same gender or gender identity of the youth unless exigent circumstances exist and must be conducted in the presence of a supervisor and/or another child care staff member in accordance with the facility search policy.

(e) Every possible effort must be made to have the youth physically present whenever the youth's room, locker or possessions are searched. If this is impossible because the youth is not present and there is reasonable cause to believe that a person(s) at the facility will be endangered by waiting for the youth to return, the youth shall be notified at the earliest possible time that a search has been made and whether any material has been confiscated.

(f) Youth shall be provided with a written notice specifying any materials confiscated during a room search.

(g) Any contraband found during a search shall be confiscated, logged and stored in a secure manner or turned over to the proper authorities in accordance with the facility's approved search policy.

(h) The time of each search, specific area searched, staff members conducting the search, and results of the search shall be documented both in the youth's record and in a separate facility search documentation log. Each personal search of a youth and of the youth's room shall also be documented in the youth's case record.

(i) Body cavity searches are prohibited.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 450.8

Adopted New York State Register November 4, 2015/Volume XXXVII, Issue 44, eff.11/4/2015