N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 180-3.18

Current through Register Vol. 46, No. 53, December 31, 2024

Section 180-3.18 - Youth Searches

A specialized secure detention facility shall develop written policies and procedures, approved by OCFS and SCOC, for the search of youth for the purpose of finding contraband that include the following requirements:

(a) Definitions of terms as follows:

(1) "Personal search" shall mean a search of a youth's body to determine whether the youth has concealed contraband. Personal searches may include: use of a metal detector, pat search, mouth search, strip search, and or radiological search.

(2) "Cavity search" shall mean a physical examination of a youth's anal and/or genital cavities.

(3) "Mouth search" shall mean the visual inspection of a youth's mouth.

(4) "Pat search" shall mean an inspection, by hand, of a youth's person and outer clothes while the youth is clothed.

(5) "Radiological search" shall mean a non-invasive internal examination of a youth using medical imaging equipment.

(6) "Strip search" shall mean the visual search of a youth's clothing and unclothed body.

(7) "Reasonable suspicion" shall mean the amount of information sufficient to compel an ordinarily prudent and cautious person to act under the circumstances. Reasonable suspicion must be directed at a specific person and be based on specific and articulable facts and the logical inferences and inductions which can be drawn from those facts.

(b) Cavity searches are prohibited.

(c) Youth must be offered an opportunity to relinquish contraband prior to any personal search.

(d) Personal searches shall not be conducted for punishment, retaliation, discipline, administrative convenience or harassment/embarrassment of youth.

(e) Except in emergency situations, personal searches shall be conducted by staff of the same gender as the youth being searched. Transgender youth may request staff of any gender to conduct a strip or pat search. Whenever possible, this request must be accommodated, considering staffing and safety needs.

(f) A staff member of any gender may conduct metal detector and mouth searches of youth.

(g) The parameters for routine and non-routine personal searches, which shall include, but not be limited to:

(1) the type of personal searches permitted or required;

(2) who can conduct each type of personal search;

(3) when and under what circumstances routine personal searches and non-routine personal searches are permitted or required;

(4) conditions for personal searches that account for preserving privacy and dignity to the extent possible; and

(5) protocols and requirements for documenting all personal searches, including itemization of and disposition of contraband.

N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 180-3.18

Adopted New York State Register July 25, 2018/Volume XL, Issue 30, eff. 7/25/2018