Okla. Admin. Code § 377:10-13-81

Current through Vol. 42, No. 4, November 1, 2024

Section 377:10-13-81 - Searches and contraband control

(a) The control of contraband and weapons shall be a valid basis for authorization of searches.

(1) The facility director shall develop and implement policy and procedures for searches of the facility and juveniles for the purpose of controlling contraband. The searches shall be unannounced and at irregular intervals. Staff conducting the search shall be responsible for documenting the search.

(2) All room, cubicle, or dormitory searches must be conducted by two staff persons present at all times.

(3) A staff member conducting a search shall conduct the search in a manner which avoids undue or unnecessary:

(A) force;

(B) embarrassment; or

(C) indignity.

(4) Staff shall not have general authority to search the persons or property of juveniles except as authorized by this section.

(5) Staff shall be trained in effective and safe search techniques, including narcotic detection identification capability.

(6) Policies regarding searches shall reviewed annually and updated as necessary.

(b)Property searches. The facility director may, without specific cause, authorize a thorough search of any area, including the juvenile's living quarters and possessions.

(1) Staff shall conduct unannounced and irregularly timed searches. Any area of the facility, except the juvenile's living quarters (cubicle, drawers, etc.), may be searched by any RJTP employee without specific information or cause at any time. Staff shall conduct a complete search of each room or cubicle area prior to occupancy of a new juvenile.

(2) Except as authorized by the facility director, staff shall search juvenile's living quarters or property only on the reasonable belief that the juvenile possesses contraband.

(3) Staff shall conduct regulatory searches of the juvenile's person and property any time a juvenile enters the institution.

(4) Regimented juvenile training program employees may conduct routine visual inspections of personal living quarters without prior authorization. The purpose of the search is to determine whether the living quarters are being maintained in accord with health safety and security regulations. Routine visual inspections include, but are not limited to:

(A) opening drawers;

(B) opening closet doors; and

(C) looking under beds.

(5) Other searches of a juvenile's living quarters or possessions must be based on a reasonable belief that contraband is present. Except when the staff has reasonable fear that the juvenile will dispose of the contraband in the interval, written permission from staff designated by the facility director.

(6) A juvenile whose living quarters or possessions are being searched shall be present when the search is made, except in an emergency.

(c)Body searches. A body search includes any pat-down, disrobing, or cavity search. In conducting body searches, staff shall strive to preserve the dignity and integrity of the juvenile. A strip or cavity search may be conducted only after obtaining judicial approval for the search.

(1) A staff person may pat down the juvenile only if there is a reasonable suspicion that the juvenile is carrying contraband.

(2) Any search requiring a juvenile to disrobe must be authorized by the facility director. The search is justifiable only when staff have a strong suspicion that the juvenile is carrying contraband. Regimented juvenile training program staff who have had specific training in search procedures may be requested to assist authorized staff in conducting such searches.

(3) Staff shall search only juveniles of the same sex. The designated staff member shall conduct the search out of the sight of other juveniles. The juvenile may request the presence of a supervisory staff person.

(4) Only a medically-trained person (nurse or physician) shall conduct a visual or manual inspection of the anal or vaginal cavities. The search may be conducted only when there is strong reason to believe that the juvenile is carrying contraband there. Any body cavity search must be authorized by the facility director or designee. Authorized staff shall conduct the search in the area affording the greatest possible privacy and dignity to the juvenile. The juvenile may request a supervisory staff persons to be present.

(d)Reporting requirements. After any search, staff shall make a full report of the scope of the search, detailing any item confiscated. The juvenile-owner shall be given a receipt for any item confiscated. Immediately following a body search, the staff member who requested the search shall file a report with the facility director. The facility director or designee shall give a copy of the report to the juvenile. The staff member shall document the reason for the search in the written report of the search.

Okla. Admin. Code § 377:10-13-81

Added at 15 Ok Reg 771, eff 10-2-97 (emergency); Added at 15 Ok Reg 2682, eff 7-1-98