Section 1240-08-09-.07 - SEARCH AND INSPECTION POLICY(1) Search by Center Officials. The Center reserves the right to enter into facility-owned property or student property brought to the facility for the purpose of search and seizure if there is reasonable cause to believe that a student is using property for purposes which are illegal or contrary to the regulations of the facility.(a) An "Authorization to Search" may be issued when there is reasonable cause to believe that persons, objects, or materials are illegally present or in violation of Center regulations. The search authorization may be made by the Night Administrator or by the Deputy Center Director. When there is apparent danger to persons or property or a situation involving serious misconduct, any of the above persons named or any executive level staff member of the Center may authorize a search.(b) The persons authorizing a search will normally complete the Authorization to Search Form (Form A-33) before the search is conducted. When it is not feasible to obtain a letter of authorization, oral authorization will be obtained from the Center Director or designee. The Authorization to Search will be confirmed in writing at the earliest possible time. A completed copy of the Authorization to Search Form will be filed with the Security Office and with the Office of the Center Director as soon as possible after the search. A third copy will be presented to the individual whose premises were searched. Circumstances which would authorize a search by Center officials consist of the officials observing or otherwise determining through physical senses (sound, smell, etc.) that a violation is taking place at any given time. For example, if a Center official can see illegal contraband in a resident's room, he/she does not need the consent of the student to legally enter and confiscate the contraband.(c) Except in apparently dangerous situations, a search will be conducted by at least two (2) persons, one of whom should be an administrative official. If feasible, the person or persons whose residence is being searched should be present during the search. A reasonable effort will be made by the Center official conducting the search to locate the student prior to conducting the search.(d) All evidence found in such searches will be retained by the Center Security Office or by local law enforcement until disposition of the case. A statement will be given to the student listing all items seized during the search.(e) The Center also has the option to obtain a warrant for a search by campus security or city police. In these instances, the student will be subject to the disciplinary regulations of the Center and whatever action local law enforcement deems necessary.(2) Housing Facility Inspection. A Dormitory Supervisor will make periodic, scheduled inspections of housing facilities to see that no damage is occurring from improper cleaning, storage of food, or abuse of furnishings. As an integral part of a comprehensive rehabilitation program, room inspections will be made for students whose rehabilitation program includes vocational evaluation and work adjustment training. These inspections will be scheduled in advance. In addition, all non-honor students in vocational training will be scheduled for weekly room inspections. After thirty (30) days in honor status and evidence of proper room maintenance, room inspections may be discontinued by the student's Program Manager. These inspections are not deemed "searches." Dormitory Supervisors will examine the facilities only for the purpose stated.(3) Entry for Safety and Health Inspection. The facility reserves the right of entry to dormitory rooms on an announced scheduled basis if health hazards present at the facility should necessitate such inspections.(4) Maintenance Inspection of Center Housing Facilities. Center maintenance personnel will enter Center-owned housing facilities for routine maintenance work and in response to requests for repairs.(5) Emergency Entry. The facility reserves the right of entry to dormitory rooms for purposes of responding to health, safety or maintenance problems of an emergency nature.(6) The "Search and Inspection Policy" of the Community Tennessee Rehabilitation Centers facilities program will follow the same policies outlined in the Search and Inspection Policy described above for the Tennessee Rehabilitation Center, except that the search authorization will be made by the Center Manager.Tenn. Comp. R. & Regs. 1240-08-09-.07
Original rule filed June 30, 1980, effective August 14, 1980. Transferred from the Department of Education by Executive Order No. 43; effective February 11, 1983. Amendment filed June 28, 1983; effective July 28, 1983. Repeal and new rule filed June 30, 2009; effective September 13, 2009.Authority: T.C.A. §§ 4-5-202;71-1-105(12); 49-11-604.