Idaho Administrative Code
Title IDAPA 05 - Juvenile Corrections, Department of
Rule 05.01.02 - RULES AND STANDARDS FOR SECURE JUVENILE DETENTION CENTERS
Section 05.01.02.227 - SEARCH AND SEIZURE

Universal Citation: ID Admin Code 05.01.02.227

Current through August 31, 2023

01. Detention Center Search Plan. The detention center shall have written policy and procedures which outline a detention center search plan for the control of contraband and weapons and provides for unannounced and irregularly timed searches of juvenile offenders' rooms, day rooms, and activity, work or other areas accessible to juvenile offenders and searches of all materials and supplies coming into the detention center. (3-31-22)

02. Personal Searches. The detention center shall have written policy and procedures governing the personal searches of juvenile offenders, to include pat, strip, visual body cavity, and body cavity searches for the control of contraband and weapons and provides for unannounced and irregularly timed searches of juvenile offenders. Said policies and procedures shall include, at a minimum, requirements that: (3-31-22)

a. All searches be performed under sanitary conditions in a manner which protects the dignity of the juvenile to the greatest extent possible; (3-31-22)

b. All pat searches be performed by direct care personnel of the same sex as the juvenile, except under exigent circumstances; (3-31-22)

c. All strip or visual body cavity searches be performed by direct care personnel of the same sex as the juvenile with the exception of the health authority or medical personnel; (3-31-22)

d. No person of the opposite sex of the juvenile shall be allowed to observe any unclothed search of the juvenile, including strip, visual body cavity, or body cavity searches with the exception of the health authority or medical personnel; (3-31-22)

e. All body cavity searches shall be conducted only by the health authority or by medical personnel; (3-31-22)

f. An initial pat search must be performed at the intake process prior to the removal of any mechanical restraints; and (3-31-22)

g. Any search or physical examination of transgender or intersex residents for the sole purpose of determining genital status is prohibited. (3-31-22)

03. Documentation of Certain Searches. The detention center shall have policies and procedures which govern the documentation of certain searches. Documentation shall be maintained in detention center records and in the juvenile offender's record, and shall include justification and any exigent circumstances surrounding the search. Searches which must be documented include, but are not limited to; (3-31-22)

a. Any search performed by direct care personnel of the opposite sex as the juvenile; (3-31-22)

b. Any strip or visual body cavity search performed or observed by direct care personnel of the opposite sex of the juvenile; (3-31-22)

c. Any body cavity search observed by direct care personnel of the opposite sex of the juvenile; or (3-31-22)

d. Any strip, visual body cavity or body cavity search performed. (3-31-22)

04. Seizure and Disposition of Contraband. The detention center shall have written policy and procedures which explains the chain of custody to govern the handling and/or disposal of contraband. All contraband found during detention center or juvenile offender searches shall be seized and processed according to detention center policy, including involvement of law enforcement, if appropriate. The seizure and disposition of the contraband shall be documented. When a crime is suspected to have been committed within the detention center, all evidence shall be maintained and made available to the proper authorities. (3-31-22)

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