Idaho Administrative Code
Title IDAPA 05 - Juvenile Corrections, Department of
Rule 05.01.04 - RULES GOVERNING COUNTY JUVENILE PROBATION AND DETENTION SERVICES
Subchapter B - RULES FOR JUVENILE DETENTION CENTERS
Section 05.01.04.260 - SEARCH AND SEIZURE

Universal Citation: ID Admin Code 05.01.04.260

Current through September 2, 2024

01. Detention Center Search Plan. The detention center will 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.

02. Personal Searches. The detention center will 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 include, at a minimum, requirements that:

a. All searches be performed under sanitary conditions in a manner which protects the dignity of the juvenile to the greatest extent possible;

b. All pat searches be performed by direct care personnel of the same sex as the juvenile, except under exigent circumstances;

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 medical personnel;

d. No person of the opposite sex of the juvenile, with the exception of medical personnel, will observe any unclothed search of the juvenile, including strip, visual body cavity, or body cavity searches;

e. All body cavity searches are conducted only by medical personnel;

f. An initial pat search is performed at the intake process prior to the removal of any mechanical restraints. A second pat search should be performed after the removal of any mechanical restraint; and

g. Any search or physical examination of transgender or intersex residents for the sole purpose of determining genital status is prohibited.

03. Documentation of Certain Searches. The detention center will have policy and procedures which govern the documentation of certain searches. Documentation is maintained in detention center records and in the juvenile offender's record, and include justification and any exigent circumstances concerning the search. Searches which must be documented include, but are not limited to;

a. Any search performed by direct care personnel of the opposite sex as the juvenile;

b. Any strip or visual body cavity search performed or observed by direct care personnel of the opposite sex of the juvenile;

c. Any body cavity search observed by direct care personnel of the opposite sex of the juvenile; or

d. Any strip, visual body cavity or body cavity search performed.

04. Seizure and Disposition of Contraband. The detention center will 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 is seized and processed according to detention center policy, including involvement of law enforcement, if appropriate. The seizure and disposition of the contraband is documented. When a crime is suspected to have been committed within the detention center, all evidence is maintained and made available to the proper authorities.

Effective July 1, 2024

Disclaimer: These regulations may not be the most recent version. Idaho may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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