1. The facility shall maintain written
policies, procedures, and actual practices governing searches of youth, the
facility, and visitors in accordance with applicable law. The facility posts a
summary of the search policy at the entrance to the facility; in the
intake/admissions area, day rooms, or in a handbook given to each youth; and in
visiting areas. Written procedures address each of the following:
a. Intake searches may include pat-downs,
metal detector, or clothing searches. If the facility permits strip searches or
visual body cavity searches upon intake, they are conducted in accordance with
applicable law. Strip searches are conducted only at admission or when there is
a reasonable belief that the juvenile is carrying contraband or other
prohibited material. A second staff person shall observe the staff member
conducting the search to verify that the search was conducted in accordance
with agency policies.
i. Staff do not search
or physically examine a transgender or intersex youth for the sole purpose of
determining the youth's genital status.
ii. In the event a youth's gender is
indeterminable, a qualified health professional shall be contacted to conduct a
physical exam for the sole purpose of gender determination for youth
classification and youth safety.
b. Youth who are returning from court,
school, another facility, visits on the premises, or who have otherwise been
continuously in custody, may be searched by a pat-down, metal detector, or
clothing search. Staff may conduct strip or visual body cavity searches in such
circumstances only with prior supervisory approval, upon reasonable suspicion
that a youth is in possession of a weapon or contraband, and in accordance with
applicable law. All strip and visual body cavity searches are documented, and
the rationale is reviewed for appropriate basis.
c. Staff conduct facility and individual room
searches when needed with the least amount of disruption and with respect for
youth's personal property.
d. Staff
may conduct searches of persons entering the premises by facility-approved pat
down, metal detector, clothing searches, or other searches as permitted by
applicable law, to ensure the safety of persons in the facility, to discover
contraband, to inventory property, or to protect the security and sound
operation of the facility.
e. A
list of items that may and may not be taken into the facility by visitors. This
list is posted in the facility in an area visually accessible by
visitors.
f. A list of items that
may not be taken into the facility by staff. The facility provides staff with a
list of items that may and may not be taken into the facility by staff. Staff
are personally searched if probable cause exists that the staff member is in
possession of a weapon or contraband.
3. Persons conducting pat-down searches and
clothing searches are of the same gender as the person being searched except in
exigent circumstances (i.e. immediate threat to self or others, possession of
contraband). Staff conducting strip searches, visual body cavity searches, or
collecting urine samples are of the same gender as the person being strip
searched except when performed by medical practitioners. Staff document and
provide written justification for all cross-gender searches.
4. Staff conduct strip searches and visual
body cavity searches with youth individually and in a private setting along
with secondary staff.
5. Only
medical personnel may conduct physical body cavity searches. Staff notify
parents or guardians if a youth is subjected to a physical body cavity search.
Female staff are present during physical body cavity searches of females.
6. Staff do not conduct searches
of youth, youth rooms, or visitors as harassment or for the purpose of
punishment or discipline.
Miss. Code Ann.
§§
43-21-901
to
43-21-915
(Rev. 2016).
