Current through Register Vol. 18, September 20, 2024
(1) The provisions of this rule apply to all
searches by YCF staff of the youth's person and the youth's personal property,
including searches of personal correspondence. The facts and circumstances
supporting a determination of reasonable cause for the search must be
documented in the youth's file.
(2)
Youth may not be subjected to any search except as follows:
(a) there is reasonable cause to believe that
the search will result in discovery of contraband;
(b) there is reasonable cause to believe that
the search is necessary to alleviate a threat of harm to the youth, other
youths, or staff; or
(c) there is a
court order/parole order in the youth's case record allowing for
searches.
(3) The YCF
shall adopt policies and procedures relating to searches, including pat-down
searches, personal property searches, correspondence searches, urinalysis
testing, and breathalyzer testing. The policies must include but are not
limited to the following:
(a) a procedure for
documenting all searches, reasons for the search, who conducted the search, and
the results of the search;
(b)
notification of the search policy to placing worker or parent/guardian and
youth at time of admission;
(c) a
protocol for conducting personal property searches when the youth is not
available to be present for the search;
(d) the consequences to a youth when
contraband is located;
(e)
description of what happens to contraband which has been located; and
(f) pat-down searches on youth, which must be
conducted by staff persons of the same sex.
(4) Staff must be trained in the proper
protocol for all searches.
(5)
Youth may not be subjected to any of the following intrusive acts:
(a) strip searches;
(b) body cavity searches; or
(c) video surveillance except in common areas
such as the living room, kitchen, and hallways.
(6) The YCF shall have adopted policies and
procedures prior to use of urinalysis testing for the purposes of determining
drug and alcohol use which address, at minimum, procedures for obtaining
samples for urinalysis testing, procedures for processing urinalysis testing,
and consequence to the youth when a urinalysis is positive.
(a) Youth may not be subjected to testing
unless the testing:
(i) has been ordered by a
court;
(ii) is required pursuant to
a case plan for monitoring drug or alcohol use, as approved by the parent,
legal guardian, parole officer, or committing agency; or
(iii) is requested by the youth's parent or
legal guardian.
(b) The
YCF shall notify the youth's placing worker and custodial parent or guardian of
every urinalysis testing performed on the youth and the results.
(c) Staff shall document compliance with YCF
policies and procedures in connection with each urinalysis testing.
(7) The YCF shall have adopted
policies and procedures prior to use of breathalyzer testing which address, at
minimum, procedures to be used to obtain a breathalyzer test and consequences
to the youth when a breathalyzer is positive:
(a) Breath testing may only be conducted by
appropriate law enforcement personnel and probation, parole, or correctional
officer.
(b) Youth may be not
subjected to breathalyzer testing unless the testimony:
(i) has been ordered by a court;
(ii) is required pursuant to a case plan for
monitoring alcohol use, as approved by the parent or legal guardian;
or
(iii) is requested by the
youth's parent or legal guardian, probation, parole, or correctional
officer.
(c) The YCF
must notify the youth's placing worker and parent or guardian of every
breathalyzer test performed on the youth and the results.
(d) Staff shall document compliance with YCF
policies and procedures in connection with each breathalyzer testing.
52-2-111,
52-2-603,
52-2-622,
MCA; IMP,
52-2-113,
52-2-603,
52-2-622,
MCA;
