New Mexico Administrative Code
Title 8 - SOCIAL SERVICES
Chapter 14 - JUVENILE JUSTICE
Part 2 - PROBATION AND AFTERCARE SERVICES
Section 8.14.2.14 - SEARCHES

Universal Citation: 8 NM Admin Code 8.14.2.14

Current through Register Vol. 35, No. 6, March 26, 2024

A. Authorized department personnel are allowed to conduct searches of a client's person and of property used by the client or under the client's control as provided for in orders of the court or department and as further provided for in procedures, where not inconsistent with orders of the court, the department, or federal or state law.

B. JPO staff conducting client searches must be the same gender as that of the client.

C. In accordance with procedures, all contraband that is prohibited material by an order of the court or department that is discovered during searches is confiscated, inventoried, and stored until it is no longer needed as evidence.

(1) The chief juvenile probation officer designates an evidence custodian to maintain contraband or prohibited material in accordance with procedures.

(2) Final disposition or destruction of contraband or prohibited material is performed in accordance with procedures.

(3) If staff confiscates or discovers a weapon or illegal drug, staff immediately informs the chief juvenile probation /supervised release officer and contacts law enforcement with jurisdiction. For weapons and illegal drugs that are seized by law enforcement, the staff member confiscating or discovering the contraband documents the item on the department approved chain of custody form and retains a copy of the chain of custody form.

(4) Juvenile probation shall not assist with searches by law enforcement officers of persons or their property who are not JPO clients. Juvenile probation officers may assist with searches by law enforcement of probation clients, their residences or their property only when such searches are specifically and directly related to the order of the court or department relating to the juvenile client.

(5) Each chief juvenile probation officer superintendent is responsible for ensuring that staff who have contact with clients sign a copy of the department approved form called acknowledgement of receipt and understanding and that these signed forms are part of the of the employee's personnel file.

Disclaimer: These regulations may not be the most recent version. New Mexico 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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