(1) Searches of youth may be conducted as
follows:
(a)
Personal search.
Staff may conduct a personal search of a youth under any of the following
circumstances:
1. If staff have reasonable
grounds to believe that the youth possesses contraband.
2. At the direction of the shift supervisor,
either orally or in written job instructions or post orders.
3. Before a youth enters or leaves the
security enclosure of an institution.
4. Before a youth enters or leaves the
security unit or changes status within the security unit of an
institution.
5. Before and after a
youth has been with a visitor.
6.
As part of a lockdown or a search of a housing unit or institution under s.
DOC 376.11 or 376.12.
7. When a youth is apprehended after an
escape or an attempted escape.
(b)
Strip search. A strip
search may only be conducted in a clean place and a place that is as private as
is reasonably possible. Except in emergencies, a person of the same sex as the
youth being searched shall conduct the strip search. A strip search of a youth
may be conducted under any of the following circumstances:
1. Before a youth leaves or enters the
security enclosure of an institution.
2. Before a youth leaves or enters the
segregation unit of an institution.
3. Before or after a youth has been with a
visitor.
4. When a youth is
apprehended after an escape, an attempted escape or an attempt to hide from
staff.
5. At the direction of the
superintendent who may delegate to a supervisor.
6. When a youth changes status within the
confines of a segregation building.
(c)
Body cavity search. A
body cavity search may only be conducted if the superintendent approves, upon
probable cause to believe that contraband is hidden in a body cavity. Medical
or nursing staff shall conduct body cavity searches. The superintendent shall
promptly notify the administrator of all body cavity searches.
(d)
Body contents search. A
body contents search may only be conducted by persons who are appropriately
licensed or certified by law to take blood samples and x-rays and perform other
appropriate procedures requiring a license or certification. Staff of the same
sex as the youth being searched shall collect urine specimens. Trained staff
may conduct breath specimen tests. Staff may direct that a body contents search
be conducted under any of the following conditions with the approval of the
superintendent:
1. If one or more staff, from
direct observation or reliable sources, have reasonable grounds to believe that
a youth has used, possesses or is under the influence of intoxicating
substances, as defined in s.
DOC 373.46(1) or possesses other
contraband that may be detected by a body contents search.
2. Upon intake in the assessment and
evaluation process.
3. After a
youth returns to the institution from any absence from the
institution.
4. After a youth has
been with a visitor.
5. As part of
a random testing program in which staff do not select youth by name or for a
specific reason.
6. Pursuant to a
court order requiring the youth to submit to drug testing.
(2) Results of searches and any
contraband, test results or other evidence obtained under sub. (1) may be used
as evidence at a disciplinary hearing conducted pursuant to s.
DOC 373.73.
(3) Contraband shall be disposed of in
accordance with s.
DOC 376.17.
(4) A written report or written log entry of
all searches under sub. (1) shall be filed with the superintendent The report
shall state all of the following:
(a) The
identity of the staff member who conducted the search and the shift supervisor
who approved it.
(b) The date and
time of the search.
(c) The
identity of the youth searched.
(d)
The reason for the search. If the search was a random search the report shall
state that it was random.
(e) Any
objects seized pursuant to the search.
(f) The identity of all staff present when
the search was conducted.
(5) Staff shall preserve the dignity of youth
to the extent reasonably possible in all searches conducted under this
section.
(6) Before a search is
conducted pursuant to this section, a youth shall be informed that a search is
about to occur, the nature of the search and the location where the search is
to occur.
(7) In deciding whether
there are reasonable grounds to believe a youth possesses contraband or whether
there is probable cause that contraband is hidden in a body cavity, staff shall
consider:
(a) Observations of
staff.
(b) Information provided by
a reliable informant.
(c) The
experience of a staff member.
(d)
Prior seizures or detection of contraband from the youth or living quarters of
the youth.
