9 CAR § 100-311. Searches in secure residential facilities of youth — Definitions

As used in this section and 9 CAR §§ 100-311 – 320: (1)(A) “Contraband” means any item or article that is: (i) Found or located: (a) In the possession of a person; (b) Within the facility; or (c) On facility property; and (ii) Not issued by the Division of Youth Services; (iii) Prohibited from being brought into the facility; or (iv) In violation of a statute. (B) “Contraband” includes without limitation: (i) Tobacco products; (ii) Lighters or matches; (iii) Glass containers; (iv) Cameras or video equipment; (v) Personal cell phones; (vi) Personal storage devices not issued by the Division of Youth Services; and (vii) Excessive amounts of approved items. (C) “Contraband” does not include an item or article that is specifically approved by the Director of the Division of Youth Services; (2)(A) “Illegal contraband” means an item that is illegal for any person to possess within a facility. (B) “Illegal contraband” includes without limitation: (i) Weapons; (ii) Alcohol; (iii) Illegal drugs; (iv) Unauthorized cellular devices or accessories; (v) Personal tools; or (vi) Any other item perceived by searching staff as dangerous; (3) “Pat search” means a search during which the staff pat down or frisk various areas of the person’s body while the person remains clothed; (4) “Persons” mean any of the following who is providing a service or visiting the facility for any purpose: (A) Division of Youth Services or Department of Human Services staff, visiting or permanently assigned; (B) Contracted provider; (C) Family member; (D) Visitor; or (E) Vendor; (5) “Professional visit” means an approved visit for the youth from: (A) An attorney; (B) A member of the clergy; (C) A social worker or therapist; (D) A caseworker; or (E) Professional staff of the Division of Youth Services or a provider; (6)(A) “Reasonable suspicion” means sufficiently reliable information used to objectively reach a common sense conclusion that a youth has engaged in conduct in violation of the law or Division of Youth Services rules or policies, including without limitation: (i) Being in possession of contraband, weapons, or drugs; or (ii) Having engaged in behavior that poses a risk to the youth or others. (B) “Reasonable suspicion” does not require absolute certainty, but rather sufficiently particularized probability, the type of common-sense conclusion about human behavior upon which reasonable and prudent people are entitled to rely; (7) “Secure residential treatment facility” means a Division of Youth Services facility, or a facility operated by a provider under contract with the Division of Youth Services, characterized by: (A) Locked entrances and exits; (B) Physically restrictive construction, including without limitation locked bedrooms; and (C) Procedures intended to prevent a youth from departing without the approval of the Division of Youth Services or the provider; and (8) “Strip search” means a search during which: (A) The youth is asked to disrobe completely; (B) The staff manually inspects the youth’s clothing; and (C) The staff visually inspect the youth’s body without touching the youth.