9 CAR § 100-321. Searches in secure residential facilities of staff and visitors — Definitions

As used in this section and 9 CAR §§ 100-321 – 324: (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 Department of Human 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) 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 are 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; and (7) “Secure residential treatment facility” means a Division of Youth Services facility, or a facility operated by a provider under contract with the division, 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 or the provider.