Mont. Admin. r. 20.9.618 - SEARCHES

(1) All policies and procedures on searches must, at a minimum, follow ACA standards.

(2) Although control of weapons and contraband is essential to the order and security of the detention facility, indiscriminate searches of youth are prohibited. Searches of a youth, the youth's possessions, room, or other areas of the facility are permitted only when there is sufficient reason to believe that the security of the facility is endangered or that contraband is present in the facility.

(3) A search policy must be established and made available to both staff and youth. The search policy must be reviewed at least annually and updated as needed.

(4) Searches may be performed for the following reasons:

(a) to prevent the introduction of weapons or other dangerous contraband into the facility;

(b) to detect the manufacture of weapons, escape devices, etc., within the facility;

(c) to discover and suppress trafficking between staff and youth;

(d) to check malicious waste or destruction of facility property; and

(e) to discover hazards to health or safety that may go unnoticed during routine inspections.

(5) Searches of youth may be performed only by properly trained personnel of the same gender.

(6) Strip searches may be performed upon entry to the facility or when there is reason to believe that weapons or contraband will be found.

(a) Strip searches are to be performed visually and in an area that ensures privacy.

(b) Clothing should be searched carefully and returned to the youth as soon as possible.

(7) A body cavity search must be authorized by the facility director or designee and will be done only when there is probable cause that weapons or contraband will be found.

(a) Only trained medical staff (e.g., a doctor or nurse) may perform a body cavity search.

(b) A body cavity search must be fully documented by medical staff. Copies of the documentation must be placed in the youth's file and a copy must be maintained at the facility.

Notes

Mont. Admin. r. 20.9.618

NEW, 1999 MAR p. 121, Eff. 1/15/99; AMD, 2005 MAR p. 2665, Eff. 12/23/05; AMD, 2011 MAR p. 570, Eff. 4/15/11.

41-5-1802, MCA; IMP, 41-5-1802, MCA;