Wis. Admin. Code Department of Corrections § DOC 376.13 - Search of youth

Current through March 28, 2022

(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.

Notes

Wis. Admin. Code Department of Corrections § DOC 376.13
Cr. Register, June, 2000, No. 534, eff. 7-1-00.

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