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

(1) The following categories of youth searches may be conducted as follows:

(a) Personal search. Staff may conduct a personal search of a youth under any of the following circumstances:

1. At the direction of a supervisor.

2. If staff have a reasonable belief that the youth possesses contraband.

3. Before a youth enters or leaves the security enclosure of a facility.

4. Before and after a youth has been with a visitor.

5. As part of a lockdown or a search of a housing unit under s. DOC 376.12 or facility under s. DOC 376.11.

6. When a youth is apprehended after an escape or an attempted escape.

(b) Body scan search. A body scan search of a youth may occur only if there is probable cause to believe that the individual youth possesses or has ingested contraband or other harmful materials that could not be discovered through less intrusive means. Body scan searches of youth are subject to all of the following:

1. A body scan search may only be conducted in a private location not in view of other youth or staff members not involved in the search.

2. Body scan searches may only be conducted by a person of the same gender identity as the youth being searched unless the search is conducted by a medical staff.

3. Body scan searches may not be conducted in view of others not directly involved in the search and must be conducted away from video recording.

4. Psychology staff shall be notified as soon as practicable when a youth has been body scan searched.

5. Body scan searches shall be documented by staff.

6.

a. Images produced utilizing body scanner technology may be viewed only when necessary by supervisors, psychology staff, or the health services unit.

b. Images produced utilizing body scanner technology may not be stored on any external storage device or copied in any manner, unless authorized by the superintendent.

(c) Strip search. A strip search of a youth may occur only if there is probable cause to believe that the individual youth possesses contraband that could not be discovered through less intrusive means. Strip searches, when permitted, are subject to all of the following:

1. A strip search may only be conducted in a private location. No unintended individuals including youth and staff shall be able to view the search, including by video or audio recording.

2. Strip searches may only be conducted by a person of the same gender identity as the youth being searched unless the search is conducted by a medical professional.

3. Less intrusive search methods shall be attempted before a strip search is conducted, unless it is determined by psychology staff in consultation with the youth that less intrusive searches, which may include physical contact, would cause greater trauma to the youth.

4. Strip searches may only be conducted by staff trained in trauma-informed care in accordance with facility policy.

5. Psychology staff shall be consulted prior to a strip search.

6. Strip searches shall be documented by staff.

(d) Body contents search. Only staff assigned by the superintendent may obtain samples as part of a body contents search. Staff of the same gender identity as the youth being searched shall collect urine specimens. Trained staff may conduct breath specimen tests. Assigned staff may conduct a body contents search under any of the following circumstances, and only after approval by the superintendent:

1. For security reasons.

2. For program reasons.

3. For investigation purposes if one or more staff, from direct observation or reliable sources, have a reasonable belief that a youth has used, possesses, or is under the influence of intoxicating substances.

4. As part of a random testing program.

5. As required by a court for DNA analysis under s. 973.047, Stats., or any other biological specimen analysis.

(2) Staff shall preserve the dignity of youth to the extent reasonably possible in all searches conducted under this section and are required to conduct all searches utilizing trauma-informed care.

(3) Before a search is conducted pursuant to this section, a youth shall be informed that a search is about to occur and of the nature of the search and the location where the search is to occur.

(4) Results of searches, and any contraband or test results obtained under sub. (1), may be retained as evidence for consideration in response to addressing noncompliant behaviors.

(5) All searches conducted under sub. (1) shall be documented by staff and include all of the following:

(a) The identity of the staff member who conducted the search.

(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 so state.

(e) Any objects seized pursuant to the search.

(f) The identity of all staff present when the search was conducted.

(g) When a body scan search is conducted, the documentation shall assert how the limitations and requirements in sub. (1) (b) are met.

(h) When a strip search is conducted, the documentation shall assert how the limitations and requirements in sub. (1) (c) are met.

(6) Contraband seized as the result of any search under sub. (1) shall be disposed of in accordance with s. DOC 376.17. All contraband seized shall be documented by staff along with searches required by sub. (1) and include the place and time contraband was seized and the identity of the person possessing the contraband. If the contraband was not found in possession of a person, the report shall state that fact.

Notes

Wis. Admin. Code Department of Corrections DOC 376.13

Cr. Register, June, 2000, No. 534, eff. 7-1-00. Amended by, CR 24-003: r. and recr. Register February 2025 No. 830, eff. 3/1/2025