COLORADO DEPARTMENT OF HUMAN SERVICES DIVISION OF YOUTH SERVICES
POLICY S 9.13
PAGE NUMBER 1 OF 8
CHAPTER: Security and Control SUBJECT: Searches of Youth and Facilities EFFECTIVE DATE: February 1, 2018
THIS POLICY RELATES TO: State Owned Privately Operated Secure Detention Facilities State-Operated Detention Facilities State Owned Privately Operated Secure Treatment Facilities State-Operated Treatment Facilities
I.
Anders Jacobson, Director
POLICY: Search practices are essential to the safety and security of the facility and shall be designed to prevent, control, and intercede in the introduction of weapons or other contraband; however, indiscriminate body searches of juveniles are prohibited. Upon a youth’s admission to the facility (except in transfers between state secure programs), returning from an unsupervised setting, or whenever there is reason to believe that the security of the facility may be endangered or that contraband may be present in or introduced into the facility, the search of a youth and their possessions shall occur.
II.
KEY TERMS: A.
Body Cavity Search: A visual, manual or instrument inspection of a youth’s oral, anal or vaginal cavity.
B.
Contraband: Any item or article in the possession of a juvenile or found in the facility that has not been officially issued, purchased, or approved. This includes items that can be used as a weapon or for the purposes of escape, bodily harm, or presents as a safety and/or security concern in the facility.
C.
Pat Search: A search during which a youth is not required to remove their clothing but where the clothing and the youth’s body is searched by sight and touch.
D.
Personal Search: A search during which a juvenile is required to remove their clothing and where the clothing is carefully searched by sight and touch and the juvenile is
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searched by sight only. The YOUTH is provided a gown prior to undressing in order to protect privacy and support Division of Youth Services’ commitment to ensuring a trauma responsive environment. The YOUTH shall have the gown on during the entire personal search. E. III.
ASSOCIATED FORM: 1.
IV.
Full Search: A search during which a YOUTH is searched by sight only after removing both clothing and gown.
YOUTH PERSONAL SEARCH LOG
PROCEDURE: A.
B.
Purpose of Searches: 1.
To prevent, detect, and suppress, the introduction, manufacturing, and circulation of contraband into or within the facility.
2.
To detect the destruction or alteration of facility property in preparation for the hiding of contraband.
3.
To recover stolen or missing property.
4.
Inspection of physical plant for vulnerable areas and safety and security concerns.
Identification of Contraband: 1.
The following are items that are considered contraband: a.
Firearms.
b.
Ammunition.
c.
Knives and razor blades.
d.
Items designed as weapons.
e.
Explosives and fireworks.
f.
Drugs, drug paraphernalia (pipes, cigarette papers, syringes, electronic nicotine delivery systems (ENDS), hypodermic needles, etc.).
g.
Tobacco products, lighters or matches.
h.
Unauthorized Medication.
i.
Alcoholic beverages.
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C.
SUBJECT Searches of Youth and Facilities
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j.
Inhalants.
k.
Unauthorized food or beverages.
l.
Cash, credit cards, or other monetary exchange items.
m.
Pornography.
n.
Unauthorized electronic devices
o.
Additional items may be considered contraband at the discretion of the Facility Administration.
Each facility shall develop a sample list of items prohibited within the facility, including those listed above. a.
A copy of the sample list of contraband items shall be included in the facility's security and control manual.
b.
A copy of the sample contraband list shall be posted for YOUTH, visitors, and staff.
Searching YOUTH: The search of a YOUTH requires professional expertise and a humane and dignified demeanor on the part of the staff; therefore, staff shall be trained in proper search techniques. When searching a YOUTH, the YOUTH shall be informed discretely of the process that is about to take place and shall not be touched any more than is necessary to conduct a comprehensive search. Information must be provided in the primary language of the YOUTH regarding their rights during the search. 1.
INITIAL ADMISSION SEARCHES: a.
WHEN A YOUTH IS INITIALLY ADMITTED TO THE FACILITY BY LAW ENFORCEMENT, LAW ENFORCEMENT SHALL MAINTAIN CUSTODY AND YOUTH SHALL REMAIN IN HANDCUFFS UNTIL A PAT SEARCH IS CONDUCTED.
b.
HANDCUFFS MAY BE REMOVED AFTER A SAFE PAT SEARCH AT WHICH TIME STAFF SHALL CONDUCT A METAL DETECTOR WAND SEARCH WITH LAW ENFORCEMENT PRESENT. STAFF SHALL THEN PROCEED WITH REMAINDER OF INTAKE AND SEARCH PROTOCOL.
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3.
SUBJECT Searches of Youth and Facilities
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Pat Search: a.
A pat search may be utilized to maintain safety, security, and order of a facility. A pat search shall be initiated by a trained staff to ensure the facility environment is free of contraband.
b.
A YOUTH’S clothing shall never be removed during a pat search.
c.
A pat search of the YOUTH shall be conducted by a staff member of the same gender or gender identity as the juvenile being searched.
d.
Using sensitivity, the staff shall: i.
Inform the YOUTH that they shall be searched.
ii.
Visually check the YOUTH’S hair, ears, nose, mouth, and under the tongue.
iii.
Have the YOUTH place their feet apart, arms aside and face away from the staff member.
iv.
Physically check the YOUTH’S shoes, insoles, and socks.
v.
Have the YOUTH turn around and check their collar, shoulders, and underarms, including the bra bands.
vi.
Tuck thumb in waistband and starting from the front zipper, slide it all the way around the pants.
vii.
Check the outside of the legs to the ankle and the inside of the legs to the groin.
viii.
Staff may use a metal detection wand as part of the pat search process to search YOUTH for contraband.
Personal Searches: a.
b.
A personal search shall be performed on a YOUTH at the time of admission except for transfer between state secure programs; upon returning from an unsupervised absence from a facility; upon return to a facility for an approved event; following unsupervised family visits within the facility; following a supervised community outing where there was the ability to obtain contraband or with the approval of the facility director or facility on-call assistant director when there is reasonable suspicion to believe that contraband may be found; A personal search shall not be conducted when a youth has been continuously supervised by Division of Youth Services staff and is moved from one DYS
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secure setting to another or is returning to the facility from court and the youth has remained in secure custody throughout that time. c.
A personal search shall always be conducted by a staff member of the same gender or gender identity as the YOUTH in accordance with the Division’s Policy regarding non-discriminatory services to lesbian, gay, bisexual, transgender, questioning, and intersex (LGBTQI) YOUTH.
d.
The facility shall not search a transgender or intersex resident for the sole purpose of determining the resident’s biological sex.
e.
A personal search shall be performed in an area that ensures the privacy and dignity of the youth and the youth shall be provided a gown to wear when unclothed.
f.
Personal searches shall be performed by both visually inspecting the YOUTH’S body not covered by the gown and physically searching the YOUTH'S clothing.
g.
Staff shall follow the steps outlined below when conducting a personal search: i.
Wand the youth with a metal detector and complete a pat search of the youth.
ii.
Have youth remove clothing in a private area away from staff and provide them with a gown to wear when undressed. The gown shall not be removed during any part of the personal search process.
iii.
Search the room where the youth has undressed to ensure no contraband has been discarded or hidden.
iv.
Visually check the YOUTH'S hair, fingers, toes, ears, nose, mouth, and under the tongue. Verbally direct the youth, with their hands outside of the gown, to lift breasts or other body fold areas such that hidden objects may drop to the floor.
v.
Have the youth distance their legs apart and hold their arms out to the side.
vi.
With arms remaining out to the side, have youth turn slowly in a complete circle.
vii.
Have the YOUTH squat down and forcibly cough.
viii.
If necessary, bandages may be removed by medical personnel.
ix.
Search clothing carefully and provide the youth with appropriate clothing as quickly as possible.
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x.
4.
5.
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Allow the youth to get dressed in a private area away from staff.
h.
YOUTH are never to be forcibly searched.
i.
If a YOUTH refuses to be searched or to turn over concealed contraband, the youth can be placed in seclusion or in an area separate from other youth and under direct staff supervision until which time the search is completed. Refer to the Division of Youth Services policy for seclusion protocols.
j.
All personal searches shall be documented on the Division of Youth Services search log.
Full Searches a.
A full search requiring a youth to remove both clothing and gown shall only be conducted if there is reasonable suspicion that the youth is concealing contraband under their gown during a personal search.
b.
Prior to conducting a full search the supervisor on duty shall obtain permission to do so from the facility administrator on call.
c.
Medical staff or a second staff person of the same gender or gender identity as the youth shall be present for the search, if on-duty.
d.
The same steps shall be followed in conducting a full search as are outlined in the previous section under personal search.
e.
If a full search is authorized and conducted it shall be documented in an incident report, including details of the reasonable suspicion justifying the search, the results of the search, staff present, and the notifications and approval obtained. The youth’s parent or legal guardian shall be notified within one hour of conducting the search.
f.
All full searches shall be documented on the Division of Youth Services search log.
Body Cavity Examination: When there is probable cause to believe that contraband will be found, a body cavity search, either by visual, manual, or instrumental means, shall only be conducted at a local medical facility by a licensed medical professional, when authorized by both the facility medical authority and the facility director.
6.
Whenever any contraband is found in a YOUTH’S possession, it shall be immediately confiscated. If the contraband can be used in criminal proceedings the local authorities must be contacted immediately otherwise the items shall be placed in a secure storage area and preserved.
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D.
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A written record shall be made of the seizure of the contraband in accordance with facility procedures. The record shall include all parties involved, the contraband that was confiscated, and the location where the contraband was placed for storage.
Housing Section Search: 1.
Weekly searches of living areas and sleeping rooms shall be performed on an unannounced and irregular schedule.
2.
When searching a room, the following requirements apply:
3.
a.
YOUTH should be present at the time of the search, whenever possible. If they are not, they shall be advised of the search and of any confiscated articles as soon as possible.
b.
Searches shall be thorough and systematically conducted, from top to bottom, side-to-side, and underneath and behind (i.e., holes in walls, mattresses, and any tears in rugs or tiles, all light fixtures, ceilings, cabinets, windows, sinks, toilets, bedding, pillows, desks, and any personal items or books in the room).
c.
A thorough search of bedroom door pockets shall take place at the beginning of programming (when youth exit their rooms for the day). A door pocket search shall also be conducted daily at bedtime when youth are secured in their rooms for the night. Bedroom door checks shall occur when the door is opened or closed between the hours of 10 pm to 6 am and any time there is reason to believe a door may be compromised. Enhanced checks shall be completed on a youth’s door and lock when the youth has demonstrated the propensity to alter the security of any door and/or lock.
d.
YOUTHS' personal property shall be respected and not willfully misplaced, broken, or discarded. A YOUTH'S room shall never be left in disorder.
e.
All personal clothing shall be carefully searched for contraband.
f.
YOUTHS shall not be subject to a personal search as part of a room search procedure unless there is reasonable suspicion to believe the YOUTH is in possession of contraband. In such cases the Facility Director or on-call Assistant Director shall be contacted to approve the search.
Each sleeping room shall be thoroughly searched prior to occupancy by a new resident.
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General Area Search: 1.
A general area search includes all areas of the facility and shall be conducted as deemed necessary by and as approved by the Facility Director or Designee.
2.
Results of searches shall be documented following the search and concerns shall be forwarded to the Facility Director or Designee. The written report to the Facility Director shall include at a minimum the scope of the search, the results, and a list of all contraband that was found.
Search of Visitors: Searches of visitors are subject to the following guidelines: 1.
Visitors should avoid bringing personal possessions into the facility. Instead, these should be secured in their personal vehicle or a visitor’s locker.
2.
Possessions permitted to be brought into the facility may be searched, but the reason for search, i.e., safety and security of YOUTHS, staff, and other visitors, must be explained. Information must be provided in the primary language of the visitor regarding their rights during the search. The use of metal detectors and inspection of purses, packages, and bundles is an acceptable search process.
3.
Visitors discovered with contraband in their possession or found exchanging contraband with a youth may be denied visitation privileges and shall be provided information regarding how to appeal to re-establish visitation.
