As used in this section and 9 CAR §§ 100-311 – 320:
(1)
(A) “Contraband” means any item or article that is:
(i) Found or located:
- (a) (a) In the possession of a person;
- (b) (b) Within the facility; or
- (c) (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 Division of Youth 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) Unauthorized 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 is 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;
(7) “Secure residential treatment facility” means a Division of Youth Services facility, or a facility operated by a provider under contract with the Division of Youth Services, 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 of Youth Services or the provider; and
(8) “Strip search” means a search during which:
- (A) The youth is asked to disrobe completely;
- (B) The staff manually inspects the youth’s clothing; and
- (C) The staff visually inspect the youth’s body without touching the youth.