37 Tex. Admin. Code § 380.9709 – Youth Search

(a) Purpose. The purpose of this rule is to establish requirements for searching Texas Youth Commission (TYC) youth, their property, and youth rooms in order to detect contraband.
(b) Applicability. Requirements in this rule are consistent with §93.1 of this title (relating to Basic Youth Rights).
(c) Explanation of Terms Used.
1. (1) Reasonable Belief--a belief based on facts or circumstances sufficient to cause a reasonable person to believe that the person to be searched has prohibited items.
2. (2) Probable Cause--a determination based on facts and circumstances that would cause a reasonably prudent person to believe it is more likely than not that the person to be searched has a prohibited item.
(d) Designated staff may conduct a search of a TYC youth or a youth's room in a residential facility other than the youth's home, for the purpose of finding and seizing contraband.
(e) Areas where youth are housed or served may be subject to be searched by the use of the canine (K-9) teams. See §97.13 of this title (relating to Use of Canine (K-9) Teams).
(f) Room Searches and Pat Down Searches. Room searches and pat down searches to detect and deter possession of contraband or to protect persons may be conducted with or without probable cause so long as searches are conducted in a reasonable manner.
1. (1) Room and pat down searches will be conducted in accordance with the following rules.
  1. (A) Room and pat down searches may be unannounced and irregularly timed.
  2. (B) Room and pat down searches are to be conducted at least twice a month, or as necessary to control possession by youth of unauthorized items or to recover missing or stolen property.
  3. (C) Two trained staff members must be in attendance for searches. For pat down searches, the staff member conducting the search must be of the same sex as the youth.
  4. (D) Room and pat down searches are to be conducted in a professional manner. Staff shall not make jokes, conversation, or comments while conducting searches.
  5. (E) Room and routine pat down searches will be documented on the Search Log form.
  6. (F) The presence of the youth whose property is being searched is preferable for all room searches.
2. (2) Pat Down Searches.
  1. (A) Pat down searches are conducted over youth's clothes.
  2. (B) Designated staff must inform youth a pat down search will be conducted on him/her.
  3. (C) Staff shall conduct pat down searches according to the following method:
    1. (i) staff instructs youth to pull pockets out and remove all objects from pockets;
    2. (ii) staff instructs youth to remove coat and any other heavy clothing;
    3. (iii) staff stands behind the youth and has youth stand with feet apart and arms extended;
    4. (iv) staff instructs youth to spread fingers and rotate hands;
    5. (v) staff instructs youth to slightly tilt head backward and open mouth to visually check youth's mouth, under tongue and cheeks;
    6. (vi) staff checks youth's shirt/sweater by squeezing along collar, shoulders, along arms to wrists, under arms (unroll sleeves); feel all seams;
    7. (vii) staff pats down upper body such as neck, upper chest, stomach to belt; sides along ribs; back and neck to belt;
    8. (viii) staff instructs female youth to unhook bra (or for sports bra, to pull front of bra away from chest), without removing shirt or bra; staff shakes bra by lifting bra straps (over clothes), checks straps and bands (over clothes);
    9. (ix) staff pats down lower torso and rear pocket area; lower abdomen (stomach), front pockets and in-seam area;
    10. (x) staff pats down pant legs (one leg at a time), cuffs and tops of shoes;
    11. (xi) staff instructs youth to remove shoes and socks. Staff checks shoes and heels;
    12. (xii) staff inspects all objects from pockets, coats or any heavy clothing before returning to youth.
(g) Strip Searches.
1. (1) Strip searches will be based on reasonable belief that the youth has custody or control of contraband or other prohibited material. Reasonable belief is not required when youth returns from contact with the general public or from outside the facility.
2. (2) Strip searches shall:
  1. (A) be conducted in a private setting that aids in the avoidance of unnecessary force, embarrassment, or indignity to the youth;
  2. (B) be conducted by two trained security staff members and must be of the same sex as the youth. Law enforcement officers, detention workers, and duly designated agents of the court may assist TYC staff in such a search if necessary;
  3. (C) be conducted in a professional manner. Staff shall not make jokes, conversation, or comments while conducting the strip search;
  4. (D) be documented on the Search Log form for routine strip search and non-routine strip searches will be documented on the Incident Report form.
3. (3) Trained staff shall conduct strip searches according to the following method:
  1. (A) staff must inform youth a strip search will be conducted on him/her;
  2. (B) staff shall not touch the youth during strip searches;
  3. (C) staff instructs youth to pull pockets out and remove all objects from pockets;
  4. (D) staff instructs youth to remove coat or any other heavy clothing;
  5. (E) staff instructs youth to spread fingers and rotate hands;
  6. (F) staff instructs youth to remove all clothing except underwear (one piece at a time), and the youth hands the clothing item (one piece at a time) to staff for search;
  7. (G) staff checks collars, cuffs, waistbands, belt loops, pockets, seams, and linings by squeezing the items. Staff must check for rips or stitching and unroll socks, turn inside out if necessary;
  8. (H) staff checks the shoes, heels, toes, and soles;
  9. (I) staff instructs youth to remove bands, clips, nets, etc. from hair;
  10. (J) staff instructs youth to run fingers through his/her hair, going downward, then backwards;
  11. (K) staff instructs youth to slightly tilt head backward and open mouth to visually check youth's mouth, under tongue and cheeks. Staff instructs youth to run a finger through the youth's mouth, around gums, cheeks, etc.;
  12. (L) staff checks behind and in the youth's ears;
  13. (M) staff instructs youth to tilt head back and looks into nose;
  14. (N) staff instructs the youth to spread arms and open hands--looks for punctures, other marks; checks under fingernails and between fingers; looks at all sides of hands and arms;
  15. (O) staff instructs female youth to remove bra/undershirt;
  16. (P) staff instructs youth to raise arms--looks at armpits and sides of upper body;
  17. (Q) staff instructs youth to remove underpants;
  18. (R) staff checks the lower stomach;
  19. (S) staff instructs male youth to lift penis and testicles for examination;
  20. (T) staff instructs youth to spread legs, squat, and cough;
  21. (U) staff checks seams/bands of underpants and returns to the youth;
  22. (V) staff checks each leg one at a time;
  23. (W) staff looks at soles of feet and has the youth shake his/her toes;
  24. (X) if the youth has a bandage, staff must check under the bandage; and
  25. (Y) staff must return the youth's undergarments as soon as possible.
(h) Physical Body Cavity Searches.
1. (1) Physical body cavity searches will only occur on probable cause that the youth possesses contraband or other prohibited material and with the authorization of the superintendent.
2. (2) Physical body cavity searches are conducted by off-site medical personnel who are not part of the facility's health care staff.
3. (3) Physical body cavity searches refer to manual or instrument inspection of body cavities including the vagina or rectum. Physical body cavity searches shall take place in a private setting that aids in the avoidance of unnecessary force, embarrassment, or indignity to the youth.
4. (4) Physical body cavity searches shall be documented on the Incident Report form and the Daily Shift Log form.
(i) Searches of rooms, searches of youth being admitted to facilities, and searches of youth after visitation may be conducted routinely. At all times when unauthorized items are seized from a youth, the search and disposition of items shall be documented. Also see §97.11 of this title (relating to Control of Unauthorized Items Seized).

Source Note:The provisions of this §380.9709 adopted to be effective November 28, 2004, 29 TexReg 11097; amended to be effective September 1, 2010, 35 TexReg 7450; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639.