1. (a) Purpose. The purpose of this rule is to establish rules for conducting searches at the entry point of Texas Youth Commission (TYC) facilities to prevent the introduction of prohibited items.
2. (b) Any person entering a secure facility may be asked to submit to a search of his/her person or vehicle and of any property he/she is bringing into the facility.

3. (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) Routine Search--a search conducted at a scheduled time during which every person is searched at the entry point of TYC.
   3. (3) Random Search--a search conducted at an unannounced time during which every person will be searched at the entry point of TYC.

4. (d) Entry Searches.

   1. (1) TYC will conduct routine searches, random searches, or a search anytime there is a reasonable belief a person possesses prohibited items.

   2. (2) Entry searches may involve one or more of the following:

      1. (A) use of metal detectors (walk-through or wand);
      2. (B) use of trained detection dogs;
      3. (C) visual or touch inspection of property;
      4. (D) requiring pockets to be emptied;
      5. (E) removal and inspection of shoes; or
      6. (F) pat-down body search (outside the person's clothing).
   3. (3) Entry searches must be conducted in a reasonable manner and use the least intrusive method possible as determined by the circumstances.
5. (e) Any person who refuses to be searched may be prohibited from entering the facility and may be subject to other administration action, as appropriate.
6. (f) Any person who refuses to have his/her personal property searched may be prohibited from taking such property into the facility and may be subject to other administrative action, as appropriate.
7. (g) Any item that is, or appears to be, a prohibited item may be seized.
8. (h) Seized items may be turned over to a law enforcement agency for identification or disposition.
9. (i) If personal property is seized, the agency will determine within 24 hours (or the next business day if on a weekend or holiday), whether the item(s) will be retained as evidence for an administrative investigation, turned over to a law enforcement agency for disposition, or returned to the person from whom the property was seized and will so notify such person.

10. (j) The following items are prohibited in secure facilities except with specific permission from the facility administrator:

    1. (1) Weapons (as defined in Section 46.01 of the Texas Penal Code) and personal defense items such as pepper spray. See §81.31 of this title (relating to Weapons and Concealed Handguns);
    2. (2) Pornographic materials in any form;
    3. (3) Tobacco products;
    4. (4) Lighters or matches;
    5. (5) Alcohol or illegal drugs (employees taking prescription or non-prescription medication(s) may bring in the amount needed during the work day and are responsible for its safekeeping);
    6. (6) Metal nail files or nail clippers;
    7. (7) Glass containers;
    8. (8) Metal containers;
    9. (9) Personal tools;
    10. (10) Personal cellular phones;
    11. (11) Cameras or video equipment;
    12. (12) Contraband as defined in §91.7 of this title (relating to Youth Personal Property); or
    13. (13) Any other item perceived by searching staff to be dangerous. The item will be referred to the superintendent or designee for consideration.
11. (k) The above list of prohibited items will be prominently posted at each entrance to a secure facility.
12. (l) Items on the prohibited list may be seized during entry searches.
13. (m) Individual facilities may not add items to the prohibited list. Requests to include additional items on the list must be made in writing to the deputy executive director and include a justification for designating an item as prohibited. Any additions to the list will be applicable to all agency residential facilities.
14. (n) Detection dogs will be used in a manner that preserves personal dignity.

15. (o) Pat down searches will be conducted in the following manner:

    1. (1) Designated staff must inform the person a pat down will be conducted on him/her.
    2. (2) Two (2) designated staff must be in attendance for pat down searches. The staff that is conducting the pat down search must be of the same sex as the person being searched.
    3. (3) Pat down searches should be conducted in the entry area.
    4. (4) Staff instructs the person to pull his/her pockets out and remove all objects from pockets.
    5. (5) Staff instructs the person to remove his/her coat and any other heavy clothing.
    6. (6) Staff stands behind the person and has the person stand with feet apart and arms extended.
    7. (7) Staff instructs the person to spread fingers and rotate hands.
    8. (8) Staff checks the person's shirt/sweater by squeezing along collar, shoulders, along arms to wrists, under arms, and feel all seams.
    9. (9) Staff pats down upper body such as neck, upper chest, stomach to belt; sides along ribs; back and neck to belt.
    10. (10) Staff pats down lower torso - buttocks, rear and front pockets.
    11. (11) Staff pats down pant legs (one leg at a time), cuffs and tops of shoes.
    12. (12) Staff instructs the person to remove his/her shoes. Staff checks shoes and heels.
    13. (13) Staff inspects all objects from pockets, coats, or any heavy clothing before returning to the person.

Source Note:The provisions of this §380.9710 adopted to be effective September 25, 2000, 25 TexReg 9227; amended to be effective December 14, 2003, 28 TexReg 11109; amended to be effective November 28, 2004, 29 TexReg 11099; amended to be effective May 16, 2005, 30 TexReg 2893; amended to be effective November 8, 2005, 30 TexReg 7232; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639.