1. (a) Purpose. The purpose of this policy is to provide for the preservation, control, and/or disposition of all contraband including physical evidence obtained in connection with a violation of law and/or rule violations.
2. (b) Applicability. This rule applies to contraband items, as defined in §91.7 of this title (relating to Youth Personal Property), related to youth in TYC residential facilities.
3. (c) Contraband. Seized contraband consisting of sexually explicit pictures, or items which advocate delinquent subculture values shall be either destroyed or forwarded to the youth's parents or managing conservator, at the youth's option unless an investigation is initiated. If an investigation is initiated, the evidence shall be retained by the evidence custodian until the completion of all investigations.

4. (d) Contraband - Potential Evidence.

   1. (1) Seized contraband that may be used as evidence in a due process proceeding will be properly identified, documented, and maintained until properly disposed of pursuant to policy.
   2. (2) The facility administrator will designate an evidence custodian to maintain contraband in a key-locked secure location and to ensure a chain of custody until the item is no longer needed. The key shall be accessible only to the facility administrator and evidence custodian.
   3. (3) Any staff discovering or taking possession of contraband shall be responsible for its preservation until transferred to the appropriate authority.
   4. (4) Depending on the nature of the investigation, the evidence may be given to law enforcement authorities.

   5. (5) After all administrative/legal proceedings have been concluded, one of the following must occur:

      1. (A) destroy contraband item(s), other than contraband money, in the presence of at least two staff members; or
      2. (B) send contraband item(s), other than contraband money, to the youth's home; or
      3. (C) return contraband item(s) to include contraband money (if applicable) to the owner; or
      4. (D) deposit contraband money possessed by a youth into the student benefit fund pursuant to §95.11 of this title (relating to Disciplinary Consequences).
5. (e) Contraband/Evidence in a Potential Crime Scene. A potential crime scene could be an apparent death, major injury, sexual assault and/or major property damage. The area shall be immediately secured and access prohibited into the potential crime scene or area containing potential evidence. Staff discovering a potential crime scene shall immediately notify the facility administrator. Staff shall not enter the area to clean or disturb the potential evidence, clothing, body fluids, etc. until authorized by the facility administrator. Only investigating law enforcement personnel should handle the evidence.

Source Note:The provisions of this §380.9711 adopted to be effective February 1, 1999, 24 TexReg 590; amended to be effective April 16, 2003, 28 TexReg 3064; 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.