1. (a) Purpose. The purpose of this rule is to provide guidelines for the management and deployment of the canine (K-9) teams at Texas Youth Commission (TYC) operated institutions or residential contract care programs.

2. (b) Applicability.

   1. (1) This rule applies to §97.10 of this title (relating to Entry Searches).
   2. (2) This rule applies to §97.11 of this title (relating to Control of Unauthorized Items Seized).
   3. (3) This rule applies to §97.9 of this title (relating to Youth Search).
   4. (4) This rule applies to Personnel Policy and Procedure Manual (PRS) §01.04 (relating to Search of Employees, Personal Property and Vehicle, and Agency Property).

3. (c) Explanation of Terms Used.

   1. (1) Contraband K-9 Team--a contraband K-9 team consists of a handler and K-9 capable of detecting and identifying alcohol, tobacco products, gun solvents and prescription medication.
   2. (2) Narcotic K-9 Team--a narcotic K-9 team consists of a handler and K-9 capable of detecting and identifying marijuana, cocaine, methamphetamines, and heroin.
   3. (3) Tracking K-9 Team--a tracking K-9 team consists of a handler and K-9 capable of detecting and identifying articles and human scent.
   4. (4) Alert--a recognized signal from the K-9 to the handler.
   5. (5) Passive Indication--the K-9 is trained to sit, stand, or lay at the point closest to the source of the odor such as, but not limited to, cocaine, heroin, alcohol, marijuana, prescription medication, gun solvents, methamphetamines, and tobacco.
   6. (6) Secure TYC Parking Lot--a parking lot within the perimeter fence of a high restriction TYC facility.
4. (d) All TYC K-9 handlers are certified annually.
5. (e) All K-9s used by TYC will be trained in passive indication and are certified annually.

6. (f) K-9s are used to deter and detect contraband and illegal narcotics, and may be deployed at the discretion of the K-9 handler to conduct routine, random, or specifically requested searches or inspections to the following areas:

   1. (1) any dorm, cell, or other area utilized to house youth;
   2. (2) any school or education building on TYC property;
   3. (3) any cafeteria, kitchen, canteen, or other food preparation area;
   4. (4) any administrative area, staff office, storage building, and restroom;
   5. (5) any other building located on TYC grounds;
   6. (6) any vehicle entering a TYC secure area;
   7. (7) any unassigned state vehicles; and
   8. (8) any TYC parking lot.
7. (g) Upon entry to a secure facility, all vehicles are subject to be searched by the K-9 team. See §97.10 of this title.
8. (h) Vehicles in a secure or non-secure TYC parking lot are subject to an inspection by the K-9 team. If a K-9 alerts while inspecting a parking lot, local law enforcement may be notified. If notified, any further action will be at the discretion of the local law enforcement. If the vehicle is in a secure parking lot and belongs to an employee, the employee may give consent to search the vehicle. See TYC's (PRS) §01.04.
9. (i) When K-9 teams inspect areas, all persons will exit the inspected area and will remain out of the area until the inspection has been completed.
10. (j) Upon a request by the K-9 team, a security staff may assist the K-9 team.
11. (k) All contraband and narcotics that are seized by the K-9 team shall be documented and consistent with §97.11 of this title.
12. (l) At the entrance of all TYC parking lots, signs shall be posted in English and Spanish noting: This property is subject to canine inspection and search by law enforcement.
13. (m) With the approval of the assistant deputy executive director of juvenile corrections, TYC K-9 teams will aid in tracking and apprehending youth who have escaped from a high restriction facility.
14. (n) Persons are prohibited to harm or interfere in any manner with the K-9 or the K-9 team.

Source Note:The provisions of this §380.9713 adopted to be effective November 28, 2004, 29 TexReg 11099; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639.