Section 393.09. Search and seizure.

 

(1)   General . Staff may conduct a search of a youth and a youth's living quarters or property at any time, subject to this section. In this section:

(a) "Living quarters" means a private bedroom, common familial or communal living areas and areas under a youth's control or to which the youth has access, including, but not limited to, the grounds and motor vehicles.

(b) "Property" means objects under a youth's control, regardless of ownership.

(2)   Personal search. Staff may conduct a personal search of a youth for any of the following reasons:

(a) When staff have a reasonable belief that a youth possesses contraband.

(b) After the youth has been taken into custody and before transporting the youth.

(c) Upon release from a secure detention center or type 1 secured correctional facility or other secured confinement.

(d) Routinely when the youth enters a report center, a staff office or other placement or sanction facility.

(e) At random with the prior authorization of a supervisor.

(f) At the direction of a supervisor.

(3)   Strip search.

(a) A strip search may be conducted in addition to a personal search for any reason stated in sub. (2) only when staff have a reasonable belief that the youth is concealing contraband secreted within the youth's underclothing or external body areas, and the youth refuses to voluntarily give the suspected contraband to staff.

(b) Staff shall obtain prior approval from a supervisor before conducting a strip search. The supervisor may approve the strip search if the supervisor determines that the requirements of par. (a) are met.

(c) A strip search shall be conducted in a clean and private place by a person of the same sex as the youth being searched. The search shall be conducted by two persons of the same sex as the youth when possible.

(4)   Body contents search.

(a) Staff may conduct a body contents search if staff have a reasonable belief that a youth has consumed an intoxicating substance or is concealing contraband in a manner that might be discovered by such a search and prior authorization has been obtained from a supervisor.

(b) Staff may require a youth to submit to routine drug and alcohol tests for cause as part of a routine testing of all youth in a program or as part of a random testing program.

(c) When an agent or supervisor requires that collection of a urine specimen be observed, staff of the same sex as the youth shall observe and collect the urine specimen.

(d) Blood and stool samples may only be collected by a licensed physician, physician assistant, registered nurse or other person authorized by law.

(e) X-rays may be conducted only by licensed radiology personnel.

(5)   Reasonable grounds to believe. In deciding whether a reasonable belief exists under subs. (2) , (3) and (4) , all of the following shall be considered:

(a) Observations of staff.

(b) Information provided by a reliable informant.

(c) Prior seizures of contraband from the person or living quarters of the youth.

(6)   Search of living quarters and property.

(a) Staff may search a youth's property and living quarters at any time with the approval of a supervisor. Whenever practical, staff may request the assistance of law enforcement authorities to assist in a search.

(b) If a parent or other adult with whom a youth resides denies access to any part of the property or living quarters referred to in par. (a) , the youth's agent may require the youth to move to another placement approved by the department.

(c) There is no requirement that there be any evidence that contraband is concealed in the property or living quarters of a youth before a search is conducted.

(d) A supervisor shall approve a search before it occurs, unless exigent circumstances, such as suspicion that the youth will destroy contraband or use a weapon, require a search without approval.

(e) Staff who conduct a search shall prepare a written report of the search which shall state all of the following:

1. The identity of staff who conducted the search and the supervisor who approved it.

2. The date and time of the search.

3. The identity of the youth whose residence or property was searched.

4. The location of the property which was searched.

5. The reason for conducting the search and whether the search was a random search.

6. Any objects that were seized pursuant to the search.

7. Whether any damage was done to the premises during the search.

(f) If any objects were seized or property was damaged during the search of a youth's property or living quarters, the youth shall be informed in writing. A youth shall be reimbursed for the repair or replacement of damaged property that is not contraband. Property which is damaged shall be valued at its fair market value, not its replacement cost.

(g) Staff shall confiscate items believed to be contraband and report those items to the appropriate law enforcement authorities. Contraband shall be disposed of consistent with s. DOC 376.18 .

(h) In conducting a search, staff shall disturb the effects of a youth as little as possible, consistent with thoroughness.

(i) Staff shall not read legal materials belonging to a youth during a search.

Cr. Register, June, 2000, No. 534 , eff. 7-1-00.