Section 214-RICR-60-00-1.15 - Resident SearchesA. A resident is subject to a search at any time, in accordance with Department Operating Procedures. B Searches of residents are always conducted in strict conformance to departmental training and may include:
2. Search utilizing electronic means including hand held or stationary metal detectors;3. Search upon detainment;4. Clothed Body Search; orC. Strip Searches 1. No resident is subject to a strip search as harassment or for the purpose of punishment or discipline.2. No resident is subject to a strip search upon detainment without an individualized determination that there is a reasonable suspicion based on specific and articulated facts to believe that he/she is concealing a weapon or possesses contraband. Reasonable suspicion may be based upon, but is not limited to the following: a. Nature of the offense: violent delinquent offenses and drug possession offenses which provoke suspicion that the resident is concealing a weapon or contraband.b. Appearance and demeanor: a resident presents an unusual and inordinately nervous demeanor, conducts himself/herself in a manner that suggests he/she is attempting to conceal something or appears to be under the influence of any narcotic drug or alcohol or otherwise acts in a suspicious manner.c. Circumstances surrounding the arrest and apprehension: including the nature of any charges brought against the individuals with whom the resident was associating and degree of resistance offered at the time of this arrest.d. The resident's prior record: a lengthy juvenile record, particularly for crimes of violence and narcotic offense, possession and/or use of firearms or other deadly weapons; and prior involvement in illegal drugs.e. The resident's history at the Training School: a resident has been the subject of prior institutional discipline for the possession of weapons or other contraband or repeated, violent acts against staff and/or other residents.f. The discovery of evidence of contraband or a weapon in plain view or in the course of a Pat Down or Electronic Search or Search upon Detainment.3. An adjudicated or detained resident may be subject to a strip search following visitation or return from an off-ground transport only if an individualized, reasonable suspicion based on specific and articulated facts exists that he/she is concealing a weapon or possesses contraband.4. Any authorized strip search must be conducted as follows: a. A thorough pat down search and metal detection precedes the strip search.b. A strip search is always conducted by staff of the same gender as the resident.c. Staff always conduct the search in a private place (one resident at a time) and in a professional manner that recognizes the human dignity of the resident.d. Because strip searches are humiliating experiences and may trigger severe reactions, especially from youth with histories of abuse or disabilities, all strip searches are conducted in a manner that minimizes unnecessary distress to the resident.e. Staff ensure that the resident is not on camera during the search. Staff stand in clear view of the camera during the search.f. If it is not possible to position staff or the resident in a private place, staff search the resident in the presence of another staff. Both staff are of the same gender as the resident.g. Any manual or instrument inspection of a resident's body cavities is conducted only by medical personnel with prior approval of the Superintendent. Staff notify parents or guardians if a resident is subject to a physical body cavity search.5. Except in exigent circumstances, any search of a resident is conducted by a staff member of the same gender as the youth or, in the case of a transgender or intersex identified youth, by a staff member of the gender that the youth has identified as the preferred gender for this purpose. Any search of a resident complies in all respects with the requirements of the Prison Rape Elimination Act as detailed in Department Operating Procedure as well as in Department training.214 R.I. Code R. 214-RICR-60-00-1.15