37.99.173    PRIVATE ALTERNATIVE ADOLESCENT RESIDENTIAL PROGRAMS: SEARCHES

(1) The provisions of this rule apply to all searches by program staff of the program participant's person and personal property, including searches of personal correspondence. The facts and circumstances supporting a determination of reasonable cause for the search must be documented in the program participant's file.

(2) Program participants may not be subjected to any search except as follows:

(a) there is reasonable cause to believe that the search will result in discovery of contraband;

(b) there is reasonable cause to believe that the search is necessary to alleviate a threat of harm to the program participant, other individuals, or staff; or

(c) there is a court order/parole order in the program participant's case record allowing for searches.

(3) The program must have written policy and procedures relating to searches, including pat-down searches, personal property searches, correspondence searches, urinalysis testing, and breathalyzer testing. The policies must include the following:

(a) a procedure for documenting all searches, reasons for the search, who conducted the search, and the results of the search;

(b) notification of the search policy to parent/legal guardian and program participant at time of admission;

(c) a protocol for conducting personal property searches when the program participant is not available to be present for the search;

(d) the consequences to a program participant when contraband is located;

(e) description of what happens to contraband which has been located; and

(f) pat-down searches on program participants, which must be conducted by staff persons of the same sex.

(4) Staff must be trained in the proper protocol for all searches. Training must be documented in staff's personnel record.

(5) Program participants may not be subjected to any of the following intrusive acts:

(a) strip searches;

(b) body cavity searches; or

(c) video surveillance except in common areas such as the living room, kitchen, and hallways.

(6) The program must have written policies and procedures prior to use of urinalysis testing for the purpose of determining drug and alcohol use which include:

(a) procedures for obtaining samples for urinalysis testing;

(b) procedures for processing urinalysis testing; and

(c) consequence to the program participant when a urinalysis is positive.

(7) The program must have written policies and procedures prior to use of breathalyzer testing for the purpose of determining drug and alcohol use which include:

(a) procedures for operating the breathalyzer; and

(b) consequences to the program participant when a breathalyzer is positive.

(8) Program participants may not be subjected to urinalysis or breathalyzer testing unless the testing:

(a) has been ordered by a court;

(b) is required pursuant to a case plan for monitoring alcohol use, as approved by the parent/legal guardian; or

(c) is requested by the program participant's parent/legal guardian, probation, parole, or correctional officer.

(9) The program must notify the program participant's parent/legal guardian within 24 hours of every search, urinalysis testing, or breathalyzer testing performed on the program participant and the results.

(10) Staff shall document compliance with program policies and procedures in connection with each search, urinalysis testing, or breathalyzer testing. 

 

History: 52-2-803, 52-2-805, MCA; IMP, 52-2-803, 52-2-805, 52-2-809, MCA; NEW, 2019 MAR p. 2029, Eff. 11/9/19.