Adoption of certain policies and procedures relating to unclothed searches of children; submission of report relating to unclothed searches of children

1. Each facility shall adopt and implement policies and procedures concerning unclothed searches of children who are detained in or committed to the facility. The policies and procedures must: (a) Prohibit an employee from conducting an unclothed search of a child unless the employee reasonably suspects that the child possesses or has immediate access to a weapon or contraband and the employee has exhausted all available, less intrusive methods of identifying any such item, including, without limitation, search techniques that allow the child to remain fully clothed; (b) Require the physical presence of at least two employees of the facility for the entire duration of any unclothed search of a child and, to the greatest extent practicable, that the employees be of the same gender as the child; and (c) Include, without limitation, a requirement that the employee who has primary responsibility for an unclothed search of a child who is detained in or committed to the facility submit to the administrator or director of the facility a written report concerning the search. 2. A written report submitted pursuant to subsection 1 must: (a) Be submitted not later than 72 hours after the search occurs; and (b) Include a description of the search and any other information requested by the administrator or director, as applicable. 3. As used in this section: (a) “Facility” means a regional facility for the treatment and rehabilitation of children or a local facility for the detention of children. (b) “Unclothed search” means a search that requires a person to remove or arrange some clothing so as to permit a visual inspection of the person’s breasts, buttocks or genitalia.