DAR File No. 31935

Human Services, Juvenile Justice Services

R547-3

Juvenile Jail Standards

NOTICE OF PROPOSED RULE

DAR File No.: 31935
Filed: 09/09/2008, 02:38
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to add an Authority Statement to the rule; and in response to H.B. 78 from the 2008 General Session, the agency is required to change the code citations to match the recodification of Title 78. (DAR NOTE: H.B. 78 (2008) is found at Chapter 3, Laws of Utah 2008, and was effective 02/07/2008.)

Summary of the rule or change:

The Authority Statement has been added. The appropriate citations have been updated. Additionally, since history has proven that juveniles are not held for more than two hours, sections outlining details for longer holds were deleted.

State statutory or constitutional authorization for this rule:

Section 62A-7-201

Anticipated cost or savings to:

the state budget:

None--The changes are for clarification.

local governments:

None--The changes are for clarification.

small businesses and persons other than businesses:

None--The changes are for clarification.

Compliance costs for affected persons:

None--The changes are for clarification.

Comments by the department head on the fiscal impact the rule may have on businesses:

None--The changes are for clarification. Lisa-Michele Church, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Human Services
Juvenile Justice Services
120 N 200 W
SALT LAKE CITY UT 84103-1500

Direct questions regarding this rule to:

Judy Hammer at the above address, by phone at 801-538-4098, by FAX at 801-538-4334, or by Internet E-mail at judyhammer@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

10/31/2008

This rule may become effective on:

11/07/2008

Authorized by:

Dan Maldonado, Director

R547. Human Services, Juvenile Justice Services.

R547-3. Juvenile Jail Standards.

R547-3-1. Authority.

Section 62A-1-111 authorizes the Department of Human Services to adopt administrative rules.

 

R547-3-2. Definitions and References.

(1) Definitions.

(a) "Low density population" means ten or less people per square mile.

(b) "Nonoffenders" means abused, neglected, or dependent youth.

(c) "Sight and sound separation" means that juvenile detainees must be located or arranged as to be completely separated from incarcerated adults by sight and sound barriers such that the adult inmates cannot see juvenile detainees and vice versa. Also, conversation is not possible between juvenile detainees and adult inmates.

(d) "Status offense" means a violation of the law that would not be a violation but for the age of the offender.

(2) References.

(a) Standards from the Manual of Standards for Juvenile Detention Facilities and Services, also referred to as American Correctional Association (ACA) Standards, revision date of February 1979, were researched as background for the rules.[ This manual can be located at the Division of Juvenile Justice Services Administrative Office.]

 

R547-3-[2]3. Standards for Six Hour Juvenile Detention in Jail.

(1) Juveniles under the age of 18 shall not be confined in a county operated jail used for accused or convicted adult offenders except:

(a) [when the juvenile is 14 years of age or older and, in a hearing before a magistrate, has been certified an adult, Section 78-3a-603 and Subsection 78-3a-502(3);]when the juvenile is 16 years of age or older and district court has exclusive original jurisdiction, Section 78A-6-701;

(b) [when the juvenile is being held on a traffic offense, Subsection 78-3a-104(2), and the facility has been certified by the Division of Juvenile Justice Services to detain juveniles beyond six hours;]when the juvenile is 16 years of age or older and has been bound over to district court for criminal proceedings, in accordance with serious youth offender procedures, Subsection 78A-6-702(3);

(c) [when the juvenile is 16 years of age or older and is being held under a valid Juvenile Court order, Subsection 78-3a-114(8)(b), and the facility has been certified by the Division of Juvenile Justice Services to detain juveniles beyond six hours;]when the juvenile is 14 years of age or older and has been certified to be held for criminal proceedings in district court, Section 78A-6-703 and Subsection 78A-6-602(3);

(d) in areas characterized by low density population. The state Juvenile Justice Services agency may promulgate regulations providing for specific approved juvenile holding accommodations within adult facilities which have acceptable sight and sound separation to be utilized for short-term holding purposes with a maximum confinement of six hours to allow adequate time for identification or interrogation and to evaluate needs and circumstances regarding transportation, detention, or release of the juvenile in custody, Section 62A-7-201.

(2) The Division of Juvenile Justice Services may certify a jail to hold juveniles who are alleged to have committed a non-status offense or are accused of juvenile handgun possession for up to six hours if the following criteria are met:

(a) in areas characterized by low density population;

(b) no existing acceptable alternative placement exists which will protect the juvenile and the community;

(c) the county is not served by a local [or regional certified ]juvenile detention facility;

(d) no juvenile under ten years of age will be held by holding authorities, as set forth in the following standards, for any length of time.

(3) Any jail or adult holding facility intended for use for juveniles must be certified by the State Division of Juvenile Justice Services.

(4) There shall be acceptable sight and sound separation from adult inmates. Written policy and procedure shall exist to assure supervision is maintained so that both visual contact and verbal communication between juvenile detainees and adult inmates is prohibited.

(5) The jail's juvenile detention room(s) shall conform to all applicable zoning laws.

(6) The jail's juvenile detention room(s) shall conform to all applicable local and state safety, fire, and building codes.

(7) The jail's juvenile detention room(s) shall conform to all applicable local and state health codes.

(8) The juvenile population shall not exceed the jail's certified capacity for juveniles.

(9) All juvenile housing and activity areas provide for, at a minimum:

(a) toilet and wash basin accessibility;

(b) hot and cold running water in wash basin and drinking water;

(c) adequate shelter, heat, light, and ventilation that does not compromise security or enable escape;

[(d) seventy square feet of floor space per resident and in multiple bed room construction, a minimum of 40 square feet of floor space per resident;

(e) eight feet of clear floor to ceiling height for occupants;

(f) a bed at least two feet three inches wide and six feet four inches long in each room if the jail was designed after 1979. If there is more than one bed per room, there must be a minimum of 18 inches vertical clearance from all overhead obstructions.]

(10) Whenever juveniles are detained, there shall be at a minimum:

(a) Removal of all property from the juvenile that could compromise the juvenile's safety, such as belts, shoelaces and suspenders, prior to placing a juvenile in a holding room;

(b) constant on-site supervision through visual or TV monitoring and audio two way communication;

(c) frequent personal checks to maintain communication with the juvenile and prevent panic and feelings of isolation;

(d) a written record of significant incidents and activities of the juvenile.

(11) The written policies and procedures providing for specific rules governing the supervision of inmates by jail staff of the opposite sex shall specifically provide for the following when the inmates are juveniles:

(a) An adult staff member of the same sex as the juvenile shall be present when a juvenile is securely held.

(b) Except in an emergency the staff member entering a juvenile's sleeping room shall be of the same sex. If there are two staff members entering the sleeping room, there may be one male and one female. When an emergency prevents the same sex staff member from entering the juvenile's room, then at least two opposite sex staff members must be present and a written report must be completed and kept on file justifying the necessity for the deviation from same sex supervision.

(c) When procedures require physical contact or examination, such as strip searches, these shall be done by a staff member of the same sex in private without TV monitoring. Procedures for body cavity searches shall conform to jail standards.

(d) A staff member of the same sex shall supervise the personal hygiene activities and care such as showers, toilet, and related activities.

(e) The use of restraints or physical force are restricted to instances of justifiable self-defense, protection of juveniles and others, protection of property and prevention of escapes, and only when it is necessary to control juveniles and in accordance with the principle of least restrictive action. In no event is physical force justifiable as punishment. A written report is prepared following all uses of force and is submitted to the facility administrator.

(12) Male and female residents shall not occupy the same sleeping room at the same time.

(13) There shall be no viewing devices, such as peep holes, mirrors, of which the juvenile is not aware.

(14) No inmate, juvenile or adult, shall be allowed to have authority or disciplinary control over, be permitted to supervise, or provide direct services of any nature to other detained juveniles.

(15) The juvenile's health and safety while jailed shall be safeguarded. The jail administration shall:

(a) have services available to provide 24 hours a day emergency medical care;

(b) provide for immediate examination and treatment, if necessary, of juveniles injured on the jail premises;

(c) not accept juveniles who are unconscious, obviously seriously injured, obviously a suicide risk, obviously emotionally disturbed, or obviously under the influence of alcohol or drugs and are unable to care for themselves, until they have been examined by a qualified medical practitioner or have been taken to a medical facility for appropriate diagnosis and treatment and released back to the jail;

(d) train all jail staff members to recognize symptoms of mental illness[ or retardation];

(e) provide for the detoxification of a juvenile in the jail only when there is no community health facility to transfer the juvenile to for detoxification;

(f) require that any medical services provided while the juvenile is held be recorded.

(16) As long as classification standards are met, juvenile detainees may be housed together if age, compatibility, dangerousness, and other relevant factors are considered.

(17) Adult jails that are certified to hold juveniles for up to six hours must have written procedures which govern the acceptance of such juveniles. These procedures must include the following:

(a) When an officer or other person takes a juvenile into custody, the officer shall without unnecessary delay notify the parents, guardian, or custodian.

(b) The jail staff shall verify with the officer or other person taking the juvenile into custody that the juvenile's parents, guardian, or custodian have been notified of the juvenile's detention in jail. If notification did not occur, jail staff will contact the juvenile's parents, guardian, or custodian.

(c) The officer shall also promptly file with the detention or shelter facility a brief written report stating the facts which appear to bring the juvenile within the jurisdiction of the Juvenile Court and give the reason why the juvenile was not released.

(18) There must be written policy and procedures that require that the decision to detain the juvenile for up to six hours or to release the juvenile from jail be in accordance with the following principles:

(a) A juvenile shall not be detained by policy any longer than is reasonably necessary to obtain the juvenile's name, age, residence, and any other necessary information, and to contact the juvenile's parents, guardian, or custodian.

(b) The juvenile shall then be released to the care of the parent or other responsible adult unless the immediate welfare or the protection of the community requires that the juvenile be detained or that it is unsafe for the juvenile or the public to leave the juvenile in the care of the parents, guardian, or custodian. On release from jail, the parent or other person to whom the juvenile is released may be required to sign a written promise on forms supplied by the court to bring the juvenile to court at a time set, or to be set, by the court, Subsection [78-3a-113(3)(b)]78A-6-112(3).

(19) The written procedures for admitting juvenile detainees will include completion of an admission form on all juveniles that includes, as a minimum, the following information:

(a) date and time of admission and release;

(b) name, nicknames, and aliases;

(c) last known address;

(d) law enforcement jurisdiction, name, and title, of delivering officer;

(e) specific charge(s);

(f) sex;

(g) date of birth and place of birth;

(h) race or nationality;

(i) medical problems, if any;

(j) parents, guardian, or responsible person to notify in case of emergency, including addresses and telephone numbers;

(k) space for remarks, to include notation of any open wounds or sores requiring treatment, evidence of disease or body vermin, or tattoos;

(l) probation officer or caseworker assigned, if any;

(20) Juvenile processing procedures shall include written safeguards to prohibit nonoffenders from being detained in the facility and to ensure youth are held in accordance with R547-3-[2]3.

(21) There must be a written procedure governing the transfer of a juvenile to an appropriate juvenile facility which includes the following:

(a) If the juvenile is to be transferred to a juvenile facility, the juvenile must be transported there without unnecessary delay, but in no case more than six hours after being taken into custody. A copy of the report stating the facts which appear to bring the juvenile within the jurisdiction of the court and giving the reason for not releasing the juvenile shall be transmitted with the juvenile when transported.

(b) A written record shall be retained on file of all juveniles released, stating as a minimum to whom they were released, the release date, time, and authority.

(c) Procedures for releasing juvenile detainees shall include at a minimum:

(i) verification of identity;

(ii) verification of release papers;

(iii) completion of release arrangements;

(iv) return of juvenile detainee's personal effects and funds;

(v) verification that no jail property or other resident property leaves the jail with the juvenile.

(22) The written procedures governing the stay of a juvenile shall include:

(a) A juvenile, while held in a certified jail, shall have the same legal and civil rights as an adult inmate.

(b) A juvenile, while held in a certified jail, shall have the right to the same number of telephone calls as an adult inmate held the same amount of time.

(c) Unless the juvenile is to be transferred to an approved detention facility, visits should be limited to the juvenile's attorney, clergyman, and officers of the court. If the juvenile is to be transferred, an effort shall be made to provide for visitation by the juvenile's parents, guardian, or custodian prior to the transfer.

(d) If a juvenile is held during daylight hours the juvenile should be allowed access to reading materials. Where feasible the juvenile should be provided access to physical exercise and recreation, such as radio and TV.

(23) A case record shall be maintained on each juvenile admitted to a certified jail. Policies and procedures concerning the case records and the information in them shall be established which meet the following as a minimum:

(a) The contents of case records shall be identified and separated according to an established format.

(b) Case records shall be safeguarded from unauthorized and improper disclosure, in accordance with written policies and in compliance with [Rule 38 of the Juvenile Court Rules of Practice and Rule 7-201 of the Code of Judicial Administration]Section 78A-6-209 and Section 78A-6-1104.

(c) The facility shall assure that no information shall be entered into a case record that is incomplete, inaccurate, or unsubstantiated. At any point that it becomes apparent that this has occurred, the facility shall immediately make the necessary correction.

(24) A case record shall be maintained on each juvenile, as appropriate, and kept in a secure place. It shall contain as a minimum the following information and documents:

(a) initial intake information form;

(b) documented legal authority to accept, detain, and release juveniles;

(c) current detention medical/health care record;

(d) consent for necessary medical or surgical care, signed by parent, person acting in loco parentis, Juvenile Court judge, or facility official;

(e) record of medication administered;

(f) record of incident reports;

(g) a record of cash and valuables held;

(h) visitors' names, if any, personal and professional, and dates of visits;

(i) final discharge or transfer report.

(25) The jail facility director shall submit to the state Division of Juvenile Justice Services agency a monthly accurate report of the numbers of juveniles confined during the preceding month and provide information on each juvenile in the categories indicated on the report form as provided by the State.

 

[R547-3-3. Standards for Juveniles Detained in Jail beyond Six Hours.

(1) The following standards must be met in addition to the standards in Section R547-3-2 when a facility is certified under Section 62A-7-201 beyond a six hour hold. See Subsection R547-3-2(1)(b) and (c).

(2) There is a written statement that describes the philosophy, goals, or purposes of the facility, which is reviewed at least annually and updated if necessary.

(3) Written policy and procedure provide that all employees who have juvenile contact receive an additional 20 hours of specialized juvenile training during their first year of employment, and 40 hours integrated with training requirements for each subsequent year of employment provided or approved by Juvenile Justice Services.

(4) Single sleeping cells have at least 70 square feet of floor space, and juveniles are provided activities and services outside their rooms at least 14 hours a day, except in disciplinary cases. (ACA 2-8138)

(5) The total indoor activity area outside the cell area provides space of at least 100 square feet per juvenile. (ACA 2-8143)

(6) Educational space and instruction shall be provided in conformity with local or state educational requirements. (ACA 2-8146)

(7) Space is available for religious services. (ACA 2-8149)

(8) There is a day room for each cell cluster. The room has a minimum of 35 square feet of floor space per juvenile and is separate and distinct from the sleeping area, which is immediately adjacent and accessible. (ACA 2-8169)

(9) Written policy precludes the use of food as a disciplinary measure. (ACA 2-8225)

(10) Clean clothing is provided for juveniles--clean socks, underwear and towels on a daily basis, and other clothing at least twice a week. (ACA 2-8244)

(11) Written policy and procedure provide an approved shower schedule that allows daily showers and showers after strenuous exercise. (ACA 2-8246)

(12) A history of the juvenile's immunizations will be obtained within 30 days of admission and at the time the health appraisal data are collected. Immunizations are updated, as required, within legal constraints. (ACA 2-8266)

(13) Written policy and procedure provide for the prompt notification of the juvenile's parents/guardian, or legal custodian in case of serious illness, surgery, injury or death. (ACA 2-8271)

(14) Written policy and procedure ensure a special program for juveniles requiring close medical supervision. A physician develops a written medical treatment plan for each of these patients that includes directions to medical and nonmedical personnel regarding their roles in the care and supervision of these patients. (ACA 2-8277)

(15) Under no circumstances is a stimulant, tranquilizer or psychotropic drug to be administered for purposes of program management and control or for purposes of experimentation and research. (ACA 2-8282)

(16) Programs and training are provided residents as needed within 72 hours for the development of sound habits and practices regarding personal hygiene. (ACA 2-8285)

(17) Written policy and procedure provide that when a juvenile is in need of hospitalization, a staff member accompanies him or her and stays with the juvenile at least during admission. (ACA 2-8286)

(18) Written policy and procedure provide that all informed consent standards in the jurisdiction are observed and documented for medical care. The informed consent of parent, guardian or legal custodian applies when required by law. When health care is rendered against the patient's will, it is in accord with state and federal laws and regulations. (ACA 2-8287)

(19) Written policy and procedure grant juveniles access to recreational opportunities and equipment, including, when the climate permits, outdoor exercise if detained more than 24 hours. (ACA 2-8298)

(20) Written policy and procedure provide that juveniles are not subjected to corporal or unusual punishment, humiliation, mental abuse or punitive interference with the daily functions of living, such as eating or sleeping. (ACA 2-8301)

(21) Juveniles are not required to participate in uncompensated work assignments unless the work is related to housekeeping, maintenance of the facility or grounds, or personal hygienic needs, or the work is part of an approved vocational training program or court approved work. (ACA 2-8302)

(22) There are no restrictions on the right of juveniles to determine the length and style of their hair, except in individual cases where such restrictions are necessary for reasons of health and safety. (ACA 2-8306)

(23) Written policy and procedure authorize juveniles to keep facial hair, if desired, except in individual cases where such restrictions are necessary for reasons of health and safety. (ACA 2-8307)

(24) Written policy and procedure specify that cell restriction for minor misbehavior serves only a "cooling off" purpose, is short in time duration, with the time period--fifteen minutes to sixty minutes--specified at the time of assignment. (ACA 2-8314)

(25) During room restriction, personal contact or observation is made by staff with the juvenile at least every 15 minutes, depending on the juvenile's emotional state. The juvenile assists in determining the end of the restriction period. (ACA 2-8316)

(26) Whenever juveniles are removed from the regular program, they are seen by a counselor or probation officer as soon as possible, but not more than 24 hours after removal. (ACA 2-8319)

(27) Juveniles placed in confinement separate from their living unit are visually checked by staff at least every 15 minutes and visited at least once each day by personnel from administrative, clinical, social work, religious or medical units; a log is kept stating who authorized the confinement, persons visiting the juvenile, the person authorizing release from confinement, and the time of release. (ACA 2-8321)

(28) The facility provides or makes available the following minimum services and programs to adjudicated and preadjudicated juveniles: (ACA 2-8354)

(a) visiting with parents/guardians;

(b) private communication with visitors and staff;

(c) counseling;

(d) continuous supervision of living units;

(e) medical services;

(f) food services;

(g) recreation and exercises;

(h) reading materials.

(29) Educational opportunities are available to all juveniles within 72 hours of admittance, excluding weekends and holidays. (ACA 2-8356)

(30) Educational programs in facilities are designed to assist detained juveniles in keeping up with their studies and are initiated within 72 hours. (ACA 2-8357)

(31) Written policy and procedure provide a recreation and leisure time plan that includes, at a minimum, at least one hour per day of large muscle activity and one hour of structured leisure time activities. (ACA 2-8363)

(32) The facility has a staff member or trained volunteer who coordinates and supervises the recreation program. (ACA 2-8364)

(33) Library services are available to all detained juveniles. (ACA 2-8366)

(34) Written policy defines the principles, purposes and criteria used in the selection and maintenance of library materials. (ACA 2-8367)

(35) There is a social services program that makes available a range of resources to meet the needs of juveniles, including individual and family counseling and community services. (ACA 2-8369)

(36) The social services program is administered and supervised by a person qualified and trained in the social or behavioral services. (ACA 2-8370)

(37) Each juvenile is assigned a counselor, jail or probation officer at intake. (ACA 2-8374)

(38) Work assignments do not conflict with education programs. (ACA 2-8378)

(39) Written policy and procedure provide for securing citizen involvement in programs, including roles as advisors and interpreters between the program and the public, direct services and cooperative endeavors with juveniles under supervision. (ACA 2-8408)

(40) Written policy and procedure provide for the screening and selection of volunteers, allowing for recruitment from cultural and socioeconomic segments of the community. (ACA 2-8411)

(41) Prior to assignment, each volunteer completes an orientation and training program appropriate to the nature of the assignment. (ACA 2-8412)

(42) Written policy and procedure ensure that consultants, contract personnel and volunteers who work with juveniles comply with the facility's policies on confidentiality of information. (ACA 2-8085)

(43) Service personnel other than facility staff perform work in the facility only under direct and continuous supervision of facility staff in those areas permitting contact with juveniles. (ACA 2-8007)

(44) There is a written description of the facility that specifies its mission within the context of the system of which it is a part. This description is reviewed at least annually and updated if necessary. (ACA 2-8008)

(45) Where statute permits, the juvenile work plan provides for juvenile work assignments in public works projects. (ACA 2-5360)

(46) Where statute permits, the juvenile work plan includes provision for juveniles to work in various nonprofit and community service projects. (ACA 2-5361)

(47) Where statute permits, written policy and procedure allow for juvenile participation in work or educational release programs. (ACA 2-5381)

(48) Temporary release programs are required to have the following elements: (ACA 2-5382)

(a) written operational procedures;

(b) careful screening and selection procedures;

(c) written rules of juvenile conduct;

(d) a system of supervision;

(e) a complete recordkeeping system;

(f) a system for evaluating program effectiveness;

(g) efforts to obtain community cooperation and support.

]

KEY: juvenile corrections

Date of Enactment or Last Substantive Amendment: [November 18, 2002]2008

Notice of Continuation: May 30, 2007

Authorizing, and Implemented or Interpreted Law: 62A-7-201