Arkansas Administrative Code, Division 26, Rule 006.26.14-002 - Juvenile Detention Facility Standards (2014) | Arkansas Administrative Code

Chapter I DEFINITIONS AND TERMS

SECTION 2-1001 DEFINITIONS

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

A. JUVENILE DETENTION STAFF one whose primary responsibility is the supervision of the daily activities of detained juveniles. Administrative, food services, janitorial and other auxiliary staff are not considered to be juvenile detention staff.

B. JUVENILE DETENTION FACILITY means any facility for the temporary care of juveniles alleged to be delinquent, or adjudicated delinquent and awaiting disposition, or charged or convicted of a criminal offense, which require secure custody in a physically restricting facility designed and operated with all entrances and exits under the exclusive control of the facility's staff.

C. FULL SERVICE DETENTION FACILITIES are programs that detain juveniles for up to 90 days and offer complete residential services such as education and recreational opportunities. The time limit does not apply to juveniles charged as adults and detained in the facility.

D. HOLD OVER DETENTION FACILITY (72 HOURS EXCLUDING WEEKENDS AND HOLIDAYS) a secure area separate from an adult jail that is used to hold an accused juvenile offender only, prior to a detention hearing.

E. CHIEF EXECUTIVE the elected or appointed person on whom rests the ultimate authority and responsibility for the administration and operation of the juvenile detention facility and for the care and confinement of the detainees confined herein, and for all facility personnel.

F. HEALTH AUTHORITY means a licensed physician, health administrator or agency. When this authority is a person other than a licensed physician, final medical judgment rests with a single responsible physician who is licensed in Arkansas, who has been so designated by the chief executive.

G. The use of the terms HE and HIM within these standards shall also mean SHE and HER. Use of the word SHALL within these standards denote a mandatory standard. Use of the word SHOULD within these standards denote a recommended standard.

H. LICENSED DIETICIAN means a person licensed by the Arkansas Dietetics Licensing Board.

I. FAMILY IN NEED OF SERVICES means any family with a valid court order whose juvenile evidences behavior which Includes, but is not limited to, the following:

1. Being habitually and without justification absent from school while subject to compulsory school attendance;

2. Being habitually disobedient to the reasonable and lawful commands of his parent, guardian, or custodian; or

3. Having absented himself from his home without sufficient cause, permission, or justification.

J. JUVENILE means an individual who is under eighteen (18) years of age, whether married or single, and is adjudicated delinquent, is a juvenile member of a family in need of services, or has been found to be dependent or dependent-neglected by the juvenile division of circuit court prior to eighteen (18) years of age and for whom the juvenile divisions of circuit court retains jurisdiction.

K. STATUS OFFENDER means a juvenile offender who has been charged with or adjudicated for conduct which would not, under the law of the jurisdiction in which the offense was committed, be a crime if committed by an adult. A status offender not considered a FINS under Valid Court Order.

L. NON-OFFENDER means a juvenile who is subject to the jurisdiction of the juvenile court, usually under abuse, dependency, or neglect statutes for reasons other than legally prohibited conduct of the juvenile with the exception of a FINS with Court Order.

M. DIRECTOR means the individual employed, either salaried, hourly or by contract, who is charged with the direct, day-to-day responsibilities for administration, operation, supervision of staff and/or juveniles and maintenance of the Juvenile Detention Facility and/or the Hold Over Detention Facility (72 hours).

Chapter II ADMINISTRATION, ORGANIZATION AND MANAGEMENT

SECTION 2-1001 GOVERNING AUTHORITY

(NOT APPLICABLE TO HOLDOVER FACILITIES)

The governing authority will hold meetings at least semi-annually with the facility administrator to facilitate communication, establishes policy, explore problems, ensure conformity to legal and fiscal requirements and implement programs.

SECTION 2-1002. NON-OFFENDERS

Juveniles who have not been charged with a status offense or a criminal offense shall not be held in the facility.

SECTION 2-1003. MAINTENANCE

Service personnel, other than facility staff, shall perform work in the facility only under direct and continuous supervision of facility staff in those areas permitting contact with juveniles.

SECTION 2-1004. POLICIES & PROCEDURES

The facility shall adopt and enforce written policies and procedures which:

A. Provide for a communications system within the facility that requires at a minimum that the facility administrator meets at least monthly with all staff members;

B. Specify that the facility administrator participates in the formulation of goals for the facility and establishes policies and priorities related to them;

C. Provides that the facility administrator report at least annually to its governing authority regarding major problems and plans for resolving them;

D. Provides a policy/procedures manual that specifically describes the facility's purpose, programs and services offered, which is reviewed at least annually and updated as necessary;

E. Provides an operations manual that delineates written policies and procedures for operating and maintaining the facility. The manual shall be explained and made available to all employees at the a. time of their employment;

F. Describes the roles and functions of employees of other public or private agencies that provide a service to the facility as they relate to the authority and responsibility of the facility administrator;

G. Provide that legal assistance is available to the facility administrator;

H. Require that the Juvenile Court served by the facility is advised at least annually of the extent and availability of services and programs for juveniles.

I. Specifies that the Facility administrator is responsible for all applicable standards.

J. Requires a Standing Committee Representative of Juvenile Justice to ensure updating of all policy and procedures recommendations for the commissioners to take action.

SECTION 2-1005. ORGANIZATIONAL CHART

(NOT APPLICABLE TO HOLDOVER FACILITIES)

There is an organizational chart for the facility staff that accurately reflects the structure of authority, responsibility and accountability within the facility.

SECTION 2-1006. RULES FOR PRIVATE FACILITY OPERATION

If not a governmental .entity, the facility has by-laws approved by the governing authority which are filed with the local and state body and include at a minimum:

A. Membership (types, qualifications, community representation, rights, duties);

B. Size of the governing authority;

C. Method of selection;

D. Terms of office;

E. Duties and responsibilities of officers;

F. Times authority will meet;

G. Committees;

H. Quorums;

I. Parliamentary procedures;

J. Recording of minutes;

K. Method of amending the by-laws;

L. Conflict of interest provisions;

M. Specification of the relationship of the facility administrator to the governing authority chief executive.

Chapter III MANAGEMENT INFORMATION SYSTEMS

SECTION 3-1001. INFORMATION RETRIEVAL

The facility administrator has access to and uses an organized system of information retrieval and review that is part of the decision-making process.

SECTION 3-1002. CRITERIA FOR EVALUATING

There are specific, written definitions of criteria for evaluating overall facility performance.

SECTION 3-1003. DAILY POPULATION REPORT

Facility staff maintains a daily report of juvenile population movement.

SECTION 3-1004. COLLECTION AND RETENTION OF INFORMATION

The facility administrator participates in the review of policies and practices regarding the collection and retention of information pertaining to the juveniles assigned to the facility, at least annually.

SECTION 3-1005. DATA PROCESSING OF RECORDS

Facilities are required to maintain active files. The files of juveniles will be purged when the juvenile reaches the age of twenty-one (21),

SECTION 3-1006. RECORD MANAGEMENT

Written policies and procedures govern record management and include but are not limited to the establishment, utilization, content, privacy, security, and preservation of records, and a schedule for the retirement or destruction of inactive case records. These policies and procedures are reviewed annually.

SECTION 3-1007. INTAKE FORM

An intake form is completed for every juvenile admitted to the facility and contains at least the following information:

A. Date and time of admission and release;

B. Name and nicknames;

C. Last known address;

D. Legal status (authority for admission);

E. Name of attorney, if any;

F. Name, title and signature of delivering officer;

G. Specific charge(s);

H. Sex, date of birth, place of birth, race/nationality;

I. Education and school attended;

J. Employment, if any;

K. Religion/denominational preference;

L. Health status;

M. Medical consent forms;

N. Name, relationship, address and telephone number of the parent(s), guardian(s) or person(s) the juvenile resides with at time of admission;

O. Driver's license number, social security number and Medicaid number if applicable;

P. Court and disposition, if any;

Q. Space for remarks (to include notation of any open wounds or sores requiring treatment, evidence of disease or body vermin, tattoos, etc.);

R. Person recording data;

S. Inventory of property; and

T. Emergency contact person(s).

SECTION 3-1008. POLICIES FOR RECORDS

Written policies and procedures require the responsible staff members to make all entrees into the records assigned to them and date and sign each entry.

SECTION 3-1009. MASTER FILE

There is a single master file identifying all juveniles detained in the facility.

SECTION 3-1010. RELEASE OF INFORMATION CONSENT FORM

Information, other than authorized by law, can be released only with a consent form signed by parents, guardian(s), legal custodian(s) and juvenile. The "Release of Information Consent Form" shall be signed before the release of information as required by statute or regulation. The consent form must comply with applicable federal or state statute or regulation and a copy of the form shall be maintained in the juvenile's record.

SECTION 3-1011. ACCESS TO RECORDS

Consistent with statute and regulation, written policies and procedures provide that individuals and agencies may have access to records for the purposes of research, evaluation and statistical analysis in accordance with a formal written agreement that authorizes access, specifies uses of data and ensures confidentiality and security.

Chapter IV FISCAL MANAGEMENT

SECTION 4-1001. BUDGET

The facility budget shall include provisions for:

A. Salaries and fringe benefits;

B. Cost of food;

C. Cost of clothing;

D. Cost of medical and related services;

E. Cost of psychological and psychiatric services; if applicable;

F. Adequate physical facilities and equipment and maintenance of same;

G. Cost of indoor and outdoor recreational materials and/or services;

H. Cost of special services as may be required.

I. Budget for Education

J. Training and Travel

K. Transports

SECTION 4-1002. BUDGET

The Director participates in budget reviews conducted by the parent agency.

SECTION 4-1003. ACCOUNTING

The fiscal system accounts for all income and expenditures on an on-going basis.

SECTION 4-1004. ACCOUNTING

The facility has written policies and procedures that describe:

A. The methods used for collecting, safeguarding and disbursing monies in compliance with accepted accounting procedures;

B. The provisions for

1. Internal controls;

2. Petty cash procedures;

3. Signature control on all checks;

4. Handling of juvenile funds;

5. Employee expense reimbursement.

C. Facility insurance coverage that includes workers compensation, vehicles, civil liability and public employee blanket bond.

Chapter V SECURITY AND CONTROL

SECTION 5-1001. JUVENILE DETENTION STAFF

Sufficient staff must be available so that juveniles are not left unsupervised at any time. During daylight hours, there shall be a ratio that provides a minimum of one (1) staff per twelve (12) juveniles; during sleeping hours there may be one (1) staff per sixteen (16) juveniles. When both male and female juveniles are present and housed in the facility, there shall be a minimum of one (1) male and one (1) female staff person present. At no time shall there be less than two staff members on duty.

SECTION 5-1002. SECURITY DEVICES

Written policies and procedures govern the availability, control and use of chemical agents and related security devices. Chemical agents and related security devices are used only at the direction of the facility administrator or designee. A written report is prepared following all use of force and is submitted to the facility administrator.

SECTION 5-1003. FACIILTY SECURITY

Written policies and procedures require that all security perimeter entrances, exterior doors and all doors the facility administrator determines should be locked are kept locked except when used for admission or exit of employees, detained juveniles or visitors, and in emergencies.

SECTION 5-1004. POPULATION ACCOUNTABILITY

The facility has a system to physically count juveniles that includes strict accountability for juveniles assigned to work and educational release, furloughs and other approved, temporary absences.

SECTION 5-1005. DAILY LOGS

Written policies and procedures require that supervisory staff maintain a permanent log and prepare shift reports that record routine and emergency situations.

SECTION 5-1006. SECURITY DEVICE MAINTENANCE

Written policies and procedures provide for weekly inspection and maintenance of security devices. Corrective action is initiated when necessary.

SECTION 5-1007. WEAPONS CONTROL

No weapons are permitted in the secure section of the facility except in emergency situations. Secure weapons lockers will be provided within the facility for storage of weapons as defined in the facility's policy.

SECTION 5-1008. EQUIPMENT CONTROL

Written policies and procedures govern the control and use of keys, tools, medical and culinary equipment.

SECTION 5-1009. SHIFT ASSIGNMENTS

There are written operational shift assignments that state the duties and responsibilities for each assigned position in the facility; these shift assignments are reviewed at least annually and updated as necessary.

SECTION 5-1010. UNLAWFUL FLIGHT

There are written procedures for handling escapes, runaways and unauthorized absences; these are reviewed at least annually and updated as necessary.

SECTION 5-1011. EMERGENCY PROCEDURES

There are written plans that specify procedures, including evacuation route(s) from or within facility, staff in charge and areas of responsibility, which must be followed in emergency situations, e.g., natural disasters including fire, earthquake, tornado or similar severe weather disturbances, man-made disasters or other, similar extreme disturbances, or taking of hostages. These plans are made available to all applicable personnel and they are reviewed and updated at least annually.

SECTION 5-1012. RESTRAINTS/USE OF FORCE

Written policies and procedures provide that instruments of restraint are never applied as a method of punishment and are applied only with the approval of the facility administrator or designee. Written policies and procedures limit the use of physical force to instances of self-protection, protection of the juvenile or others, prevention of property damage, prevention of escapes, and in accordance with appropriate statutory authority. A written report is prepared following all use of force and is submitted to the facility administrator.

SECTION 5-1013. VEHICLE SECURITY

Written policies and procedures govern safety and security precautions pertaining to facility and staff vehicles.

SECTION 5-1014. POLICIES GOVERNING TRANSPORTATION

Written policies and procedures govern the emergency and non-emergency transportation of juveniles outside the facility and from one jurisdiction to another.

SECTION 5-1015. SECURITY CHECKS

For those juveniles who have known mental or behavioral problems, detention personnel shall check at 5-minute intervals and a check shall be documented. All other juveniles will be checked at 15- minute intervals.

SECTION 5-1016. JUVENILE AUTHORITY PROHIBITED UNDER ALL CIRCUMSTANCES

No juvenile shall exercise any authority over other juveniles, be given access to records of other juveniles, nor be permitted to have access to, or use of, keys that control facility security.

SECTION 5-1017. SEARCH PROCEDURES

Searches are conducted in these circumstances only:

A. A juvenile may be required to surrender his clothing, undergo an anal or genital bodily cavity search and submit to a search only if there is probable cause to believe he is concealing contraband.

B. .B. A body cavity search may be conducted only by a licensed medical professional.

C. All special incidents including but not limited to, the taking of hostages, escapes, assaults, staff use of restraint devices and physical force are reported in writing to the Director. The report is also placed in the file of the juvenile concerned.

Chapter VI PERSONNEL

SECTION 6-1001. HIRING REQUIREMENTS

The facility has written policies and procedures that describe:

A. That the facility is in compliance with Titles VI and VII of the Civil Rights Act and is operated, managed and deliver services without regard to age, religion, handicap, sex, race, color or national origin;

B. The selection, retention and promotion of all personnel based on merit and specified qualifications;

C. The requirement for a criminal records check for all new employees and shall be in accordance with local city or county policies;

D. The requirement for a physical examination of all employees by a physician at the time of

E. Employment to include drug testing in accordance with county policy;

F. The requirement for a psychological evaluation of all Juvenile Detention staff as defined in Chapter 2. (See Addendum A).

G. A written grievance procedure available to all employees;

H. A written annual performance evaluation of each employee based on defined criteria which are reviewed and discussed with the employee;

I. The personnel benefits, including at a minimum, the number of holidays, other leave allowances, and expectations concerning work hours, including flex-time;

J. The requirements regarding staff-juvenile relationships;

K. The requirements regarding physical fitness requirements;

L. The availability of and requirements regarding in-service training;

M. Juvenile Detention personnel shall be at least 21 years of age

SECTION 6-1002. ACKNOWLEDGING POLICIES

Facility shall provide a copy of personnel policies and procedures to all employees. Each employee shall sign a statement acknowledging receipt of the policies and procedures and his or her responsibility for being aware of their contents.

SECTION 6-1003. ANNUAL REVIEW OF POLICIES

The facility administrator shall review the personnel policies, at least annually, and submit recommended changes to the parent agency or governing authority.

Chapter VII TRAINING AND STAFF DEVELOPMENT

SECTION 7-1001. TRAINING REQUIREMENTS

Written policies and procedures provide that all training programs are presented by persons who are qualified in the areas in which they are conducting training.

SECTION 7-1002. TRAINING CURRICULUM

The training curriculum/program is developed, evaluated, and updated based on an annual assessment that identifies current job-related training needs.

SECTION 7-1003. IN-SERVICE TRAINING

Written policies and procedures provide that all new full-time employees receive juvenile orientation/training before being independently assigned to a particular job. This orientation and training shall include, at a minimum 40 hours of in service training the first year and then after 16 hours of continuing education:

A. Discussion of the purpose, goals, policies and procedures of the institution and parent agency.

B. Working conditions and regulations.

C. Responsibilities and rights of employees.

D. An overview of the juvenile justice and correctional field.

E. The following additional areas are specific requirements for staff who supervise juveniles:

1. Security procedures.

2. Supervision of juveniles.

3. Use of force regulation.

4. Report writing.

5. Juvenile rules and regulations.

6. Rights and responsibilities of juveniles.

7. Fire and emergency procedures.

8. Key control.

9. Interpersonal relations.

10. Social/cultural lifestyles of the juvenile population.

11. Child growth and development.

12. Communication skills.

13. First aid/CPR

14. Crisis Resolution

15. Mandated Child Abuse Reporting Procedures

16. Suicide Prevention

17. Defensive Tactics and De-Escalation Training

18. ADD/ADHD Training

SECTION 7-1004. TRAINING RECEIVED

Written policies and procedures will provide a method for acknowledging and giving credit for prior training received.

SECTION 7-1005. ORIENTATION FOR CLERICAL SUPPORT

Written policies and procedures provide that all clerical/support employees who have minimal contact with juveniles receive an orientation to the purpose, goals, policies and procedures of the institution, as well as task orientation relative to their particular job assignments.

SECTION 7-1006. TRAINING OF PART-TIME EMPLOYEES AND VOLUNTEERS

All part-time staff and volunteers working less than 40 hours per week receive training appropriate to their assignments.

SECTION 7-1007. COMPENSATION

Written policies and procedures provide for compensating eligible staff for additional time spent in training or for replacement personnel when training occurs on the job.

Chapter VIII ADMISSION, PROCEDURE AND CRITERIA

SECTION 8-1001. ADMISSION PROCEDURE

No juvenile may be placed in secure detention in a jail, adult lockup or other adult or juvenile detention facility except as authorized by Act 273 of 1989, Sections 12, 21 and 35.

Written procedures for admitting new juveniles shall include, but are not limited to:

A. Verification of legal authority to detain.

B. Search of the juvenile and possessions.

C. Disposition of clothing and personal possessions and required inventory documentation.

D. Distribution of personal hygiene items.

E. Provision for shower and hair care.

F. Issuance of clean, laundered clothing, if necessary.

G. Notification of family, custodian or guardian.

H. Assistance to juvenile in notifying their families of their admission.

I. Intake interview by a detention worker for risk assessment

J. Completion of medical history questionnaire at time of admission.

K. Provision of written orientation materials.

L. Recording of basic personal data. Excluding profiling

M. Procedures for handling mail and visiting.

N. Assignment to a sleeping room.

O. Notification of the appropriate intake officer.

Medical screening should be conducted within 48 hours, excluding weekends or holidays, by a licensed medical professional, unless the juvenile exhibits illness or injury, then the juvenile shall be referred for immediate medical care.

SECTION 8-1002. DOCUMENTATION OF ORIENTATION

Written policies and procedures shall provide that new juveniles receive an orientation in a manner and method which is understandable to the juvenile. Completion of orientation is documented by a statement that is signed and dated by the juvenile.

SECTION 8-1003. ADMISSION TELEPHONE USE

Written policies and procedures shall grant all Juveniles the right to make a local or collect long distance telephone call to a family member, attorney, or other approved individual during the admissions process.

Chapter IX INTAKE

SECTION 9-1001. DETENTION OF RUNAWAYS

Written policies and procedures prohibit the placement in the facility of children who do not have delinquent or criminal charges filed against them except when they are runaways, living beyond a fifty (50) mile driving distance or out-of-state and have absented themselves from their home for more than twenty-four (24) hours. If the juvenile is a runaway and whose parent, guardian or other person resides in this state, the Center may hold this youth for no more than six (6) hours; if the juvenile's parent, guardian or other person lives out-of-state, this youth may be held for twenty-four (24) hours, excluding weekends and holidays. A juvenile held under this paragraph must be separated from detained juveniles charged or held for delinquent or criminal violations.

SECTION 9-1002. DETENTION HEARING

Written policies and procedures ensure that any juvenile placed in detention under the jurisdiction of juvenile court, be brought before the court for a detention hearing as soon as possible but no later than 72 hours after the juvenile was taken into custody or, if the 72 hour period ends on a Saturday, Sunday or holiday, on the next business day. If these time limits are not met, the juvenile shall be released.

Chapter X RELEASE PREPARATION AND TRANSFER PROGRAMS

SECTION 10-1001. PROCEDURES FOR RELEASE

Written procedures for releasing juveniles include but are not limited to:

A. Verification of identity.

B. Verification of release papers.

C. Completion of release arrangements, including the person or agency to which the juvenile is to be released.

D. Return of personal effects.

E. Completion of any pending action, such as grievances, claims for damages or lost possessions.

F. Transportation arrangements.

G. Instructions on forwarding mail.

H. Written policies and procedures specify that the presence of a detainer is not an automatic bar to release. The basis of any such detainer is to be investigated to determine the status of the detainee and when appropriate, the juvenile is to be released to the detainer.

Chapter XI JUVENILE RIGHTS

SECTION 11-1001. RIGHTS OF JUVENILES

While being detained, the rights of juveniles shall be preserved. The rights of juveniles while in detention are not diminished or denied for disciplinary reasons. Written policies and procedures shall provide that juveniles are assured their rights, subject only to the limitations necessary to maintain order and security in the facility. Included are the following juvenile rights.

A. Freedom from discrimination because of race, national origin, color, creed, sex or physical handicap.

B. Equal access for male and female juveniles to all programs and services offered at a facility housing both sexes.

C. A written grievance procedure, which is explained and made available to juveniles, and allows for at least one level of appeal.

D. Participation in religious services and religious counseling on a volunteer basis.

E. Access to recreational opportunities and equipment, including, when the climate permits, outdoor exercise.

F. Access to the courts and confidential contact with attorneys and their authorized representatives; such contact includes, but is not limited to, telephone conversations, uncensored correspondence and visits.

G. Not to be subject to corporal or unusual punishment, humiliation, mental abuse or punitive interference with the daily functions of living such as eating or sleeping.

H. To receive visitors as per the facility's policies as outlined in the policies and procedures manual.

I. To communicate or correspond with persons or organizations.

J. Reasonable access to the general public through communications media subject only to the limitations necessary to protect the juvenile's rights.

K. Media request for interviews shall be in writing.

L. To determine the length and style of their hair, except in individual cases where such restrictions are necessary for reasons of health and safety.

M. To keep facial hair, if desired, except in individual cases where such restrictions are necessary for reasons of health and safety.

N. To wear personal clothing or combinations of their own and facility clothing consistent with the facility guidelines.

O. To have supervision and control exercised by staff and/or trained volunteers while at the facility.

P. To not participate in work assignments, unless the work is related to housekeeping, maintenance of the facility grounds, or personal hygiene needs, or the work is part of an approved vocational training program.

Q. To be free from sexual harassment.

R. To be protected from harm.

S. Juveniles shall not be permitted to perform any work prohibited by state and federal regulations and statutes pertaining to child labor.

Chapter XII RULES AND DISCIPLINE

SECTION 12-1001. RULES OF CONDUCT

Written rules of juvenile conduct specify acts prohibited within the institution and penalties that may be imposed for various degrees of violation; the written rules are reviewed annually and updated if necessary.

SECTION 12-1002. RULE BOOK

A rulebook that contains all chargeable offenses, ranges of penalties and disciplinary procedures is posted in a conspicuous area; a copy is given to each juvenile and staff member, and is translated into those languages spoken by significant numbers of juveniles. When a literacy or language problem prevents a juvenile from understanding the rulebook, a staff member or translator shall assist the juvenile in understanding the rules.

SECTION 12-1003. WRITTEN GUIDELINES

There are written guidelines for informally resolving minor juvenile misbehavior.

SECTION 12-1004. ROOM RESTRICTION

Written policies and procedures specify that room restriction for minor misbehavior serves only a "cooling off" purpose, is short in time duration, with the time period no more than 60 minutes. Room restriction beyond 60 minutes requires approval of Director or designee.

SECTION 12-1005. DISCIPLINARY REPORT

Written policies and procedures require that employees prepare a disciplinary report when they have a reasonable belief that a juvenile has committed a major violation of facility rules or reportable minor violations. Disciplinary reports prepared by staff members shall include, but are not limited to, the following information:

A. Specific rules violated;

B. An explanation of the event, which should include who was involved, what transpired, and the time and location of occurrence; unusual juvenile behavior;

C. Staff witnesses;

D. Disposition of any physical evidence;

E. Any immediate action taken, including the use of force;

F. Reporting staff member's signature; and

G. Time and date report is made.

SECTION 12-1006. SOLITARY CONFINEMENT

When a juvenile has been accused of a major rule violation requiring solitary confinement for the safety of the juvenile or other juveniles, or to ensure the security of the facility, the youth may be confined for a period of up to 24 hours. Confinement for periods of over 24 hours is reviewed every 24 hours by the administrator or designee who was not involved in the incident. Written policies and procedures specify that juveniles placed in confinement are afforded living conditions and privileges approximating those available to the general juvenile population: exceptions are justified by clear and sustained evidence.

SECTION 12-1007. AUDIENCE WITH STAFF

Whenever juveniles are removed from the regular program, they are seen by the supervisor, counselor or probation officer assigned as soon as possible, but not more than 24 hours after removal.

SECTION 12-1008. REVIEW OF DISCIPLINARY ACTION

Written policies and procedures provide for review of all disciplinary actions by the facility administrator to assure conformity with policies and regulations.

SECTION 12-1009. DUE PROCESS

Written policies and procedures ensure that prior to room restriction or privilege suspension the juvenile has the reasons for the restriction explained to him/her, and has an opportunity to explain the behavior leading to the suspension.

SECTION 12-1010. REPORT CRIMINAL ACTIVITY

Written policies and procedures provide that in instances in which a juvenile is alleged to have committed a crime, the case is referred to appropriate law enforcement officials for possible prosecution.

Chapter XIII MEDICAL AND HEALTH CARE SERVICES

SECTION 13-1001 HEALTH CARE PLAN

Written policies and procedures provide for the delivery of health care services, including medical, dental and mental health care services, under the control of a designated health authority in accordance with HIPAA laws.

SECTION 13-1002 MEDICAL AUTHORITY

Medical, including psychiatric, and dental matters involving medical judgment are the sole province of the responsible physician and dentist, respectively; security regulations that are applicable to facility personnel also apply to health personnel.

SECTION 13-1003 APPROVAL OF HEALTH CARE POLICIES

Written health care policies and procedures are approved by the responsible physician and/or medical administrator.

SECTION 13-1004 WHO MAY PROVIDE HEALTH CARE

Treatment by health care personnel other than a physician, dentist, psychologist, optometrist, podiatrist or other independent providers is performed pursuant to written standing or direct orders by personnel authorized by law to give such orders. Nurse practitioners and physician assistants may practice within the limits of applicable laws and regulations.

SECTION 13-1005 CERTIFICATIONS

Appropriate state and federal certification or registration requirements and restrictions apply to personnel who provide health care services to juveniles.

SECTION 13-1006 MEDICAL SCREENING

Written policies and procedures require medical screening for all juveniles, including intersystem transfers, upon arrival at the facility; all findings are recorded on a printed screening form approved by the health authority.

SECTION 13-1007 EMERGENCY HEALTH CARE PLAN

The facility administration provides 24-hour emergency medical and dental care availability as outlined in a written plan which includes:

A. Arrangements for the emergency evacuation of the juvenile from the facility:

B. Arrangements for the use of an emergency medical vehicle;

C. Arrangements for the use of one or more designated hospital emergency rooms or other appropriate health facilities; and

D. Arrangements for emergency on-call physician and dental services when the emergency health facility is not located in a nearby community.

SECTION 13-1008 MEDICATION STORAGE

All medication shall be kept in a locked storage area.

SECTION 13-1009 STAFF TRAINING.

Written policy and procedure provide that child care staff and other personnel are trained to respond to health-related situations. A training program is established by the responsible health authority in cooperation with the facility administration, which includes the following:

A. Recognition of signs and symptoms, and knowledge of action required in potential emergency situations;

B. Administration of first aid and cardiopulmonary resuscitation (CPR);

C. Methods of obtaining assistance;

D. Signs and symptoms of mental illness, retardation and chemical dependency; and

E. Procedures for patient transfers to appropriate medical facilities or health care providers.

F. All juveniles and staff will be screened for tuberculosis in accordance with standards promulgated by the Arkansas Department of Health.

Chapter XIV SANITATION AND HYGIENE

SECTION 14-1001 HEALTH CODES/HEALTH DEPARTMENT REQUIREMENTS

The facility administration complies with applicable federal, state and local sanitation and health codes.

SECTION 14-1002 WEEKLY SANITATION INSPECTION

Written policies and procedures require weekly sanitation inspections of all facility areas.

SECTION 14-1003 HOUSEKEEPING PLAN

There is a written housekeeping plan for the facility's physical plant.

SECTION 14-1004 CONTROL OF VERMIN

Written policies and procedures provide for the control of vermin and pests.

SECTION 14-1005 WASTE DISPOSAL

Written policies and procedures provide for waste disposal.

SECTION 14-1006 HAIR CARE SERVICES

There are hair care services available to juveniles.

SECTION 14-1007 PERSONAL HYGIENE

Written policies and procedures require that articles necessary for maintaining proper personal hygiene are provided to all juveniles.

SECTION 14-1008 LINENS AND CLOTHING

Written policies and procedures provide that clean bedding and linens, with at least weekly changes are available; that clean clothing is provided for juveniles - clean socks, underwear and towels - on a daily basis, and other clothing at least twice a week; that the stored supply of clothing, linens and bedding exceeds that required for the facility's maximum juvenile population.

SECTION 14-1009 SHOWER SCHEDULE

Written policies and procedures provide an approved shower schedule that allows daily showers and showers after strenuous exercise.

Chapter XV COMMUNICATIONS, MAIL, VISITATION AND TELEPHONE

SECTION 15-1001 CORRESPONDENCE

Written policies and procedures governing correspondence of juveniles are made available to all staff and juveniles, and are reviewed annually and updated as needed.

SECTION 15-1002 POSTAGE

There is no limit on the volume of mail a juvenile may send or receive, except when the facility provides postage and in this instance a limit should be set on the amount of outgoing mail, provided written policies and procedures allow a minimum of two letters per week for each juvenile.

SECTION 15-1003 CENSORSHIP

Written policies and procedures provide that juvenile letters both incoming and outgoing, are not read, except where there is a clear and convincing evidence to justify such actions. If correspondence is read, the youth is informed in advance and is present when the letter is opened, and the action is documented.

SECTION 15-1004 CONTRABAND

Written policies and procedures govern inspection of juvenile letters or packages for money or contraband.

SECTION 15-1005 LETTERS AND PACKAGES

Written policies and procedures require incoming and outgoing letters are held for no more than 24 hours and packages for no more than 48 hours, excluding weekends and holidays.

SECTION 15-1006 UNCENSORED MAIL

Written policies and procedures specify that juveniles are permitted to send sealed letters to a specified class of persons and organizations, including, but not limited to courts, counsel, officials of the confining authority, and administrators of grievance systems and members of the releasing authority.

SECTION 15-1007 VISITATION

Written policies and procedures should schedule regular and reasonable visitation hours and be reviewed annually and updated if needed.

SECTION 15-1008 VISITORS LOG

Written policies and procedures specify that visitors register upon entering into the facility and the circumstances under which visitors are searched

.

SECTION 15-1009 SPECIAL VISITS

Written policies and procedures govern special visits.

SECTION 15-1010 ACCESS TO TELEPHONE

Written policies and procedures provide for juveniles' access to the telephone to make personal calls.

SECTION 15-1011 MAIL FORWARDING

Written policies and procedures provide for the forwarding of first class letters and packages after transfer or release.

SECTION 15-1012 ACCESS TO PUBLICATIONS

Written policies and procedures govern juveniles' access to publications.

Chapter XVI FOOD SERVICES

SECTION 16-1001 MENUS APPROVED BY LICENSED DIETICIAN

(NOT APPLICABLE TO HOLDOVER FACILITIES)

The facility's administration and management system shall provide for and documentation shall be maintained which confirms that the facility's system of dietary allowance is reviewed at least annually by a licensed dietician or physician to ensure compliance with nationally recommended food allowances.

SECTION 16-1002 OUARTERLY EVALUATIONS

(NOT APPLICABLE TO HOLDOVER FACILITIES)

Quarterly evaluations shall be conducted to verify adherence to the nationally recommended basic daily servings as defined by the United States Department of Agriculture. Facilities which participate in the child care Food and Nutrition Services program are exempt from this provision. A copy of the Arkansas Department of Health inspection shall be sent to the Criminal Detention Facilities Review Coordinator.

SECTION 16-1003 MEAL SCHEDULES

(NOT APPLICABLE TO HOLDOVER FACILITIES)

Written policies and procedures provide that food service staff develop, in advance, weekly, planned meal schedules and substantially follow such schedules; planning for meals shall take into consideration food flavor, texture, temperature, appearance, palatability and individual nutritional needs.

SECTION 16-1004 SINGLE MENU FOR STAFF AND JUVENILES

(NOT APPLICABLE TO HOLDOVER FACILITIES)

The food service plan shall provide for a single menu for staff and juveniles.

SECTION 16-1005 SPECIAL DIETS

Written policies and procedures provide for special diets as prescribed by appropriate medical or dental personnel.

SECTION 16-1006 RECORD OF MEALS SERVED

Written policies and procedures require that accurate records are maintained of all meals served.

SECTION 16-1007 HEALTH AUTHORITY INSPECTIONS

Written policies and procedures specify the food services comply with the applicable sanitation and health codes as promulgated by federal, state and local authorities. A copy shall be sent to the Criminal Detention Facilities Review Coordinator.

Chapter XVII SAFETY

SECTION 17-1001 GENERAL

While the following sections deal with specific fire and safety measures, this chapter is not intended to be all inclusive in regard to the safety and welfare of the individual juvenile. Because potential hazards are too numerous to detail, it is the responsibility of the chief executive to establish rules, regulations, and inspection procedures for the facility to insure, to the greatest degree possible, the health, safety and well-being of the juvenile.

SECTION 17-1002 INSPECTION

The chief executive shall have the facility inspected at least once every year by the state or local fire marshal for fire prevention and safety measures, and a record of such inspections will be kept on file within the facility.

SECTION 17-1003 FIRE PLANS

A written fire plan concerning fire prevention shall be maintained to insure the safety of the juveniles, staff and visitors. The plan should detail staff responsibilities, cover evacuation procedures, and through a posted map or drawing show locations of exits, breathing apparatus, fire hoses or fire extinguishers, evacuation routes, and any other features pertinent to fire safety. All personnel will be trained in the use of such equipment and such required training shall be documented and such documents kept on file within the facility. All personnel will be briefed as to location and use of emergency keys.

SECTION 17-1004 FIRE FIGHTING EQUIPMENT

Basic firefighting equipment, to include at least fire extinguishers, plus emergency compressed air breathing apparatus shall be maintained in a secure but accessible storage area .The self-contained breathing apparatus needs to be mounted on the wall and all personnel need to be trained on its use.

SECTION 17-1005 OTHER EMERGENCY PLANS

A written emergency plan which covers all emergencies other than fire shall be maintained and all personnel shall be trained and knowledgeable of their duties should an emergency occur. Evacuation procedures shall be detailed and duties assigned to all personnel and shall include the location of keys to emergency exits and instructions for usage.

SECTION 17-1006 EXITS

Facilities exits must be plainly and permanently marked. All corridors and walkways leading to or from an exit shall be kept free of refuse, litter and obstacles of all types which might cause problems under emergency conditions.

SECTION 17-1007 SECURE STORAGE

Storage of flammable, toxic and caustic materials must conform to local, state and national laws or regulations. House cleaning supplies shall be kept in a secure and uncluttered closet or locker provided for those materials and shall not be permitted in secure areas occupied by juveniles.

Chapter XVIII PROGRAMS

SECTION 18-1001 MINIMUM SERVICES

The facility shall provide or make available the following minimum services and programs:

A. An educational program. (NOT APPLICABLE TO HOLDOVER FACILITIES)

B. Visiting with parents and guardians.

C. Private communications with visitors and staff.

D. Counseling. (NOT APPLICABLE TO HOLDOVER FACILITIES)

E. Continuous supervision of living units.

F. Medical service.

G. Food service.

H. Recreation and exercise.

I. Reading materials.

SECTION 18-1002 PROGRAMS AVAILABLE AFTER ADMISSION

Programs and services are initiated for all juveniles as soon as they have completed the admissions process.

SECTION 18-1003 EDUCATIONAL OPPORTUNITIES

(NOT APPLICABLE TO HOLDOVER FACILITIES)

Educational Programs shall be available to all juveniles except in instances where the juvenile is disruptive or out of control. Once the juvenile has regained control or becomes non-disruptive, educational opportunities are to be made immediately available to the juvenile.

SECTION 18-1004 MINIMUM TIME

(NOT APPLICABLE TO HOLDOVER FACILITIES)

Educational programs in detention facilities are designed to assist detained juveniles in keeping up with their studies and are available a minimum of six hours per day, Monday through Friday, excluding holidays. This is not limited to the normal school year. The educational program will be coordinated with the local school district in which the facility is located.

SECTION 18-1005 LICENSED INSTRUCTORS

(NOT APPLICABLE TO HOLDOVER FACILITIES)

Educational instructors are licensed or accredited by the state, or they are under the supervision of certified or licensed teachers.

SECTION 18-1006 EXERCISE AND RECREATION

Written policies and procedures provide a recreational and leisure plan that includes, at a minimum, at least one hour per day of large muscle activity.

SECTION 18-1007 COUNSELING

Detained juveniles are afforded access to religious counseling, mental health counseling and crisis intervention services in accordance with their needs.

SECTION 18-1008 WORK ASSIGNMENTS

(NOT APPLICABLE TO HOLDOVER FACILITIES)

Work assignments shall not conflict with educational programs.

SECTION 18-1009 WORK

Juveniles shall not be permitted to perform any work prohibited by state and federal regulations and statutes pertaining to child labor.

SECTION 18-1010 PRE-ADJUDICATED JUVENILES

Pre-adjudicated juveniles should only be responsible for performing housekeeping chores in their living areas.

Chapter XIX CITIZEN AND VOLUNTEER INVOLVEMENT

SECTION 19-1001 CITIZEN INVOLVEMENT

Written policies and procedures provide for securing citizen involvement in programs.

SECTION 19-1002 VOLUNTEER SERVICES PROGRAM

Written policies and procedures specify the lines of authority, responsibility and accountability for the volunteer services program.

SECTION 19-1003 SCREENING AND SELECTION

Written policies and procedures provide for the screening and selection of volunteers, allowing for recruitment from all cultural and social-economic segments of the community.

SECTION 19-1004 SECURITY AND CONFIDENTIALITY

Volunteers agree in writing to abide by all facility policies, particularly those relating to security and confidentiality of information.

SECTION 19-1005 VOLUNTEER RESTRICTIONS

Written policies and procedures provide that the administrator curtails, postpones or discontinues the services of a volunteer or volunteer organization when there are substantial reasons for doing so.

Chapter XX EXISTING FACILITIES

SECTION 20-1001 DEFINITIONS

For the purpose of this chapter an existing facility shall be defined as a facility which is in operation on or before the adoption of these standards.

SECTION 20-1002 INSPECTIONS

On-site inspections of detention facilities shall be the duty of the Criminal Detention Facilities Review Committee and they shall use these standards to determine compliance.

SECTION 20-1003 DOCUMENTATION

Copies of all reports and documents pertaining to detention facilities shall be sent to the office of the Coordinator. A master file of inspection reports on each facility shall be maintained by the Criminal Detention Facility Review Committee at the County Clerk's Office in the county in which the facility is located. All reporting requirements shall be as set forth by Act 515 of 1989 or as amended.

SECTION 20-1004 . ENVIRONMENTAL SYSTEMS, GENERAL

Lighting will be appropriate to the activity for the area in question. Air circulation shall be provided and temperature shall be maintained between 65 degrees and 85 degrees Fahrenheit. All mechanical, plumbing, electrical, life safety and security control equipment and systems shall be secure from unsupervised juvenile access. An automatic cut-in generator shall be provided of adequate capacity to operate electrical locking devices in facilities so equipped. Automatic cut-in battery backup emergency lighting to provide minimum illumination inside and outside the facility is acceptable.

SECTION 20-1005 FIRE ALARM

Fire, smoke and products of combustion detection equipment shall be provided in accordance with the latest adopted state fire code. Said equipment will be battery powered or part of the emergency power system.

SECTION 20-1006 DISABLED ACCESSIBILITY

There shall be facilities available in which to house and care for disabled juveniles. Readily available alternative facilities may be used to meet this requirement.

SECTION 20-1007 EXITS

There shall be at least two identifiable directions to travel from the door of the sleeping room or rooms to permit the prompt evacuation of juveniles and staff under emergency conditions. Required exits should lead directly to a hazard-free area where adequate supervision can be provided. The two exits must be as remote from each other as possible.

SECTION 20-1008 INTAKE, BOOKING AND RELEASE AREAS

The intake/booking and release area should be located inside the security perimeter, and have the following components:

A. Booking area.

B. Access to drinking water, toilet and wash basin.

C. Secure storage for juveniles' personal property.

D. Temporary holding area(s) with seating.

Provisions should be made to insure the safety of juveniles and personnel and the security of the facility. The intake area may also be used to process juveniles for release.

SECTION 20-1009 GENERAL HOUSING REQUIREMENTS

A. All rooms shall have, at a minimum, access to the following facilities:

B. A toilet above floor level, a wash basin and shower facilities, both with hot and cold running water.

C. A bed above floor level.

SECTION 20-1010 SINGLE OCCUPANCY HOUSING

The minimum square foot area of single sleeping or observation rooms will be 50-square feet per juvenile. If confinement exceeds 12 consecutive hours per day, 70-square feet per room will be provided. Space is measured from interior to interior wall less the space occupied by plumbing chases and columns. The space includes the area occupied by bed and plumbing fixtures.

SECTION 20-1011 MULTIPLE OCCUPANCY HOUSING

Where used, multiple occupancy sleeping rooms shall house no more than four (4) juveniles. This area shall provide:

A. The ability for observation by staff.

B. A minimum floor area of 35-square feet per juvenile.

C. Beds above floor level.

SECTION 20-1012 SPECIAL HOUSING

(NOT APPLICABLE TO HOLDOVER FACILITIES)

There shall be at least one room for administrative segregation of juveniles which provides for staff observation. Readily available alternative facilities may be used to meet this requirement.

SECTION 20-1013 ACTIVITY ROOMS

(NOT APPLICABLE TO HOLDOVER FACILITIES)

Activity rooms in the facility must have sufficient air circulation, temperature and lighting for the activities being performed and access to toilets and wash basins within the area. These areas include multipurpose rooms, recreation areas or program areas for juveniles and/or work areas for staff. Where practical, activity rooms should have natural light provided by skylight or windows.

SECTION 20-1014 LINEN STORAGE

Space shall be provided to store and issue facility clothing and bedding, and to provide for the exchange of personal and facility clothing when juveniles appear in court or are to be released. Storage space for clean bedding and facility clothing shall be convenient to juvenile housing areas.

SECTION 20-1015 EXERCISE SPACES

(NOT APPLICABLE TO HOLDOVER FACILITIES)

Juveniles detained in excess of 72 hours shall have access to outdoor or indoor exercise areas. Indoor exercise programs may be conducted in a multi-purpose room or room specifically set aside for indoor exercise, in spaces in which lighting, temperature and ventilation are appropriate for the activity to be conducted. Hallway areas will not be considered sufficient exercise space.

SECTION 20-1016 SECURE STORAGE

Space shall be provided for the secure storage of chemical agents, restraining devices and related security equipment. The equipment shall be located in an area which is accessible to authorized personnel only. Separate and secure space will be provided for evidence and contraband. Cleaning equipment and supplies shall be stored in a supervised area.

SECTION 20-1017 ADMINISTRATIVE SPACE

Adequate space will be provided for general administrative and staff functions.

SECTION 20-1018 FOOD SERVICE

Adequate space and equipment will be provided for food preparation and/or handling.

SECTION 20-1019 VISITATION AND CONSULTATION AREA

The area for approved visitors shall be inside the security perimeter of the facility.

Chapter XXI NEW CONSTRUCTION

SECTION 21-1001 DEFINITIONS

For purposes of this chapter "new construction" shall be defined as:

A. Any new facility;

B. Any area of construction added beyond outside walls and/or roof of an existing facility;

C. Any area of construction within an existing facility affecting more than 50% of the existing facility's overall floor area.

(For purposes of this chapter, "remodeling" is defined as construction within the existing facility's structure affecting 50% or less of the existing facility's floor area.)

The intention is to have all new areas of construction or remodeling either inside or outside an existing facility meet the specifically applicable section or sections as outlined in this chapter. For example, if plans are made to add a visitation or consultation area to an existing facility, the construction must be done in compliance with Section 21-2026. Likewise, if plans are made to convert existing space into a detention area, the new detention construction must meet the requirements of this chapter.

SECTION 21-1002 PLAN REVIEW

All design plans shall be presented in person to the Coordinator by the Facility's architect or the architect's representative the design plans shall also be accompanied by a written narrative explaining detailed compliance with these standards. The state Coordinator will make himself available to assist the requesting Facility with review of plans for standard conformity, and the Coordinator can suggest changes, but he has no official approval capacity.

SECTION 21-1003 . PLAN APPROVAL

The Criminal Detention Facility Review Committee shall have final approving authority of plans relating to compliance with standards for the construction of juvenile detention facilities. The Committee will issue final written approval upon the incorporation of all changes requested by the Coordinator and/or the Committee.

SECTION 21-1004 DOCUMENTATION

Copies of all reports and documents pertaining to juvenile detention facilities shall be sent to the office of the Coordinator. A master file of inspection reports on each facility shall be maintained by the Criminal Detention Facility Review Committee at the County Clerk's office in the county in which the facility is located.

SECTION 21-1005 BUILDING CODES

All new construction, in addition to these standards, will be designed and constructed in accordance with the codes and standards adopted by the Arkansas State Fire Marshal, Arkansas Department of Health, State Building Services and others as required and the latest edition of the Life Safety Code. If an addition increases the existing square footage by more than 50%, the entire facility shall be made to conform to the entire code.

SECTION 21-1006 ENVIRONMENTAL SYSTEMS, GENERALLY

Lighting will be appropriate to the activity for the area in question. Air circulation shall be provided and temperature shall be maintained between 65 degrees and 85 degrees Fahrenheit. Exceptions can be made in extreme conditions and emergencies. All mechanical, plumbing, electrical, life safety, and security control equipment and systems shall be secured from unsupervised juvenile access.

Automatic cut-in generators shall be provided of adequate capacity to operate electrical security equipment and to provide minimum illumination within and around the facility.

SECTION 21-1007 FIRE DETECTION

Fire, smoke and products of combustion detection equipment shall be provided according to the latest adopted state fire code. Said equipment will be battery-powered or part of the emergency power system.

SECTION 21-1008 DISABLED ACCESSIBLE

There shall be facilities available in which to house and care for disabled juveniles. All areas of the facility including public areas shall be accessible to and usable by disabled persons.

SECTION 21-1009 EXITS

There shall be at least two identified exits which can be traveled from the door of sleeping room or rooms to permit the prompt evacuation of juveniles and staff under emergency conditions. Required exits should lead directly to a hazard-free area where adequate supervision can be provided. The two exits must be as remote from each other as possible.

SECTION 21-1010 FLOOR DRAINS

Floor drains shall be designed, in accordance with the latest Arkansas plumbing code, to serve all housing and other areas where necessary to facilitate cleaning and prevent juvenile flooding of the facility. Floor drains shall be located outside areas occupied by juveniles to reduce the incident of tampering and flooding. Floor drain systems cannot drain into any sanitary sewer line within any area in which juveniles are housed or detained.

SECTION 21-1011 NATURAL LIGHT

(NOT APPLICABLE TO HOLDOVER FACILITIES.)

Natural light will be provided directly to all individual sleeping rooms and if possible to activity rooms and day rooms, via skylight or windows, both of which are designed to minimize introduction of contraband or escape.

SECTION 21-1012 CONTROLLED ACCESS

All pedestrian entrances and exits to the facility shall be via sally port. Electric doors, if used, should be visible physically or electronically and be operated from the control center. The vehicular sally ports should be located adjacent to the intake area for transportation of juveniles in and out of the facility. Interior sally ports should be located at points between juvenile area and public areas.

SECTION 21-1013 INTAKE, BOOKING AND RELEASE AREA(S)

Intake/booking and release area shall be located inside the security perimeter and have the following components:

A. Booking area(s).

B. Sally port vehicular and/or personnel.

C. Access to drinking water.

D. Access to shower facilities. (NOT APPLICABLE TO HOLDOVER FACILITIES.)

E. Secure storage for juvenile's personal property.

F. Telephone facilities.

G. Private interview space.

H. Temporary holding area(s) with seating.

I. Operable toilets and wash basins.

This area shall be designed so that newly admitted juveniles may be processed in a thorough, humane and orderly manner. Provisions should be made to insure the safety of juveniles and personnel and security of the facility. The intake area may also be used to process juveniles for release.

SECTION 21-1014 JUVENILE SEPARATION

The facility shall be designed and constructed so that juveniles can be separated according to existing laws and regulations, or according to the facility's written classification plan. The facility shall have a sufficient number of detention rooms or clusters of detention rooms in an appropriate configuration so that the various categories of juveniles can be housed separately.

SECTION 21-1015 GENERAL HOUSING REOUIREMENTS

Activity rooms or detention rooms shall have, at a minimum, access to the following facilities:

A. At least 50% of the facility's rated capacity shall be single occupancy sleeping rooms.

B. Sleeping rooms shall have, at a minimum, access to the following facilities:

1. A toilet above floor level, a wash basin and drinking water.

2. Shower facilities.

3. Hot and cold running water.

4. A bed above floor level.

5. A desk or writing surface.

SECTION 21-1016 SINGLE OCCUPANCY HOUSING

All single rooms shall have a minimum 70 square feet of floor space. Space is measured from interior wall to interior wall less the space occupied by plumbing chases and columns. The space does include the area occupied by bed, desk, and plumbing fixtures. A minimal horizontal room dimension of 6'8" and a ceiling height of 8'0" is required.

SECTION 21-1017 MULTIPLE OCCUPANCY HOUSING

Where used, multiple occupancy sleeping rooms may house no more than two (2) juveniles. These areas will provide:

A. The ability for observation by staff.

B. A minimum floor area of 35-square feet per juvenile in the sleeping area.

C. Beds above floor level.

SECTION 21-1018 SPECIAL HOUSING

(NOT APPLICABLE TO HOLDOVER FACILITIES)

There shall be at least one room for administrative segregation for juveniles which provides for staff observation. Special Housing shall have, at a minimum, access to the following facilities:

A. A toilet above floor level, a wash basin and drinking water, (all of which to be available without staff assistance).

B. Shower facilities.

C. Hot and cold running water.

D. A bed above floor level and a desk or writing surface.

SECTION 21-1019 DAY ROOMS

(NOT APPLICABLE TO HOLDOVER FACILITIES.)

The room shall have a minimum of 35-square feet of floor space per juvenile served from the separate and distinct adjacent sleeping area. Square footage is to be calculated exclusive of a 3-foot wide circulation space directly in front of the room doors.

SECTION 21-1020 ACTIVITY ROOMS

(NOT APPLICABLE TO HOLDOVER FACILITIES)

Activity rooms in the facility must have sufficient air circulation and temperature, and lighting for the activities being performed, and access to toilets and wash basins within the area. These areas include multipurpose rooms, recreation areas, or program areas for juveniles and/or work areas for staff; these areas shall have a minimum aggregate total of 35 square feet per juvenile based on the rated capacity of the facility. Square footage for dayrooms and activity rooms may be combined to achieve 65 square feet per rated capacity.

SECTION 21-1021 LINEN STORAGE

Space shall be provided to store and issue facility clothing and bedding and to provide for the exchange of personal and facility clothing when juveniles appear in court or are to be released. Storage space for linen, bedding and facility clothing shall be convenient to juvenile housing areas.

SECTION 21-1022 EXERCISE SPACES

(NOT APPLICABLE TO HOLDOVER FACILITIES)

Juveniles detained in excess of 72 hours shall have access to both indoor and outdoor exercise areas. Indoor exercise programs may be conducted in a multi-purpose room or room specifically set aside for indoor exercise. This space shall have lighting, temperature and ventilation which are appropriate for the activities to be conducted. Hallway areas in front of rooms will not be considered exercise space. The outdoor exercise space shall have a minimum of 100 square feet per juvenile based on the rated capacity of the facility.

SECTION 21-1023 SECURE STORAGE

Space shall be provided for the secure storage of chemical agents, restraining devices and related security equipment. Equipment shall be located in an area which is accessible to authorized personnel only. Separate and secure space will be provided for evidence and contraband. Cleaning equipment and supplies shall be stored in a supervised area.

SECTION 21-1024 ADMINISTRATIVE SPACE

Adequate space will be provided for general administrative and staff functions.

SECTION 21-1025 FOOD SERVICE SPACE

(NOT APPLICABLE TO HOLDOVER FACILITIES)

Dining area shall have a minimum of 15 square feet per person, to include juveniles and staff. Kitchen area shall be a minimum of 200 square feet excluding food storage area.

SECTION 21-1026 VISITATION AND CONSULTATION AREA (new language mirrors standard for adult jails)

The area for visitation by the public shall be outside the security perimeter, visiting area for the juvenile shall be inside the security perimeter. The visiting area shall be acoustically treated to reduce noise. These areas may also be used as private consultation rooms for law enforcement officers, attorneys, clergy, etc. Optional contact visitation spaces may be provided.

SECTION 21-1027 HEALTH ROOM

(NOT APPLICABLE TO HOLDOVER FACILITIES)

For health care delivered in the facility, adequate space, equipment, supplies and materials shall be provided as determined by the designated health authority. A private examination room (which can serve other purposes when not used for medical/dental consultations) shall be provided.

Chapter XXII

JUVENILE DETENTION FACILITIES OR JUVENILE

HOLDOVER FACILITIES WITHIN ADULT JAILS

SECTION 22-1001 JUVENILE DETENTION FACILITIES OR JUVENILE HOLDOVER FACILITIES WITHIN ADULT JAILS

A Juvenile Detention Facility falls under this category when it exists within the same building or on the same grounds as the adult jail. Application of this section does not preclude compliance with regulations of the state standards as defined in Chapter XXII "Existing Facilities" or Chapter XXIII "New Construction".

SECTION 22-1002 SEPARATE SPATIAL AREAS

Total separation between juvenile and adult facility spatial areas is required such that there could be no haphazard or accidental contact between juvenile and adult detainees in the respective facilities, including:

A. Entrance

B. Intake/processing

C. Dining

D. Indoor recreation

E. Outdoor recreation

F. Education

G. Counseling

H. Other programs

I. Living units

J. Visitation

K. Day rooms

SECTION 22-1003 SEPARATE PROGRAM ACTIVITIES

Total separation in all juvenile and adult program activities within the facilities is required, including:

A. Recreation

B. Education

C. Counseling

D. Health care

E. Dining

F. Sleeping

G. General living activities

SECTION 22-1004 TIME-PHASING

Time-phasing spatial areas and activities between juvenile and adult detainees shall not occur.

SECTION 22-1005 SEPARATE STAFF

Separate juvenile and adult staff is required, including:

A. A Management

B. Juvenile Detention Staff

SECTION 22-1006 SPECIALIZED SERVICES STAFF

Specialized services staff who are not normally in contact with detainees, or whose infrequent contacts occur under conditions of separation of juveniles and adults can serve both. Such staff includes the following:

A. A Cooks

B. Bookkeepers

C. Medical professionals

SECTION 22-1007 STAFF ROTATION

Juvenile facility staff and adult facility staff shall not be rotated between facilities based on the occupancy in either facility.

SECTION 22-1008 RELIEF WORKERS

Adult facility staff shall not serve as relief workers for the juvenile facility on their regular scheduled workdays in the jail, and may only enter the juvenile facility in emergency, life-threatening situations.

SECTION 22-1009 ADULT RESIDENT TRUSTEES

Adult detainees (trustees) shall never be permitted to supervise or direct services for juvenile detainees.

PSYCHOLOGICAL EXAMINANITION REPORT

Chapter VII, Section 7-1001, E., of the Juvenile Standards requires that applicants be examined for emotional stability by an individual licensed to practice psychiatry or Psychology and qualified to perform such evaluations in the State of Arkansas. The emotional stability to withstand the pressures of modem law enforcement work is an essential qualification for applicants for law enforcement service and although psychological tests and interviews have recognized limitations, many personality defects can and are identified through screening by training professionals.

REQUIREMENTS:

1) All applicants will be examined to determine emotional stability.

2) No person will be eligible for certification if they have any condition listed in the Diagnostic and Statistical Manual 111 (DSM 111) of the American Psychiatric Association which would limit the police officer's ability to cope with the stress of modem day police work such as:

(a) Any organic mental disorder or organic brain syndrome that currently results in impairment in memory, cognitive functions, judgment and personality.

(b) Any substance use such as alcohol, barbiturate, opium, cocaine, amphetamine, hallucinogenic and cannabis which impairs social or occupational functioning due to an inability to control use or stop taking the substance and the development of serious withdrawal symptoms after cessation or reduction in substance use. Previous substance use must be in remission for three (3) years.

(c) Any psychotic reaction showing disturbance in content of thought involving delusions, fragmented thoughts, distortions of reality, breakdown of ego defenses or hallucination. Any previous psychotic episodes must be in remission for three (3) years and be currently evaluated as showing no residual symptoms.

(d) Any neurotic disorder such as excessive anxiety, panic, convulsions which would indicate that irrational behavior would occur under stress.

(e) Any impulse control problem particularly with anger having resulted in husband/wife or child abuse or revealed in explosive outbreaks.

(f) Any environmental stresses such as divorce, loss of job, business difficulty, death in family, can result in maladaptive reactions resulting in either impairment in social or occupational functioning that is in excess of a normal and expected reaction.

(g) Any personality disorder showing a pervasive and unwarranted suspicion and mistrust of people, hypersensitivity, emotional coldness and aloofness resulting in an inability to make and maintain relationships. Any history of continuous and chronic antisocial behavior.

(h) Behavior disorders as evidenced by:

(1) Frequent encounters with law enforcement agencies or antisocial attitudes or behavior which, while not a cause for rejection under Chapter VII, Section 7-1001, E., are tangible evidence of an impaired character logical capacity to adapt to the demands of law enforcement service.

(2) Behavior disorders where it is evident by history and objective examination that the degree of immaturity, instability, personality inadequacy and dependency will seriously interfere with the performance of law enforcement duties as demonstrated by repeated inability to maintain reasonable adjustment in school, with employers and fellow workers and other social groups.

PROCEDURES:

1. An actual interview and psychometric evaluation will be utilized:

(a) The employing agency will determine the examiner to be utilized.

(b) Applicants will complete any preliminary history forms required by the examiner. The applicant will provide the examiner with a release of information to the potential employing authority.

(c) The results of the first examination will be binding. When the original examiner determines that additional tests are needed, the additional tests or interviews will be considered a part of the original examination. If extenuating circumstances exist that create a doubt as to the validity of the results of the first examination, the employing agency may petition the Commission for the approval of a second examination to be administered by a different examiner.

(d) The psychometric evaluation shall include such standardized test such as the Minnesota Multiphasic Personality Inventory, or others that may be necessary such as, Bender Gestalt and Rorschach or the equivalent of each test as are appropriate and are validated by proper authority to evaluate personality traits and other mental health characteristics. These tests will be interpreted by licensed qualified individuals to assure results.

(e) During the diagnostic interview, the examiner will evaluate each individual sufficiently for any evidence of disorganized or unclear thinking, of unusual thought control, of undue suspiciousness or of apathy or 'strangeness" and any discovered withdrawal or marked anxiety, which is out of keeping with the content of the interview will be noted and carefully evaluated.

2. The results of the evaluation will be recorded. A report of the evaluation will be forwarded to the employing agency. The report will be signed by a licensed psychologist or psychiatrist designating the applicant as RECOMMENDED or NOT RECOMMENDED. The results of tests or interviews administered by licensed Psychological examiners must be reviewed and countersigned by either a licensed psychologist or psychiatrist.

3. The evaluation will be retained by the employing agency and must be available for examination at any reasonable time by the Review Committee or the Coordinator.

Arkansas Administrative CodeAgency 006 - Department of Finance and AdministrationDivision 26 - Criminal Detention Facilities Review CommissionRule 006.26.14-002 - Juvenile Detention Facility Standards (2014)

Arkansas Administrative Code
Agency 006 - Department of Finance and Administration
Division 26 - Criminal Detention Facilities Review Commission
Rule 006.26.14-002 - Juvenile Detention Facility Standards (2014)