Current through Register Vol. 48, No. 38, September 20, 2024
a)
Posting of Rights
A Notice of Rights, in Spanish and English, available from the
Office of Detention and Audit Services, shall be conspicuously posted in all
areas, other than detention rooms, where youth are held in custody.
b) Legal Authority for Detention
The staff member accepting youth for detention must determine
that each is being detained under proper legal authority, as provided by court
order or written authorization from a court services staff member designated to
screen detention referrals from law enforcement. Court services staff members,
including juvenile probation officers, can screen a youth for detention
referrals but cannot impose the sentence.
c) Identity
Identity of the youth being admitted must be verified. A
photograph of the youth shall be taken upon admission and kept as a part of the
youth's personal record.
d)
Injuries
Any seriously injured, seriously ill, intoxicated or
unconscious youth must not be admitted to the detention facility until a
medical examination has been conducted by a licensed physician. A written
record of diagnosis, treatment, and medication prescribed shall accompany the
youth if detention admission is approved by the examining licensed
physician.
e) Parental
Notification
Detention staff shall notify the parents, guardian or other
legal custodian of the youth's admission within one hour after arrival. The
date, time of the call and name of person contacted shall be recorded and
included in the youth's personal record.
f) Search
A thorough search of the youth's person shall be performed by a
staff member to assure against the introduction of weapons, contraband or body
pests. Following admission, a strip search may be administered only when there
is individualized, reasonable suspicion.
1) The search shall be performed in an area
that ensures privacy and dignity of the individual. The individual shall not be
exposed to the view of others not specifically involved in the
process;
2) Searches shall be
conducted by a person of the same gender (transgender youth shall be allowed to
choose the gender of the staff who will conduct the search);
3) All personal clothing shall be carefully
searched for contraband; and
4) The
probing of body cavities may not be done except where there is reasonable
suspicion to believe that the youth is carrying contraband there, and searches
may only be conducted by medically trained persons (e.g., physician, physician
assistant, registered nurse, licensed practical nurse, paramedic) in a private
location and under sanitary conditions.
g) Personal Property
There shall be a written policy regarding personal property
taken from youth. The policy shall ensure that:
1) Personal property taken from youth shall
be listed and described in the presence of the youth and a receipt
issued;
2) The receipt must show
the signatures of the admitting staff member and the youth, with the original
filed in the youth's personal record file and the duplicate given to the
youth;
3) All personal property of
the youth shall be securely stored until release, discharge or transfer occurs,
unless the youth approves, in writing, the release of the property to a
designated person;
4) Personal
property released to a third party must have the youth's signature approval and
the signature receipt of the third party;
5) Contraband items, officially confiscated
or disposed of, shall be shown on the inventory and the youth's signature shall
be obtained along with the signature of the staff member;
6) Items of personal property subsequently
added shall be recorded on the inventory and the youth's signature shall be
obtained along with the signature of the staff member; and
7) Personal clothing shall be laundered or
dry cleaned, as appropriate, before storage and made ready for a youth's court
appearance, release or approved use during the detention period.
h) Medical Screening
1) A medical screening shall be performed as
part of the admission process either by a qualified medical professional or a
staff member who has been trained by medical staff to perform initial
screening. Screening shall document questions and responses related to:
A) Current physical, mental, and dental
health status or complaints including gynecological issues or
pregnancy;
B) Recent injuries or
physical trauma;
C) Allergies or
special health requirements including special diets;
D) Current sexually transmitted infections
and symptoms of infectious or communicable diseases, including
tuberculosis;
E) Recent drug or
alcohol use and withdrawal symptoms;
F) Current medications needed; and
G) Names of current health care providers in
the community.
2) The
screener shall observe the youth for:
A) Signs
of trauma or physical injuries;
B)
Skin conditions including bruising, lesions, infestation, rash or needle
marks;
C) Physical disabilities
including mobility, hearing or vision problems; and
D) Signs of intellectual, developmental or
learning disabilities.
3) Serious injuries or signs of trauma at
admission shall be photographed in color.
A)
The admitting staff member shall observe the youth for any obvious injuries or
illnesses requiring immediate emergency medical care, rashes, unusual cough,
high temperature, body pests and general mental status. The officer shall
determine by questioning whether the youth has medical conditions such as
dependence on drugs or alcohol, diabetes, epilepsy, past treatment for mental
disorders or allergies; whether the youth is on medication; and if female,
whether the youth is pregnant. The person performing the examination shall be
trained to identify medical and mental problems.
B) The admitting staff member shall contact
the parents, guardian or other responsible person, at the time of the first
visit, to obtain the medical history of the youth, including current medication
and Medicaid/insurance information. Current prescription medication shall be
continued without interruption unless a qualified medical professional
determines in consultation with the prescribing physician, youth, and family
that continuation is not indicated.
C) A mental health screening, including a
complete evaluation of risk for suicide must be performed by a mental health
practitioner or staff member who has been trained by a mental health
practitioner.
D) Any youth showing
signs of or reporting physical or mental distress, drug or alcohol abuse shall
be referred to health care personnel immediately.
4) PREA Assessment
A) Within 72 hours after the youth's arrival
at the facility and periodically throughout a youth's confinement, the agency
shall obtain and use information about each youth's personal history and
behavior to reduce the risk of sexual abuse by or upon a resident.
B) Assessments shall be conducted using an
objective screening instrument.
C)
At a minimum, the agency shall attempt to ascertain information about:
i) Prior sexual victimization or
abusiveness;
ii) Any gender
nonconforming appearance or manner or identification as lesbian, gay, bisexual,
transgender or intersex, and whether the youth may therefore be vulnerable to
sexual abuse;
iii) Current charges
and offense history;
v) Level of emotional and
cognitive development;
vi) Physical
size and stature;
vii) Mental
illness or mental disabilities;
viii) Intellectual or developmental
disabilities;
ix) Physical
disabilities;
x) The youth's own
perception of vulnerability; and
xi) Any other specific information about
individual youths that may indicate heightened needs for supervision,
additional safety precautions, or separation from certain other residents.
D) This information shall
be ascertained through conversations with the youth during the intake process
and medical and mental health screenings; during classification assessments;
and by reviewing court records, case files, facility behavioral records and
other relevant documentation from the youth's files.
E) The agency shall implement appropriate
controls on the dissemination within the facility of responses to questions
asked pursuant to this standard in order to ensure that sensitive information
is not exploited to the youth's detriment by staff or other residents. (See
Section 341 of PREA.)
i) Placement of Youth in Housing, Bed,
Program, Education and Work Assignments - PREA
1) The agency shall use all information
obtained pursuant to Section 341 of PREA and subsequently to make housing, bed,
program, education and work assignments for youth with the goal of keeping all
youth safe and free from sexual abuse.
2) Youth may be isolated from others only as
a last resort when less restrictive measures are inadequate to keep them and
other residents safe, and then only until an alternative means of keeping all
residents safe can be arranged. During any period of isolation, agencies shall
not deny youth daily large-muscle exercise and any legally required educational
programming or special education services. Youth in isolation shall receive
daily visits from a medical or mental health care clinician. Youth shall also
have access to other programs and work opportunities to the extent
possible.
3) Lesbian, gay,
bisexual, transgender or intersex youth shall not be placed in particular
housing, bed or other assignments solely on the basis of the identification or
status, nor shall agencies consider lesbian, gay, bisexual, transgender or
intersex identification or status as an indicator of likelihood of being
sexually abusive.
4) In deciding
whether to assign a transgender or intersex resident to a facility for male or
female residents, and in making other housing and programming assignments, the
agency shall consider on a case-by-case basis whether a placement would ensure
the youth's health and safety, and whether the placement would present
management or security problems.
5)
Placement and programming assignments for each transgender or intersex youth
shall be reassessed at least twice each year to review any threats to safety
experienced by the resident.
6) A
transgender or intersex youth's own views with respect to their own safety
shall be given serious consideration.
7) Transgender and intersex youth shall be
given the opportunity to shower separately from other residents.
8) If a resident is isolated pursuant to
subsection (i)(2), the facility shall clearly document:
A) The basis for the facility's concern for
the youth' safety; and
B) The
reason why no alternative means of separation can be arranged.
9) Every 30 days, the facility
shall afford each resident described in subsection (i)(8) of this Section a
review to determine whether there is a continuing need for separation from the
general population. (See Section 342 of PREA.)
j) Medication
Any medication in the possession of a youth at admission shall
be labeled for identification and withheld until a medical doctor determines
the disposition. This determination shall be made at the earliest possible
time, but in no instance shall it exceed eight hours after admission or within
the time interval specified for administration of the medication on the
prescription container, whichever is less.
k) Personal Record Information
A record for each youth shall be established at admission and
maintained throughout the period of detention in accordance with the records
requirements set forth in Section
2602.40.
l) Showers
All youth must shower or bathe when admitted, unless otherwise
advised by medical staff in individual cases.
m) Factors for Placement
The youth shall be assigned to suitable quarters. (See Section
2602.70.)
n) Items of Issue
Youth shall be issued clean bedding, towel, necessary clothing,
soap, toothbrush and dentifrice. Youth shall also be issued clothing.
1) Bedding shall consist of sheets, flame
retardant mattress, blankets appropriate to the season of the year and a
pillow. These items will be provided to a youth unless the youth has been
placed on a mental health crisis status and the bedding poses a threat to the
youth's safety as determined by a mental health professional.
2) The towel shall be cloth and of bath
size.
3) Clothing, including shoes,
shall be climate and weather appropriate. Clothing and other garments shall be
of an appropriate size and in a state of good, usable condition. Clothing
allotment shall be sufficient to allow youth to change clothes to
sleep.
o) Rules and
Regulations
A copy of the printed detention facility rules and regulations
shall be given, explained and acknowledged by each youth at time of admission.
Written documentation shall exist as to distribution, explanation and
acknowledgement.
p)
Admission Isolation
A youth shall be placed in general population for regular
programming immediately following admission.
q) Orientation
An initial orientation shall be conducted by a detention staff
member at time of admission. The orientation shall include:
1) Information pertaining to rising and
retiring, meals, mail procedures, telephone privileges, visiting,
correspondence, commissary, recreation and medical care;
3) Disciplinary procedures and behavioral
programming, including rewards and sanctions;
4) Information regarding programs (i.e.,
education, arts and crafts, counseling and all social services);
5) Procedures for making requests or entering
complaints to staff members, judiciary or to Department personnel;
6) Orientation presentations shall be in
written form and read to youth. Youth with limited English proficiency shall be
given interpretive assistance.
r) Reporting of Sexual Abuse - PREA
1) The agency shall provide multiple internal
ways for youth to privately report sexual abuse and sexual harassment,
retaliation by other youth or staff for reporting sexual abuse and sexual
harassment, and staff neglect or violation of responsibilities that may have
contributed to the incidents.
2)
The agency shall also provide at least one way for youth to report abuse or
harassment to a public or private entity or office that is not part of the
agency and that is able to receive and immediately forward resident reports of
sexual abuse and sexual harassment to agency officials, allowing the resident
to remain anonymous upon request. Youth detained pursuant to a judicial
immigration warrant shall be provided information on how to contact relevant
consular officials and relevant officials at the Department of Homeland
Security.
3) Staff shall accept
reports made verbally, in writing, anonymously and from third parties and shall
promptly document any verbal reports.
4) The facility shall provide youth with
access to tools necessary to make a written report.
5) The agency shall provide a method for
staff to privately report sexual abuse and sexual harassment of youth. (See
Section 351 of PREA.)
6) Exhaustion
of Administrative Remedies.
An agency shall be exempt from the standards of this subsection
(r)(6) if it does not have administrative procedures to address youth
grievances regarding sexual abuse because the youth may proceed directly to
federal court. If an agency does have administrative procedures to address
youth grievances regarding sexual abuse, then the agency's procedures must meet
the requirements in this subsection (r)(6).
A) Time Limits
i) The agency shall not impose a time limit
on when a youth may submit a grievance regarding an allegation of sexual
abuse;
ii) The agency may apply
otherwise-applicable time limits on any portion of a grievance that does not
allege an incident of sexual abuse;
iii) The agency shall not require a youth to
use any informal grievance process, or to otherwise attempt to resolve with
staff, an alleged incident of sexual abuse; and
iv) Nothing in this subsection(r)(6)(B) shall
restrict the agency's ability to defend against a lawsuit filed by a youth on
the ground that the applicable statute of limitations has expired.
B) The agency shall ensure that:
i) A youth who alleges sexual abuse may
submit a grievance without submitting it to a staff member who is the subject
of the complaint; and
ii) The
grievance is not referred to a staff member who is the subject of the
complaint.
C) Final
Decision
i) The agency shall issue a final
agency decision on the merits of any portion of a grievance alleging sexual
abuse within 90 days of the initial filing of the grievance;
ii) Computation of the 90-day time period
shall not include time consumed by residents in preparing any administrative
appeal;
iii) The agency may claim
an extension of time to respond, of up to 70 days, if the normal time period
for response is insufficient to make an appropriate decision. The agency shall
notify the youth in writing of any extension and provide a date by which a
decision will be made; and
iv) At
any level of the administrative process, including the final level, if the
youth does not receive a response within the time allotted for reply, including
any properly noticed extension, the youth may consider the absence of a
response to be a denial at that level.
D) Third Party Requests
i) Third parties, including fellow youth,
staff members, family members, attorneys and outside advocates, shall be
permitted to assist youth in filing requests for administrative remedies
relating to allegations of sexual abuse, and shall also be permitted to file
requests on behalf of youth;
ii) If
a third party, other than a parent or legal guardian, files a request on behalf
of a youth, the facility may require as a condition of processing the request
that the alleged victim agree to have the request filed on their behalf, and
may also require the alleged victim to personally pursue any subsequent steps
in the administrative remedy process;
iii) If the youth declines to have the
request processed on their behalf, the agency shall document the youth's
decision;
iv) A parent or legal
guardian of a youth shall be allowed to file a grievance regarding allegations
of sexual abuse, including appeals, on behalf of the youth. A grievance shall
not be conditioned upon the youth agreeing to have the request filed on their
behalf.
E) Emergency
Grievance
i) The agency shall establish
procedures for the filing of an emergency grievance alleging that a youth is
subject to a substantial risk of imminent sexual abuse.
ii) After receiving an emergency grievance
alleging a youth is subject to a substantial risk of imminent sexual abuse, the
agency: shall immediately forward the grievance (or any portion thereof that
alleges the substantial risk of imminent sexual abuse) to a level of review
that immediate corrective action may be taken, shall provide an initial
response within 48 hours, and shall issue a final agency decision within 5
calendar days. The initial response and final agency decision shall document
the agency's determination whether the youth is in substantial risk of imminent
sexual abuse and the action taken in response to the emergency
grievance.
F) The agency
may discipline a youth for filing a grievance related to alleged sexual abuse
only where the agency demonstrates that the youth filed the grievance in bad
faith. (See Section 352 of PREA.)
G) The facility shall provide a youth with
access to outside victim advocates for emotional support services related to
sexual abuse, by providing, posting or otherwise making accessible mailing
addresses and telephone numbers, including toll free hotline numbers where
available, of local, State, or national victim advocacy or rape crisis
organizations, and, for persons detained pursuant to a judicial immigration
warrant, immigrant services agencies. The facility shall enable reasonable
communication between a youth and these organizations and agencies, in as
confidential a manner as possible.
H) The facility shall inform the youth, prior
to giving them access, of the extent that communications will be monitored and
reports of abuse will be forwarded to authorities in accordance with mandatory
reporting laws.
I) The agency shall
maintain or attempt to enter into memoranda of understanding or other
agreements with community service providers that are able to provide a youth
with confidential emotional support services related to sexual abuse. The
agency shall maintain copies of agreements or documentation showing attempts to
enter into such agreements.
J) The
facility shall also provide a youth with reasonable and confidential access to
their attorneys or other legal representation and reasonable access to parents
or legal guardians. (See Section 353 of PREA.)
7) The agency shall establish a method to
receive third-party reports of sexual abuse and sexual harassment and shall
distribute publicly information on how to report sexual abuse and sexual
harassment on behalf of a youth. (See Section 354 of PREA.)