Kentucky Administrative Regulations
Title 505 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF JUVENILE JUSTICE
Chapter 2 - Juvenile Detention Facilities
Section 505 KAR 2:060 - Security and control
Universal Citation: 505 KY Admin Regs Service 2:060
Current through Register Vol. 51, No. 6, December 1, 2024
RELATES TO: KRS 15A.210-15A.240
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.210 mandates that the Department of Juvenile Justice issue administrative regulations governing juvenile detention centers and juvenile holding facilities.
Section 1.
(1) There shall be a manual
containing the facility's policies and procedures for security and control,
which shall include detailed instructions for implementing these procedures.
The manual shall be made available to all personnel and shall be reviewed
annually and updated as necessary.
(2) The facility shall maintain a control
center.
(3) There shall be a
minimum of two (2) youth care workers on duty at all times in the facility, one
(1) of whom is female when females are housed in the facility and one (1) of
whom is male when males are housed in the facility. The general staffing ratio
shall be one (1) youth care worker to every ten (10) residents or fraction
thereof during waking hours. The circumstances of particular facilities shall
be taken into consideration as waiver requests are received by the Department
of Juvenile Justice.
(a) If a waiver from this
standard is desired, the responsible local authority shall submit a written
request to the Department of Juvenile Justice. The written request shall
include:
1. Identification and description of
the specific problems involved in meeting the staffing ratio
requirement.
2. A description of
the needed ratio change, including identification of supporting
factors.
3. A description of the
classification to be used, additional staffing alternatives and
programming.
4. Sufficient
documentation demonstrating that the waiver, if granted, does not jeopardize
the security or supervision of juveniles and programs, or the safe, healthful,
and efficient operation of the facility.
(b) The Department of Juvenile Justice may
grant a waiver of the minimum staffing ratio for an existing facility if it
determines:
1. That strict compliance may
cause unreasonable difficulties in securing housing for juvenile offenders;
and
2. That a waiver does not
seriously effect the security or supervision of juveniles and programs, or the
safe, healthful and efficient operation of the facility.
(c) A waiver, if granted by the Department of
Juvenile Justice, shall apply only to the petitioner for the period of time
specified and may include conditions imposed by the department. A waiver shall
not be granted for longer than twelve (12) months. A waiver granted for a
twelve (12) month period shall be reviewed at the end of the period for
reapproval.
(4) The
facility shall adopt written policy and procedure which governs the
availability, control and use of chemical agents and related security devices.
Chemical agents and related security devices shall be used only at the
direction of the facility administrator or designee. Oleoresin capsicum spray
shall be of an organic nature. The use of mace is prohibited. A written report
shall be prepared following all use of force and shall be submitted to the
facility administrator. These reports shall be kept in a file labeled as such
and maintained for review by the Department of Juvenile Justice.
(5) Written policy and procedure shall
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.
(6) The facility shall
have a system to physically count juveniles that includes strict accountability
for juveniles assigned to work and educational release, furloughs and other
approved, temporary absences.
(7)
The facility shall adopt and enforce written policies and procedures which:
(a) Require that supervisory staff maintain a
permanent log and prepare shift reports that record routine and emergency
situations;
(b) Provide for
notifying appropriate staff of increases and decreases in the population, on a
shift-by-shift basis;
(c) Provide
for weekly inspection and maintenance of security devices; corrective action is
initiated when necessary;
(d)
Require that line supervisory staff inspect every area of the facility daily
and submit a written report to an administrative official for review whenever
deficiencies are noted;
(e) Require
that the facility administrator or designee and other department heads inspect
the facility's living and activity areas at least weekly;
(f) Provide that staff regulate juvenile
movement;
(g) Govern the control
and use of keys;
(h) Govern the
control and use of tools, medical and culinary equipment;
(i) Provide that all persons injured in an
incident, as defined in subsection (10) of this section, receive an immediate
medical examination and treatment;
(j) Provide for a communications system
within the facility, and between the facility and the community, in the event
of an emergency;
(k) Provide that
the facility maintains a written record of routine and emergency distribution
and use of restraint equipment;
(l)
Provide that instruments of restraint are never applied as punishment and are
applied only with the approval of the facility administrator or
designee;
(m) Govern safety and
security precautions pertaining to facility and staff vehicles;
(n) Govern the transportation of juveniles
outside the facility and from one (1) jurisdiction to another; and
(o) Limit the use of physical force to
instances of self-protection, protection of the juveniles or others, prevention
of property damage, prevention of escapes and in accordance with appropriate
statutory authority. In no event shall physical force be justifiable as
punishment. A written report shall be prepared following all uses of force and
shall be submitted to the facility administrator.
(8) The written plan for searches of the
facility and juveniles to control contraband shall be reviewed by legal counsel
to ascertain the legality of the plan.
(9) The policy regarding searches for the
control of contraband shall be published, made available to staff and
juveniles, reviewed at least annually and updated if necessary.
(10) The taking of hostages, use of restraint
equipment, use of physical force, and all other special incidents shall be
reported in writing, dated, and signed by the staff person reporting the
incident. The report shall be placed in the juvenile's case record and reviewed
by the facility administrator and the parent agency.
(11) Except in emergency situations, as
determined by the facility administrator, firearms shall not be permitted in
the facility.
(12) There shall be
written operational shift assignments or post orders that state the duties and
responsibilities for each assigned position in the facility. These shift
assignments shall be reviewed at least annually and updated if
necessary.
(13) There shall be
written procedures for handling escapes, runaways and unauthorized absences.
These procedures shall be reviewed at least annually and updated as
necessary.
(14) The facility shall
adopt written plans that: specify procedures to be followed in emergency
situations, e.g., fire, disturbance, taking of hostages. These plans shall be
made available to all applicable personnel and they shall be reviewed and
updated at least annually.
(15) The
facility shall adopt written plans which govern space arrangements and
procedures to follow in the event of a group arrest that exceeds the maximum
capacity of the juvenile detention facility. These plans shall be reviewed
annually and updated if necessary.
(16) The facility shall adopt a written plan
that provides for continuing operations in the event of a work stoppage or
other job action. Copies of this plan shall be available to supervisory
personnel, who are required to familiarize themselves with it.
(17) Power generators, where present, shall
be tested at least every two (2) weeks and other emergency equipment and
systems shall be tested a least monthly for effectiveness and repaired or
replaced as necessary.
(18) Written
policy and procedure shall provide for the following:
(a) A visual inspection, strip search, or
body cavity search shall not be conducted unless there is a reasonable belief
that a juvenile is carrying contraband or other prohibited material.
(b) A manual or instrument inspection of a
juvenile's body cavities shall not be conducted unless authorized by the
facility administrator or designee. This type of inspection shall be done by a:
1. Licensed physician;
2. Registered nurse;
3. Licensed practical nurse; or
4. Physician assistant.
(c) A strip search shall be conducted by a
staff member of the same sex, with a documented account submitted to the
facility administrator. This type of search shall not be conducted unless a
juvenile is entering the facility or the requirements of paragraph (a) of this
subsection are met.
(19)
Transportation, other than facility provided, shall be available for use in
emergencies.
(20) Incidents
involving riots, escapes, the death or serious injury of a juvenile or a staff
member, the taking of hostages, facility fire or other natural disasters
affecting the facility, suicide, and suicide attempts resulting in injury shall
be reported in writing to the Department of Juvenile Justice within forty-eight
(48) hours, exclusive of weekends or holidays.
STATUTORY AUTHORITY: KRS 15A.210
Disclaimer: These regulations may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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