Code of Maine Rules
03 - DEPARTMENT OF CORRECTIONS
201 - DEPARTMENT OF CORRECTIONS/GENERAL
Chapter 1 - DETENTION AND CORRECTIONAL STANDARDS FOR COUNTIES AND MUNICIPALITIES
Section 201-1-IIb - HOLDING FACILITIES (6 TO 72 HOURS DETENTION)


Current through 2024-38, September 18, 2024

ADMINISTRATION

HF.1

Each facility administrator shall develop and maintain post orders or standard operating procedures (SOPs) describing the operating practices of the holding facility. At a minimum, written post orders or SOPs shall address the following standards:

1. Holding facility logs;

2. Completion of the monthly population report;

3. Evacuation procedures;

4. Use of restraint equipment;

5. Searches;

6. Observation/supervision;

7. Admission and release procedures;

8. Separation of adults from juveniles and males from females;

9. Medical/Mental Health Screening form;

10. Providing of bedding, linen and personal hygiene items;

11. Inmate property control;

12. Location of first aid kits;

13. Emergency medical care;

14. Daily work routine;

15. Arrangements for clean laundry; and

16. Shower schedule.

Evidence of Compliance: Written post orders or SOPs.

HF.2

Post orders or SOPs shall be located at each staff post.

Evidence of Compliance: Schematic detailing location of post orders or SOPs. Interviews. Observations.

HF.3

Personnel who have Holding Facility responsibilities shall receive training in the execution of post orders or SOPs prior to being assigned to supervise inmates being held.

Evidence of Compliance: Training records. Interviews.

HF.4

Staff training shall be documented in staff training or personnel files.

Evidence of Compliance: Training records.

HF.5

All personnel with holding facility responsibilities shall be certified in basic first aid and cardiopulmonary resuscitation (CPR).

Evidence of Compliance: Personnel Roster. Training records.

HF.6

1. Holding facility logs shall be maintained and contain the following:

2. Personnel on duty who are responsible for the holding facility;

3. Time and results of inmate supervision and counts;

4. The time, date, and names of inmates received and released or transferred, and the reason for the same;

5. Time of all meals served;

6. Date/time medication is administered and by whom; and

7. All shift activities, including any action taken handling routine or unusual incidents or occurrences.

Evidence of Compliance: Facility logs.

HF.7

Each facility administrator or designee shall complete an inmate population report.

1. For municipal holding facilities, the Monthly Population Report (Appendix I) shall be completed. A copy of the monthly report shall be submitted to the Department of Corrections at the end of each month.

2. For county holding facilities, written policy and procedure and practice shall provide for the submission of daily population reports utilizing the Bed Availability Reporting System (BARS) or other reporting system approved by the Commissioner of Corrections. These daily reports must be entered into the system by 9:00 a.m. and reflect the jail's population count as of 12:00 a.m. for the day reported.

Evidence of Compliance: Receipt of reports.

SECURITY

HF.8

A written evacuation plan shall be developed and shall show the means of egress from the facility. Appropriate sections of the evacuation plan shall be posted in the holding facility.

Evidence of Compliance: Written evacuation plan. Observations.

HF.9

Weapons shall not be permitted within the security perimeter of the holding area. Secure storage for weapons shall be provided outside of the security perimeter of the holding area.

Evidence of Compliance: Written policy and procedure. Written post orders. Observations.

HF.10

A security perimeter shall be established which shall prevent access to and escape from the holding area.

Evidence of Compliance: Observations.

HF.11

Audio monitoring and communications shall be maintained between control/dispatch centers and all inmate holding areas.

Evidence of Compliance: Observations.

HF.12

The use of restraint equipment on an inmate in a cell shall be governed by written post orders (SOPs). The use of restraint equipment within a holding cell shall be followed by a written report to the facility administrator within 24 hours, and shall include justification for the use of restraints.

Evidence of Compliance: Written policy and procedure. Written post orders. Incident reports. Interviews.

HF.13

A duplicate set of emergency keys shall be clearly marked and readily available for use in emergency situations. Staff shall be able to release inmates in emergency situations.

Evidence of Compliance: Observations. Interviews.

HF.14

A system shall govern the control and use of keys. Keys shall be securely stored and distributed by a check-out/check-in system.

Evidence of Compliance: Written policy and procedure. Written post orders. Interviews. Observations.

HF.15

Searches of inmates to control contraband and maintain security shall be governed by written post orders (SOPs).

Evidence of Compliance: Written policy and procedure. Written post orders. Interviews.

HF.16

Searches of arrestees shall be conducted in compliance with the rules promulgated by the Maine Attorney General (Appendix H)

Evidence of Compliance: Written policy and procedure. Written post orders. Facility logs. Interviews.

HF.17

All inmates shall be searched thoroughly whenever entering or leaving the facility.

Evidence of Compliance: Written policy and procedure. Written post orders. Facility logs. Interviews.

HF.18

The use of physical force by staff members shall be limited to justifiable instances of self-defense, defense of others, protection of property, prevention of escapes, and enforcement of facility rules as outlined in Title 17-A MRSA §107. Any use of physical force against an inmate shall be followed by a written report to the facility administrator within 24 hours.

Evidence of Compliance: Written policy and procedure. Written post orders. Incident reports. Interviews.

HF.19

No staff member shall enter a holding cell of a high-risk inmate unless assistance is available from another staff member, and/or unless the entry is monitored.

Evidence of Compliance: Written policy and procedure. Written post orders. Interviews. Observations.

HF.20

Practices governing the supervision of female inmates by female staff and male inmates by male staff shall be required in written post orders (SOPs).

Evidence of Compliance: Written policy and procedure. Written post orders. Interviews. Observations.

HF.21

Staff posts shall be located in or immediately adjacent to holding areas in order to permit staff to hear and respond promptly to problems in the holding areas.

Evidence of Compliance: Observations.

HF.22

All inmates shall be personally observed by a staff member at least every 15 minutes. Continuous observation with the ability to immediately intervene shall be provided in the cases of inmates who are out of control, suicidal, intoxicated or who have other special needs. The time and results of all such checks shall be logged.

Evidence of Compliance: Written policy and procedure. Written post orders. Facility logs. Interviews.

HF.23

The facility administrator shall ensure the death of an inmate is reported to the Office of the Chief Medical Examiner, State Police Criminal Investigation Division, Attorney General's Office, and the Department of Corrections Inspections Division in accordance with the protocols established by the Attorney General's Office. (Appendix G, Death Investigation Protocol, IV.C.)

Evidence of Compliance: Written policy and procedure. Written post orders. Inmate records.

Documented phone calls or written correspondence with the Office of the Chief Medical Examiner, State Police Criminal Investigation Division, Attorney General's Office, and the Department of Corrections.

ADMISSIONS

HF.24

Medical/Mental Health Screening shall be completed for each inmate upon admission. Medical/Mental Health Screening shall include at a minimum:

1. Whether or not the inmate is on medication;

2. Use of alcohol or other drugs, including type(s), amount and frequency used;

3. Behavior, including state of consciousness, mental status, tremor, and/or sweating;

4. Current illness and health problems, including communicable diseases;

5. History of attempted suicide, or current thoughts of suicide;

6. Possibility of pregnancy, if applicable; and

7. Other observable health issues (bruises, rash, needle marks, etc.).

Evidence of Compliance: Written policy and procedure. Written post orders. Inmate records. Interviews. Observations.

HF.25

An inmate shall be provided bedding and access to personal hygiene items when necessary if held in the facility overnight.

Evidence of Compliance: Written policy and procedure. Written post orders. Interviews. Observations.

HF.26

Inmate property, clothing, and bedding may be taken from an inmate to prevent self-harm when the inmate is intoxicated, out of control, or suicidal.

Evidence of Compliance: Written policy and procedure. Written post orders. Inmate records. Facility logs. Interviews.

HF.27

All money and valuables shall be taken from the inmate at the time of admission and securely stored. An itemized inventory shall be completed and signed by the inmate and the admitting staff member at the time items are taken and/or returned to the inmate.

Evidence of Compliance: Written policy and procedure. Written post orders. Inmate records.

SANITATION & LIVING CONDITIONS

HF.28

Female inmates shall be housed separate from male inmates.

Evidence of Compliance: Written policy and procedure. Written post orders. Schematic identifying areas referenced. Inmate records. Facility logs. Interviews. Observations.

HF.29

Juveniles may only be held in facilities approved by the Department of Corrections for the holding of juveniles, only pursuant to the Maine Juvenile Code, and in accordance with all applicable inmate standards.

Evidence of Compliance: Written policy and procedure. Written post orders. Written approval. Juvenile and inmate records. Facility logs. Interviews. Observations.

HF.30

Juveniles shall be housed separated by sight and sound from adult inmates.

Evidence of Compliance: Written policy and procedure. Written post orders. Schematic identifying areas referenced. Juvenile and inmate records. Facility logs. Interviews. Observations.

HF.31

Staff members shall not have a direct view of shower or toilet areas occupied by inmates of the opposite gender.

Evidence of Compliance: Written policy and procedure. Written post orders. Observations. Interviews.

HF.32

First aid kits shall be located in or near the holding area.

Evidence of Compliance: Observations.

HF.33

Emergency medical care shall be available to inmates. Written post orders shall describe arrangements for the same.

Evidence of Compliance: Written policy and procedure. Written post orders. Inmate records. Interviews.

HF.34

Inmates held during meal times shall be provided with a meal.

Evidence of Compliance: Written policy and procedure. Written post orders. Inmate records. Interviews.

HF.35

The holding area and each cell shall be kept clean, sanitary, and free of vermin.

Evidence of Compliance: Written policy and procedure. Written post orders. Cleaning schedule. Pest control contract or receipts. Observations.

HF.36

Under no circumstances shall inmates sleep on mattresses placed directly on the floor.

Evidence of Compliance: Written policy and procedure. Written post orders. Observations.

HF.37

Cleaning and janitorial supplies shall be kept secure when not in use.

Evidence of Compliance: Written policy and procedure. Written post orders. Observations.

HF.38

A daily routine of work necessary to keep the holding facility clean shall be maintained.

Evidence of Compliance: Written policy and procedure. Written post orders. Cleaning schedule.

Interviews. Observations.

HF.39

Painted surfaces shall be painted with fire resistant Class A paint and with a color which reflects light and can be easily cleaned. Painted surfaces shall not be scaled or deteriorated.

Evidence of Compliance: Specs for paint. Observations.

HF.40

All facility furnishings shall be constructed of flame retardant, easily cleanable materials which do not emit toxic fumes if burned.

Evidence of Compliance: Specs for furnishings. Observations.

HF.41

Toilets, wash basins, sinks, showers, and other sanitary equipment in inmate areas shall be kept clean.

Evidence of Compliance: Written policy and procedure. Written post orders. Cleaning schedule. Observations.

HF.42

Toilet paper shall be available in inmate toilet areas.

Evidence of Compliance: Observations.

HF.43

Inmate holding areas shall be no less than 65 degrees F and no more than 85 degrees F.

Evidence of Compliance: Written policy and procedure. Written post orders. Interviews. Observations.

HF.44

Sufficient supplies of hot and cold water shall be available.

Evidence of Compliance: Interviews. Observations.

HF.45

Arrangements shall be made for laundry services sufficient to allow clean linen and bedding for inmates.

Evidence of Compliance: Written policy and procedure. Written post orders. Interviews. Observations.

HF.46

Linen shall be changed and laundered before issued to another inmate.

Evidence of Compliance: Written policy and procedure. Written post orders. Interviews. Observations.

HF.47

Blankets shall be laundered before being reissued to another inmate.

Evidence of Compliance: Written policy and procedure. Written post orders. Interviews. Observations.

HF.48

Inmates shall be provided access to shower facilities to maintain personal hygiene.

Evidence of Compliance: Written policy and procedure. Written post orders. Interviews. Observations.

FACILITIES

HF.49

Holding facilities shall have documentation on file that verifies they comply with applicable plumbing, electrical, and zoning codes.

Evidence of Compliance: Code enforcement approval. Occupancy license.

HF.50

Each holding facility must comply with the Life Safety Code requirements adopted by the Department of Public Safety, State Fire Marshal's Office. Annual inspections by a local fire department or the State Fire Marshal's Office to verify compliance with the Life Safety Code shall be conducted. Reports resulting from these inspections shall be kept on file at the facility.

Evidence of Compliance: Documentation of NFPA compliance from the State Fire Marshal's Office or local fire authority.

HF.51

All cells in existing facilities (built prior to 2005) shall have at least 7 feet between floors and ceilings; cells in new or renovated facilities shall have at least 8 feet between floors and ceilings.

Evidence of Compliance: Observations.

HF.52

Light levels in cells shall be at least 15 foot-candles at the level of 2 feet above the bed and shall not exceed 5 foot-candles during sleeping hours.

Evidence of Compliance: Light meter measurements.

HF.53

All cells shall be designed and used for single occupancy and shall have a minimum of 50 square feet of floor space (built after 2017).

Evidence of Compliance: Schematic with measurements. Observations.

HF.54

Wherever location offers the opportunity for observation of an inmate by the public, provisions shall be made to prevent direct views.

Evidence of Compliance: Observations.

HF.55

All fixtures, furnishings, and equipment selected shall be designed for detention use.

Evidence of Compliance: Observations.

HF.56

Each cell built or renovated after December of 1992 shall have a toilet and wash basin with hot and cold running water. In those cells where toilets are not provided, there shall be no less than one toilet for every six inmates, and staff shall provide inmates ready access to toilets and wash basins at all hours.

Evidence of Compliance: Written policy and procedure. Written post orders. Observations.

HF.57

Operable shower facilities with hot and cold running water shall be available for inmate use.

Evidence of Compliance: Written policy and procedure. Written post orders. Interviews. Observations.

HF.58

Each cell shall have a bed or bunk.

Evidence of Compliance: Observations.

HF.59

All inmate cells shall have air circulation of at least 10 cubic feet of fresh or purified air per minute.

Evidence of Compliance: Air circulation measurements.

HF.60

For new construction and renovation, key planning and design documents shall be submitted to the Department for review and comment at the following stages:

1. At the completion of the schematic design phase;

2. At the completion of each set of preliminary plans; and

3. At the completion of the construction documents phase.

The Department shall review all documents to determine if compliance with standards is achieved and shall certify compliance in writing prior to continuation of the design and construction process.

Evidence of Compliance: Documented communications with Department on plans.

HF.61

Written policy, procedure and practice provide that the Department shall be informed in writing when construction is 75% completed so that an on-site inspection by the Department can be made to determine standards compliance. Final inspection of the completed facility shall be made, and the Department shall certify compliance before a new or renovated facility is occupied by inmates and placed in operation.

Evidence of Compliance: Documented communications and approval.

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