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-IIc - SHORT TERM DETENTION AREAS (UP TO 6 HOUR DETENTION)


Current through 2024-38, September 18, 2024

SDA.1

Post orders or standard operating procedures (SOPs) shall be developed and maintained for each detention area describing the operational practices of the area. At a minimum, written post orders shall include the following:

1. Maintenance of detention area log;

2. Completion and submission of monthly population report form;

3. Evacuation procedures;

4. Searches;

5. Supervision/Observation of detainees;

6. Booking and release procedures;

7. Separation of adults from juveniles, and male from female;

8. Detainee property control;

9. Location of first aid kits; and

10. Emergency medical care.

Evidence of Compliance: Written post orders or SOPs.

SDA.2

Post orders or SOPs shall be accessible to staff in the detention area.

Evidence of Compliance: Interviews. Observations.

SDA.3

All staff members involved with detention shall receive training in the execution of written post orders or SOPs and emergency plans, which shall be documented in personnel or training files.

Evidence of Compliance: Training records. Interviews.

SDA.4

Detention area logs shall be maintained by each shift and shall contain the following:

1. Staff on duty who are responsible for the detention area;

2. Time and results of detainee supervision and counts;

3. The date, time, and names of all detainees booked and released or transferred, and the reason for the same;

4. Shift activities, including any action taken on handling routine or unusual incidents or occurrences; and

5. Notation of problems, disturbances, and distribution and use of emergency and security equipment.

Evidence of Compliance: Detention area logs.

SDA.5

The Holding Facility/SDA Monthly Population Report (Appendix I) shall be completed and submitted to the Department of Corrections at the end of each month.

Evidence of Compliance: Receipt of reports.

SDA.6

Each detention area shall 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.

SDA.7

Evacuation plans shall be developed and posted in the detention area to show means of egress from the facility.

Evidence of Compliance: Observations.

SDA.8

There shall be a security perimeter that prevents access to or egress from the detention area by unauthorized persons.

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

SDA.9

There shall be an audio and/or video monitoring/communication system between a 24 hour manned staff post and the detention area.

Evidence of Compliance: Observations.

SDA.10

All staff members shall be familiar with the locking system of the detention area and shall be able to release detainees immediately in the event of a fire or other emergency. A duplicate set of keys shall be readily available for emergency situations.

Evidence of Compliance: Training records. Observations. Interviews.

SDA.11

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

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

SDA.12

Detention area staff posts shall be located in or immediately adjacent to detention areas to permit staff to hear and respond promptly to problems in the areas.

Evidence of Compliance: Observations.

SDA.13

All detainees shall be physically observed by a staff member at least every 15 minutes; the time of all such checks shall be documented in the detention area log. Observation with the ability to immediately intervene shall be provided for detainees who are out of control, suicidal, intoxicated, or who have other special needs.

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

SDA.14

Female detainees shall be housed separated by sight and sound from male detainees.

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

SDA.15

Juveniles shall be separated by sight and sound from all adult detainees.

Evidence of Compliance: Written policy and procedure. Written post orders. Juvenile and detainee records. Detention area logs. Interviews. Observations.

SDA.16

Juveniles shall only be held in a detention area in compliance with the Maine Juvenile Code, and in accordance with all applicable detainee standards. A staff post must be located in such a way as to provide constant observation with the ability to immediately intervene.

Evidence of Compliance: Written policy and procedure. Written post orders. Juvenile and detainee records. Detention area logs. Interviews. Observations.

SDA.17

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

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

SDA.18

First aid kits shall be located in or near the detention area, and easily accessible.

Evidence of Compliance: Observations.

SDA.19

Emergency medical care shall be available at all times.

Evidence of Compliance: Written policy and procedure. Written post orders. Detention area logs.

Interviews.

SDA.20

Cells shall be cleaned after each use. Additionally there shall be a sanitation inspection and visual search for contraband after each use.

Evidence of Compliance: Written policy and procedure. Written post orders. Detention area logs.

Interviews.

SDA.21

Toilets, wash basins with hot and cold water, and other sanitary equipment shall be kept clean and in working order.

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

SDA.22

Detention area temperatures 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.

SDA.23

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.

SDA.24

There shall be no less than one toilet for every six detainees, and staff shall provide detainees ready access to toilets and wash basins at all hours.

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

SDA.25

Each cell or open detention area shall have a bed and/or a chair/bench.

Evidence of Compliance: Observations.

SDA.26

All new construction and renovations made to detention areas shall comply with applicable ADA requirements and building codes.

Evidence of Compliance: Code enforcement approval. Occupancy license.

SDA.27

For new construction and renovation of detention areas, 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.

SDA.28

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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