Oklahoma Administrative Code, Part 11, Section 377:3-13-144 - Security and control | Oklahoma Administrative Code

(a) Juvenile count.

(1) At least one daily uninterrupted juvenile population count shall be conducted on each shift;

(2) The results of the population count shall be transmitted to central control were it is documented and available at all times; and

(3) No movement of juveniles shall be permitted during the population count.

(b) Mail security. The secure facility shall have a mail security policy that shall include the following:

(1) A child shall have constant access to writing materials and may send mail without limitation, censorship or prior reading, and may receive mail without prior reading, except that mail may be opened in the presence of the child, without being read, to inspect for contraband, as defined by 57 O.S., § 21 or as otherwise defined by rules promulgated by the Board of Juvenile Affairs, or to inspect for material harmful to minors, as defined by 21 O.S., § 1040.75. Provided that, when based on legitimate facility interests of order and security as determined by the facility administrator, mail addressed to a child or sent by a child may be read, censored, or rejected, except that mail addressed to a child from the attorney of the child or sent by the child to the attorney of said child shall not be opened, censored, or withheld in any way. The child shall be notified when incoming or outgoing mail is withheld in part or in full.

(A) Legitimate facility interests may include but are not limited to:

(i) for security reasons where a clearly documented reason exists, e.g., the correspondent has aided the juvenile in planning an escape or has used the mail to send the juvenile contraband items;

(ii) where it is clearly documented that the correspondence is from a person whose continued relationship poses a threat to the juvenile's treatment or rehabilitation; or

(iii) when the correspondence is from correctional facility inmates whose continued relationship poses a threat to the juvenile's treatment or rehabilitation.

(B) In any of the above cases, staff shall return the unopened mail to its point of origin, unless it is clearly documented that the correspondence is from a relative.

(c) Control of contraband and Facility Prohibited Item (FPI).

(1) Contraband is defined as any item introduced or found in the secure facility, the mere presence or possession of which shall constitute a violation of criminal law. Contraband discovery procedures require:

(A) confiscation by staff with the completion of a report prior to the end of the shift;

(B) a log entry by staff containing the contraband description and names of involved person(s);

(C) placement of the contraband into secure storage;

(D) a notification to the facility administration for the initiation of a criminal investigation; and

(E) the establishment of a timeline and procedures for storing and disposing of contraband;

(2) A Facility Prohibited Item (FPI) is defined as an item in an individual's possession or control, which is a violation of facility, or unit rules, but does not constitute a violation of criminal law. FPI discovery procedures require:

(A) The confiscation of the FPI by staff with the completion of a report prior to the end of the shift;

(B) a log entry by staff containing the FPI description and the names of involved person(s);

(C) non-perishable FPI confiscated from a juvenile shall be entered on the juvenile's personal property inventory and, if appropriate, returned upon the juvenile's release;

(D) all other non-perishable FPI confiscated from staff, visitors or others shall be inventoried and properly disposed of when no longer administratively necessary;

(E) all perishable FPI shall be photographed, if necessary, and immediately disposed of in an appropriate manner; and

(F) the opportunity for juveniles to challenge the confiscation of FPI through the established grievance procedure.

(d) Searches.

(1) General area search is defined as a random search of all areas of the secure facility for the security and safety of the juveniles and staff.

(A) The facility administrator shall authorize the procedures through the distribution of a post order.

(B) The search shall be accomplished under the direction of a security shift supervisor by teams of two or more staff trained in conducting searches.

(C) The use of a canine may be authorized, if appropriate and available.

(D) Dates and times for the searches shall be at the discretion of the secure facility's administrator.

(E) The objective of the searches shall be to discover and confiscate contraband and/or FPI.

(F) The completion of staff reports shall be required before the end of shift.

(2) Specific area search is defined as a search limited to a certain time and area involving juveniles' personal property in one or more juvenile living quarters.

(A) The search shall be based on reasonable suspicion that a juvenile(s) is in possession of contraband and/or FPI or without reasonable suspicion upon the routine transfer of a juvenile from one living area to another.

(B) A facility administrator shall authorize a search based upon reasonable suspicion while a shift supervisor or above shall authorize a search based on a routine transfer.

(C) The search shall be accomplished under the direction of a security shift supervisor by teams of two or more staff trained in conducting searches.

(D) The use of a canine may be authorized, if appropriate and available.

(E) The date and time for the search shall be specific to the event establishing reasonable suspicion or to the date, time and location of the routine juvenile transfer.

(F) The search objective shall be to discover and confiscate contraband and/or FPI and/or recover missing property and/or injurious item(s).

(G) The completion of staff reports shall be required prior to the end of shift.

(3) Juvenile body search is defined as observing and touching the body to discover contraband and/or FPI and is described from the least intrusive to the most intrusive types of search:

(A) Pat search is considered to be a routine search and the least intrusive type of search.

(i) It shall be routinely conducted based on suspicion of contraband and/or FPI on the juvenile's person.

(ii) It shall be routinely conducted:

(I) Upon the completion of work assignments (i.e. kitchen, maintenance, etc.); or

(II) At the conclusion of visitation;

(III) After returning from recreation or from school; or

(IV) Following a restraint.

(iii) The search shall be conducted by a minimum of two staff members trained in searches, one of whom shall be the same gender as the juvenile, except in an emergency situation.

(iv) Procedures for conducting the search include:

(I) The use of hands to pat the outside clothing covering the body;

(II) The back of the hands shall be used to pat the genitals, buttocks (males and females) and breasts (female); and

(III) The search may include the removal of coat, hat, gloves, shoes and socks.

(v) A written report shall be required by the end of the shift only when an illegal and/or prohibited item(s) is found.

(B) Disrobement search is considered intrusive and involves the complete removal of all clothing items from the body.

(i) This search requires reasonable suspicion that a juvenile(s) is in possession of contraband and/or injurious item(s) and shall be conducted pursuant to verbal or written authorization from the facility administrator or designee.

(ii) The search shall be routinely conducted:

(I) During admission to the secure facility; or

(II) During discharge from the secure facility; or

(III) Upon return from a pass; or

(IV) Upon return from any appointment, court appearance, event or activity outside the perimeter fence of the secure facility.

(iii) The search shall be accomplished under the direction of a security shift supervisor by a minimum of two staff members trained in searches, both of whom are the same gender as the juvenile.

(iv) The search shall be conducted in a professional manner in an area that prevents observation by other staff and/or other juveniles and not covered by surveillance cameras.

(v) A written report is required by the end of the shift whether or not an illegal and/or prohibited item(s) is found.

(C) Cavity search is defined as a non-routine and intrusive search that involves medical personnel in searching the internal areas of body orifices.

(i) The search requires prior written authorization by the facility's administrator or designee based on written facts that would lead a reasonable person to believe a juvenile is carrying contraband and/or injurious item(s) in a body cavity.

(ii) The search shall only be conducted by a physician at the secure facility or by medical personnel at a local hospital.

(iii) A written report shall be required by the end of the shift documenting the search, including the names of the medical personnel involved, whether or not an illegal and/or prohibited item(s) is found.

(4) Each facility shall maintain a stationary and mobile magnetometer in good working order. All juveniles, staff, and visitors shall be required to pass through the facility's magnetometer (metal detector), and hand-wand if necessary, prior to entry into the facility.

(e) Staff ratios.

(1) The ratio of staff to juveniles on a unit shall not be less than 1 to 10 during waking hours and 1 to 12 during sleeping hours. For units composed entirely of secure individual sleeping rooms the ratio shall not be less than 1 to 10 during waking hours and 1 to 14 during sleeping hours.

(2) At least one staff member of the same gender as the juveniles shall be on duty within the facility on each shift.

(3) Juveniles shall be supervised at all times. Each secure facility shall maintain a plan that details the frequency of visual checks of juveniles made by the staff.

(f) Surveillance plan.

(1) The secure facility shall have a plan for surveillance of all areas of the facility's perimeter. Outside lighting must be sufficient to provide visibility under all conditions with no blind spots.

(2) The facility shall maintain a camera system that is in working condition and monitored by staff in real time with recording capabilities to maintain a minimum of ninety (90) days of video.

(g) Door security.

(1) All perimeter security doors to the living units shall be locked and doors to vacant or unoccupied living units and storage rooms shall remain locked when not in use.

(2) The facility shall maintain a backup release system that allows for the immediate release of juveniles from locked areas in the event of an emergency.

(h) Key control.

(1) The facility's key control system shall include:

(A) The maintenance of a log of all keys with lock locations and names of employees possessing keys;

(B) Key storage that permits easy determination of the presence or absence of keys;

(C) The maintenance of at least one duplicate key for each lock in the facility;

(D) A central area from which keys are issued; and

(E) The labeling of all keys to include color-coding and touch identification of emergency keys.

(F) No keys shall be taken off the premises except as authorized by the facility administrator.

(i) Physical force.

(1) Use of force is authorized, as provided in 10A O.S., § 2-7-604 and 377:10-1-4.

(2) Use of physical force requires a medical evaluation and photo(s) of the juvenile(s) immediately following the incident.

(3) A written report is required prior to the end of shift following all uses of physical force.

(j) Mechanical restraints. The standards regarding mechanical restraints are found in 10A O.S., § 2-7-604 and 377:10-1-4.

(k) Oleoresin Capsicum. The use of Oleoresin Capsicum (OC) spray shall conform to 377:10-1-4.1.

(l) SolitaryConfinement .

(1) The use of confinement as a method of intervention with juveniles shall be limited to the following:

(A) Solitary confinement is the involuntary removal of a juvenile from contact with other persons by confinement in a locked room, including the juvenile's own room, except during normal sleeping hours. Solitary confinement is a serious and extreme measure to be imposed only in emergency situations. It may be imposed only upon a juvenile in a secure facility who is out of control and is a serious and immediate physical danger to him or herself or others, and only after less restrictive methods of control have failed.

(B) Solitary confinement shall not be used for punishment at any secure facility. No juvenile shall remain continuously in solitary confinement in excess of three (3) hours. As soon as the juvenile is sufficiently under control so as to no longer pose a serious and immediate danger to him or herself or others, the juvenile shall be released from solitary confinement. The use of such confinement is not limited to three (3) continuous hours within any twenty-four (24) hour period when the juvenile is out of control and poses a continuing serious and immediate physical danger to him or herself or others, provided that any juvenile who meets this required standard for such confinement for a period in excess of three (3) continuous hours must be examined by a licensed mental health professional at the conclusion of the 3-hour period.

(C) All rooms used for solitary confinement shall have at least eighty (80) square feet of floor space, and shall have toilets, potable water, and adequate lighting, heating/cooling, and ventilation for the comfort of the juvenile. Juveniles in solitary confinement shall have access to appropriate medical and psychological services.

(2) A facility shall establish procedures for solitary confinement that include:

(A) a log of events to include date, time, location and rationale;

(B) staff visual observation of juvenile behavior as documented every fifteen minute period the juvenile is in solitary confinement ; and

(C) reauthorization by the facility administrator after every twenty-four (24) hour period of time the juvenile has been in solitary confinement .

(3) Juveniles are afforded living conditions and privileges based on their behavior.

(4) The establishment of a cool down period and time out period as appropriate types of interventions for inappropriate juvenile behaviors.

(m) Firearms and tools.

(1) Firearms shall not be permitted in the secure facility except for law enforcement officers during emergency situations.

(2) All tools and kitchen utensils shall be classified, controlled and stored based on their level of risk for death or serious injury.

(n) Escape. The facility shall develop procedures for apprehension of juveniles who escape from the facility to include notification of law enforcement agencies and OJA criminal investigators.

Oklahoma Administrative CodeTitle 377 - Office of Juvenile AffairsChapter 3 - Administrative ServicesSubchapter 13 - Office of Public IntegrityPart 11 - REQUIREMENTS FOR SECURE JUVENILE DETENTION CENTERSSection 377:3-13-144 - Security and control

Oklahoma Administrative Code
Title 377 - Office of Juvenile Affairs
Chapter 3 - Administrative Services
Subchapter 13 - Office of Public Integrity
Part 11 - REQUIREMENTS FOR SECURE JUVENILE DETENTION CENTERS
Section 377:3-13-144 - Security and control