Current through Bulletin 2024-06, March 15, 2024
(1) When a
juvenile is detained or confined in an adult jail or lockup, the adult jail or
lockup shall:
(a) immediately notify the
parents, guardian, or custodian of the juvenile's detention or confinement
unless the parents, guardian, or custodian have already been notified;
and
(b) arrange for the transfer or
release of the juvenile as quickly as possible.
(2) An adult jail or lockup where a juvenile
is detained or confined shall meet all applicable state and local:
(a) zoning laws;
(b) safety, fire, and building codes;
and
(c) health codes.
(3) An adult jail or lockup shall
provide to a juvenile:
(a) access to a toilet
and a washbasin with hot and cold running water;
(b) shelter, heat, light, and ventilation
that does not otherwise compromise security or enable escape;
(c) access to a drinking fountain;
and
(d) basic furnishings, such as
chairs or benches.
(4)
The number of juveniles in an adult jail or lockup may not exceed the certified
capacity for juveniles.
(5) There
shall be no viewing devices in an adult jail or lockup, such as peepholes or
mirrors, of which the juvenile is not aware.
(6) As long as classification standards are
met, juveniles may be detained or confined together in an adult jail or lockup
if age, compatibility, dangerousness, and other relevant factors are
considered, except juveniles of different genders may not be detained or
confined together.
(7) No detainee
in an adult jail or lockup, whether juvenile or adult, shall be allowed to have
any authority or disciplinary control over, be permitted to supervise, or
provide services of any nature to a juvenile.
(8) When a juvenile is detained or confined
in an adult jail or lockup, the adult jail or lockup shall:
(a) remove any items from the juvenile that
could compromise the juvenile's safety, such as belts, shoelaces, and
suspenders, prior to placing a juvenile in an adult jail or lockup;
(b) provide constant on-site supervision of
the juvenile through visual monitoring and audio two-way
communication;
(c) ensure a
certified police officer or staff member who has received training about
juveniles is available to provide assistance within 60 seconds should a problem
or medical emergency arise with a juvenile;
(d) conduct frequent personal checks on the
juvenile at least once every fifteen (15) minutes to maintain communication and
prevent the juvenile from experiencing panic or feelings of isolation;
and
(e) make a written record of
significant incidents and activities of the juvenile.
(9) A staff member of the same gender shall
supervise a juvenile's personal hygiene activities or care such as showering,
using the toilet, and related activities in an adult jail or holding
cell.
(10) An adult staff member of
the same gender as the juvenile shall be present when a juvenile is securely
detained or confined.
(11)
(a) Except in an emergency, a staff member
entering a juvenile's sleeping room shall be of the same gender as the
juvenile.
(b) If two staff members
enter a juvenile's sleeping room, there may be one male and one female staff
member.
(c) When an emergency
prevents a staff member of the same gender from entering the juvenile's
sleeping room, at least two staff members shall be present and a written report
shall be completed which indicates why a staff member of same gender was
unavailable.
(12)
(a) Any physical contact or examination of a
juvenile conducted in an adult jail or lockup, such as a strip search, shall be
done:
(i) by a staff member of the same
gender;
(ii) in private;
and
(iii) without camera
monitoring.
(b) A strip
search of a juvenile may only be performed when the following conditions exist:
(i) the juvenile is believed to be under the
influence of alcohol or a controlled substance;
(ii) the juvenile is suspected of a
controlled substance or weapons offense; or
(iii) there is reasonable suspicion the
juvenile may be concealing contraband that could not be detected by a pat-down
search or handheld metal detector.
(c) Body cavity searches are
prohibited.
(13)
Juveniles may not be subject to corporal or unusual punishment, humiliation, or
mental abuse.
(14)
(a) Restraints or physical force shall not be
used to subdue a juvenile unless it is justifiable self-defense, required for
the protection of persons or property, or necessary to prevent
escape.
(b) Restraints or physical
force may only be used to control juveniles in accordance with the principle of
least restrictive action.
(c)
Physical force may not be used as punishment.
(d) A written report shall be prepared
following any use of force and submitted to the adult jail or lockup
administrator.
(15) An
adult jail or lockup shall safeguard a juvenile's health and safety by:
(a) making emergency medical services
available 24 hours a day;
(b)
immediately examining and treating, if appropriate, juveniles injured in an
adult jail or lockup;
(c) not
accepting juveniles who are unconscious, seriously injured, at risk for
suicide, emotionally disturbed, or under the influence of alcohol or controlled
substances and are unable to care for themselves, until they have been examined
by a qualified medical practitioner or have been taken to a medical facility
for appropriate diagnosis and treatment and released back to the adult jail or
lockup;
(d) providing training to
all staff members to recognize symptoms of mental illness;
(e) recording any medical services provided
to a juvenile; and
(f) providing
for detoxification of a juvenile in an adult jail or lockup only when there is
no community health facility available for detoxification.
(16) An adult jail or lockup shall comply
with any applicable informed consent requirements for medical care and shall
seek the informed consent of a parent, guardian, or legal custodian unless
otherwise ordered by a juvenile court judge or deemed a medical
emergency.
(17) If a juvenile is in
need of hospitalization, a staff member shall remain with the juvenile if
otherwise permitted by medical personnel or until an adult family member or
legal guardian arrives to remain with the juvenile.
(18) A juvenile in an adult jail or lockup
shall have the same legal and civil rights, including the right to the same
number of telephone calls, as an adult inmate held for the same amount of
time.
(19) A juvenile's visitors in
an adult jail or lockup should be limited to the juvenile's attorney, clergy,
and officers of the court unless the juvenile is to be transferred to a
juvenile facility in which case an effort shall be made to provide for
visitation by the juvenile's parents, guardian, or custodian prior to the
transfer.
(20) If a juvenile is
detained or confined during daylight hours, the juvenile should be allowed
access to reading materials, physical exercise, recreation, radio or television
if feasible.
(21) When a juvenile
arrives at an adult jail or lockup, a juvenile shall be informed of the steps
in the detention process.
(22) Upon
admission to an adult jail or lockup, a referral or intake form must be
completed for the juvenile, which includes:
(a) the date and time of the admission and
release;
(b) the name, nicknames,
and any aliases of the juvenile;
(c) the juvenile's last known
address;
(d) information regarding
the officer who admitted the juvenile, including the officer's name, title, and
law enforcement agency;
(e) the
allegations upon which the juvenile is being detained;
(f) the juvenile's gender;
(g) the juvenile's date and place of
birth;
(h) the juvenile's race or
nationality;
(i) any medical
problems of the juvenile;
(j) the
juvenile's parents, guardian, or a responsible adult to notify in case of
emergency, including addresses and telephone numbers;
(k) any additional remarks, such as any open
wounds or sores requiring treatment, evidence of disease or body vermin, or
tattoos; and
(l) the juvenile's
probation officer or caseworker, if assigned.
(23)
(a)
When a juvenile is released or transferred from an adult jail or lockup, the
adult jail or lockup shall create a release or transfer report, which documents
the following information:
(i) the juvenile's
physical and emotional condition upon release; and
(ii) whether the juvenile was released from
custody or was transferred to a different facility.
(b) If the juvenile was transferred to a
juvenile facility, the release or transfer report shall document:
(i) the name of the facility to which the
juvenile was transferred; and
(ii)
the name and agency of the individual who transferred the juvenile.
(c) If the juvenile was released
from custody the release or transfer report shall document:
(i) the name and relationship of the adult
assuming the responsibility of the juvenile;
(ii) the form of identification used by the
adult assuming responsibility of the juvenile; and
(iii) the signature of the adult assuming
responsibility for the juvenile, indicating the adult is:
(A) aware of the juvenile's physical and
emotional condition;
(B)
understands the reason for detaining or confining the juvenile in custody;
and
(C) agrees to take the juvenile
to court at a time to be set by the court.
(24) Upon release or transfer of a
juvenile from an adult jail or lockup, the adult jail or lockup shall verify:
(a) identity;
(b) the release papers; and
(c) property belonging to the adult jail or
lockup or other residents does not leave the jail or holding cell with the
juvenile.
(25) A case
record shall be securely maintained on each juvenile, which contains:
(a) the initial intake information
form;
(b) documentation of why the
juvenile was detained or confined in the adult jail or lockup and released or
transferred;
(c) a copy of any
incident reports;
(d) a record of
any of the juvenile's cash or valuables held by the jail or holding
cell;
(e) documentation of all
visitors' names and the dates of the visit;
(f) documentation of any medical/health care
issues or conditions exhibited during the detention;
(g) record of any medical treatment or
medications administered while the juvenile was detained or confined;
(h) consent for necessary medical or surgical
care, signed by parent, person acting in loco parentis, juvenile court judge,
or facility official; and
(i) the
final release or transfer report.
