505 KAR 2:060. Security and control.

 

      RELATES TO: KRS 15A.210-15A.240

      STATUTORY AUTHORITY: KRS 15A.210

      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. (26 Ky.R. 1278; Am. 1546; eff. 2-14-2000.)