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
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
(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
(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,
(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
(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
(g) Govern the control and use of
(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
(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
(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
(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
(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.)