THE FOLLOWING IS THE PENDING TEXT OF DOCKET NO. 05-0102-1501
(Only Those Sections With Amendments Are Shown.)
212. STAFF REQUIREMENTS AND STAFF DEVELOPMENT.
01. Twenty-Four Hour Supervision. The detention center shall be staffed by detention center employees on a twenty-four (24) hour basis when juvenile offenders are being housed. (3-30-07)
02. Staffing. The detention center shall have staff to perform all functions relating to security, supervision, services and programs as needed to operate the detention center. The detention center shall have policy and procedures in place governing staffing and shall submit a staffing plan to the department prior to licensing and renewal. The following staffing plan is a recommendation only, and is not mandatory. It is recommended that each secure juvenile facility shall maintain staff ratios of a minimum of one to eight (1:8) plus one (1) during resident waking hours and one to sixteen (1:16) during resident sleeping hours, except during limited and discrete exigent circumstances, which shall be fully documented. (3-20-14)
a. If the detention center houses eight (8) or fewer juvenile offenders, there should be at least one (1) direct care staff and one (1) other staff awake at all times. (3-30-07)
b. If the detention center houses more than eight (8) juvenile offenders, there should be one (1) direct care staff for each eight (8) juvenile offenders plus one (1) additional staff awake at all times. Example: if the detention center houses thirty-two (32) juvenile offenders, four (4) direct care staff would be recommended (one (1) staff to eight (8) juvenile offenders), plus one (1) additional staff for a total of five (5) staff. (3-29-12)
03. Gender of Employees. At least one (1) of the detention center employees on duty should be female when females are housed in the detention center and at least one (1) should be male when males are housed in the detention center. An employee of the same gender as the juvenile offender being detained shall be on duty at the time of intake. (3-30-07)
04. Minimum Qualifications. (3-30-07)
a. Direct care staff, at the time of employment, shall meet the minimum criminal history background and certification requirements as provided in IDAPA 11.11.02, "Rules of the Idaho Peace Officer Standards and Training Council for Juvenile Detention Officers." (3-30-07)
b. Direct care volunteers, before starting volunteer services, shall meet the minimum criminal history background requirements as provided in IDAPA 11.11.02, "Rules of the Idaho Peace Officer Standards and Training Council for Juvenile Detention Officers." (3-30-07)
c. The agency shall conduct criminal background records checks at least every five (5) years of current employees, contractors, and volunteers who may have contact with residents as outlined in PREA Standard Section 115.317. (3-20-14)
05. Training and Staff Development Plan. Each juvenile detention center shall develop a staff training and development plan based on the policy and procedures of the detention center. The plan shall also ensure that all juvenile detention officers earn the juvenile detention officer certificate as mandated in IDAPA 11.11.02, "Rules of the Idaho Peace Officer Standards and Training Council for Juvenile Detention Officers." (3-30-07)
a. All new direct care staff shall be provided orientation training. The orientation and training plan shall address areas including, but not limited to: (3-29-12)
i. First aid/CPR; (3-30-07)
ii. Security procedures; (3-30-07)
iii. Supervision of juvenile offenders; (3-30-07)
iv. Suicide prevention; (3-20-14)
v. Fire and emergency procedures; (3-30-07)
vi. Safety procedures; (3-30-07)
vii. Appropriate use of physical intervention, and demonstrate an adequate level of proficiency as determined by a P.O.S.T. certified appropriate use of force instructor using a P.O.S.T. approved grading matrix; (3-30-07)( )
viii. Report writing; (3-30-07)
ix. Juvenile offender rules of conduct; (3-30-07)
x. Rights and responsibilities of juvenile offenders; (3-30-07)
xi. Fire and emergency procedures; (3-30-07)
xii. Safety procedures; (3-30-07)
xiii. Key control; (3-30-07)
xiv. Interpersonal relations; (3-30-07)
xv. Social/cultural life styles of the juvenile population; (3-30-07)
xvi. Communication skills; (3-29-12)
xvii. Mandatory reporting laws and procedures; (3-20-14)
xviii. Professional boundaries; and (3-20-14)
xix. All training as outlined in section 115.331 of the PREA Standards. (3-20-14)
b. All direct care staff who are considered part-time, on-call, or working fewer than forty (40) hours per week and any direct care staff who works in a facility classified as Rural Exception, must obtain a part-time juvenile detention officer certification as mandated by IDAPA 11.11.02, "Rules of the Idaho Peace Officer Standards and Training Council for Juvenile Detention Officers." ( )
bc. Ongoing training shall be provided at the minimum rate of twenty-eight (28) hours for each subsequent year of employment, which shall include, but not be limited to: (3-20-14)
i. A total of eight (8) hours of appropriate use of force, and demonstrate an adequate level of proficiency as determined by a P.O.S.T. certified appropriate use of force instructor using a P.O.S.T. approved grading matrix; and (3-20-14)( )
ii. All ongoing training as outlined in section 115.331 of the PREA Standards; and ( )
iii. All other trainings that require recertification. (3-20-14)
cd. Volunteers and contractors shall be trained commensurate to their level of contact with juvenile offenders. (3-29-12)
de. Each facility shall maintain accurate training documentation. (3-20-14)
(BREAK IN CONTINUITY OF SECTIONS)
216. DOCUMENTATION.
01. Shift Log. The detention center shall maintain documentation including time notations on each shift which includes the following information, at a minimum: (3-30-07)
a. Direct care staff on duty; (3-30-07)
b. Time and results of security or well-being checks and head counts; (4-5-00)
c. Names of juvenile offenders received or discharged with times recorded; (3-30-07)
d. Names of juvenile offenders temporarily released or returned for such purposes as court appearances, work/education releases, furloughs, or other authorized absences from the detention center with times recorded; (3-30-07)
e. Time of meals served; (4-5-00)
f. Times and shift activities, including any action taken on the handling of any routine incidents; (3-29-12)
g. Notation and times of entry and exit of all visitors, including physicians, attorneys, volunteers, and others; (4-5-00)
h. Notations and times of unusual incidents, problems, disturbances, escapes; (3-29-12)
i. Notations and times of any use of emergency or restraint equipment; and (4-5-00)
j. Notation and times of perimeter security checks. (4-5-00)
02. Housing Assignment Roster. The detention center shall maintain a master file or roster board indicating the current housing assignment and status of all juvenile offenders detained. (3-30-07)
03. Visitor's Register. The detention center shall maintain a visitor's register in which the following will be recorded: (3-30-07)
a. Name of each visitor; (4-5-00)
b. Time and date of visit; (4-5-00)
c. Juvenile offender to be visited; and (3-30-07)
d. Relationship of visitor to juvenile offender and other pertinent information. (3-30-07)
04. Juvenile Detention Records. The detention center shall classify, retain and maintain an accurate and current record for each juvenile offender detained in accordance with the provisions of Title 31, Chapter 8, Section 31-871, Idaho Code. The record shall contain, at a minimum, the following: (3-30-07)
a. Booking and intake records; (4-5-00)
b. Record of court appearances; (4-5-00)
c. Documentation of authority to hold; (4-5-00)
d. Probation officer or caseworker, if assigned; (4-5-00)
e. Itemized inventory forms for all clothing, property, money, and valuables taken from the juvenile offender; (3-30-07)
f. Record of deposits/withdrawals from the juvenile offender's account; (3-30-07)
gf. Classification records and information about a resident's personal history and behavior to reduce the risk of sexual abuse by or upon a resident; (3-20-14)
hg. Documentation of education as outlined in PREA Standard Section 115.333; (3-20-14)
ih. Rule infraction reports; (4-5-00)
ji. Records of disciplinary actions; (4-5-00)
kj. Grievances filed and their dispositions; (4-5-00)
lk. Release records; (4-5-00)
ml. Personal information and emergency contact information; (4-5-00)
nm. Documentation of a completed intake medical screening; (3-29-12)
on. Visitor records; (4-5-00)
po. Incident reports; (4-5-00)
qp. Photographs. (4-5-00)
(BREAK IN CONTINUITY OF SECTIONS)
223. SAFETY AND EMERGENCY PROCEDURES.
01. Written Policy and Procedures. The detention center shall have written policy and procedures that address fire safety, fire emergency evacuation plans, other safety-related practices, and the detention center's plans for responding to emergency situations. (3-30-07)( )
02. Compliance with Fire Code. The detention center shall comply with local and state fire codes. A request for an annual inspection shall be made to the local fire marshal or authorized agency. The detention center shall maintain documentation of this inspection. (3-30-07)
224. DETENTION CENTER SECURITY.
01. Security and Control Policy. The detention center's policy and procedures manual shall contain all procedures for detention center security and control, with detailed instructions for implementing these procedures, and are reviewed at least annually and updated as needed. The manual shall be made available to all staff. (3-30-07)
02. Personal Observation. The detention center shall have written policy and procedures that detention center policy and procedures shall govern the observation of all juvenile offenders and shall, at a minimum, require direct care staff to personally observe all juvenile offenders every thirty (30) minutes on an irregular schedule and the time of such checks shall be logged. More frequent checks should be made of juvenile offenders who are violent, suicidal, mentally ill, or who have other special problems or needs warranting closer observation. (3-30-07)( )
03. Cross Gender Supervision. The detention center shall have written policy and procedures governing supervision of female juvenile offenders by male employees and male juvenile offenders by female employees which shall be based on privacy needs and legal standards. Except in emergencies, detention center employees shall not observe juvenile offenders of the opposite sex in shower areas. Reasonable accommodation of privacy needs shall be observed. (4-2-08)
04. Head Counts. The detention center shall have written policy and procedures which shall outline a system to physically count or account for all juvenile offenders, including juvenile offenders on work release, educational release, or other temporary leave status who may be absent from the detention center for certain periods of the day. At least three (3) documented counts shall be conducted every twenty-four (24) hours. At least one (1) count shall be conducted each shift and there shall be at least four (4) hours between each count. (3-30-07)
05. Camera Surveillance. Camera surveillance equipment shall not be used in place of the personal observation of juvenile offenders. (3-29-12)
(BREAK IN CONTINUITY OF SECTIONS)
226. PERIMETER SECURITY CHECKS AND SECURITY INSPECTIONS.
01. Perimeter Security Checks. The detention center shall have written policy and procedures which govern the frequency and performing of perimeter security checks. (3-30-07)
02. Security Inspections. The detention center administrator or his designee shall conduct monthly inspections of all locks, windows, floors, walls, ventilator covers, access plates, glass panels, protection screens, doors, and other security equipment. The date, time, and results of these inspections shall be recorded on a checklist or log. The detention center administrator shall promptly correct any identified problems shall have written policy and procedures that require timely notification to the detention center administrator or designee of any structural or security deficiencies. The detention center administrator shall promptly correct any identified problems. The facility shall maintain documentation of any corrective action. (3-30-07)( )
(BREAK IN CONTINUITY OF SECTIONS)
228. SECURITY DEVICES.
01. Key Control. The detention center shall have policy and procedures in place to govern key and tool control. (3-30-07)
02. Security Devices. The detention center shall have written policy and procedures that govern the use of security devices. Detention center employees shall use only security equipment on which they have been properly trained and is issued through, or authorized by, the detention center administrator. Certification The facility shall maintain documentation of proper training shall be kept in detention records. (3-30-07)( )
03. Weapons Locker. The detention center shall provide a weapons locker or similar arrangement at security perimeter entrances for the temporary storage of weapons belonging to law enforcement officers who must enter the detention center. (3-30-07)
(BREAK IN CONTINUITY OF SECTIONS)
234. MEALS.
01. Providing Meals. The detention center shall have written policy and procedures which govern the providing of meals. Three (3) meals, at least two (2) of which includes a hot entree, shall be served daily. (3-29-12)
a. Meals must be served at approximately the same time every day. No more than fourteen (14) hours shall elapse between the evening meal and breakfast the next day unless an evening snack is served. If snacks are provided, up to sixteen (16) hours may elapse between the evening meal and breakfast. (4-5-00)
b. Juvenile offenders out of the detention center attending court hearings or other approved functions when meals are served shall have a meal provided upon their return if they have not already eaten. (3-30-07)
c. If meals are provided to staff, the menu should be the same as provided to juvenile offenders. (3-30-07)
d. The health authority or a medical employee shall be notified when a juvenile offender does not eat three (3) consecutive meals. (3-30-07)
02. Use of Food Withholding of Meals as Disciplinary Sanction Prohibited. The detention center shall have written policy and procedures which dictate that food meals shall not be withheld from juvenile offenders, nor the menu varied as a disciplinary sanction. (3-30-07)( )
03. Control of Utensils. The detention center shall have a control system for the issuance and return of all food preparation and eating utensils. (3-30-07)
(BREAK IN CONTINUITY OF SECTIONS)
245. PERSONAL HYGIENE.
01. Personal Hygiene Items. The detention center shall have written policy and procedures which shall govern the provision of, without charge, the following articles necessary for maintaining proper personal hygiene: (3-30-07)
a. Soap; (4-5-00)
b. Toothbrush; (4-5-00)
c. Toothpaste; (4-5-00)
d. Comb or brush; (3-30-07)
e. Shaving equipment upon request; (3-30-07)
f. Products for female hygiene needs; and (3-30-07)
g. Toilet paper. (3-30-07)
02. Removal of Personal Hygiene Items. The detention center shall have written policy and procedures that govern the removal of personal hygiene items from juvenile offenders' sleeping areas. Removal must be based upon sufficient reason to believe that the juvenile offender's access to the items poses a risk to the safety of juvenile offenders, staff or others, or poses a security risk to the detention center. (3-30-07)
03. Clothing and Linens. The detention center shall provide for the issue of clean clothing, bedding, linens, and towels to new juvenile offenders held overnight. At a minimum, the following shall be provided: (3-30-07)
a. A set of standard detention center clothing or uniform; (3-30-07)
b. A set of standard detention center bedding and linens; ( )
bc. Fire-retardant mattress; (4-5-00)
c. Pillow and pillow case; (4-5-00)
d. Two (2) sheets or one (1) sheet and one (1) mattress cover; (4-5-00)
ed. Sufficient blankets to provide comfort under existing temperature conditions; and (4-5-00)
fe. One (1) clean towel. (4-5-00)
04. Laundry Services. Laundry services shall be sufficient to allow required clothing, bedding, and towel exchanges for juvenile offenders. (3-30-07)
a. Clothing and towels used by the juvenile offender while in the detention center shall be laundered or exchanged at least twice each week. (3-30-07)
b. Linen shall be changed and laundered or exchanged at least once weekly or more often, as necessary. (4-5-00)
c. Blankets in use shall be laundered or exchanged at least monthly, or before re-issue to another juvenile offender. (3-30-07)
05. Clothing and Linen Supplies. The detention center inventory of clothing, bedding, linen, and towels shall exceed the maximum population to ensure that a reserve is always available. (3-30-07)
246. -- 249. (RESERVED)
250. HEALTH SERVICES.
01. Written Policy and Procedures. The detention center shall have written policy and procedures to govern the delivery of reasonable medical, dental, and mental health services. These written policy and procedures must at a minimum address, but are not limited to the following: (3-30-07)
a. Intake medical screening must be documented and performed on all juvenile offenders upon admission to the detention center. (3-29-12)
i. The medical screening should include inquiry of current illness and health problems, dental problems, sexually transmitted and other infectious diseases, medication taken and special health requirements, if any, the use of alcohol or drugs, mental illness and/or suicidal behavior. (3-29-12)
ii. The screening should also include observations of unusual behavior, including state of consciousness, mental status, appearance, conduct, tremor, sweating, body deformities, physical injuries, trauma markings, bruises, rashes, evidence of body vermin, and ease of movement; (3-29-12)
b. Handling of juvenile offenders' requests for medical treatment; (3-30-07)
c. Non-emergency medical services; (4-5-00)
d. Emergency medical and dental services; (4-5-00)
e. Emergency evacuation plan of juvenile offenders from the detention center; (3-30-07)
fe. Use of an a vehicle for emergency vehicle transport; (4-5-00)( )
g. Use of one (1) or more hospital emergency rooms or other appropriate health care facility; (4-5-00)
hf. Emergency on-call physician and dental services when the emergency health care facility is not located nearby; (4-5-00)
ig. First-aid and CPR instructions and training, including the availability of first-aid supplies; (4-5-00)
jh. Screening, referral, and care of juvenile offenders who may be suicide-prone, or experience physical, mental or emotional disabilities; (3-30-07)
ki. Arrangements for providing close medical supervision of juvenile offenders with special medical or psychiatric problems; (3-30-07)
lj. Delousing; (3-29-12)
mk. Infectious disease control and medical isolation; (4-5-00)
nl. Temporary, immediate isolation, and proper examination by the medical employee of juvenile offenders suspected of having contagious or infectious diseases; (3-30-07)
om. Management of pharmaceuticals, including storage in a secure location; and (3-30-07)
pn. Notification of next of kin or appropriate authorities in case of serious illness, injury or death. (3-30-07)
02. Medical Judgments. Except for regulations necessary to ensure the safety and order of the detention center, all matters of medical, mental health, and dental judgment shall be the sole province of the health authority, who shall have final responsibility for decisions related to medical judgments. (3-30-07)
03. Informed Consent. Permission to perform medical, surgical, dental or other remedial treatment shall be obtained from parents, spouse, guardian, court or other competent person as stated in Title 16, Chapter 16, Section 16-1627, Idaho Code. (3-30-07)
04. Health Appraisal. A health appraisal for each juvenile offender shall be provided by the health authority or medical employee within fourteen (14) days of admission. (3-30-07)
251. -- 254. (RESERVED)
255. RULES AND DISCIPLINE.
01. Written Policy and Procedures. The detention center shall have written policy and procedures for maintaining discipline and regulating juvenile offenders' conduct. The following general principle shall apply: (3-30-07)
a. The conduct of juvenile offenders shall be regulated in a manner which encourages and supports appropriate behavior, with penalties for negative behavior; (3-30-07)
b. The detention center shall have written rules of conduct which specify prohibited acts, the penalties that may be imposed for various degrees of violation, and the disciplinary procedures to be followed; (3-30-07)
c. Disciplinary action shall be of a nature to regulate juvenile offenders' behavior within acceptable limits and shall be taken at such times and in such degrees as necessary to accomplish this objective; (3-30-07)
d. The behavior of juvenile offenders shall be controlled in an impartial and consistent manner; (3-30-07)
e. Disciplinary action shall not be arbitrary, capricious, retaliatory, or vengeful; (4-5-00)
f. Corporal or unusual punishment is prohibited, and care shall be taken to insure juvenile offenders' freedom from personal abuse, humiliation, mental abuse, personal injury, disease, property damage, harassment, or punitive interference with daily functions of living, such as eating or sleeping; (3-30-07)
g. Use of restraints or use of physical force as punishment is prohibited; (3-30-07)
h. Withholding of food meals or variation of diet as punishment is prohibited; and (4-5-00)( )
i. Juvenile offenders shall not be subject to any situation in which juvenile offenders impose discipline on each other. (3-30-07)
02. Resolution of Rule Infractions. The detention center shall have written policy and procedures to define and govern the resolution of rule infractions. (3-30-07)
03. Grievance Procedures. The detention center shall have written policy and procedures for juvenile offenders which will identify grievable issues and define the grievance process. (3-30-07)
04. Criminal Law Violations. The detention center shall have written policy and procedures to govern the handling of incidents that involve the violation of federal, state, or local criminal law, including prompt referral to the appropriate authority for possible investigation and prosecution. (3-30-07)
(BREAK IN CONTINUITY OF SECTIONS)
261. ADMISSION.
01. Orientation Materials. Written policy and procedures shall provide that new juvenile offenders receive orientation materials, including conduct rules. If, at any time, a literacy or language barrier is recognized, the detention center shall make good faith efforts to assure that the juvenile offender understands the material. (3-30-07)
02. Written Procedures for Admission. The detention center shall have written policy and procedures for admission of juvenile offenders which shall address, but are not limited to, the following: (3-30-07)
a. Determination that the juvenile offender is lawfully detained in the detention center; (3-29-12)
b. The classification of juvenile offenders in regard to sleeping, housing arrangements, and programming; (3-30-07)
c. If the juvenile offender shows signs of illness, injury, is incoherent, or unconscious, he shall not be admitted to the detention center until the detaining officer has provided written documentation from medical personnel or a physician of examination, treatment, and fitness for confinement; (3-29-12)
d. A complete search of the juvenile offender and possessions; (3-30-07)
e. The care and disposition of personal property; (3-30-07)( )
f. Provision of shower and the issuance of detention clothing and personal hygiene articles; (3-30-07)
g. The provision of medical, dental and mental health screening; (3-30-07)
h. Male and female juvenile offenders shall not occupy the same sleeping room; (3-30-07)
i. The recording of basic personal data and information; (3-30-07)
j. Providing assistance to juvenile offenders in notifying their families of their admission and the discussion of procedures for mailing and visiting; (3-29-12)
k. The fingerprinting and photographing in accordance with Title 20, Chapter 5, Section 20-516(8), Idaho Code; and (3-29-12)
l. The administration of the MAYSI or other approved risk tool. (3-29-12)
03. Court Appearance Within Twenty-Four Hours. According to Title 20, Chapter 5, Section 20-516(4), Idaho Code, written policy and procedures shall ensure that any juvenile offender placed in detention or shelter care be brought to court within twenty-four (24) hours, excluding Saturdays, Sundays and holidays for a detention hearing to determine where the juvenile offender will be placed until the next hearing. Status offenders shall not be placed in any jail or detention center, but instead may be placed in juvenile shelter care facilities. (3-30-07)
04. Limitations of Detention. Written policy and procedures shall limit the use of detention in accordance with Title 20, Chapter 5, Section 20-516, Idaho Code. (3-30-07)