R356-4-4. Standards for Adult Jails and Lockups Where Juveniles Are Detained or Confined

  (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.