[Federal Register Volume 59, Number 150 (Friday, August 5, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-18796]
[[Page Unknown]]
[Federal Register: August 5, 1994]
_______________________________________________________________________
Part II
Department of the Interior
_______________________________________________________________________
Bureau of Indian Affairs
_______________________________________________________________________
25 CFR Part 10
Standards for Adult and Juvenile Detention, Community Residential, and
Holding Facilities and Programs; Proposed Rule
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
25 CFR Part 10
RIN 1076-AC80
Standards for Adult and Juvenile Detention, Community
Residential, and Holding Facilities and Programs
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Indian Affairs is proposing to establish
standards for governing Indian adult and juvenile detention, holding
and community residential facilities and programs. The current
detention regulations are over 20 years old and extremely limited. The
proposed changes will cover all pertinent issues governing detention,
holding and community residential services. The standards will increase
the Bureau of Indian Affair's capability to provide Indian tribes the
direction to administer constitutionally sound detention, holding and
community residential programs. It will also provide the Bureau of
Indian Affairs the key to prevent and combat potential lawsuits.
DATES: Comments must be received on or before November 3, 1994.
ADDRESSES: Written comments should be directed to the Chief, Division
of Law Enforcement, Bureau of Indian Affairs, 1849 C Street, N.W., Mail
Stop 1308, Washington, D.C. 20240.
FOR FURTHER INFORMATION CONTACT: Warren LeBeau, Bureau of Indian
Affairs, Telephone: 202-208-5786.
SUPPLEMENTARY INFORMATION:
Background
Detention standards published in 25 CFR 11.305 have not been
modified for sixteen years, do not address current detention problems,
and are inconsistent with current acceptable detention practices and
other regulations. They fail to address code compliance and related
physical plant issues, and lack options to allow for alternative types
of detention programs. The need for more detailed and contemporary
standards has been intensified by the provision of funding for
detention programs under Pub. L. 99-570.
Earlier attempts to develop standards based on those of the
American Correctional Association failed to address the specific issues
and concerns of BIA and tribal detention programs. They were not
tailored to meet the needs of a Native American population and did not
reflect the environment in which BIA and tribal detention programs
operate. As a result, these standards were not promulgated.
Development of Regulations
It is the policy of the Bureau to provide opportunities for input
from those who will be affected by these regulations. A multi-agency
task force was assembled to develop the first draft of these standards.
The agencies represented included representatives from Division of Law
Enforcement Central Office, Area Office Supervisory Criminal
Investigators, Unit Criminal Investigators, detention staff, and Indian
Health Service programs; the task force also included a member with
prior experience in tribal detention programs. Additional internal
reviews were conducted at the Area and Agency level. Interested parties
are asked to submit written comments, suggestions and objections to
these proposed rules.
Supplementary Information
The policy of the Department of the Interior is, whenever
practical, to afford the public an opportunity to participate in the
rulemaking process. Accordingly, interested persons may submit written
comments regarding the proposed rule to the locations identified in the
Addresses section of this document. The Department has certified to the
Office of Management and Budget that these proposed regulations meet
the applicable standards provided in Sections 2(a) and 2(b)(2) of
Executive Order 12778. The Department of the Interior has determined
that this document is not a significant regulatory action under
Executive Order 12866. This rule will not require the approval of the
Office of Management and Budget. This rule will not have a significant
economic impact on a substantial number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). In accordance with
E.O. 12630, the Department has determined that this rule does not have
significant takings implications. The Department has determined that
this rule does not have significant federalism effects. The Department
of the Interior has determined that this proposed rule does not
constitute a major Federal action significantly affecting the quality
of the human environment and that no detailed statement is required
pursuant to the National Environmental Policy Act of 1969. There are no
information collection requirement(s) contained in this rule which
require the approval of the Office of Management and Budget under 44
U.S.C. 3501 et. seq. The primary author of this document is Warren
LeBeau, Detention Specialist, BIA Law Enforcement.
List of Subjects in 25 CFR Part 10
Buildings, Indians, Law enforcement, Prisoners, Youth.
For the reasons set out in the preamble, Part 10 is proposed to be
added to Chapter I of Title 25 of the Code of Federal Regulations as
set forth below:
PART 10--STANDARDS FOR ADULT AND JUVENILE DETENTION, COMMUNITY
RESIDENTIAL, AND HOLDING FACILITIES AND PROGRAMS
Subpart A--General Information
Sec.
10.1 Background information.
10.2 Definitions.
10.3 Applicability.
10.4 Compliance.
10.5 Facilities operated by contractors.
Subpart B--Adult Detention Facilities
10.11 Administration and management.
10.12 Physical plant.
10.13 Institutional operations.
10.14 Inmate programs and services.
Subpart C--Juvenile Detention Facilities
10.21 Administration and management.
10.22 Physical plant.
10.23 Institutional operations.
10.24 Juvenile programs and services.
Subpart D--Adult Community Residential Facilities
10.31 Administration and management.
10.32 Physical plant.
10.33 Institutional operations.
10.34 Resident programs and services.
Subpart E--Juvenile Community Residential Facilities
10.41 Administration and management.
10.42 Physical plant.
10.43 Institutional operations.
10.44 Juvenile programs and services.
Subpart F--Adult Holding Facilities
10.51 Administration and management.
10.52 Physical plant.
10.53 Institutional operations.
10.54 Inmate programs and services.
Authority: 5 U.S.C. 301; 25 U.S.C. 2, 9, 13, 2417, 2453, and
2802.
Subpart A--General Information
Sec. 10.1 Background Information.
(a) Purpose. These standards provide criteria for the construction
and operation of various types of adult and juvenile law enforcement
facilities and programs operated on Indian land. Through the
implementation of these standards, Indian detention programs can
address current problems, reduce liability, plan for improvements, and
maintain sound and professional operations.
(b) Types of standards. The standards have been divided into five
sets, based on facility type, to make their use clearer. There are
standards for adult detention facilities, juvenile detention
facilities, adult community residential facilities, juvenile community
residential facilities, and adult holding facilities. Standards for
juvenile holding facilities are not necessary at this time.
(c) Using more than one set of standards. Users may determine which
type program they wish to operate and select the set of standards which
apply to that type. Users may elect to operate more than one program
type on a single site or within a single structure, provided that the
requirements for programs located on the same site are met. This
approach provides maximum flexibility to each locality in determining
the type of detention program(s) it wishes to operate.
Sec. 10.2 Definitions.
Addition means new construction which is physically attached or
connected to an existing building structure.
Administrative segregation means a special management
classification which separates a detainee from the general population
because he or she presents a serious threat to life, property, self,
staff or other detainees, or to the secure and orderly running of the
facility.
Administrator means the official who has the ultimate
responsibility for managing and operating the detention facility, such
as the Captain of Police or the Chief of Police.
Adult community residential program means a program for sentenced
adults which is housed in a structure without security fences, security
hardware or other major restraining construction typically associated
with detention facilities. The major focus of these programs is to
provide a structured environment conducive to positive behavior in the
community.
Adult detention facility means a local confinement facility for
which the custodial authority is 48 hours or more.
Assessment means an evaluation of an arrestee or a detainee by a
health, mental health or substance abuse professional to determine
treatment and/or management needs.
Booking means both a law enforcement and a detention facility
procedure. As a police administrative action, it is an official
recording of an arrest and the identification of the person, place,
time, arresting authority, and reason for the arrest. In a detention
facility, it is a procedure for the admission of a person charged with
or convicted of an offense, and includes searching, fingerprinting,
photographing, health screening, collecting personal history data and
completing an inventory of the individual's personal property.
Building code means federal, state or local regulations that
dictate the criteria for construction of a facility.
Chemical agent means an active substance, such as tear gas, used to
deter activities which might cause personal injury or property damage.
Child abuse register means a central listing of persons reported
for child abuse and neglect as required in the Indian Child Welfare
Act.
Classification means a process for determining the needs and
requirements of those for whom confinement has been ordered and for
assigning them to living areas and programs according to their needs
and existing resources.
Community resources means those social and welfare agencies,
service clubs, citizen interest groups, self-help groups, and citizen
volunteers who have the potential to assist juveniles/inmates in
meeting defined needs.
Contact visiting means a program inside and/or outside the facility
that permits detainees to visit with designated person(s). The area is
free of obstacles or barriers that prohibit physical contact.
Contractor means a person, agency, or organization which agrees to
furnish materials or perform services for the facility at a specified
price or service. Contractors operating in the facility are subject to
all applicable rules and regulations of the facility.
Cooling off period means a brief period of time, typically under 60
minutes, during which juveniles are confined in their rooms to allow
them to gain control over their behavior.
Custody record means information concerning the individual's
personal, criminal and brief medical history, behavior and activities
while in custody.
Daily report means a written record, compiled each day, which
indicates the names of detainees in custody, the names of detainees
booked and released, the legal status of each detainee, and the number
of days each detainee has been in custody.
Dayroom means space for activities that is situated immediately
adjacent to the detainee sleeping areas and separated from them by a
wall.
Delinquent act means an act that if committed by an adult would be
a crime.
Delinquent juvenile means a juvenile who has been adjudicated for
conduct which, under the law of the jurisdiction in which the offense
was committed, would be a crime if committed by an adult.
Dependent child means the local tribal definition. However, in the
absence of a local definition, it means a child who is adjudicated to
be:
(1) In need of proper and effective parental care and control and
who has no parent or guardian: or
(2) Destitute or who is not provided with the necessities of life,
or who is not provided with a home or suitable place of abode, or whose
home is unfit for him by reason of abuse, neglect, cruelty or depravity
by either of his parents, his guardian, or other person having his
custody or care.
Disciplinary hearing means a nonjudicial administrative procedure
to determine if substantial evidence exists to find a detainee guilty
of a rule violation.
Disciplinary report means a written report, prepared by a person
with appropriate authority, describing an alleged violation of a
facility's rules or regulations.
Disciplinary segregation means a special management classification
which separates a detainee from the general population because he or
she has committed a serious violation of facility rules or regulations,
after a finding of a rule violation at an impartial hearing and when
there is no adequate alternative disposition to regulate the detainee's
behavior.
Diversion means the official halting or suspension, at any legally
prescribed processing point after a recorded justice system entry, of
formal justice proceedings against an alleged offender. The suspension
of proceedings may be in conjunction with a referral to a treatment or
care program administered by a non-judicial or private agency, or there
may be no referral.
Education release means a custody status under which detainees may
leave the detention facility to attend school or paid employment in the
community, returning to custody after work or school hours.
Emergency means any serious incident, such as riot, strike, escape,
fire or natural disaster which results in significant disruption of the
facility's normal policies, procedures, or activities.
Emergency care means care for an acute illness or unexpected health
care need that cannot be deferred until the next scheduled sick call
and which is provided to the resident population by representatives of
the health authority, local ambulance services, and/or other hospital
emergency rooms.
Emergency generator and equipment means a generator, battery pack
or alternative, independent power source which allows a facility to
maintain essential lights, power and communication equipment.
Emergency shelter facility means any non-secure public or private
facility designated to provide either temporary or shelter placement
for alleged or adjudicated status offenders prior to the issuance of a
disposition order or longer-term care under a juvenile court
disposition order.
Existing construction means building structures which were
constructed prior to the date these standards became effective.
Facility means a place, institution, building (or part thereof),
set of buildings, or area that is used for the lawful custody and/or
treatment of individuals, which may be owned and/or operated by public
or private agencies, and which includes the staff and services as well
as the buildings and grounds.
Force, use of means physical force used in instances of justifiable
self-defense, protection of others, protection of property, or
prevention of escapes. Physical force is used only as a last resort and
in accordance with appropriate statutory authority.
Good-time means a system established by law or the applicable court
which allows the facility to subtract a set amount of time from an
inmate's sentence for specified periods that are served in an
acceptable manner.
Grievance means a written complaint filed by a detainee with the
facility administration.
Guardian means a person who has been appointed by a court to be the
custodian of a child's rights in place of a parent.
Handbook, inmate means a collection of the facility's rules of
conduct and sanctions for violations, defined in writing.
Handicapped person means any person who has a physical, mental or
sensory impairment which substantially limits one or more major life
activities, has a record of such an impairment, or is regarded as
having such an impairment.
Health appraisal means a thorough examination of a person's current
physical condition and medical histories, which is conducted by, or
under the supervision, of a licensed professional within a specified
time period following admission.
Health authority means the Indian Health Service or its contracted
designee.
Health care staff means individuals whose primary duties are to
provide health services to detainees in keeping with their respective
levels of health care training experience.
Health examination means a physical examination of detainees who
have been in custody more than thirty days, which includes dental and
mental health evaluation.
Health screening means a system of structured inquiry and
observation, by health care staff or by a health-trained detention
officer at the time of admission, designed to prevent newly-arrived
detainees who pose a health or safety threat to themselves or others
from being admitted to the general population.
Health-trained staff means detention staff who are trained and
appropriately supervised to carry out certain specific duties with
regard to the administration of health care.
Housing unit means a group or cluster of single and/or multiple
occupancy cells or detention rooms that houses inmates and is
immediately adjacent and directly accessible to a day or activity room.
Identification and location record means a written record that
shows the actual physical location of each detainee in custody.
Immediate release (from locked areas) means the capability of
immediate staff response to release of all detainees from a locked area
to a safe area within four minutes.
Incident means a situation in which injury serious enough to
warrant medical attention occurs involving a resident, employee, or
visitor on the grounds of the institution, or a situation containing an
imminent threat to the security of the institution and/or the safety of
residents, employees, or visitors on the grounds of the institution.
Indian means any person:
(1) Who is a member of an Indian tribe, as defined below,
irrespective of whether he or she lives on or near a reservation, is a
member of a tribe, band, or other organized group of Indians, including
those tribes, bands, or groups terminated since 1940 and those
recognized now or in the future by the State in which they reside, or
who is a descendant, in the first or second degree, of any such member;
or
(2) Who is an Eskimo or Aleut or other Alaska Native; or
(3) Who is considered by the Secretary of the Interior to be an
Indian for any purpose; or
(4) Who is determined to be an Indian under regulations promulgated
by the Secretary.
Indian tribe means any tribe, band, nation or other organized group
or community, including any Alaska Native village or group or regional
or village corporation as defined in or established pursuant to the
Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), which is
recognized as eligible for the special programs and services provided
by the United States to Indians because of their status as Indians.
Indian youth means a person under the age of eighteen years, who
claims to be a descendant of a member of a Federally recognized tribe.
Informed consent means the agreement by a patient to a treatment,
examination or procedure after the patient receives the material facts
regarding the nature, consequences, risks and alternatives concerning
the proposed treatment, examination and procedure.
Inmate means any person considered an adult within that
jurisdiction, whether pretrial, unsentenced, or sentenced, who is
confined in a detention or holding facility.
Inmate fund account means any money which is held in trust for
specific inmates, including funds in their possession at the time of
booking, funds brought for the use of specific inmates during the
period of custody, and funds, such as commissary or canteen funds,
which are developed as a result of sales or fees to inmates.
Juvenile means a person who has not attained his or her eighteenth
birthday or, for purposes of juvenile court proceeding, a child less
than twenty-one years of age who became the subject of a juvenile court
proceeding before the child's eighteenth birthday.
Juvenile community residential program means a program to provide
positive role models and an environment conducive to positive behavior
in the community for adjudicated juveniles which is housed in a
structure that does not have security fences, security hardware or
other major restraining construction typically associated with
detention facilities.
Juvenile community residential worker means a community residential
staff person whose sole responsibility is the supervision of juveniles
in a community residential facility.
Juvenile detention means the temporary care of a youth alleged to
be delinquent, who requires secure custody in a physically restricting
facility.
Juvenile detention facility means a local confinement facility for
the temporary care of juvenile offenders and juveniles alleged to be
delinquent who require secure custody in a physically restricting
facility for more than 24 hours.
Juvenile intake means the process of determining whether the
interests of the public or the juvenile require the filing of a
petition with the juvenile court. It includes receiving, reviewing, and
processing complaints, recommending detention or release, and providing
services for juveniles and their families, including diversion and
referral to other community agencies.
Library service means a service that provides and circulates
reading materials; reading materials include books and periodicals as
well as education and recreational audiovisual materials.
Light, natural means light available from a source within 20 feet
of the room or cell with an opening or window that has a view to the
outside.
Mail inspection means the examination of incoming and outgoing mail
for contraband, cash, checks and money orders.
Major infraction means a rule infraction involving a grievous loss
and requiring imposition of disciplinary procedures. Major infractions
include:
(1) Violations that may result in disciplinary detention or
administrative segregation;
(2) Violations that may result in a forfeiture, such as a loss of
good time; and
(3) Violations that may be referred for criminal prosecution.
Medical/mental health restraints means either chemical restraints,
such as sedatives, or physical agents, such as straight jackets,
utilized only for medical or psychiatric purposes.
Medical/mental health segregation means a form of separation from
the general population for detainees who are seriously ill or injured
or whose presence in the general population would be likely to spread
contagious disease.
Memorandum of agreement (MOA) means a written memorandum between
two or more agencies which identifies the roles and responsibilities of
each regarding a specific item.
Mentally retarded means an individual who functions at a subaverage
general intellectual level and is deficient in adaptive behavior.
Minor infraction means a violation of the facility's rules of
conduct that does not require due process and can be resolved without
the imposition of serious penalties. Minor infractions do not violate
any federal or tribal statutes and may be resolved informally by
reporting staff.
Multiple occupancy cell or room means an area, room or cell housing
more than two and less than fifty persons.
New construction means any new construction over 2000 square feet
in gross square foot area.
N.F.P.A. means the National Fire Protection Association.
Non-contact visiting means a type of visiting that restricts
inmates from having physical contact with visitors. Physical barriers
usually separate the offender from the visitors with screens and/or
glass. Voice communication between the parties is typically
accomplished with phones or speakers. Offenders that present a serious
escape threat, are a threat to others or require protection are often
designated for non-contact visits.
Orientation means the period immediately following booking which
includes interviews, testing and other booking-related activities,
including distribution of information about programs, services, rules
and regulations.
Perimeter security means a system that controls ingress and egress
to the interior of a facility or institution. The system may include
electronic devices, walls, fences, patrols and/or towers.
Planning of new institutions (PONI) program means the BIA process
for the development of law enforcement facilities. The process includes
application, validation, pre-architectural programming, design,
transition and construction.
Post means a duty station related to either place or function which
is necessary for the operation of the facility.
Pretrial release means a procedure whereby an accused individual
who had been taken into custody is allowed to be released before and
during his or her trial.
Privileged information means information about detainees or
residents which is not considered public information under the
provisions of the Freedom of Information Act of 1973 as amended (5
U.S.C. 552). It typically includes information protected as a medical
record, classification interviews, and the results of internal
disciplinary hearings.
Protective holding cell means a specialized cell or room that is
utilized to detain or isolate an incapacitated or combative
individual(s) for a short period of time. It may be equipped with
specialized security and/or medical equipment to control and manage
individuals detained in these areas in a safe, secure, and humane
environment.
Qualified health and safety inspector means a full-time safety
officer at either the BIA Area or Agency level.
Qualified health staff means licensed, registered or certified
physicians and dentists as well as other professional and technical
workers who, by law, engage in activities that support, complement or
supplement the functions of physicians and/or dentists.
Rated capacity means the actual number of beds available for
regular use, based on compliance with square footage requirements for
each occupancy type. Rated capacity does not include spaces, such as
protective holding cells, used only on a temporary basis.
Releasing authority means the decision-making body and/or
individual that has the responsibility to grant, deny and revoke
release from a juvenile institution or program of supervision.
Renovation means construction within an existing facility which
modifies its structure and in which more than 20% of the cost of the
proposed building modification results from standards compliance.
Reservation means any Federally recognized Indian Tribe's
reservation, pueblo or colony, including former reservations in
Oklahoma, Alaska Native regions established pursuant to the Alaska
Native Claims Settlement Act (43 U.S.C. 1601 et seq.), and Indian
allotments if considered reservation land by the Bureau of Indian
Affairs.
Safety equipment includes fire fighting equipment, i.e. chemical
extinguishers, hoses, nozzles, water supplies, alarm systems, sprinkler
systems, portable breathing devices, gas masks, fans, first aid kits,
stretchers, and emergency alarms.
Safety management review means a review of all construction by the
Division of Safety Management to ensure that the facility complies with
applicable codes, standards, regulations and guidelines regarding
Health and Safety matters.
Sallyport means an enclosure to handle either pedestrian or
vehicular traffic and is located either in the security perimeter wall
or fence of the facility, which has gates or doors at both ends, only
one of which opens at a time. This method of entry and exit ensures
there will be no breach in the security of the facility.
Secure institution means any facility that is designed and operated
to ensure that all entrances and exits are under the exclusive control
of the facility's staff, thereby preventing an inmate from leaving the
facility unsupervised or without permission.
Security devices means locks, gates, doors, bars, fences, screens,
ceilings, floors, walls, and barriers used to confine and control
juveniles/inmates and electronic monitoring equipment, security alarm
systems, security light units, auxiliary power supply, and other
equipment used to safeguard the facility.
Security or custody means the degree of restriction of inmate or
juvenile movement within a detention facility, usually divided into
maximum, medium and minimum risk levels.
Security perimeter means the outer portions of a facility that
provide for secure confinement of facility inmates or juveniles.
Shift activity log means a system of bound records which record the
significant activities of a shift, including emergency and non-
emergency activities.
Shift relief factor means a mathematic ratio between the number of
hours that staff are actually available to work and the number of hours
that staffing must be provided.
Special management means the confinement of a detainee in an
individual cell that is separated from the remainder of the population
for the purpose of disciplinary, administrative segregation, protective
custody, or medical segregation.
Status offender means a youth who has been charged with or
adjudicated for an act that under the law of the jurisdiction in which
the offense was committed would not be a crime under any circumstances
if committed by an adult.
Suicide screening means the systematic inquiry and observation of
adults and juveniles at the time of booking to attempt to identify
individuals who are at risk of suicide.
Summer and winter comfort zones means suggested temperature ranges
for indoor living and work areas during the summer months are sixty-six
to eighty-six degrees Fahrenheit and sixtyone to seventy-three degrees
Fahrenheit during the winter months.
Supervision means guidance or management of detainees, typically
without a barrier between detention staff and detainees.
Temporary release means a period of time during which a detainee is
allowed to leave the facility and go into the community unsupervised by
detention personnel for various purposes consistent with the public
interest.
Trained staff means detention or community residential staff who
have completed the orientation training required in these standards.
Work release means an arrangement sanctioned by law or the
appropriate court that enables a detainee to be released into the
community to maintain approved employment and/or other approved
activity.
Sec. 10.3 Applicability.
These standards shall apply to any facilities constructed and/or
operated on Reservations as defined in Sec. 10.2. Non-Indian facilities
with which the BIA contracts shall comply with the detention standards
of the state in which they are located, applicable federal and state
laws, and applicable safety and health codes.
Sec. 10.4 Compliance.
(a) Incremental compliance. The compliance process is incremental
and, in many areas, offers options and choices to each facility.
(b) Types of standards. There are two types of standards, mandatory
and nonmandatory. Each set of standards includes standards for
operations and standards for physical plants; if appropriate, physical
plant standards are divided into two categories, new construction,
renovation and expansion and standards for existing facilities. The
following table shows the number of mandatory and non-mandatory
standards by facility type and new and existing construction. Each
sections i.e., Sec. 10.11(a)(1), Sec. 10.11.(a)(2), etc., comprises one
standard.
Table 4.1.--Mandatory and Non-Mandatory Standards by Facility Type
----------------------------------------------------------------------------------------------------------------
Total Non-
Subpart Type of facility standards Mandatory mandatory
----------------------------------------------------------------------------------------------------------------
B................... Adult Detention.................................... 245 48 197
Adult Detention (existing)......................... 249 48 201
C................... Juvenile Detention................................. 262 47 215
Juvenile Detention (existing)...................... 266 47 219
D................... Adult Community Residential........................ 223 45 178
E................... Juvenile Community Residential..................... 228 45 183
F................... Adult Holding Facilities........................... 207 47 160
Adult Holding Facilities (existing)................ 208 47 161
----------------------------------------------------------------------------------------------------------------
(1) Mandatory vs. non-mandatory standards. Mandatory standards deal
with areas in which there is potential danger to the life, health, and
safety of inmates, staff, and/or the community and those areas in which
there are other statutes, regulations, or directives which mandate
compliance. Without exception, facilities must comply with all
mandatory standards. Non-Mandatory Standards deal with all other areas
of administration, program operation and facilities. Based on a system
of progressive compliance, all facilities must comply with a percentage
non-mandatory standards that increases over time. The following table
lists the mandatory standards in each Subpart of the rule.
Table 4.2.--Mandatory Standards
--------------------------------------------------------------------------------------------------------------------------------------------------------
Detention Community residential Holding
Standard title ---------------------------------------------------------------------------------------------------------------------------------
Part B adult Part C juvenile Part D adult Part E juvenile Part F adult
--------------------------------------------------------------------------------------------------------------------------------------------------------
Separation of Adults B10.11(a)(14) N/A N/A N/A F10.51.(a)(8)
and Juveniles.
Prohibited Uses of N/A C10.21(a)(14) N/A N/A N/A
Detention.
Budgetary Compliance.. B10.11(b)(1) C10.21(b)(1) D10.31(b)(1) E10.41(b)(1) F10.51.(b)(1)
Accounting Compliance. B10.11(b)(2) C10.21(b)(2) D10.31(b)(2) E10.41(b)(2) F10.51.(b)(2)
Personnel Policy...... B10.11(c)(1) C10.21(c)(1) D10.31(c)(1) E10.41(c)(1) F10.51.(c)(1)
Training Curriculum B10.11(d)(2) C10.21(d)(2) D10.31(d)(2) E10.41(d)(2) F10.51.(d)(2)
Approval.
Detention Officer B10.11(d)(6) C10.21(d)(6) D10.31(d)(6) E10.41(d)(6) F10.51.(d)(5)
Orientation Training.
Records Compliance.... B10.11(e)(1) C10.21(e)(1) D10.31(e)(1) E10.41(e)(1) F10.51.(e)(1)
Building and Safety B10.12(a)(1) C10.22(a)(1) D10.32(a)(1) E10.42(a)(1) F10.52.(a)(1)
Code Compliance.
Accessibility......... B10.12(a)(3) C10.22(a)(3) D10.32(a)(3) E10.42(a)(3) F10.52.(a)(3)
OSHA Compliance....... B10.12(a)(4) C10.22(a)(4) D10.32(a)(4) E10.42(a)(4) F10.52.(a)(4)
Health and Safety B10.12(a)(5) C10.22(a)(5) D10.32(a)(5) E10.42(a)(5) F10.52.(a)(5)
Inspection.
Furnishings and B10.12(a)(6) C10.22(a)(6) D10.32(a)(6) E10.42(a)(6) F10.52.(a)(6)
Equipment Code
Compliance.
Separation of Adults B10.12(b)(2) N/A N/A N/A F10.52.(b)(1)
and Juveniles.
Emergency Exits....... B10.12(d)(4) C10.22(d)(4) D10.32(d)(1) E10.42(d)(1) F10.52.(d)(4)
New Facility Planning B10.12(e)(1) C10.22(e)(1) D10.32(e)(1) E10.42(e)(1) F10.52.(e)(1)
Requirement.
Safety Management B10.12(e)(2) C10.22(e)(2) D10.32(e)(2) E10.42(e)(2) F10.52.(e)(2)
Review.
Full Coverage of Posts B10.13(a)(3) C10.23(a)(4) D10.33(a)(1) E10.43(a)(1) F10.53.(a)(3)
Male and Female Staff B10.13(a)(6) C10.23(a)(7) D10.33(a)(3) E10.43(a)(3) F10.53.(a)(6)
Requirement.
Weekly Inspection..... B10.13(a)(14) C10.23(a)(15) D10.33(a)(10) E10.43(a)(10) F10.53.(a)(14)
Monthly Inspection.... B10.13(a)(15) C10.23(a)(16) D10.33(a)(11) E10.43(a)(11) F10.53.(a)(15)
Fire Safety Inspection B10.13(a)(16) C10.23(a)(17) D10.33(a)(12) E10.43(a)(12) F10.53.(a)(16)
Use of Force and B10.13(a)(22) C10.23(a)(23) D10.33(a)(17) E10.43(a)(17) F10.53.(a)(22)
Firearms.
Fire Prevention....... B10.13(b)(1) C10.23(b)(1) D10.33(b)(1) E10.43(b)(1) F10.53.(b)(1)
Evacuation Plan....... B10.13(b)(4) C10.23(b)(4) D10.33(b)(3) E10.43(b)(3) F10.53.(b)(4)
Emergency Plans....... B10.13(b)(5) C10.23(b)(5) D10.33(b)(4) E10.43(b)(4) F10.53.(b)(5)
Medical Treatment B10.13(b)(7) C10.23(b)(7) D10.33(b)(7) E10.43(b)(6) F10.53.(b)(7)
(Incident).
Suicide Screening..... B10.13(f)(4) C10.23(g)(3) D10.33(f)(2) E10.43(f)(6) F10.53.(f)(3)
Dietary Allowances.... B10.13(h)(2) C10.23(i)(2) D10.33(h)(2) E10.43(h)(2) F10.53.(h)(2)
Medical Special Diets. B10.13(h)(4) C10.23(i)(4) D10.33(h)(4) E10.43(h)(4) F10.53.(h)(4)
Health Protection..... B10.13(h)(7) C10.23(i)(7) D10.33(h)(7) E10.43(h)(7) F10.53.(h)(7)
Inspection of Food B10.13(h)(9) C10.23(i)(9) D10.33(h)(9) E10.43(h)(9) F10.53.(h)(9)
Service Area.
Water Supply.......... B10.13(i)(1) C10.23(j)(1) D10.33(i)(1) E10.43(i)(1) F10.53.(i)(1)
Sewage System......... B10.13(i)(2) C10.23(j)(2) D10.33(i)(2) E10.43(i)(2) F10.53.(i)(2)
Sanitation Plan....... B10.13(i)(3) C10.23(j)(3) D10.33(i)(3) E10.43(i)(3) F10.53.(i)(3)
Written Health Care B10.13(j)(1) C10.23(k)(1) D10.33(j)(1) E10.43(j)(1) F10.53.(j)(1)
Plan.
Medical/Mental Health B10.13(j)(4) C10.23(k)(4) D10.33(j)(4) E10.43(j)(4) F10.53.(j)(4)
Judgment.
Meetings with Provider B10.13(j)(6) C10.23(k)(6) D10.33(j)(6) E10.43(j)(6) F10.53.(j)(6)
Review of Health Care B10.13(j)(7) C10.23(k)(7) D10.33(j)(7) E10.43(j)(7) F10.53.(j)(7)
Policies.
Health Training B10.13(j)(8) C10.23(k)(8) D10.33(j)(8) E10.43(j)(8) F10.53.(j)(8)
Program.
24-hour Emergency Care B10.13(j)(10) C10.23(k)(10) D10.33(j)(10) E10.43(j)(10) F10.53.(j)(10)
Health Care Treatment. B10.13(j)(11) C10.23(k)(11) D10.33(j)(11) E10.43(j)(11) F10.53.(j)(11)
Licensure Requirements B10.13(j)(13) C10.23(k)(13) D10.33(j)(12) E10.43(j)(12) F10.53.(j)(13)
Management of B10.13(j)(16) C10.23(k)(16) D10.33(j)(15) E10.43(j)(15) F10.53.(j)(16)
Medications.
Preliminary Health B10.13(j)(18) C10.23(k)(18) D10.33(j)(17) E10.43(j)(17) F10.53.(j)(18)
Screening.
Serious and Infectious B10.13(j)(23) C10.23(k)(23) N/A N/A F10.53.(j)(20)
Disease.
Participation in B10.13(j)(27) C10.23(k)(27) D10.33(j)(25) E10.43(j)(25) F10.53.(j)(23)
Research.
Confidentiality of B10.13(j)(28) C10.23(k)(28) D10.33(j)(26) E10.43(j)(26) F10.53.(j)(24)
Health Records.
Regulation of Work B10.14(b)(2) C10.24(b)(3) D10.34(c)(2) E10.44(c)(3) N/A
Programs.
--------------------------------------------------------------------------------------------------------------------------------------------------------
(2) Physical plant standards. There are two categories of standards
which deal with facilities: standards for existing construction and
standards for new construction, additions and renovations. If there are
no existing facilities of the type, standards for existing construction
are omitted.
(c) Accreditation process. The accreditation process is
incremental. It does not require that detention facilities comply with
all standards when they are published. The following requirements are
established for compliance:
(1) First year following publication. By the end of the first year
following publication, all detention facilities must have identified
deficiencies and developed an action plan that identifies the actions
and resources necessary to correct deficiencies and a schedule for
these remedies.
(2) Second year following publication. By the end of the second
year following publication and thereafter, all detention facilities
must be one hundred percent compliant with the mandatory standards. For
example, an existing adult detention facility would have to comply with
the 48 mandatory standards of the 249 total standards applicable to
this facility type.
(3) Fourth year following publication. By the end of the fourth
year following publication and thereafter, all detention facilities
must be 50 percent compliant with the non-mandatory standards. For
example, an existing adult detention facility would have to remain
compliant with the 48 mandatory standards and also comply with 101
(50%) of the 201 non-mandatory standards for this facility type.
(4) Fifth year following publication. By the end of the fifth year
following publication and thereafter, all detention facilities must be
60 percent compliant with the non-mandatory standards. For example, an
existing adult detention facility would have to remain compliant with
the 48 mandatory standards and also comply with 121 (60%) of the non-
mandatory standards for this facility type.
(5) Sixth year following publication. By the end of the sixth year
following publication and thereafter, all detention facilities must be
70 percent compliant with the non-mandatory standards.
(6) Seventh year following publication. By the end of the seventh
year following publication and thereafter, all detention facilities
must be 80 percent compliant with the non-mandatory standards.
(7) Eighth year following publication. By the end of the eighth
year following publication and thereafter, all detention facilities
must be 90 percent compliant with the non-mandatory standards.
(8) Available assistance. The BIA, Division of Law Enforcement
shall provide a format for self-accreditation of programs with
provision for program audits.
Sec. 10.5 Facilities operated by contractors.
(a) Form of organization. The entity operating the facility shall
be a legal entity or part of a legal entity.
(b) Program continuity. The operator of the facility shall document
that necessary legal measures have been taken to provide continuity of
service in the event of incapacitation, retirement or death.
(c) Annual meeting. The governing authority of the facility shall
meet at least annually with the contracting officer to facilitate
communication, establish policy, explore problems, ensure conformity to
legal and fiscal requirements, and implement programs.
(d) Minimum criteria for private agencies. At a minimum, the bylaws
for the governing authority of the incorporated agency shall include
membership qualifications, community representation, size of the
governing body, method of selection, terms of office, duties and
responsibilities of officers, times the board will meet, committee
structure, quorums, parliamentary procedure, recording of minutes,
method of amending the bylaws, conflict of interest items, and the
relationship of the chief executive officer to the governing body.
Subpart B--Adult Detention Facilities
Sec. 10.11 Administration and management.
(a) General administration--(1) Mission and goals. A written
statement, which shall be updated as necessary, shall describe the
philosophy, goals and policies of the facility.
(2) Administration of facility. An administrator, whose
responsibility and authority shall be documented, shall oversee each
facility. The appointment shall be based on written qualifications.
(3) Organization chart. An organization chart shall describe the
facility's organization and chain of command. The chart shall be
updated as needed.
(4) Service provider roles. A Memorandum of Agreement (MOA), which
shall be updated as needed and reviewed at least annually, shall define
the role and function of employees of public or private agencies
providing a service to the facility. The MOA shall specify the relation
of service providers to the authority and responsibility of the
administrator.
(5) Interagency meetings. The administrator shall conduct regular
meetings between the staff of criminal justice, social service, health
care and detention agencies to develop and maintain effective
interagency coordination.
(6) Policy and procedure manual. All employees of the facility
shall have access to a policy and procedure manual and its supporting
documents. The Chief, Division of Law Enforcement, shall approve the
manual and its supporting documents, which shall provide for the
implementation of these standards and shall direct documentation of
compliance. The administrator shall update the manual as needed and
review it annually.
(7) Dissemination of policy and procedure. The administrator shall
disseminate approved, new, or revised policies and procedures to
designated staff, volunteers, and, where appropriate, inmates prior to
implementation. Staff shall review and indicate in writing that they
understand the content of policies and procedures prior to their
implementation.
(8) Channels of communication. The administrator or designee shall
regularly disseminate information to staff prior to the beginning of
their shift.
(9) Monitoring and assessment. The Agency Superintendent or
designee shall review and inspect operations and programs at least
annually.
(10) Annual report. The administrator shall submit a written annual
report to the Chief, Division of Law Enforcement, through the Area
Director and Agency Superintendent, and shall forward a copy to the
appropriate court and health care authority. The report shall address
goals, objectives, population data, programs and services provided,
budget, space and equipment needs and major developments.
(11) Public information program. The administrator or designee
shall provide for a public information program.
(12) Legal counsel. Legal counsel shall be available to the
administrator and other staff as needed in the performance of their
duties.
(13) Separation of adults and juveniles. The administrator shall
prohibit the confinement of juveniles under the age of eighteen within
the facility unless in compliance with 42 U.S.C. 223(a)(13)(14) (the
Juvenile Justice and Delinquency Prevention Act of 1974) as amended and
28 CFR Part 31.
(b) Fiscal management--(1) Budgetary compliance. If operated by the
BIA, the facility shall comply with the directives of the Agency
regarding budget preparation, submission, and administration. If
operated by a tribe, the facility shall comply with the directives of
the tribe regarding budget preparation, submission, and administration.
(2) Accounting compliance. If operated by the BIA, the facility
shall comply with the Agency accounting directives. If operated by a
Tribe, the facility shall comply with Tribal accounting directives.
(3) Basis of budget. The administrator shall document a direct
relationship between the budget and planned operational, staffing and
program needs.
(4) Property management compliance. If operated by the BIA, the
facility shall comply with Agency property management directives. If
operated by a Tribe, the facility shall comply with Tribal property
management directives.
(5) Federal acquisition regulation compliance. If operated by the
BIA, the facility shall comply with Agency directives for facility
services, equipment and supply purchases. If operated by a tribe, the
facility shall comply with tribal directives for facility services,
equipment and supply purchases.
(6) Space and equipment needs and deficiencies. The administrator
shall report space and equipment needs and deficiencies annually to the
Area Director through the Agency Superintendent.
(7) Program needs and deficiencies. The administrator shall report
program needs and deficiencies, i.e., staffing, supplies, training and
contract services, annually to the Chief, Division of Law Enforcement,
through the Area Director and Agency Superintendent.
(8) Cost of inmate board. The facility shall charge all contract
users at the same rate.
(9) Fund accounts. The administrator shall arrange for an
independent audit of inmate fund accounts, including canteen or
commissary, following standard accounting practices. The administrator
shall use any profit or interest which accrues for the benefit of the
inmates.
(c) Personnel--(1) Personnel policy. If operated by the BIA, the
facility shall comply with Agency personnel management directives. If
operated by a Tribe, the facility shall comply with Tribal personnel
management directives.
(2) Personnel manual. The administrator shall make a copy of the
applicable personnel manuals and regulations available to every
employee.
(3) Staffing requirements. The administrator shall review employee
workload annually to ensure that the legitimate safety and security
needs of staff and inmates are addressed. The administrator shall
develop and update the facility's shift relief factor annually.
(4) Criminal record check. The administrator or designee shall
conduct a criminal record check of all new employees prior to
employment to determine if there are criminal convictions that have a
specific relationship to job performance.
(5) Physical examination. All employees who have direct contact
with inmates shall have a pre-employment physical examination. There
shall be provisions for re-examination.
(6) Physical fitness. Detention officers shall meet BIA or
comparable tribal standards for physical fitness.
(7) Code of ethics. The facility shall have a written Code of
Ethics that outlines the professional standards expected of all
employees and recognizes that detention personnel may be held to a
higher behavioral standard because of the nature of their duties.
(8) Confidentiality. Consultants, contract personnel, employees of
other public and private agencies and volunteers who work with inmates
shall agree to comply with the facility's policies on confidentiality
of information.
(d) Training and staff development--(1) Management of training
programs. A qualified employee, who has received training in training
delivery methods, shall plan, coordinate and supervise employee and
volunteer training programs. The administrator shall identify, evaluate
and update job-related training needs annually.
(2) Training curriculum approval. The Chief, Division of Law
Enforcement, in conjunction with the Indian Police Academy, shall
approve training programs and curriculum required by these standards.
(3) Outside resources. The facility shall support the integration
of IHS-approved and other training with the approval of the
administrator.
(4) Education and training. The administrator shall encourage
employees to continue their education and training.
(5) Cultural awareness. Orientation training shall include a
component on cultural issues relative to the local tribe(s).
(6) Detention officer orientation training. All new full or part-
time detention officers shall receive the number of hours of
orientation training recommended by the Chief, Division of Law
Enforcement, during their first year of employment. Employees shall
complete forty of these hours prior to being independently assigned to
work in the facility.
(7) Detention officer in-service training. All full or part-time
detention officers shall receive an additional forty hours of job-
relevant training each subsequent year of employment.
(8) Clerical and support staff orientation training. All new
clerical and support staff who have minimal inmate contact shall
receive the number of hours of orientation and training recommended by
the Chief, Division of Law Enforcement within their first year of
employment.
(9) Clerical and support staff in-service training. All clerical
and support staff shall receive an additional sixteen hours of job-
relevant training each subsequent year of employment.
(10) Administrative and managerial staff orientation training. New
administrative and managerial staff shall receive at least the number
of hours of training recommended by the Chief, Division of Law
Enforcement, within their first year of employment in this position.
(11) Administrative and managerial staff in-service training.
Administrative and managerial staff shall receive at least twenty-four
hours of job-relevant training each subsequent year of employment.
(12) Specialized training. At least one detention officer per shift
shall receive specialized training in the management of inmates with
health and behavioral problems, including substance abuse and suicide.
At least one detention officer per shift shall be certified as an
emergency medical technician. All detention staff who have contact with
inmates shall receive training in advanced first aid and CPR. The
health authority shall identify health-related training needs.
(e) Facility records--(1) Records compliance. The facility shall
comply with 5 U.S.C. 552 (the Freedom of Information Act), 5 U.S.C.
552(a) (the Privacy Act of 1974) as amended, 43 CFR 2.79(a), or
comparable tribal regulations.
(2) Records management. The facility shall have a system for the
management, dissemination, retrieval, storage, archiving and (when
appropriate) destruction of information and detention records.
(3) Law enforcement sensitive information. Law enforcement
sensitive records and information shall be marked privileged. The
administrator or designee shall keep these records in a locked cabinet
or file room.
(4) Release of information and consent. Inmates shall sign a
Release of Information Consent Form in compliance with 5 U.S.C. 552(a)
(the Privacy Act of 1974) as amended prior to the release of privileged
information. The administrator or designee shall keep a copy of the
signed release in the inmate's record.
(5) Separation of record contents. The administrator or designee
shall identify and separate contents of inmate records according to an
established format which, at a minimum, shall separate privileged from
public information.
(6) Access to information. The administrator shall define clearly
personnel who have access to inmate records.
(7) Daily report. The administrator or designee shall maintain a
daily report and provide a copy of it to the appropriate court(s). The
daily report shall identify:
(i) the names of inmates in custody, including inmates on temporary
release or in other locations;
(ii) names of inmates admitted and released;
(iii) the legal status of each inmate; and
(iv) the number of days each inmate has been in custody.
(8) Identification and location record. The facility shall maintain
a system that identifies all inmates in custody and their actual
physical location.
(9) Custody record. The facility shall maintain custody records of
all inmates held at the facility. The record shall include, but not be
limited to:
(i) initial booking form;
(ii) documented legal authority to detain the inmate;
(iii) health and suicide screening forms;
(iv) dates of court appearances;
(v) signed release of information forms;
(vi) an on-going record of cash and valuables;
(vii) dates and times of temporary releases;
(viii) names of visitors and dates of visits;
(ix) facility rules and disciplinary policy signed by the inmate;
(x) classification interview and subsequent classification actions;
(xi) reports of major disciplinary actions, significant incidents
or crimes committed while in custody;
(xii) records of program participation including work release or
inmate work programs;
(xiii) good time accumulated (if applicable); and
(xiv) final release or transfer report.
(10) Booking information. The administrator or designee shall
record booking information for every person admitted to the facility.
The record shall include at least the following data:
(i) booking number;
(ii) name and known aliases;
(iii) current or last known address;
(iv) date and time of confinement;
(v) a copy of the court order or other legal basis for detention;
(vi) name, title, agency and signature of arresting officer;
(vii) charge or charges;
(viii) date and place of birth;
(ix) ethnic origin or tribal affiliation;
(x) present or last place of employment;
(xi) emergency contact name, relationship, address and phone
number;
(xii) record of telephone calls made by arrestee at time of
admission;
(xiii) driver's license and social security number;
(xiv) identifying information, including height, weight, gender and
identifying marks, such as birthmarks, scars or tattoos;
(xv) photograph and fingerprints (optional);
(xvi) notation of cash and all property;
(xvii) initial classification and special needs;
(xviii) an indication that the health and suicide screening was
completed;
(xix) name of legal representative if any; and
(xx) name of booking officer.
(11) Conducting research. All research conducted shall comply with
federal and tribal regulations pertaining to conducting and
disseminating research findings as well as professional and scientific
ethics. The administrator, the Agency Superintendent and the Area
Director shall approve all research prior to implementation. The
administrator shall regulate voluntary inmate participation in
research.
(f) Citizen involvement and volunteers--(1) Volunteer coordinator.
The administrator shall encourage citizen participation in volunteer
programs by designating a staff member as volunteer coordinator.
(2) Volunteer plan. The volunteer coordinator shall develop and
implement a written plan for volunteer services. The volunteer
coordinator and administrator shall update the plan as necessary and
review it at least annually. The plan shall include:
(i) lines of authority;
(ii) responsibility and accountability for volunteer services;
(iii) procedures for the screening and selection of volunteers;
(iv) a volunteer orientation or training program, which is
appropriate to the nature of the assignments;
(v) a requirement that volunteers shall agree in writing to abide
by all facility rules, policies, procedures and practices, particularly
those related to security and confidentiality of information; and
(vi) a statement that the administrator may discontinue a volunteer
activity at any time by written notice.
Sec. 10.12 Physical plant.
(a) Code compliance--(1) Building and safety code compliance. If
owned by the Bureau, the facility shall comply with 29 CFR Part 1910,
Subparts D, E, G and L. If owned by a tribe, the facility shall comply
with the National Fire Protection Association (NFPA) Life Safety Code
101 Chapters 2, 4 through 7, and 14 (if new detention occupancy) or 15
(if existing detention occupancy), or comparable tribal regulations.
(2) Zoning. The facility shall comply with applicable zoning and
land use requirements.
(3) Accessibility. The facility shall comply with 25 U.S.C. 794
(the Rehabilitation Act of 1973) as amended, 41 CFR 101-19.6 (Uniform
Federal Accessibility Standards), and 43 CFR Part 17.
(4) OSHA compliance. The facility shall comply with 29 CFR Part
1910, Subparts C through E, G, K, L and S (Occupational Health and
Safety Standards) or comparable tribal regulations. If other activities
governed by sections of 29 CFR Part 1910 not identified in this
standard are carried out in the facility, the section(s) of 29 CFR Part
1910 governing that activity or comparable tribal regulations apply.
(5) Health and safety inspection. In compliance with 29 CFR Part
1960, Subparts B through D, the facility shall receive at least one
inspection each year by a qualified safety and health inspector and
Environmental Health Specialist and/or Sanitarian. Any request for
inspection shall be directed to the Area Safety Manager or Officer
through the Agency Superintendent.
(6) Furnishings and equipment code compliance. The administrator
shall maintain documentation by an independent, qualified source that
the interior furnishing materials in inmate living areas, exit areas
and places of public assembly shall be in accordance with NFPA Life
Safety Code Section 6-5 or comparable tribal regulations.
(b) Facility organization--(1) Design for supervision. Physical
plant design shall facilitate continuous personal contact and
interaction between staff and inmates.
(2) Separation of adults and juveniles. If the adult facility
temporarily holds juveniles for periods of less than twenty-four hours,
it shall comply with 42 U.S.C. 223(a)(ii) (the Juvenile Justice and
Delinquency Prevention Act of 1974) as amended and 28 CFR Part 31.
(3) Separation of classifications. The facility shall be designed
and constructed so that inmates can be separated according to the
requirements identified in these standards and the facility's
classification plan.
(4) Separation of males and females. The facility shall provide for
sight and sound separation of male and female inmates in their housing
areas.
(5) Supervision. All general population and special management
living areas shall be constructed to facilitate continuous staff
observation, excluding electronic surveillance, of cell or room fronts
and activity areas, such as dayrooms and recreation spaces.
(6) Continuously observable housing. The facility shall provide a
minimum of two single occupancy cells that can be continuously observed
by staff and which allow inmates to communicate with staff.
(7) Rated capacity. The number of inmates shall not exceed the
facility's rated capacity with the exception of mass arrests.
(8) Location. The facility shall be located conveniently for
criminal justice agencies, the health authority, community agencies and
inmates' legal representatives, families and friends.
(c) Environmental conditions--(1) Artificial light levels. Lighting
levels in inmate cells or rooms shall be at least twenty footcandles at
the desk and in the personal grooming areas. Lighting levels throughout
the facility shall be appropriate to the tasks and activities carried
out in its spaces. An independent, qualified source shall document
lighting levels.
(2) Noise levels. Noise levels shall not exceed seventy decibels in
the daytime and forty-five decibels at night. An independent, qualified
source shall document noise levels.
(3) Indoor air quality. Air circulation shall be at least ten cubic
feet of outside or recirculated filtered air per minute per occupant.
An independent, qualified source shall document air circulation.
(4) Use of tobacco. The administrator shall regulate the use of
tobacco in the facility by staff, inmates and the public.
(5) Heating and cooling. Temperatures shall be appropriate to the
summer and winter comfort zones.
(d) Security--(1) Control center. The facility shall maintain a
secure control center, which has a system for immediate communication
with the inmate living areas. The control center shall monitor and
coordinate the facility's security, life safety and communications
systems.
(2) Perimeter security. The perimeter shall be secured in a way
that inmates remain in the perimeter and that access by the general
public is denied without proper authorization. There shall be security
doors between inmate areas and areas to which the public has access.
(3) Security equipment storage. The facility shall provide space
for the secure storage of chemical agents, restraining devices and
related security equipment. The equipment shall be located outside
inmate living and activity areas in a place that is readily accessible
to authorized persons only. The facility shall store firearms in a
secure area or cabinet outside the security perimeter of the facility
in a place that is accessible only to authorized persons.
(4) Emergency exits. In compliance with 29 CFR 1910.37, designated
exits in the facility shall permit prompt evacuation of inmates and
staff members in an emergency. Facility exits shall be properly
positioned, clear and distinctly and permanently marked.
(5) Protective Holding Cells. Other than as indicated in the mass
arrest policy, single and multiple occupancy protective holding cells
shall hold no more than eight persons and shall be used only for the
temporary holding of persons during the booking process for periods of
up to eight hours. Each room or cell shall have, at a minimum:
(i) sixty square feet of floor space;
(ii) toilet facilities that are located above floor level, provide
some degree of privacy and are available for use without staff
assistance twenty-four hours a day;
(iii) hot and cold running water; and
(iv) a bed or fixed bench at or above floor level.
(6) Emergency equipment. The facility shall have the equipment
necessary to maintain essential lights, power, ventilation, power-
operated doors or locks and communication in an emergency.
(7) Visual surveillance equipment. When visual electronic
surveillance is used, it shall be located primarily in hallways,
elevators, corridors, or at points on the security perimeter such as
entrances and exits.
(e) New facility planning process--(1) New facility planning
requirement. All new construction, renovation and expansion projects
shall follow the Planning of New Institutions (PONI) process as
required by 25 CFR Part 296.
(2) Safety management review. The design and specifications for all
new construction, renovation and expansion projects shall be reviewed
by the Bureau of Indian Affairs in compliance with 29 CFR 1960,
Subparts B through D.
(f) New construction, renovation and expansion--(1) Single
occupancy requirements (general population). Only one inmate shall
occupy each cell or detention room designed for single occupancy. All
general population single rooms or cells shall have at least sixty
square feet of floor space, provided inmates spend no more than ten
hours per day locked in. When confinement exceeds ten hours per day,
there shall be at least seventy square feet of floor space. In general
population, each room or cell shall have, at a minimum:
(i) natural light;
(ii) toilet facilities with some degree of privacy that are located
above floor level and are available for use without staff assistance
twenty-four hours a day;
(iii) a wash basin with hot and cold running water;
(iv) access to showers; and
(v) a bed above floor level, a desk or writing surface, safety-type
hooks or closet space, and a chair or stool.
(2) Single occupancy requirements (special management). Only one
inmate shall occupy each cell or detention room designed for single
occupancy. The facility shall provide single cell occupancy for special
management classifications and other classifications as defined and
justified in the PONI program. At least one special management cell
shall be vented directly to the exterior. In special management,
segregation rooms shall provide living conditions that approximate
those of the general inmate population. All exceptions shall be clearly
documented. Each special management room or cell shall have, at a
minimum:
(i) natural light;
(ii) a minimum of seventy square feet of floor space;
(iii) toilet facilities with some degree of privacy that are
located above floor level and that are available for use without staff
assistance twenty-four hours a day;
(iv) access to showers;
(v) hot and cold running water; and
(vi) a bed at or above floor level, a desk or writing surface, and
a stool.
(3) Multiple occupancy requirements. Where used, multiple occupancy
rooms or cells shall house inmates, who have been screened for
suitability to group living and classified accordingly. The rooms shall
provide:
(i) continuous observation by staff;
(ii) a minimum of fifty square feet of floor space per occupant in
the sleeping area and a clear floor-to-ceiling height of not less than
eight feet;
(iii) natural light;
(iv) a toilet(s) with some degree of privacy;
(v) an operable wash basin(s) with hot and cold running water;
(vi) access to showers; and
(vii) beds above floor level and a locker or container for each
occupant's belongings.
(4) Space, furnishings and conditions for dayrooms. The facility
shall provide separate dayroom space for each cellblock or detention
room cluster. The dayroom shall provide:
(i) natural light;
(ii) a minimum of thirty-five square feet of space per inmate
exclusive of lavatories;
(iii) showers and toilets with some degree of privacy; and
(iv) seating and writing surfaces, appropriate to the
classification which uses this space, sufficient for the number of
inmates who use the dayroom at one time.
(5) Toilets. The facility shall provide operable toilets at a
minimum ratio of one for every twelve inmates in male facilities and
one for every eight inmates in female facilities. Urinals may be
substituted for up to one-half of the toilets in male facilities. All
housing units with three or more inmates shall have two toilets.
(6) Wash basins. Inmates shall have access to operable wash basins
with hot and cold running water in the housing units at a minimum ratio
of one basin for every twelve occupants.
(7) Showers. Inmates shall have access to operable showers with
temperature-controlled hot and cold running water at a minimum of one
shower for every eight inmates. Water for showers shall be
thermostatically controlled to temperatures ranging from one hundred
degrees to one hundred-twenty degrees Fahrenheit.
(8) Housing for the disabled. Disabled inmates shall be housed in a
manner that provides for their safety in compliance with 25 U.S.C. 794
(the Rehabilitation Act of 1973) as amended, 41 CFR 101-19.6 (Uniform
Federal Accessibility Standards), and 43 CFR Part 17, yet prevents
their being discriminated against in their use of the facility.
(9) Work or education release housing. Inmates who participate in
work or education release programs shall be housed separately from
inmates in the general population.
(10) Exercise and recreation areas. The facility shall provide
secure outdoor, covered or enclosed exercise areas. Outdoor exercise
areas shall be a minimum of one thousand five hundred square feet of
unencumbered space; covered and enclosed exercise areas shall provide a
minimum of one thousand square feet of unencumbered space. Exercise
areas shall be adequate in size and type to ensure that each inmate
shall be offered at least one hour of access daily regardless of
climatic conditions.
(11) Multi-purpose and interview rooms. The facility shall provide
a minimum of one accessible multi-purpose room and one accessible
interview room.
(12) Program area toilets. The facility shall provide toilets with
some degree of privacy and wash basins, which are accessible to
inmates, in or adjacent to activity areas.
(13) Visiting spaces. The facility shall provide a secure visiting
room and, when appropriate, space in which contact visiting can occur.
The space shall facilitate staff observation of visiting. The facility
shall provide secure space outside the security perimeter for the
storage of visitors' personal items.
(14) Food service spaces. When the facility provides for food
preparation, it shall have adequate space for food processing, storage,
refrigeration and sanitation. Toilet and wash basin facilities shall be
available to food service personnel and inmates in the vicinity of the
food preparation area. The square footage of the kitchen shall be
appropriate to the needs of the facility. If dining occurs outside the
dayroom, the facility shall provide a minimum of fifteen square feet
per occupant.
(15) Storage space. The facility shall provide the following
storage spaces:
(i) a secure, well-ventilated janitor closet, which includes sink
and adequate space for the storage of cleaning implements and supplies;
(ii) secure storage, located outside the secure area, for
flammable, toxic and caustic items; and
(iii) storage for inmate clothing, bedding, mattresses, personal
hygiene items and facility supplies.
(16) Laundry. The facility shall provide access to laundry services
or laundry space and equipment.
(17) Booking. The facility shall provide an intake/booking and
release area which shall be located inside the security perimeter, but
outside inmate living quarters. The booking area shall include:
(i) an intake/booking work area;
(ii) sallyport;
(iii) access to operable toilets, with some degree of privacy, wash
basins, drinking water and showers;
(iv) space for alcohol and drug testing equipment;
(v) space for inmate identification equipment;
(vi) a secure, well-ventilated storage room for inmates' personal
property;
(vii) telephone(s), which can be used by inmates;
(viii) private interview spaces;
(ix) temporary holding rooms or waiting spaces with sufficient
fixed seating for all inmates at their rated capacities; and
(x) access to continuously observable protective holding cells for
the safe holding of intoxicated individuals.
(18) Medical examination room. The facility shall provide a space
in which private medical examinations of inmates can occur. The space
shall provide for private examination of patients, hand washing,
storage of equipment used in the examination room and a work surface
for health care personnel.
(19) Staff toilets. The facility shall provide staff toilets that
shall not be used by inmates inside the secure area of the facility.
(20) Public spaces. The facility shall provide public restroom(s)
and a public lobby with an adequate number of seats to accommodate
anticipated visitors outside the secure perimeter.
(21) Administration. The facility shall provide adequate space for
its administrative functions. This space shall include an office for
the administrator, work space for clerical staff, space for duplicating
equipment, supply and equipment storage, space for storage of facility
records and space for meetings.
(22) Staff. The facility shall provide adequate space for staff
assigned to work in the facility. These spaces shall include an area in
which they can store personal property, change clothes and shower and
an area in which training, meetings, briefings and breaks can occur.
(23) Mechanical. The facility shall provide separate and adequate
space for mechanical systems and equipment.
(g) Existing construction--(1) Occupancy by one inmate. Only one
inmate shall occupy each cell or detention room designed for single
occupancy.
(2) Single occupancy space requirements. All single rooms or cells
shall have at least sixty square feet of floor space, provided inmates
spend no more than ten hours per day locked in. When confinement
exceeds ten hours per day, there shall be at least seventy square feet
of floor space.
(3) Multiple occupancy space requirements. Where used, multiple
occupancy rooms or cells shall house inmates, who have been screened
for suitability to and classified for group living. The rooms shall
provide:
(i) continuous observation by staff;
(ii) a minimum of fifty square feet of floor space per occupant in
the sleeping area and a clear floor-to-ceiling height of not less than
eight feet;
(iii) natural light;
(iv) a toilet(s) with some degree of privacy;
(v) an operable wash basin(s) with hot and cold running water;
(vi) access to showers; and
(vii) beds above floor level and a locker or container for each
occupant's belongings.
(4) Single occupancy furnishings and conditions (general
population). Each room or cell shall have, at a minimum:
(i) natural light;
(ii) toilet facilities with some degree of privacy that are located
above floor level and that are available for use without staff
assistance twenty-four hours a day;
(iii) a wash basin with hot and cold running water;
(iv) access to showers; and
(v) a bed above floor level, a desk or writing surface, safety-type
hooks or closet space, and a chair or stool.
(5) Single occupancy furnishings and conditions (special
management). Segregation rooms shall provide living conditions that
approximate those of the general inmate population; all exceptions
shall be clearly documented. Each room or cell shall have, at a
minimum:
(i) natural light;
(ii) a minimum of seventy square feet of floor space;
(iii) toilet facilities with some degree of privacy that are
located above floor level and are available for use without staff
assistance twenty-four hours a day;
(iv) access to showers;
(v) hot and cold running water; and
(vi) a bed at or above floor level, a desk or writing surface, and
a stool.
(6) Space, furnishings and conditions for dayrooms. The facility
shall provide separate dayroom space. The dayroom shall provide:
(i) a minimum of thirty-five square feet of space per inmate
exclusive of lavatories;
(ii) showers and toilets with some degree of privacy; and
(iii) seating and writing surfaces, appropriate to the
classification which uses this space, sufficient for the number of
inmates who use the dayroom at one time.
(7) Toilets. The facility shall provide operable toilets at a
minimum ratio of one for every twelve inmates in male facilities and
one for every eight inmates in female facilities. Urinals may be
substituted for up to one-half of the toilets in male facilities. All
housing units with three or more inmates shall have two toilets.
(8) Wash basins. Inmates shall have access to operable wash basins
with hot and cold running water in the housing units at a minimum ratio
of one basin for every twelve occupants.
(9) Showers. Inmates shall have access to operable showers with
temperature-controlled hot and cold running water at a minimum of one
shower for every eight inmates. Water for showers shall be controlled
thermostatically to temperatures ranging from one hundred degrees to
one hundred-twenty degrees Fahrenheit.
(10) Housing for the disabled. Disabled inmates shall be housed in
a manner that provides for their safety in compliance with 25 U.S.C.
794 (the Rehabilitation Act of 1973) as amended, 41 CFR 101-19.6
(Uniform Federal Accessibility Standards), and 43 CFR Part 17, yet
prevents their being discriminated against in their use of the
facility.
(11) Work or education release housing. Inmates who participate in
work or education release programs shall be housed separately from
inmates in the general population.
(12) Exercise and recreation. The facility shall provide secure
outdoor, covered or enclosed exercise areas. Exercise areas shall be
adequate in size and type to ensure that each inmate shall be offered
at least one hour of access daily regardless of climatic conditions.
(13) Program Spaces. The facility shall provide a minimum of one
accessible multi-purpose room.
(14) Visiting Spaces. The facility shall provide a visiting room,
which allows staff to observe visiting.
(15) Dining. If dining occurs outside the dayroom, the facility
shall provide a minimum of fifteen square feet per occupant.
(16) Food Service Spaces. When the facility provides for food
preparation, it shall have adequate space for food processing, storage,
refrigeration and sanitation. Toilet and wash basin facilities shall be
available to food service personnel and inmates in the vicinity of the
food preparation area. The square footage of the kitchen shall be
appropriate to the needs of the facility.
(17) Janitor closet. The facility shall provide a secure, well-
ventilated janitor closet, which includes sink and adequate space for
the storage of cleaning implements and supplies.
(18) Storage of toxic, flammable and caustic items. The facility
shall provide secure storage, outside the secure area, for flammable,
toxic and caustic items.
(19) Clothing and supply storage. The facility shall provide
storage space for inmate clothing, bedding, mattresses, personal
hygiene items and facility supplies.
(20) Laundry. The facility shall provide access to laundry services
or laundry space and equipment.
(21) Booking. The facility shall provide an intake/booking and
release area which shall be located inside the security perimeter, but
outside inmate living quarters. The booking area shall include:
(i) an intake/booking work area;
(ii) sallyport;
(iii) access to operable toilets, wash basins, drinking water and
showers;
(iv) space for alcohol and drug testing equipment;
(v) space for inmate identification equipment;
(vi) a secure, well-ventilated storage room for inmates' personal
property;
(vii) telephone(s), which can be used by inmates;
(viii) private interview spaces;
(ix) temporary holding rooms or waiting spaces with sufficient
fixed seating for all inmates at their rated capacities; and
(x) access to continuously observable protective holding cells for
the safe holding of intoxicated individuals.
(22) Medical examination room. The facility shall provide a space
in which private medical examinations of inmates can occur. The space
shall provide for private examination of patients, hand washing,
storage of equipment used in the examination room and a work surface
for health care personnel.
(23) Staff toilets. The facility shall provide staff toilets inside
the secure area of the facility that inmates shall not use.
(24) Public spaces. The facility shall provide public restroom(s)
and a public lobby with an adequate number of seats to accommodate
anticipated visitors outside the secure perimeter.
(25) Administration. The facility shall provide adequate space for
its administrative functions.
(26) Staff. The facility shall provide adequate space for staff
assigned to work in the facility.
(27) Mechanical. The facility shall provide separate and adequate
space for mechanical systems and equipment.
Sec. 10.13 Institutional operations.
(a) Security and control.--(1) Perimeter access. All security
perimeter entrances and control center doors shall be kept locked,
except when used for supervised entry or exit of employees, inmates, or
visitors and in emergencies.
(2) Location of detention officer posts. Detention officer posts
shall be located in or immediately adjacent to inmate living areas to
permit officers to hear and respond promptly to emergency situations.
(3) Full coverage of detention officer posts. Staff shall be
provided for full, around-the clock coverage of designated security
posts, full surveillance of inmates and performance of other detention
functions.
(4) Supervision of high security areas. A staff member shall enter
a high security area only when another staff member is immediately
available to provide assistance.
(5) Supervision of coed activities. Facility staff shall supervise
male and female inmates in coed activities and spaces continuously and
directly.
(6) Male and female staff requirement. When both males and females
are housed in the facility, at least one male and female staff member
shall be on duty at all times.
(7) Prohibited supervision. No inmate or group of inmates shall be
given control or authority over other inmates.
(8) Cell checks. A detention officer personally shall observe high
and medium security inmates at least every thirty minutes, but on an
irregular schedule. The administrator shall require observation every
fifteen minutes for inmates who are mentally disordered or who
demonstrate unusual or bizarre behavior and continuous observation of
suicidal inmates.
(9) Counts. The facility shall have a system to physically count
inmates that includes strict accountability for inmates assigned to
work and education release and other approved temporary releases.
(10) Movement. Detention staff shall regulate inmate movement.
(11) Transportation of inmates. The administrator shall govern the
safe and secure transportation of inmates outside the facility.
(12) Use of vehicles. The administrator shall govern the use of
departmental and personal vehicles for official purposes and shall
prohibit the use of personal vehicles for transportation of inmates.
(13) Shift activity log. The facility shall maintain a written
record of the following:
(i) personnel on duty;
(ii) inmate population at the beginning and end of each shift;
(iii) record of counts taken;
(iv) shift activities;
(v) entry and exit of professional and other visitors;
(vi) unusual occurrences or incidents;
(vii) hours of programs provided; and
(viii) clothing and linen exchange.
(14) Weekly inspection. The administrator or designee shall inspect
all facility spaces and devices at least weekly to determine the status
of all security items and the sanitary condition of the facility. The
administrator or designee shall document the inspection and shall
initiate corrective action if needed.
(15) Monthly inspection. The administrator shall inspect all areas
of the facility at least monthly to inventory security equipment to
determine numbers, usefulness and expiration dates, to determine the
status of all security and safety items, and to determine the sanitary
condition of the facility. The administrator shall document the
inspection and shall initiate corrective action if needed.
(16) Fire safety inspection. A qualified fire protection specialist
shall inspect the facility to test the fire suppression and detection
system, equipment and facility training in compliance with 29 CFR
1910.36(d), 1910.37(m), 1910.37(n), 1910.38, and 29 CFR 1960, Subpart
D.
(17) Use of restraints. Staff shall use instruments of restraint
only as a precaution against escape during transfer, for medical
reasons at the direction of the health authority, and as a prevention
against inmate self-injury, injury to others or property damage. Staff
shall apply restraints only with the approval of the administrator or
designee and only for the amount of time that is absolutely necessary.
(18) Security equipment issue. The administrator shall maintain a
written record of routine and emergency distributions of security
equipment.
(19) Contraband control. The administrator shall provide for
searches of facilities and inmates to control contraband and to provide
for its disposition. When a new crime is suspected, the administrator
shall be notified. The administrator shall maintain and make available
to the appropriate authorities all evidence.
(20) Body cavity and visual inspections. Manual or instrument
inspection of inmate body cavities shall be conducted only by health
care staff, when there is reason to do so, and when authorized by the
administrator or designee. Trained staff shall conduct visual
inspections of unclothed inmates only when there is a reasonable belief
that the inmate is carrying contraband or other prohibited material.
Medical personnel shall conduct all manual or instrument inspections in
private. Trained staff of the same sex as the inmate shall conduct all
visual inspections in private.
(21) Key and tool control. The administrator shall govern the
control, issuance, use and storage of keys, tools and culinary and
medical equipment.
(22) Use of force and firearms. The facility shall comply with 25
CFR 11.304 with regard to the use of force, firearms, chemical agents,
or any other weapon.
(b) Safety and emergency procedures--(1) Fire prevention. The
administrator shall govern the storage and use of all flammable, toxic
and caustic materials, the use of non-combustible receptacles for
smoking materials, the amount of personal items, including reading
materials, which inmates may keep in their living units and the amount
and location of items stored in the facility.
(2) Preventive maintenance. The administrator or designee shall
develop a written plan for preventive maintenance of the facility. The
administrator shall review the plan annually and shall update it as
needed. If tribally operated, the plan shall be supported by a
Memorandum of Agreement between the tribe and the Agency.
(3) Emergency system testing. In compliance with 29 CFR 1910.38,
emergency power generators shall be inspected weekly and tested under
load at intervals of not more than thirty days.
(4) Evacuation plan. The administrator shall develop a written
evacuation plan prepared in case of fire or major emergency. The plan
shall comply with 29 CFR 1910.38 or comparable tribal code. The
applicable Safety Officer or designee shall review and approve the plan
initially and annually. The administrator shall update and reissue the
plan if necessary. The plan shall include:
(i) means of immediate release of inmates from locked areas;
(ii) location of floor plans;
(iii) use of exit signs and directional arrows for traffic flow;
(iv) location of a publicly posted plan;
(v) at least quarterly drills in all facility locations; and
(vi) coordination with the fire department which services the
facility.
(5) Emergency plans. The administrator or designee shall develop
written plans that specify procedures to be followed in emergency
situations. The administrator shall make these plans available to
applicable personnel and shall review and update them at least
annually. All facility personnel shall be trained in the implementation
of these plans. Emergency situations shall include, but not be limited
to:
(i) riots and disturbances;
(ii) hunger strikes;
(iii) hostage situations;
(iv) work stoppages;
(v) unattended deaths, including successful suicides;
(vi) attempted suicides;
(vii) escapes and unauthorized absences; and
(viii) other threats to the security of the facility.
(6) Incident reporting. The administrator shall require the
immediate reporting of all incidents that result in physical harm to
any person, threaten the safety of any person, result in the need for
emergency care, result in damage to the facility or facility property,
threaten the security of the facility, or involve the commission of a
criminal offense. The administrator shall forward the reports to the
Agency Superintendent through the appropriate chain of command.
(7) Medical treatment (incident). The administrator or designee
shall ensure that all persons injured in an incident receive an
immediate medical examination and treatment.
(8) Notification of family. The administrator shall provide for the
notification of persons designated by the inmate in the event of
serious illness, injury or death.
(c) Rules and discipline--(1) Rules of conduct. The administrator
shall develop written rules of inmate conduct that specify acts
prohibited within the facility and penalties that may be imposed for
various degrees of violations. The administrator or designee shall
provide these rules to all inmates and shall ensure that all inmates
understand them. All personnel who deal with inmates shall receive
sufficient training prior to working in the facility to be thoroughly
familiar with the rules of inmate conduct, the sanctions available and
the rationale for the rules. The administrator shall review the written
rules of inmate conduct annually and update them, if necessary, to
ensure that they are consistent with constitutional and legal
principles and BIA and tribal standards and codes.
(2) Minor infractions. The administrator shall provide guidelines
for the informal resolution of minor inmate misbehavior.
(3) Grievance procedure. The administrator or designee shall make a
written grievance procedure available to all inmates. The procedure
shall include at least one level of appeal.
(4) Criminal violations. In instances in which an inmate is alleged
to have committed a crime, the administrator or designee shall refer
the case to the appropriate law enforcement officials for possible
prosecution.
(5) Disciplinary reports. When rule violations require formal
resolution, staff members shall prepare a disciplinary report and
forward it to the administrator or designee. The disciplinary report
shall include, but not be limited to:
(i) specific rules violated;
(ii) a formal statement of the charge(s);
(iii) an explanation of the event, which shall include who was
involved, what transpired and the time and location of the occurrence;
(iv) unusual inmate behavior;
(v) staff witnesses;
(vi) disposition of any physical evidence;
(vii) any immediate action taken, including the use of force;
(viii) reporting staff member's signature; and
(ix) date and time the report is made.
(6) Disciplinary process. Inmates shall receive notification of the
rules violated, a formal statement of the charge, a description of the
incident and notice of the date and time of hearing. The administrator
or designee shall advise inmates of their rights to be present at the
hearing, to call witnesses on their behalf, to make a statement, to
present documentary evidence, and to ask for assistance from staff in
representing them at the hearing. An impartial person or panel of
persons shall conduct the hearing.
(7) Pre-hearing detention. The administrator shall provide for the
pre-hearing segregation of inmates who are charged with a rule
violation if the safety of the inmate, other inmates, staff or the
security of the facility is at stake.
(8) Disciplinary detention. The administrator or designee shall
place inmates in disciplinary detention for a rule violation only after
a hearing.
(9) Record of disciplinary hearing. The persons conducting the
disciplinary hearing shall make a written copy of the decision and its
disposition and shall provide copies to the inmate and administrator
for review. Inmates shall have the right to appeal the decision to the
administrator or the next level of authority. The disciplinary report
shall be removed from all files of inmates found not guilty of an
alleged rule violation.
(d) Special management and segregation--(1) Types. When special
management units exist, the administrator shall govern the supervision
of inmates in the following categories: administrative segregation,
disciplinary segregation, protective custody and medical segregation.
(2) Immediate segregation. The administrator or designee may order
immediate segregation when it is necessary to protect the inmate or
others. This action shall be reviewed within three working days by the
classification, disciplinary or appropriate authority, depending on the
type of segregation ordered.
(3) Administrative segregation and protective custody. The
administrator or designee shall classify inmates to special management
for administrative segregation or protective custody only when there is
documentation that this action is warranted and that no reasonable
alternatives are available.
(4) Medical/mental health segregation. The administrator shall
classify inmates to special management for medical reasons only at the
direction of the health authority.
(5) Review of special management status and inmates. The
administrator or designee shall review the status of special management
inmates every five working days. A supervisor shall visit inmates in
special management daily; program staff shall visit on request.
(6) Release from special management. A review process shall be used
to release an inmate from special management.
(7) Supervision. A detention officer shall personally observe all
special management inmates at least every fifteen minutes on an
irregular schedule. A detention officer shall personally observe
inmates who are violent, mentally disordered, have medical conditions
requiring a higher degree of supervision, or who demonstrate unusual or
bizarre behavior, more frequently. A detention officer shall
continuously observe suicidal inmates. The facility shall maintain a
permanent log of significant events and activities in the special
management unit.
(8) Special management operations. The administrator or designee
shall give all inmates in special management the opportunity to shave
and shower at least three times a week and to write and receive
correspondence on the same basis as inmates in general population. The
administrator or designee shall grant inmates in special management
access to legal and reading materials, telephone access to their legal
representative and to family members in emergencies as defined by the
administrator or designee. Inmates in special management shall receive
the same meals as inmates in general population and shall retain the
right to practice their religion, subject only to the limitations
necessary to maintain institutional order and security.
(9) Privileges (all special management inmates). Unless there are
substantial, documented reasons for withholding these privileges, the
administrator or designee shall provide to all inmates in special
management linen, clothing, bedding, barbering and hair care services
on the same basis as inmates in general population. Inmates in special
management shall be allowed opportunities for visiting, shall receive a
minimum of one hour of exercise a day, outside their cells, five days a
week, and shall be granted access to their legal representative.
(10) Privileges (non-disciplinary detention). Unless there are
substantial, documented reasons for withholding these privileges, all
inmates in special management except for those in disciplinary
detention shall have telephone privileges approved by the administrator
and shall have access to the same type of programs and services as are
available to inmates in general population.
(11) Deprivation of activity or item. Whenever an inmate in special
management is deprived of any usually authorized item or activity, the
supervisor shall complete a report of the action and forward it to the
administrator within one working day.
(e) Inmate rights--(1) Access to courts, counsel and legal
materials. Inmates shall have the right to have access to attorneys,
legal representatives, the courts and legal materials and to address
uncensored communications to governmental authorities.
(2) Freedom from discrimination. Inmates shall have the right to be
free from discrimination based on race, religion, national origin,
tribal affiliation, sex, disability, political beliefs, favoritism or
nepotism. Inmates shall have the right to equal access to programs and
work assignments as provided in the classification program.
(3) Equal access for women. Male and female inmates shall have the
right to equal access to programs and services.
(4) Right to communicate. Inmates shall have the right to receive
visits and to communicate or correspond with persons or organizations,
subject only to the limitations necessary to maintain order and
security.
(5) Protection from harm. Inmates shall have the right to
protection from personal abuse, corporal punishment, personal injury,
disease, property damage and harassment, by either staff or inmates.
(6) Freedom of personal grooming. Inmates shall have the right to
determine the length and style of scalp or facial hair, unless health
and safety reasons exist.
(7) Treatment. Inmates shall have the right to medical, dental,
mental health and substance abuse treatment and rehabilitative services
as directed by the health authority.
(f) Booking--(1) Booking process. Written procedures for booking
new inmates shall include, at a minimum:
(i) verification of court commitment papers or other legal
documentation for detention;
(ii) complete search of the individual and possessions;
(iii) inventory and storage of clothing and personal property;
(iv) health screening, including tests for infectious diseases as
required by the health authority;
(v) emergency health assessment, as required by law, regulations or
policies of the health authority;
(vi) opportunity to make at least three local or collect long-
distance telephone calls;
(vii) shower, hair care and treatment for ectoparasites if
necessary;
(viii) issue of clean clothing and personal hygiene items;
(ix) completion of a booking form as required by these standards;
(x) suicide screening;
(xi) orientation, classification and assignment to a housing unit;
and
(xii) optional photographing and/or fingerprinting.
(2) Mass arrests. Written plans shall govern temporary space
arrangements and procedures to be followed in the event of a mass
arrest that exceeds the maximum capacity of the facility. The
administrator or designee shall update the plans as needed and review
them at least annually.
(3) Suicide screening. The administrator shall ensure that all
inmates shall be screened for risk of suicide at the time of booking.
When a risk is identified, detention staff shall make an emergency
referral to the health authority for evaluation by a health care
professional and shall monitor the inmate until the assessment has been
completed.
(4) Orientation. All newly admitted inmates shall receive written
or oral information in the language they understand. The admitting
officer shall document completion of orientation by a statement that
shall be signed and dated by the inmates. The facility shall separate
newly admitted inmates until completion of the orientation process. The
orientation shall include, but is not limited to:
(i) inmate rules of conduct and potential disciplinary actions that
may be taken;
(ii) programs and services available in the facility;
(iii) procedures for accessing health care services; and
(iv) inmate rights and privileges.
(5) Personal property inventory. The admitting officer shall
complete a written, itemized inventory of all personal property of
newly admitted inmates and shall store securely all inmate property,
including money and other valuables. The admitting officer shall give
the inmate a receipt for all property held until release.
(6) Regulation of inmate property. The administrator or designee
shall identify personal property that inmates may receive or keep in
their possession while in the facility, the sources from which these
items may be obtained and how these items are received and inspected.
(g) Classification--(1) Classification policy. The administrator or
designee shall provide for inmate classification in terms of the
custody level, housing assignment and program participation. The
administrator shall review these policies and procedures annually and
update them as necessary.
(2) Classification plan. The administrator or designee shall
develop a written classification plan, which includes, at a minimum:
(i) criteria and procedures for determining and changing the status
of an inmate relative to custody, transfer and major changes in program
participation;
(ii) an appeals process for classification decisions; and
(iii) the separate management of the following categories of
inmates: male and female, criminal and witnesses/civil, education and
work release, special needs inmates (substance abusers, disabled,
etc.), juveniles (if detained if held in this facility in accordance
with standards) and special management (disciplinary segregation,
administrative segregation, protective custody and medical
segregation).
(3) Prohibited segregations. The administrator shall prohibit the
segregation of inmates by race, color, creed, tribal affiliation,
national origin, political beliefs, nepotism, favoritism or other
prohibited criteria.
(h) Food service--(1) Food service records. At a minimum, the
facility shall maintain records of the number of meals served to the
inmate population, the expenditures for food supplies and menus
(planned and as served).
(2) Dietary allowances. The facility shall document that a
registered dietician reviews dietary allowances at least annually to
ensure compliance with nationally recommended food allowances. A diet
manual, approved by a registered dietician, shall guide dietary
allowances, including special diets.
(3) Menu planning. The administrator or designee shall plan, date
and make all menus available for review at least one week in advance.
The administrator or designee shall make notations of any
substitutions, which shall be of equal nutritional value, in the meals
actually served. The administrator or designee shall consider Native
American food preferences in menu planning. The administrator or
designee shall direct that menu evaluations shall be conducted at least
quarterly to verify adherence to the nationally recommended basic daily
servings.
(4) Medical special diets. The administrator or designee shall
provide for special diets that are prescribed by appropriate medical or
dental personnel.
(5) Religious preference special diets. The administrator or
designee shall provide for special diets for inmates whose beliefs
require adherence to religious dietary laws.
(6) Food and discipline. The administrator shall prohibit the use
of food as a disciplinary measure.
(7) Health protection. Food service facilities and equipment shall
meet health and safety standards. Food service personnel and inmates
working in the food service area shall comply with applicable health
regulations. The administrator or designee shall document compliance
with health and safety regulations, including but not limited to, a
pre-assignment medical examination.
(8) Inspections of food products. The appropriate government agency
shall inspect and approve food products that are grown or produced
within the system. The administrator or designee shall implement a
distribution system that ensures prompt delivery of foodstuffs.
(9) Inspection of food service area. The administrator or designee
shall conduct a weekly inspection of all food service areas and
equipment to ensure that they are sanitary, that all food storage areas
are temperature controlled, and that food service personnel have made
daily checks of refrigerator and water temperatures.
(10) Meal service. The facility shall serve meals under the direct
supervision of staff. The facility shall provide at least three meals,
of which two shall be hot, served at regular meal times during each
twenty-four hour period, with no more than fourteen hours between the
evening meal and breakfast. Provided that basic nutritional goals are
met, variations may be allowed based on weekend and holiday food
service demands.
(i) Sanitation and hygiene--(1) Water supply. The administrator
shall maintain documentation that the entity which provides the
facility's water source, supply, storage and distribution system meets
the requirements of 42 U.S.C. 300g-6 (the Safe Drinking Water Act).
(2) Sewage system. The administrator shall maintain documentation
that entity which provides the facility's sewage system complies with
33 U.S.C. 1251 et seq. (the Clean Water Act of 1977.
(3) Sanitation plan. The administrator or designee, in cooperation
with the BIA or tribal maintenance program, shall develop a written
housekeeping plan for all areas of the physical plant. The
administrator or designee shall update the plan as needed and review it
at least annually. The plan shall provide for daily housekeeping and
regular maintenance by assigning specific duties to staff, inmates and
BIA or tribal Facility Maintenance. The plan shall require that:
(i) facility floors be kept clean, dry and free of hazardous
substances;
(ii) a qualified person conduct monthly inspections to control
vermin and pests;
(iii) solid and liquid wastes be disposed of properly;
(iv) clean, suitable and presentable clothing, bedding, linens and
towels be issued to new inmates and exchanged on at least a weekly
basis;
(v) necessary cleaning and storage of inmate personal clothing be
provided;
(vi) articles needed for personal hygiene be furnished; and
(vii) sufficient facilities in the housing areas to permit inmates
to shower or bathe on admission to the facility and daily thereafter.
(4) Special clothing issue. The facility shall provide for the
issue of special, and where appropriate, protective clothing and
equipment to inmates participating in special work assignments. Such
clothing shall be available in quantities that permit exchange as
frequently as the work assignment requires.
(5) Hair care. The administrator or designee shall allow inmates to
arrange for hair cutting services.
(j) Health care--(1) Written health care plan. A written plan shall
provide for the delivery of health care services, including medical,
dental, mental health and substance abuse treatment, under the control
of a designated health authority. The plan shall include the
participation of the Indian Health Service (IHS), social services and
tribal health care providers. A Memorandum of Agreement between the
administrator and the Director of the appropriate Indian IHS Service
Unit or IHS contract health care provider shall document the health
care plan. When this authority is other than a physician, final medical
judgment shall rest with a single responsible physician, designated by
the appropriate health authority, who shall meet the applicable
licensure requirements.
(2) Health program coordinator. In facilities without full-time,
qualified health personnel, a health-trained staff member shall
coordinate the health care delivery system in the facility under the
joint supervision of the responsible health authority and the
administrator.
(3) Annual review. The administrator and the health authority shall
update the plan as needed, review it annually to determine program
needs including staffing, equipment and supplies and document its
review by signature and date.
(4) Medical/mental health judgment. Medical, dental and mental
health matters involving clinical judgements shall be the sole province
of the responsible physician, dentist and/or psychiatrist or qualified
psychologist.
(5) Security regulations. Security regulations applicable to
facility personnel shall apply to health personnel.
(6) Meetings with provider . The health authority shall meet with
the administrator or designee at least quarterly to review and evaluate
the health care delivery system. The health authority shall provide an
annual statistical report which documents the level and amount of
health care services provided.
(7) Review of health care policies. The health authority and the
administrator shall review and approve all policies and procedures
relative to the health care plan prior to submission of these policies
to the Chief, Division of Law Enforcement. Policies and procedures
shall be reviewed at least annually and documented by signature and
date.
(8) Health training program. The responsible health authority, in
cooperation with the administrator, shall establish a health training
program. The program shall provide instruction in the following areas:
(i) appropriate procedures to prevent the spread of communicable
diseases;
(ii) the ability to respond to health-related situations within
four minutes;
(iii) recognition of signs, symptoms and actions required in
potential emergency situations;
(iv) recognition of chronic illness;
(v) administration of first aid and cardiopulmonary resuscitation
(CPR);
(vi) methods of obtaining assistance from the health care provider;
(vii) recognition of signs and symptoms of and management of
inmates with mental illness, retardation, emotional disturbance,
chemical dependency and suicidal behavior; and
(viii) procedures for patient transfers to appropriate medical
facilities or health care providers.
(9) Sick call. The administrator or designee shall provide for the
collection and referral of inmate requests for health care.The facility
shall have a system of sick call in-house or at the health care
facility. The system shall provide for referral of inmates by staff for
medical or other behavioral health evaluation, i.e, mental health,
substance abuse, suicide. Sick call shall be held no less than once per
week.
(10) Twenty-four-hour emergency care. The administrator and health
authority shall develop a written plan for the provision of twenty-four
hour emergency medical, dental and mental health care. The
administrator and the health authority shall update the plan as needed
and review it at least annually. At a minimum, the plan shall include:
(i) emergency evacuation of the inmate from the facility;
(ii) emergency evaluation of the inmate for medical or mental
health problems;
(iii) use of an emergency medical vehicle;
(iv) use of one or more designated hospital, clinic, emergency on-
call physician, dentist, psychiatrist, qualified psychologist or
otherwise qualified clinician; and
(v) security procedures that provide for the immediate transfer of
inmates when appropriate.
(11) Health care treatment. Health care staff or health-trained
detention staff shall perform treatment pursuant to written direct
orders by personnel authorized by law to give such orders.
(12) Medical/mental health management of inmates. Qualified health
care personnel, in conjunction with detention staff, shall develop a
written plan for the management of inmates with medical, mental health
and substance abuse problems, including suicide risks.
(13) Licensure requirements. The health authority shall comply with
all applicable federal law, licensure requirements, rules, regulations
and medical protocols in the delivery of health care services to the
inmate population.
(14) Traditional practitioners. The facility shall allow inmates to
participate in or receive traditional healing ceremonies and to use
traditional healing methods, limited only to the degree necessary to
preserve institutional security and order.
(15) Prohibited use of detainees. Inmates shall not perform direct
patient services, schedule health care appointments, determine access
of other inmates to health care services, access first aid kits, handle
or have access to surgical instruments, syringes, needles, medications,
or health records, or operate equipment for which they are not trained.
(16) Management of medications. The administrator and health
authority shall provide for the proper management of individual doses
of medications kept in the facility. The administrator and health
authority shall review the policy annually and update it as needed.
(17) Administration of medications. The administrator or designee
shall ensure that persons administering medications have received
training appropriate to their assignment. Employees shall administer
medications according to direct or physician orders and shall record
the administration of medications in a manner and on a form approved by
the responsible physician.
(18) Preliminary health care screening. Health-trained staff shall
perform medical screening of all inmates on arrival at the facility and
record findings on a printed screening form approved by the health
authority. The screening process shall include:
(i) inquiry into:
(A) current and chronic illness and health problems, including
dental problems and suicidal thoughts;
(B) sexually transmitted diseases and other infectious diseases;
(C) medication taken and special health requirements;
(D) use of alcohol and other drugs, which includes types of drugs
used, mode of use, amount used, frequency used, date or time of last
use and history of problems that may have occurred after ceasing use
(e.g., convulsions);
(E) past or present treatment or hospitalization for mental
disturbance or suicide;
(F) other health problems designated by the responsible physician;
and
(G) mental illness;
(ii) observation of:
(A) behavior, including state of consciousness, mental status,
appearance, conduct, tremor or sweating; and
(B) body deformities, trauma markings, bruises, lesions, jaundice
and ease of movements; and
(iii) disposition to:
(A) housing in general population;
(B) housing in general population and referral to appropriate heath
care service or substance abuse treatment provider; and/or
(C) referral to appropriate health care service on an emergency
basis.
(19) Health appraisal. The health authority shall provide a health
appraisal for each inmate within seven days of admission. A health-
trained professional or otherwise qualified personnel shall collect
health history and vital signs. Only qualified health care personnel
shall collect other data. The health appraisal shall include:
(i) review of the intake health screening and emergency medical
assessment if performed;
(ii) screening for diet counselling for medical reasons;
(iii) collection of additional data to complete the medical,
dental, psychiatric and immunization histories, with attention to
elements that may indicate the presence of chronic disease, such as
diabetes;
(iv) recording of height, weight, pulse, blood pressure and
temperature;
(v) administration of laboratory and other tests and examinations
as appropriate;
(vi) notation of additional comments as needed; and
(vii) initiation of therapy as appropriate.
(20) Health examination. Qualified health care personnel shall
complete a health examination for each inmate within thirty days of
admission. The examination shall include:
(i) a ``hands-on'' examination by an appropriately licensed health
care professional;
(ii) dental screening, hygiene and treatment when the health of the
inmate would be adversely affected;
(iii) mental health appraisal; and
(iv) additional health care services as indicated by qualified
health care personnel.
(21) First aid kits. The administrator shall ensure that first aid
kits are available in designated areas of the facility as determined by
the Safety Officer during the annual inspection. The health care
provider shall determine the appropriate content of first aid kits.
(22) Special medical/mental health programs. The health authority
shall provide specialized health education and treatment programs,
including, but not limited to, personal hygiene, diet and exercise,
family planning, communicable diseases, including sexually transmitted
diseases and substance abuse education, prevention, intervention and
treatment.
(23) Serious and infectious disease. The administrator and health
authority shall develop a written plan for the management of inmates
with serious and infectious disease. The administrator and health
authority shall update the plan as needed and review it at least
annually. The plan shall include, at a minimum:
(i) precautions taken to prevent the spread of disease;
(ii) special needs or requirements of the inmate;
(iii) procedures for treatment, limiting activities, if
appropriate, legally mandated reporting and medical pass-on as directed
by the health authority; and
(iv) housing location.
(24) Detoxification. The administrator and health authority shall
develop a written plan to guide the clinical management of chemically
dependent inmates. The plan shall specify the process for involving the
health authority and the substance abuse program on both a continuing
and crisis-intervention basis. The plan shall include:
(i) assessment as warranted;
(ii) detoxification under clinically supervised conditions;
(iii) diagnosis of chemical dependency;
(iv) determination as to whether an individual requires non-
pharmacologically or pharmacologically supported care; and
(v) referrals to specified community resources for the development
of individual treatment plans by a multi-disciplinary team.
(25) Substance abuse programming. The administrator and health
authority shall develop a written plan to provide substance abuse
education, intervention, assessment and treatment to inmates who are
diagnosed as substance abusers. The administrator, health authority and
substance abuse program provider shall update the plan as needed and
review it at least annually. The plan shall link existing community
programs and services to the facility program. The plan shall include,
at a minimum:
(i) assessment and evaluation;
(ii) referral for treatment, if requested or court-ordered; and
(iii) availability of appropriate self-help groups.
(26) Informed consent. The health authority shall observe informed
consent standards of the community for all inmate care, examinations,
treatments and procedures affected by informed consent. In the case of
minors, the informed consent of a parent, guardian or legal custodian
shall apply when required by law. Health care shall be rendered against
an inmate's will only in accordance with law.
(27) Participation in research. The health authority shall prohibit
the use of inmates for medical, pharmaceutical, or cosmetic
experiments. This standard shall not preclude individual treatment of
an inmate based on need for a specific medical procedure that is not
generally available.
(28) Confidentiality of health records. In compliance with 5 U.S.C.
552(a) (the Privacy Act of 1974) as amended and 42 CFR Part 2
(Regulations on Confidentiality of Alcohol and Drug Abuse Patient
Records), the health authority shall keep the health record
confidential. The health authority shall require that, at a minimum:
(i) the active health record shall be maintained separately from
the confinement record;
(ii) access to the health record shall be controlled by the health
authority; and
(iii) the health authority shall share with the administrator or
designee information regarding an inmate's medical management, security
and the ability to participate in programs.
(29) Medical record contents. The health authority shall approve
the method of recording entries in the record and the form and format
of the record. An inmate's medical/mental health record shall contain:
(i) copies of the completed intake screening form;
(ii) the health appraisal data collection form;
(iii) prescribed medications and their administration;
(iv) laboratory, x-ray and diagnostic studies;
(v) the signature and title of each documenter;
(vi) consent and refusal forms;
(vii) release of information forms;
(viii) place, date and time of health encounters;
(ix) discharge summary of hospitalization (if applicable); and
(x) health service reports (e.g., dental, psychiatric and other
consultations).
(30) Transfer of health information and records. Summaries or
copies of the health record shall be sent routinely to the health
authority of any facility to which the inmate is transferred. The
inmate shall authorize, in writing, the transfer of health records and
information, unless otherwise provided by law or administrative
regulation having the force and effect of law.
(k) Release--(1) Court programs. The facility shall cooperate with
and assist in coordinating court intervention and diversion programs,
pretrial release and probation services.
(2) Temporary release. Temporary release programs shall include:
(i) provision for release for funerals and ritual or ceremonial
purposes;
(ii) sanction by the appropriate court;
(iii) operating, screening and selection procedures;
(iv) written rules of inmate conduct;
(v) a requirement for supervision of inmates while on release;
(vi) a record-keeping system that documents dates, times and
authorization for release;
(vii) a system to evaluate program effectiveness; and
(viii) efforts to obtain community cooperation and support.
(3) Work or education release. The administrator or designee shall
allow inmates in this classification to participate in work or
education release programs. The appropriate court shall sanction
education and work release.
(4) Final release. Written procedures for final release of inmates
shall include, but shall not be limited to:
(i) verification of identity and release authority;
(ii) completion of release arrangements, including person or agency
to whom the inmate is to be released, if applicable;
(iii) verification that all inmate property leaves with the inmate
and that no facility property leaves the facility;
(iv) completion of any pending action, such as grievances or claims
for damages or lost possessions;
(v) transfer of health information if appropriate; and
(vi) transportation arrangements, if required.
(5) Sentence reduction. Where tribal code permits, the
administrator or designee shall allow sentence reduction based on
evidence of good behavior.
(6) Detainers. The presence of a detainer shall not automatically
prevent the release of an inmate from the detention facility.
Sec. 10.14 Inmate programs and services.
(a) Program coordination--(1) Availability of programs. The
facility shall make available inmate programs and services. These
programs shall include, but not be limited to, social services,
religious services, including traditional religious practices and
ceremonies, recreation and leisure time activities, counseling,
including crisis intervention, library services, education programs and
substance abuse programming. The administrator or designee shall link
facility programs and services to existing community resources.
(2) Program participation and refusal. Inmates shall have the
option to refuse to participate in facility programs, except
housekeeping assignments and court-ordered programs. The administrator
or designee shall document program participation and refusal in
writing.
(3) Program coordinator. A facility staff member or trained
volunteer shall coordinate inmate programs and services.
(b) Work programs--(1) Work assignments. The administrator or
designee shall develop a written inmate work plan that provides for
work assignments for inmates including the disabled. Work may include
facility maintenance duties and community service projects. The
administrator shall prohibit discrimination in inmate work assignments
based on race, creed, gender, age, marital status, disability or tribal
affiliation. The administrator shall not require pretrial and
unsentenced detainees to work except to perform personal housekeeping.
Any inmate may volunteer for work assignments or institutional
programs.
(2) Regulation of work programs. Facility inmate work programs
shall comply with applicable federal regulations.
(c) Recreation, library and religious programming--(1)
Comprehensive recreation program. The administrator or designee shall
permit inmates to have at least one hour a day of leisure time activity
outside the cell or room and access to active recreation activities and
equipment, including one hour daily of physical exercise, outside the
living unit.
(2) Library. The administrator or designee shall develop a written
plan to provide reading materials to inmates. The plan shall include
the location where reading materials are kept, the process by which
inmates obtain and return these materials and designation of the staff
member or trained volunteer who is responsible for library services.
The administrator shall update the plan as needed and review it
annually.
(3) Religious programs. Inmates shall have the right to practice
their religion, subject only to the limitations necessary to maintain
institutional order and security.
(d) Correspondence and telephone--(1) Regulation of correspondence.
The administrator shall regulate inmate correspondence and shall make
this policy available to all staff and inmates. The administrator shall
review this policy annually and update it as needed.
(2) Limitations on inmate correspondence. The administrator shall
not limit the volume of lawful correspondence (e.g., letters, packages
and publications) an inmate may send or receive and shall not restrict
the length, language, content or source of the correspondence, except
where there is clear and convincing evidence to justify the limitations
for reasons of public safety, facility order, or security.
(3) Indigents' correspondence. The administrator or designee shall
provide indigent inmates with a system that enables them to send a
minimum of two letters per week.
(4) Inspection of letters and packages. The administrator or
designee may open inmate letters and packages, both in-coming and out-
going, to inspect them for contraband. The administrator or designee
shall not read or reject letters or packages except where there is
reliable information that there is a threat to order and security or
that they are being used to further illegal activities. The
administrator or designee shall notify inmates when in-coming or out-
going letters are rejected. The administrator or designee shall deposit
any cash, checks, or money orders in the inmate's account and shall
issue a receipt to both the inmate and the sender. The administrator or
designee shall forward any contraband found to the appropriate law
enforcement authority. The supervisor shall forward all mail within
twenty-four hours of receipt except for Saturdays, Sundays and
holidays. Inmates shall be prohibited from carrying money.
(5) Privileged correspondence. The administrator shall permit
inmates to send sealed letters to specified groups of persons and
organizations including, but not limited to, courts, including
probation staff, counsel, officials of the confining authority,
administrators of grievance systems and the media. Mail to inmates from
this specified class of persons and organizations shall be opened only
to inspect for contraband and only in the presence of the inmate.
(6) Holding and forwarding mail. The administrator or designee
shall forward or return first-class letters and packages for inmates
after their transfer or release.
(7) Telephone. The administrator or designee shall provide for
inmate access to telephones.
(e) Visiting--(1) Visiting rules. The administrator shall establish
rules for inmate visiting.
(2) Number of visitors. The administrator or designee shall limit
the number of visitors an inmate may receive and the length of the
visits only to the degree necessary in terms of facility schedules,
space and personnel constraints except where there are substantial
reasons to justify such limitations.
(3) Sobriety statement. Facility visitors and volunteers shall sign
a sobriety statement. The statement shall stipulate that:
(i) they are not under the influence of alcohol or illegal mood-
altering substances;
(ii) they are not carrying such substances on their person or in
their belongings; and
(iii) they consent to a breath test or non-invasive search as a
condition of entry, if there is probable cause.
(4) Searches (visiting). The administrator or designee shall
provide clear instructions to staff and inmates concerning inmate and
visitor search procedures and the approval required for visual
observations of unclothed inmates.
(5) Special visits. The administrator or designee shall provide for
special visits from persons who have travelled long distances, to
hospitalized inmates and to inmates in disciplinary status.
(6) Visitor personal property. Visitors shall not bring personal
property into the secure area of the facility.
(7) Visitor registration. The administrator or designee shall
provide for visitor registration and identification on entry into the
facility.
Subpart C--Juvenile Detention Facilities
Sec. 10.21 Administration and management.
(a) General administration--(1) Mission and goals. A written
statement, which shall be updated as necessary, shall describe the
philosophy, goals and policies of the facility and its relationship to
the juvenile justice system.
(2) Administration of facility. An administrator, whose
responsibility and authority shall be documented, shall oversee each
facility. The appointment shall be based on written qualifications.
(3) Organization chart. An organization chart shall describe the
facility's organization and chain of command. The chart shall be
updated as needed.
(4) Service provider roles. A Memorandum of Agreement (MOA), which
shall be updated as needed and reviewed at least annually, shall define
the role and function of employees of public or private agencies
providing a service to the facility. The MOA shall specify the relation
of service providers to the authority and responsibility of the
administrator.
(5) Interagency meetings. The administrator shall conduct regular
meetings between the staff of juvenile justice, youth services,
education, health care, emergency shelter and detention agencies to
develop and maintain effective interagency coordination.
(6) Policy and procedure manual. All employees of the facility
shall have access to a policy and procedure manual and its supporting
documents. The Chief, Division of Law Enforcement, shall approve the
manual and its supporting documents, which shall provide for the
implementation of these standards and shall direct documentation of
compliance. The administrator shall update the manual as needed and
review it annually.
(7) Dissemination of policy and procedure. The administrator shall
disseminate approved, new, or revised policies and procedures to
designated staff, volunteers and, where appropriate, juveniles prior to
implementation. Staff shall review and indicate in writing that they
understand the content of policies and procedures prior to their
implementation.
(8) Channels of communication. The administrator or designee shall
regularly disseminate information to staff prior to the beginning of
their shift.
(9) Monitoring and assessment. The Agency Superintendent or
designee shall review and inspect operations and programs at least
annually.
(10) Annual report. The administrator shall submit a written annual
report to the Chief, Division of Law Enforcement, through the Area
Director and Agency Superintendent, and shall forward a copy to the
appropriate court and health care authority. The report shall address
goals, objectives, population data, programs and services provided,
budget, space and equipment needs and major developments.
(11) Public information program. The administrator or designee
shall provide for a public information program, which protects the
juveniles' right to privacy.
(12) Legal counsel. Legal counsel shall be available to the
administrator and other staff as needed in the performance of their
duties.
(13) Separation of adults and juveniles. If services for adult and
juvenile offenders are provided by the same agency, statements of
philosophy, policy, program and procedure shall distinguish between
criminal codes and the statutes that establish and give direction to
programs for juveniles.
(14) Prohibited uses of detention. The facility shall not detain
abused, dependent or neglected children, juveniles charged with
offenses that would not be crimes if committed by adults and juveniles
charged with delinquencies unless it is clearly shown that secure
placement is essential.
(15) Jurisdictional agreements. The administrator shall cooperate
with the proper authority in the placement and/or return of juveniles
to the requesting jurisdiction, pursuant to the provisions of any
jurisdictional agreements.
(b) Fiscal management--(1) Budgetary compliance. If operated by the
BIA, the facility shall comply with the directives of the Agency
regarding budget preparation, submission, and administration. If
operated by a tribe, the facility shall comply with the directives of
the tribe regarding budget preparation, submission, and administration.
(2) Accounting compliance. If operated by the BIA, the facility
shall comply with the Agency accounting directives. If operated by a
Tribe, the facility shall comply with Tribal accounting directives.
(3) Basis of budget. The administrator shall document a direct
relationship between the budget and planned operational, staffing and
program needs.
(4) Property management compliance. If operated by the BIA, the
facility shall comply with Agency property management directives. If
operated by a Tribe, the facility shall comply with Tribal property
management directives.
(5) Federal acquisition regulation compliance. If operated by the
BIA, the facility shall comply with Agency directives for facility
services, equipment and supply purchases. If operated by a tribe, the
facility shall comply with tribal directives for facility services,
equipment and supply purchases.
(6) Space and equipment needs and deficiencies. The administrator
shall report space and equipment needs and deficiencies annually to the
Area Director through the Agency Superintendent.
(7) Program needs and deficiencies. The administrator shall report
program needs and deficiencies, i.e., staffing, supplies, training and
contract services, annually to the Chief, Division of Law Enforcement,
through the Area Director and Agency Superintendent.
(8) Cost of juvenile board. The facility shall charge all contract
users at the same rate.
(9) Fund accounts. The administrator shall arrange for an
independent audit of juvenile fund accounts, including canteen or
commissary, following standard accounting practices. The administrator
shall use any profit or interest which accrues for the benefit of the
juveniles.
(c) Personnel--(1) Personnel policy. If operated by the BIA, the
facility shall comply with Agency personnel management directives. If
operated by a Tribe, the facility shall comply with Tribal personnel
management directives.
(2) Personnel manual. The administrator shall make a copy of the
applicable personnel manuals and regulations available to every
employee.
(3) Staffing requirements. The administrator shall review employee
workload annually to ensure that juveniles have access to staff,
programs and services. The administrator shall develop and update the
facility's shift relief factor annually.
(4) Criminal record check. The administrator or designee shall
conduct a criminal record check of all new employees, in accordance
with the Indian Child Protection and Family Violence Prevention Act of
1990 (25 U.S.C. 3201), prior to employment to determine if there are
criminal convictions that have a specific relationship to job
performance.
(5) Physical examination. All employees who have direct contact
with juveniles shall have a pre-employment physical examination. There
shall be provisions for re-examination.
(6) Physical fitness. Juvenile detention workers shall meet BIA or
comparable tribal standards for physical fitness.
(7) Code of ethics. The facility shall have a written Code of
Ethics that outlines the professional standards expected of all
employees and recognizes that detention personnel may be held to a
higher behavioral standard because of the nature of their duties.
(8) Confidentiality. Consultants, contract personnel, employees of
other public and private agencies and volunteers who work with
juveniles shall agree to comply with the facility's policies on
confidentiality of information.
(d) Training and staff development--(1) Management of training
programs. A qualified employee, who has received training in training
delivery methods, shall plan, coordinate and supervise employee and
volunteer training programs. The administrator shall identify, evaluate
and update job-related training needs annually.
(2) Training curriculum approval. The Chief, Division of Law
Enforcement, in conjunction with the Indian Police Academy, shall
approve training programs and curriculum required by these standards.
(3) Outside resources. The facility shall support the integration
of IHS-approved and other training with the approval of the
administrator.
(4) Education and training. The administrator shall encourage
employees to continue their education and training.
(5) Cultural awareness. Orientation training shall include a
component on cultural issues relative to the local tribe(s).
(6) Juvenile detention worker orientation training. All new full or
part-time juvenile detention workers shall receive the number of hours
of orientation training recommended by the Chief, Division of Law
Enforcement, during their first year of employment. Employees shall
complete forty of these hours prior to being independently assigned to
work in the facility.
(7) Juvenile detention worker in-service training. All full or
part-time juvenile detention workers shall receive an additional forty
hours of job-relevant training each subsequent year of employment.
(8) Clerical and support staff orientation training. All new
clerical and support staff who have minimal juvenile contact shall
receive the number of hours of orientation and training recommended by
the Chief, Division of Law Enforcement, within their first year of
employment.
(9) Clerical and support staff in-service training. All clerical
and support staff shall receive an additional sixteen hours of job-
relevant training each subsequent year of employment.
(10) Administrative and managerial staff orientation training. New
administrative and managerial staff shall receive at least the number
of hours of training recommended by the Chief, Division of Law
Enforcement, within their first year of employment in this position.
(11) Administrative and managerial staff in-service training.
Administrative and managerial staff shall receive at least twenty-four
hours of job-relevant training each subsequent year of employment.
(12) Specialized training. At least one juvenile detention worker
per shift shall receive specialized training in the management of
juveniles with health and behavioral problems, including substance
abuse and suicide. At least one juvenile detention worker per shift
shall be certified as an emergency medical technician. All detention
staff who have contact with juveniles shall receive training in
advanced first aid and CPR. The health authority shall identify health-
related training needs.
(e) Facility records--(1) Compliance. The facility shall comply
with 5 U.S.C. 552 (the Freedom of Information Act), 5 U.S.C. 552(a)
(the Privacy Act of 1974), as amended, 43 CFR 2.79(a), or comparable
tribal regulations.
(2) Records management. The facility shall have a system for the
management, dis semination, retrieval, storage, archiving and (when
appropriate) destruction of information and detention records.
(3) Law enforcement sensitive information. Law enforcement
sensitive records and information shall be marked privileged. The
administrator or designee shall keep these records in a locked cabi net
or file room.
(4) Release of information and consent. Juveniles shall sign a
Release of Information Consent Form in compliance with 5 U.S.C. 552(a)
(the Privacy Act of 1974) as amended prior to the release of privileged
information. The administrator or designee shall keep a copy of the
signed release in the juvenile's record.
(5) Separation of record contents. The administrator or designee
shall identify and separate contents of juvenile records according to
an established format which, at a minimum, shall separate privileged
from public information and juvenile records from those of adult
offenders.
(6) Access to information. The administrator shall define clearly
personnel who have access to juvenile records.
(7) Daily report. The administrator or designee shall maintain a
daily report and provide a copy of it to the appropriate court(s). The
daily report shall identify:
(i) the names of juveniles in custody, including juveniles on
temporary release or in other locations;
(ii) names of juveniles admitted and released;
(iii) the legal status of each juvenile; and
(iv) the number of days each juvenile has been in custody.
(8) Identification and location record. The facility shall maintain
a system that identifies all juveniles in custody and their actual
physical location.
(9) Custody record. The facility shall maintain custody records of
all juveniles held at the facility. The record shall include only
relevant and necessary information and shall be limited to:
(i) initial admission form;
(ii) documented legal authority to detain the juvenile;
(iii) health and suicide screening forms;
(iv) dates of court appearances;
(v) signed release of information forms;
(vi) an on-going record of cash and valuables;
(vii) dates and times of temporary releases;
(viii) names of visitors and dates of visits;
(ix) facility rules and disciplinary policy signed by the juvenile;
(x) classification interview and subsequent classification actions;
(xi) reports of major disciplinary actions, significant incidents
or crimes committed while in custody;
(xii) records of program participation, including temporary release
programs; and
(xiii) final release or transfer report.
(10) Admission information. The administrator or designee shall
record intake admission information for every juvenile admitted to the
facility. The record shall include at least the following data:
(i) booking number;
(ii) name and known aliases;
(iii) current or last known address;
(iv) date and time of confinement;
(v) a copy of the court order or other legal basis for detention;
(vi) name, title, agency and signature of arresting officer;
(vii) name of parent, guardian or legal custodian;
(viii) charge or charges;
(ix) date and place of birth;
(x) ethnic origin or tribal affiliation;
(xi) present or last place of employment;
(xii) emergency contact name, relationship, address and phone
number;
(xiii) record of telephone calls made by juvenile at time of
admission;
(xiv) driver's license and social security number;
(xv) identifying information, including height, weight, gender and
identifying marks such as birthmarks, scars or tattoos;
(xvi) notation of cash and all property;
(xvii) initial classification and special needs;
(xviii) an indication that the health and suicide screening was
completed;
(xix) name of legal representative if any; and
(xx) name of admitting officer.
(11) Conducting research. All research conducted shall comply with
federal and tribal regulations pertaining to conducting and
disseminating research findings as well as professional and scientific
ethics. The administrator, the Agency Superintendent and the Area
Director shall approve all research prior to implementation. The
administrator shall regulate voluntary juvenile participation in
research.
(f) Citizen involvement and volunteers--(1) Volunteer coordinator.
The administrator shall encourage citizen participation in volunteer
programs by designating a staff member as volunteer coordinator.
(2) Volunteer plan. The volunteer coordinator shall develop and
implement a written plan for volunteer services. The volunteer
coordinator and administrator shall update the plan as necessary and
review it at least annually. The plan shall include:
(i) lines of authority;
(ii) responsibility and accountability for volunteer services;
(iii) procedures for the screening and selection of volunteers;
(iv) a volunteer orientation or training program, which is
appropriate to the nature of the assignments;
(v) a requirement that volunteers shall agree in writing to abide
by all facility rules, policies, procedures and practices, particularly
those related to security and confidentiality of information; and
(vi) a statement that the administrator may discontinue a volunteer
activity at any time by written notice.
Sec. 10.22 Physical plant.
(a) Code compliance--(1) Building and safety code compliance. If
owned by the Bureau, the facility shall comply with 29 CFR Part 1910,
Subparts D, E, G and L. If owned by a tribe, the facility shall comply
with the National Fire Protection Association (NFPA) Life Safety Code
101 Chapters 2, 4 through 7, and 14 (if new detention occupancy) or 15
(if existing detention occupancy), or comparable tribal regulations.
(2) Zoning. The facility shall comply with applicable zoning and
land use requirements.
(3) Accessibility. The facility shall comply with 25 U.S.C. 794
(the Rehabilitation Act of 1973) as amended, 41 CFR 101-19.6 (Uniform
Federal Accessibility Standards), and 43 CFR Part 17.
(4) OSHA compliance. The facility shall comply with 29 CFR Part
1910, Subparts C through E, G, K, L and S (Occupational Health and
Safety Standards) or comparable tribal regulations. If other activities
governed by sections of 29 CFR Part 1910 not identified in this
standard are carried out in the facility, the section(s) of 29 CFR Part
1910 governing that activity or comparable tribal regulations apply.
(5) Health and safety inspection. In compliance with 29 CFR Part
1960, Subparts B through D, the facility shall receive at least one
inspection each year by a qualified safety and health inspector and
Environmental Health Specialist and/or Sanitarian. Any request for
inspection shall be directed to the Area Safety Manager or Officer
through the Agency Superintendent.
(6) Furnishings and equipment code compliance. The administrator
shall maintain documentation by an independent, qualified source that
the interior furnishing materials in inmate living areas, exit areas
and places of public assembly shall be in accordance with NFPA Life
Safety Code Section 6-5 or comparable tribal regulations.
(b) Facility organization--(1) Design for supervision. Physical
plant design shall facilitate continuous personal contact and
interaction between staff and juveniles.
(2) Unit size. The detention facility shall operate with living
units of no more than twenty-five juveniles each.
(3) Co-located adult and juvenile facility. If the juvenile
facility is on the grounds of any other type of detention facility, it
shall be a separate, self-contained unit. The facility shall comply
with the separation criteria of 49 CFR Parts 2054 through 2055, which
require:
(i) separation between spatial areas so that there could be no
accidental contact between juveniles and adults in their respective
facilities;
(ii) total separation in all juvenile and adult program activities
within facilities, including recreation, education, counseling, health
care, dining, sleeping and general living activities;
(iii) separate juvenile and adult staff, including management,
security and direct care staff, such as recreation, education and
counseling. Specialized services staff, such as cooks, bookkeepers and
medical professionals who are not normally in contact with detainees or
whose infrequent contacts occur under conditions of separation of
juvenile and adults, can serve both.
(iv) compliance with BIA standards and BIA accreditation.
(4) Separation of classifications. The facility shall be designed
and constructed so that juveniles can be separated according to the
requirements identified in these standards and the facility's
classification plan.
(5) Separation of males and females. Male and female juveniles
shall not share the same sleeping room.
(6) Supervision. All living areas shall be constructed to
facilitate continuous staff observation, excluding electronic
surveillance, of living and activity areas, such as dayrooms and
recreation spaces.
(7) Continuously observable housing. The facility shall provide a
minimum of two single occupancy cells that can be continuously observed
by staff and which allow juveniles to communicate with staff.
(8) Rated capacity. The number of juveniles shall not exceed the
facility's rated capacity with the exception of mass arrests.
(9) Location. The facility shall be located conveniently for
juvenile justice agencies, the health authority, community agencies and
juveniles' legal representatives, families and friends.
(c) Environmental conditions--(1) Artificial light levels. Lighting
levels in juvenile cells or rooms shall be at least twenty footcandles
at the desk and in the personal grooming areas. Lighting levels
throughout the facility shall be appropriate to the tasks and
activities carried out in its spaces. An independent, qualified source
shall document lighting levels.
(2) Noise levels. Noise levels shall not exceed seventy decibels in
the daytime and forty five decibels at night. An independent, qualified
source shall document noise levels.
(3) Indoor air quality. Air circulation shall be at least ten cubic
feet of outside or recirculated filtered air per minute per occupant.
An independent, qualified source shall document air circulation.
(4) Use of tobacco. The administrator shall prohibit the use of
tobacco in the facility by staff, juveniles and the public except in
traditional ceremonies and then only in designated areas.
(5) Heating and cooling. Temperatures shall be appropriate to the
summer and winter comfort zones.
(d) Security--(1) Control center. In secure facilities, a twenty-
four hour control area shall monitor and coordinate the facility's
security, safety and communications systems. The facility shall have a
communication system between a continuously staffed location and the
juvenile living areas.
(2) Perimeter security. The perimeter shall be secured in a way
that juveniles remain in the perimeter and that access by the general
public is denied without proper authorization. There shall be security
doors between juvenile areas and areas to which the public has access.
(3) Security equipment storage. The facility shall provide space
for the secure storage of chemical agents, restraining devices and
related security equipment. The equipment shall be located outside
juvenile living and activity areas in a place that is readily
accessible to authorized persons only. Firearms shall not be stored in
the facility other than on a temporary basis, in gunlockers located
outside the security perimeter.
(4) Emergency exits. In compliance with 29 CFR 1910.37, designated
exits in the facility shall permit prompt evacuation of juveniles and
staff members in an emergency. Facility exits shall be properly
positioned, clear and distinctly and permanently marked.
(5) Protective holding cells. Other than as indicated in the mass
arrest policy, single occupancy protective holding cells shall be used
only for the temporary holding of persons during the admission process
for periods of up to eight hours. Each room or cell shall have, at a
minimum:
(i) sixty square feet of floor space;
(ii) toilet facilities that are located above floor level, provide
some degree of privacy and are available for use without staff
assistance twenty-four hours a day;
(iii) hot and cold running water; and
(iv) a bed or fixed bench at or above floor level.
(6) Emergency equipment. The facility shall have the equipment
necessary to maintain essential lights, power, ventilation, power-
operated doors or locks and communication in an emergency.
(7) Visual surveillance equipment. When visual electronic
surveillance is used, it shall be located primarily in hallways,
elevators, corridors, or at points on the security perimeter such as
entrances and exits.
(e) New facility planning process--(1) New facility planning
requirement. All new construction, renovation and expansion projects
shall follow the Planning of New Institutions (PONI) process as
required by 25 CFR Part 296.
(2) Safety management review. The design and specifications for all
new construction, renovation and expansion projects shall be reviewed
by the Bureau of Indian Affairs in compliance with 29 CFR 1960,
Subparts B through D.
(f) New construction, renovation and expansion--(1) Single
occupancy requirements (general population). Only one juvenile shall
occupy each cell or detention room designed for single occupancy. All
single general population rooms or cells shall have at least sixty
square feet of floor space, provided juveniles spend no more than ten
hours per day locked in. When confinement exceeds ten hours per day,
there shall be at least seventy square feet of floor space. In general
population, each room or cell shall have, at a minimum:
(i) natural light;
(ii) toilet facilities with some degree of privacy that are located
above floor level and are available for use without staff assistance
twenty-four hours a day;
(iii) a wash basin with hot and cold running water;
(iv) access to showers; and
(v) a bed above floor level, a desk or writing surface, safety-type
hooks or closet space, and a chair or stool.
(2) Single occupancy requirements (special management). Only one
juvenile shall occupy each cell or detention room designed for single
occupancy. The facility shall provide single cell occupancy for special
management classifications and other classifications as defined and
justified in the PONI program. At least one special management cell
shall be vented directly to the exterior. In special management,
segregation rooms shall provide living conditions that approximate
those of the general juvenile population. All exceptions shall be
clearly documented. Each special management room or cell shall have, at
a minimum:
(i) natural light;
(ii) a minimum of seventy square feet of floor space;
(iii) toilet facilities with some degree of privacy that are
located above floor level and that are available for use without staff
assistance twenty-four hours a day;
(iv) access to showers;
(v) hot and cold running water; and
(vi) a bed at or above floor level, a desk or writing surface, and
a stool.
(3) Multiple occupancy requirements. Where used, multiple occupancy
rooms or cells shall house juveniles, who have been screened for
suitability to group living and classified accordingly. The rooms shall
provide:
(i) continuous observation by staff;
(ii) a minimum of fifty square feet of floor space per occupant in
the sleeping area and a clear floor-to-ceiling height of not less than
eight feet;
(iii) natural light;
(iv) a toilet(s), with some degree of privacy;
(v) an operable wash basin(s) with hot and cold running water;
(vi) access to showers; and
(vii) beds above floor level and a locker or container for each
occupant's belongings.
(4) Space, furnishings and conditions for dayrooms. The facility
shall provide separate dayroom space for each cellblock or detention
room cluster. The dayroom shall provide:
(i) natural light;
(ii) a minimum of thirty-five square feet of space per juvenile
exclusive of lavatories;
(iii) showers and toilets with some degree of privacy; and
(iv) seating and writing surfaces, appropriate to the
classification which uses this space, sufficient for the number of
juveniles who use the dayroom at one time.
(5) Toilets. The facility shall provide operable toilets at a
minimum ratio of one for every twelve juveniles in male facilities and
one for every eight juveniles in female facilities. Urinals may be
substituted for up to one-half of the toilets in male facilities. All
housing units with three or more juveniles shall have two toilets.
(6) Wash basins. Juveniles shall have access to operable wash
basins with hot and cold running water in the housing units at a
minimum ratio of one basin for every twelve occupants.
(7) Showers. Juveniles shall have access to operable showers with
temperature-controlled hot and cold running water at a minimum of one
shower for every eight juveniles. Water for showers shall be
thermostatically controlled to temperatures ranging from one hundred
degrees to one hundred-twenty degrees Fahrenheit.
(8) Housing for the disabled. Disabled juveniles shall be housed in
a manner that provides for their safety in compliance with 25 U.S.C.
794 (the Rehabilitation Act of 1973) as amended, 41 CFR 101-19.6
(Uniform Federal Accessibility Standards), and 43 CFR Part 17, yet
prevents their being discriminated against in their use of the
facility.
(9) Work or education release housing. Juveniles who participate in
work or education release programs shall be housed separately from
juveniles in the general population.
(10) Program space requirements. The total indoor activity area,
which includes all activity areas outside of the living unit, shall
provide space equivalent to a minimum of one hundred square feet per
juvenile. If the facility houses both male and female juveniles, the
facility shall provide space for coeducational activities.
(11) Exercise and recreation areas. The facility shall provide
secure outdoor, covered or enclosed exercise areas. Outdoor exercise
areas shall be a minimum of one thousand five hundred square feet of
unencumbered space; covered and enclosed exercise areas shall provide a
minimum of one thousand square feet of unencumbered space. Exercise
areas shall be adequate in size and type to ensure that each juvenile
shall be offered at least one hour of access daily regardless of
climatic conditions.
(12) Multi-purpose and interview rooms. The facility shall provide
a minimum of one accessible multi-purpose room and one accessible
interview room.
(13) Program area toilets. The facility shall provide toilets with
some degree of privacy and wash basins, which are accessible to
juveniles, in or adjacent to activity areas.
(14) Visiting spaces. The facility shall provide space in which
contact visiting can occur. The space shall facilitate staff
observation of visiting. The facility shall provide secure space
outside the security perimeter for the storage of visitors' personal
items.
(15) Classroom. Classrooms shall be designed in conformity with BIA
or state education requirements.
(16) Food service spaces. When the facility provides for food
preparation, it shall have adequate space for food processing, storage,
refrigeration and sanitation. Toilet and wash basin facilities shall be
available to food service personnel and juveniles in the vicinity of
the food preparation area. The square footage of the kitchen shall be
appropriate to the needs of the facility. If dining occurs outside the
dayroom, the facility shall provide a minimum of fifteen square feet
per occupant. The facility shall provide space for group dining except
where security or safety considerations justify otherwise.
(17) Storage spaces. The facility shall provide the following
storage space:
(i) a secure, well-ventilated janitor closet, which includes sink
and adequate space for the storage of cleaning implements and supplies;
(ii) secure storage, located outside the secure area, for
flammable, toxic and caustic items; and
(iii) storage for juvenile clothing, bedding, mattresses, personal
hygiene items and facility supplies.
(18) Laundry. The facility shall provide access to laundry services
or laundry space and equipment.
(19) Admission. The facility shall provide an admitting and release
area which shall be located inside the security perimeter, but outside
juvenile living quarters. The booking area shall include:
(i) an admitting work area;
(ii) sallyport;
(iii) access to operable toilets, with some degree of privacy, wash
basins, drinking water and showers;
(iv) space for alcohol and drug testing equipment;
(v) a secure, well-ventilated storage room for juveniles' personal
property;
(vi) telephone(s), which can be used by juveniles;
(vii) private interview spaces;
(viii) temporary holding rooms or waiting spaces with sufficient
fixed seating for all juveniles at their rated capacities; and
(ix) access to continuously observable protective holding cells for
the safe holding of intoxicated individuals.
(20) Medical examination room. The facility shall provide a space
in which private medical examinations of juveniles can occur. The space
shall provide for private examination of patients, hand washing,
storage of equipment used in the examination room and a work surface
for health care personnel.
(21) Staff toilets. The facility shall provide staff toilets inside
the secure area of the facility that juveniles shall not use.
(22) Public spaces. The facility shall provide public restroom(s)
and a public lobby with an adequate number of seats to accommodate
anticipated visitors outside the secure perimeter.
(23) Administration. The facility shall provide adequate space for
its administrative functions. This space shall include an office for
the administrator, work space for clerical staff, space for duplicating
equipment, supply and equipment storage, space for storage of facility
records and space for meetings.
(24) Staff. The facility shall provide adequate space for staff
assigned to work in the facility. These spaces shall include an area in
which they can store personal property, change clothes and shower and
an area in which training, meetings, briefings and breaks can occur.
(25) Mechanical. The facility shall provide separate and adequate
space for mechanical systems and equipment.
(g) Existing construction--(1) Occupancy by one juvenile. Only one
juvenile shall occupy each cell or detention room designed for single
occupancy.
(2) Single occupancy space requirements. All single rooms or cells
shall have at least sixty square feet of floor space, provided
juveniles spend no more than ten hours per day locked in. When
confinement exceeds ten hours per day, there shall be at least seventy
square feet of floor space.
(3) Multiple occupancy space requirements. Where used, multiple
occupancy rooms or cells house juveniles, who have been screened for
suitability to and classified for group living. The rooms shall
provide:
(i) continuous observation by staff;
(ii) a minimum of fifty square feet of floor space per occupant in
the sleeping area and a clear floor-to-ceiling height of not less than
eight feet;
(iii) natural light;
(iv) a toilet(s) with some degree of privacy;
(v) an operable wash basin(s) with hot and cold running water;
(vi) access to showers; and
(vii) beds above floor level and a locker or container for each
occupant's belongings.
(4) Single occupancy furnishings and conditions (general
population). Each room or cell shall have, at a minimum:
(i) natural light;
(ii) toilet facilities with some degree of privacy that are located
above floor level and that are available for use without staff
assistance twenty-four hours a day;
(iii) a wash basin with hot and cold running water;
(iv) access to showers; and
(v) a bed above floor level, a desk or writing surface, safety-type
hooks or closet space and a chair or stool.
(5) Single occupancy furnishings and conditions (special
management). Segregation rooms shall provide living conditions that
approximate those of the general juvenile population; all exceptions
shall be clearly documented. Each room or cell shall have, at a
minimum:
(i) natural light;
(ii) a minimum of seventy square feet of floor space;
(iii) toilet facilities with some degree of privacy that are
located above floor level and that are available for use without staff
assistance twenty-four hours a day;
(iv) access to showers;
(v) hot and cold running water; and
(vi) a bed at or above floor level, a desk or writing surface and a
stool.
(6) Space, furnishings and conditions for dayrooms. The facility
shall provide separate dayroom space. The dayroom shall provide:
(i) a minimum of thirty-five square feet of space per juvenile
exclusive of lavatories;
(ii) showers and toilets with some degree of privacy; and
(iii) seating and writing surfaces, appropriate to the
classification which uses this space, sufficient for the number of
juveniles who use the dayroom at one time.
(7) Toilets. The facility shall provide operable toilets at a
minimum ratio of one for every twelve juveniles in male facilities and
one for every eight juveniles in female facilities. Urinals may be
substituted for up to one-half of the toilets in male facilities. All
housing units with three or more juveniles shall have two toilets.
(8) Wash basins. Juveniles shall have access to operable wash
basins with hot and cold running water in the housing units at a
minimum ratio of one basin for every twelve occupants.
(9) Showers. Juveniles shall have access to operable showers with
temperature-controlled hot and cold running water at a minimum of one
shower for every eight juveniles. Water for showers shall be controlled
thermostatically to temperatures ranging from one hundred degrees to
one hundred-twenty degrees Fahrenheit.
(10) Housing for the disabled. Disabled juveniles shall be housed
in a manner that provides for their safety, in compliance with 25
U.S.C. 794 (the Rehabilitation Act of 1973) as amended, 41 CFR 101-19.6
(Uniform Federal Accessibility Standards), and 43 CFR Part 17, yet
prevents their being discriminated against in their use of the
facility.
(11) Work or education release housing. Juveniles who participate
in work or education release programs shall be housed separately from
juveniles in the general population.
(12) Program space requirements. The total indoor activity area,
which includes all activity areas outside of the living unit, shall
provide space equivalent to a minimum of one hundred square feet per
juvenile. If the facility houses both male and female juveniles, space
shall be provided for coeducational activities
(13) Exercise and recreation. The facility shall provide secure
outdoor, covered or enclosed exercise areas. Exercise areas shall be
adequate in size and type to ensure that each juvenile shall be offered
at least one hour of access daily regardless of climatic conditions.
(14) Program spaces. The facility shall provide a minimum of one
accessible multi-purpose room.
(15) Visiting spaces. The facility shall provide a visiting room,
which allows staff to observe visiting.
(16) Classroom. Classrooms shall be designed in conformity with BIA
or state education requirements.
(17) Dining. If dining occurs outside the dayroom, the facility
shall provide a minimum of fifteen square feet per occupant.
(18) Food service spaces. When the facility provides for food
preparation, it shall have adequate space for food processing, storage,
refrigeration and sanitation. Toilet and wash basin facilities shall be
available to food service personnel and juveniles in the vicinity of
the food preparation area. The square footage of the kitchen shall be
appropriate to the needs of the facility.
(19) Janitor closet. The facility shall provide a secure, well-
ventilated janitor closet, which includes sink and adequate space for
the storage of cleaning implements and supplies.
(20) Storage of toxic, flammable and caustic items. The facility
shall provide secure storage, outside the secure area, for flammable,
toxic and caustic items.
(21) Clothing and supply storage. The facility shall provide
storage space for juvenile clothing, bedding, mattresses, personal
hygiene items and facility supplies.
(22) Laundry. The facility shall provide access to laundry services
or laundry space and equipment.
(23) Admission. The facility shall provide an admission and release
area which shall be located inside the security perimeter, but outside
juvenile living quarters. The booking area shall include:
(i) an admitting work area;
(ii) sallyport;
(iii) access to operable toilets, wash basins, drinking water and
showers;
(iv) space for alcohol and drug testing equipment;
(v) a secure, well-ventilated storage room for juveniles' personal
property;
(vi) telephone(s), which can be used by juveniles;
(vii) private interview spaces;
(viii) temporary holding rooms or waiting spaces with sufficient
fixed seating for all juveniles at their rated capacities; and
(ix) access to continuously observable protective holding cells for
the safe holding of intoxicated individuals.
(24) Medical examination room. The facility shall provide a space
in which private medical examinations of juveniles can occur. The space
shall provide for private examination of patients, hand washing,
storage of equipment used in the examination room and a work surface
for health care personnel.
(25) Staff toilets. The facility shall provide staff toilets that
juveniles shall not use.
(26) Public spaces. The facility shall provide public restroom(s)
and a public lobby with an adequate number of seats to accommodate
anticipated visitors outside the secure perimeter.
(27) Administration. The facility shall provide adequate space for
its administrative functions.
(28) Staff. The facility shall provide adequate space for staff
assigned to work in the facility.
(29) Mechanical. The facility shall provide separate and adequate
space for mechanical systems and equipment.
Sec. 10.23 Institutional operations.
(a) Security and control--(1) Perimeter access. All security
perimeter entrances and control center doors shall be kept locked,
except when used for supervised entry or exit of employees, juveniles
or visitors and in emergencies.
(2) Location of juvenile detention worker posts. Juvenile detention
worker posts shall be located in or immediately adjacent to juvenile
living areas to permit workers to hear and respond promptly to
emergency situations.
(3) Supervision of service personnel. Service personnel other than
facility staff shall perform work only under direct and continuous
supervision of facility staff in those areas permitting contact with
juveniles.
(4) Full coverage of posts. Staff shall be provided for full,
around-the-clock coverage of designated security posts, full
supervision of juveniles and performance of other detention functions.
(5) Supervision of high security areas. A staff member shall enter
a high security area only when another staff member is immediately
available to provide assistance.
(6) Supervision of coed activities. Facility staff shall supervise
male and female juveniles in coed activities and spaces continuously
and directly.
(7) Male and female staff requirement. When both males and females
are housed in the facility, at least one male and female staff member
shall be on duty at all times.
(8) Prohibited supervision. No juvenile or group of juveniles shall
be given control or authority over other juveniles.
(9) Room checks. A juvenile detention worker personally shall
observe high and medium security juveniles at least every thirty
minutes, but on an irregular schedule. The administrator shall require
observation every fifteen minutes for juveniles who are mentally
disordered or who demonstrate unusual or bizarre behavior and
continuous observation of suicidal juveniles.
(10) Counts. The facility shall have a system to physically count
juveniles that includes strict accountability for juveniles assigned to
work and education release and other approved temporary releases.
(11) Movement. Detention staff shall regulate all juvenile
movement.
(12) Transportation of juveniles. The administrator shall govern
the safe and secure transportation of juveniles outside the facility.
(13) Use of vehicles. The administrator shall govern the use of
departmental and personal vehicles for official purposes and shall
prohibit the use of personal vehicles for transportation of juveniles.
(14) Shift activity log. The facility shall maintain a written
record of the following:
(i) personnel on duty;
(ii) juvenile population at the beginning and end of each shift;
(iii) record of counts taken;
(iv) shift activities;
(v) entry and exit of professional and other visitors;
(vi) unusual occurrences or incidents;
(vii) hours of programs provided; and
(viii) clothing and linen exchange.
(15) Weekly inspection. The administrator or designee shall inspect
all facility spaces and devices at least weekly to determine the status
of all security items and the sanitary condition of the facility. The
administrator or designee shall document the inspection and shall
initiate corrective action if needed.
(16) Monthly Inspection. The administrator shall inspect all areas
of the facility at least monthly to inventory security equipment to
determine numbers, usefulness and expiration dates, to determine the
status of all security and safety items and to determine the sanitary
condition of the facility. The administrator shall document the
inspection and shall initiate corrective action if needed.
(17) Fire safety inspection. A qualified fire protection specialist
shall inspect the facility to test the fire suppression and detection
system, equipment and facility training in compliance with 29 CFR
1910.36(d), 1910.37(m), 1910.37(n), 1910.38, and 29 CFR 1960, Subpart
D.
(18) Use of restraints. Staff shall use instruments of restraint
only as a precaution against escape during transfer, for medical
reasons at the direction of the health authority and as a prevention
against juvenile self-injury, injury to others or property damage.
Staff shall apply restraints only with the approval of the
administrator or designee and only for the amount of time that is
absolutely necessary.
(19) Security equipment issue. The administrator shall maintain a
written record of routine and emergency distributions of security
equipment.
(20) Contraband control. The administrator shall provide for
searches of facilities and juveniles to control contraband and to
provide for its disposition. When a new crime is suspected, the
administrator shall be notified. The administrator shall maintain and
make available to the appropriate authorities all evidence.
(21) Body cavity and visual inspections. Manual or instrument
inspection of juvenile body cavities shall be conducted only by health
care staff when there is reason to do so and when authorized by the
administrator or designee. Trained staff shall conduct visual
inspections of unclothed juveniles only when there is a reasonable
belief that the juvenile is carrying contraband or other prohibited
material. Medical personnel shall conduct all manual or instrument
inspections in private by medical personnel. Trained staff of the same
sex as the juvenile shall conduct all visual inspections in private.
(22) Key and tool control. The administrator shall govern the
control, issuance, use and storage of keys, tools and culinary and
medical equipment.
(23) Use of force and firearms. The facility shall comply with 25
CFR 11.304 with regard to the use of force, firearms, chemical agents,
or any other weapon.
(b) Safety and emergency procedures--(1) Fire prevention. The
administrator shall govern the storage and use of all flammable, toxic
and caustic materials, the use of non-combustible receptacles for
smoking materials, the amount of personal items, including reading
materials, which juveniles may keep in their living units and the
amount and location of items stored in the facility.
(2) Preventive maintenance. The administrator or designee shall
develop a written plan for preventive maintenance of the facility. The
administrator shall review the plan annually and update it as needed.
If tribally operated, the plan shall be supported by a Memorandum of
Agreement between the tribe and the Agency.
(3) Emergency generator testing. In compliance with 29 CFR 1910.38,
emergency power generators shall be inspected weekly and tested under
load at intervals of not more than thirty days.
(4) Evacuation plan. The administrator shall develop a written
evacuation plan prepared in case of fire or major emergency. The plan
shall comply with 29 CFR 1910.38 or comparable tribal code. The
applicable Safety Officer or designee shall review and approve the plan
initially and annually. The administrator shall update and reissue the
plan if necessary. The plan shall include:
(i) means of immediate release of juveniles from locked areas;
(ii) location of floor plans;
(iii) use of exit signs and directional arrows for traffic flow;
(iv) location of a publicly posted plan;
(v) at least quarterly drills in all facility locations; and
(vi) coordination with the fire department which services the
facility.
(5) Emergency plans. The administrator or designee shall develop
written plans that specify procedures to be followed in emergency
situations. The administrator shall make these plans available to
applicable personnel and shall review and update them at least
annually. All facility personnel shall be trained in the implementation
of these plans. Emergency situations shall include, but not limited to:
(i) riots and disturbances;
(ii) hunger strikes;
(iii) hostage situations;
(iv) work stoppages;
(v) unattended deaths, including successful suicides;
(vi) attempted suicides;
(vii) escapes and unauthorized absences; and
(viii) other threats to the security of the facility.
(6) Incident reporting. The administrator shall require the
immediate reporting of all incidents that result in physical harm to
any person, threaten the safety of any person, result in the need for
emergency care, result in damage to the facility or facility property,
threaten the security of the facility, or involve the commission of a
criminal offense. The administrator shall forward the reports to the
Agency Superintendent through the appropriate chain of command.
(7) Medical treatment (incident). The administrator or designee
shall ensure that all persons injured in an incident receive an
immediate medical examination and treatment.
(8) Notification of family. The administrator shall provide for the
notification of persons designated by the juvenile in the event of
serious illness, injury or death.
(c) Rules and discipline--(1) System of rewards and sanctions. The
administrator shall provide for a system to reward the positive
behavior of juveniles and to provide sanctions for misbehavior.
(2) Rules of conduct. The administrator shall develop written rules
of juvenile conduct that specify acts prohibited within the facility
and penalties that may be imposed for various degrees of violations.
The administrator or designee shall provide these rules to all
juveniles and shall ensure that all juveniles understand them. All
personnel who deal with juveniles shall receive sufficient training
prior to working in the facility to be thoroughly familiar with the
rules of juvenile conduct, the sanctions available and the rationale
for the rules. The administrator shall review the written rules of
juvenile conduct annually and update them, if necessary, to ensure that
they are consistent with constitutional and legal principles and BIA
and tribal standards and codes.
(3) Minor infractions. The administrator shall provide guidelines
for the informal resolution of minor juvenile misbehavior.
(4) Grievance procedure. The administrator or designee shall make a
written grievance procedure available to all juveniles. The procedure
shall include at least one level of appeal.
(5) Criminal violations. In instances in which a juvenile is
alleged to have committed a crime, the administrator or designee shall
refer the case to the appropriate law enforcement officials for
possible prosecution.
(6) Disciplinary reports. When rule violations require formal
resolution, staff members shall prepare a disciplinary report and
forward it to the administrator or designee. The disciplinary report
shall include, but not be limited to:
(i) specific rules violated;
(ii) a formal statement of the charge(s);
(iii) an explanation of the event, which should include who was
involved, what transpired and the time and location of the occurrence;
(iv) unusual juvenile behavior;
(v) staff witnesses;
(vi) disposition of any physical evidence;
(vii) any immediate action taken, including the use of force;
(viii) reporting staff member's signature; and
(ix) date and time the report is made.
(7) Disciplinary process. Juveniles shall receive notification of
the rules violated, a formal statement of the charge, a description of
the incident and notice of the date and time of hearing. The
administrator or designee shall advise juveniles of their rights to be
present at the hearing, to call witnesses on their behalf, to make a
statement, to present documentary evidence, and to ask for assistance
from staff in representing them at the hearing. An impartial person or
panel of persons shall conduct the hearing.
(8) Pre-hearing detention. The administrator shall provide for the
pre-hearing segregation of juveniles who are charged with a rule
violation if the safety of the juvenile, other juveniles, staff or the
security of the facility is at stake.
(9) Disciplinary detention. The administrator or designee shall
place juveniles in disciplinary detention for a rule violation only
after a hearing.
(10) Record of disciplinary hearing. The persons conducting the
disciplinary hearing shall make a written copy of the decision and its
disposition and shall provide copies to the juvenile and administrator
for review. Juveniles shall have the right to appeal the decision to
the administrator or the next level of authority. The disciplinary
report shall be removed from all files of juveniles found not guilty of
an alleged rule violation.
(d) Room restriction and special management confinement--(1)
Explanation for restriction. Prior to room and/or privilege
restriction, detention staff shall explain the reasons for the
restriction to juveniles, and juveniles shall have the opportunity to
explain the behavior leading to the restriction.
(2) Room restriction. Room restriction for minor misbehavior shall
serve only a ``cooling off'' purpose and shall be short in duration,
with the time period (fifteen--sixty minutes) specified at the time of
assignment.
(3) Special management confinement (disciplinary). When a juvenile
has been charged with a major rule violation requiring confinement for
the safety of the juvenile, other juveniles, or to ensure the security
of the facility, the juvenile may be confined for a period of up to
twenty-four hours. The administrator or designee, who was not involved
in the incident, shall review confinement for periods over twenty-four
hours.
(4) Administrative removal from program. Only an administrator or
supervisor shall direct the administrative removal of juveniles from
program. The administrator or supervisor shall direct administrative
removal from program only to provide for the safety of the juvenile,
other juveniles, or to ensure the security of the facility. An
administrator or designee shall review the status of juveniles who have
been removed from program for periods over twenty-four hours, within
twenty-four hours of their removal and every seventy-two hours
thereafter.
(5) Referral of juveniles removed from program. The administrator
or designee shall refer juveniles removed from program to the health
authority and/or social service director within twenty-four hours.
(6) Individualized plan for juveniles removed from program. The
administrator or designee shall develop an individual plan for the
management of juveniles in special management confinement for
protective care or serious behavioral problems.
(7) Frequency of staff contact during room restriction. During room
restriction, staff shall contact juveniles at least every fifteen
minutes depending on their emotional state. Juveniles shall assist in
determining the end of the restriction period.
(8) Frequency of staff contact during special management
Confinement. Staff shall visually check juveniles placed in
confinement, at least every fifteen minutes. Personnel from the
administrative, health care, or social work units shall visit juveniles
in special management confinement at least once each day.
(9) Special management privileges. Juveniles placed in confinement
shall be afforded living conditions and privileges approximating those
available to the general juvenile population. Exceptions shall be
justified by clear and substantiated evidence.
(10) Logs. The facility shall maintain a permanent log of
significant events and activities of juveniles in special management
confinement. The log shall document:
(i) the person who authorized the confinement;
(ii) the date and time of confinement;
(iii) persons visiting the juvenile;
(iv) the person authorizing the release from confinement; and
(v) the date and time of release.
(e) Juvenile rights--(1) Access to courts, counsel and legal
materials. Juveniles shall have the right to have access to attorneys,
legal representatives, the courts and legal materials and to address
uncensored communications to governmental authorities.
(2) Freedom from discrimination. Juveniles shall have the right to
be free from discrimination based on race, religion, national origin,
tribal affiliation, sex, disability, political beliefs, favoritism or
nepotism. Juveniles shall have the right to equal access to programs
and work assignments as provided in the classification program.
(3) Equal access for women. Male and female juveniles shall have
the right to equal access to programs and services.
(4) Right to communicate. Juveniles shall have the right to
communicate or correspond with persons or organizations, subject only
to the limitations necessary to maintain order and security and protect
the juvenile's rights.
(5) Protection from harm. Juveniles shall have the right to
protection from personal abuse, corporal punishment, personal injury,
disease, property damage and harassment, by either staff or juveniles.
(6) Freedom of personal grooming. Juveniles shall have the right to
determine the length and style of scalp or facial hair, unless health
and safety reasons exist.
(7) Treatment. Juveniles shall have the right to medical, dental,
mental health and substance abuse treatment and rehabilitative services
as directed by the health authority.
(f) Intake decision process--(1) Designated intake officer. The
administrator shall designate an intake officer on each shift. The
intake officer shall be delegated the specific power to make decisions
regarding juvenile intake. The intake process shall operate twenty-four
hours a day.
(2) Advisement of intake process. The administrator or designee
shall inform juveniles of the steps in the admission process when the
admission process begins.
(3) Referral for non-court services. The administrator shall
specify the authority and responsibility of the intake officer to refer
juveniles named in complaints and, if indicated, their parents for
noncourt services. Referrals for such services shall be voluntary,
shall be agreed to by both the juvenile and parents, shall be
documented in writing and can be completed within a specific period of
time.
(4) Referral for 99-570 assessment. The intake officer shall refer
juveniles who are arrested or detained for offenses involving or
related to alcohol or substance abuse or who are under the influence of
these substances to the health authority or designated substance abuse
program according to criteria established by the health authority in
the written plan for provision of emergency care.
(5) Court referral. The administrator or designee shall bring any
juvenile placed in detention before the appropriate court within forty-
eight hours of admission.
(6) Independent review of intake decisions. The administrator shall
provide for a process of independent review of intake decisions.
(7) Authority of the intake officer. The administrator shall
specify the authority and responsibility of the intake officer to order
unconditional or conditional release of a juvenile prior to a detention
hearing and to order non-secure or secure shelter care according to
criteria established by the appropriate court.
(8) Conditional release plan. The administrator or designee, in
conjunction with the appropriate court and service providers, shall
develop a written plan for the conditional release of juveniles. The
plan shall specify criteria for conditional release, alternative
resources and the referral process. The plan shall be updated as needed
and reviewed at least annually.
(9) Prohibition against detention of abused, dependent and
neglected children--The administrator shall prohibit the placement in
detention of children who are runaways because of abuse, neglect or
abandonment.
(10) Criteria for secure detention. The administrator shall limit
the use of detention to cases involving protection of the public,
prevention of self-injury, ensuring the presence of the juvenile at
subsequent court hearings and transfers to other jurisdictions.
(11) Criteria for detention of probation or valid court order
violators. Juveniles alleged to have violated conditions of their
probation or valid court order shall not be placed in detention unless
it is necessary to protect the public safety, prevent self-injury,
facilitate transfer, or ensure the presence of the juvenile at
subsequent court hearings.
(g) Admission--(1) Admission process. Written procedures for
admitting new juveniles shall include, at a minimum:
(i) determination that the juvenile is legally committed;
(ii) complete search of the individual and possessions;
(iii) inventory and storage of clothing and personal property;
(iv) health screening, including tests for infectious diseases as
required by the health authority;
(v) emergency health assessment, as required by law, regulations or
policies of the health authority;
(vi) assistance in or arrangements for contacting families
regarding admission and the procedures for mail and visiting;
(vii) opportunity to make local or collect long-distance telephone
calls to family members, legal representatives, or other approved
individuals during admission;
(viii) shower, hair care and treatment for ectoparasites if
necessary;
(ix) issue of clean clothing and personal hygiene items;
(x) completion of an admission form as required by these standards;
(xi) suicide screening; and
(xii) orientation, classification and assignment to a housing unit.
(2) Mass arrests. Written plans shall govern temporary space
arrangements and procedures to be followed in the event of a mass
arrest that exceeds the maximum capacity of the facility. The
administrator or designee shall update the plans as needed and review
them at least annually.
(3) Suicide screening. The administrator shall ensure that all
juveniles shall be screened for risk of suicide at the time of
admission. When a risk is identified, detention staff shall make an
emergency referral to the health authority for evaluation by a health
care professional and shall monitor the juvenile until the assessment
has been completed.
(4) Orientation. All newly admitted juveniles shall receive written
or oral information in the language they understand. The admitting
officer shall document completion of orientation by a statement that
shall be signed and dated by the juveniles. The facility shall separate
newly admitted juveniles until completion of the orientation process.
The orientation shall include, but not limited to:
(i) juvenile rules of conduct and potential disciplinary actions
that may be taken;
(ii) programs and services available in the facility;
(iii) procedures for accessing health care services; and
(iv) juvenile rights and privileges.
(5) Personal property inventory. The admitting officer shall
complete a written, itemized inventory of all personal property of
newly admitted juveniles and shall store securely all juvenile
property, including money and other valuables. The admitting officer
shall give the juvenile a receipt for all property held until release.
(6) Regulation of juvenile property. The administrator or designee
shall identify personal property that juveniles may receive or keep in
their possession while in the facility, the sources from which these
items may be obtained and how these items are received and inspected.
(h) Classification.--(1) Classification policy. The administrator
or designee shall provide for juvenile classification in terms of the
custody level, housing assignment and program participation. The
administrator shall review these policies and procedures annually and
update them as necessary.
(2) Classification plan. The administrator or designee shall
develop a written classification plan, which includes, at a minimum:
(i) criteria and procedures for determining and changing the status
of a juvenile relative to custody;
(ii) transfer and major changes in program participation;
(iii) an appeals process for classification decisions; and
(iv) the separate management of the following categories of
juveniles: male and female, education and work release, special needs
(substance abusers, disabled, etc.) and special management
(disciplinary confinement and juveniles removed from the program by
administrative action).
(3) Prohibited segregations. The administrator shall prohibit the
segregation of juveniles by race, color, creed, tribal affiliation,
national origin, political beliefs, nepotism, favoritism or other
prohibited criteria.
(i) Food service.--(1) Food service records. At a minimum, the
facility shall maintain records of the number of meals served to the
juvenile population, the expenditures for food supplies and menus
(planned and as served).
(2) Dietary allowances. The facility shall document that a
registered dietician reviews dietary allowances at least annually to
ensure compliance with nationally recommended food allowances. A diet
manual, approved by a registered dietician, shall guide dietary
allowances, including special diets.
(3) Menu planning. The administrator or designee shall plan, date
and make all menus available for review at least one week in advance.
The administrator or designee shall make notations of any
substitutions, which shall be of equal nutritional value, in the meals
actually served. The administrator or designee shall consider Native
American food preferences in menu planning. The administrator or
designee shall direct that menu evaluations shall be conducted at least
quarterly to verify adherence to the nationally recommended basic daily
servings.
(4) Medical special diets. The administrator or designee shall
provide for special diets that are prescribed by appropriate medical or
dental personnel.
(5) Religious preference special diets. The administrator or
designee shall provide for special diets for juveniles whose beliefs
require adherence to religious dietary laws.
(6) Food and discipline. The administrator shall prohibit the use
of food as a disciplinary measure.
(7) Health protection. Food service facilities and equipment shall
meet health and safety standards. Food service personnel and juveniles
assisting in the food service area shall comply with applicable health
regulations. The administrator or designee shall document compliance
with health and safety regulations, including but not limited to, a
pre-assignment medical examination.
(8) Inspections of food products. The appropriate government agency
shall inspect and approve food products that are grown or produced
within the system. The administrator or designee shall implement a
distribution system that ensures prompt delivery of foodstuffs.
(9) Inspection of food service area. The administrator or designee
shall conduct a weekly inspection of all food service areas, including
dining and food preparation areas and equipment to ensure that they are
sanitary, that all food storage areas are temperature controlled, and
that food service personnel have made daily checks of refrigerator and
water temperatures.
(10) Meal service. The facility shall serve meals under the direct
supervision of staff, and staff shall supervise juveniles during meal
times. The facility shall provide at least three meals, of which two
shall be hot, served at regular meal times during each twenty-four hour
period, with no more than fourteen hours between the evening meal and
breakfast. Provided that basic nutritional goals are met, variations
may be allowed based on weekend and holiday food service demands.
(j) Sanitation and hygiene.--(1) Water supply. The administrator
shall maintain documentation that the entity which provides the
facility's water source, supply, storage and distribution system meets
the requirements of 42 U.S.C. 300g-6 (the Safe Drinking Water Act).
(2) Sewage system. The administrator shall maintain documentation
that entity which provides the facility's sewage system complies with
33 U.S.C. 1251 et seq. (the Clean Water Act of 1977).
(3) Sanitation plan. The administrator or designee, in cooperation
with the BIA or tribal maintenance program, shall develop a written
housekeeping plan for all areas of the physical plant. The
administrator or designee shall update the plan as needed and review it
at least annually. The plan shall provide for daily housekeeping and
regular maintenance by assigning specific duties to staff, juveniles
and BIA or tribal Facility Maintenance. The plan shall require:
(i) facility floors be kept clean, dry and free of hazardous
substances;
(ii) a qualified person conduct monthly inspections to control
vermin and pests;
(iii) solid and liquid wastes be disposed of properly;
(iv) clean, suitable and presentable clothing, bedding, linens and
towels be issued to new juveniles and exchanged on at least a weekly
basis;
(v) necessary cleaning and storage of juvenile personal clothing be
provided;
(vi) articles needed for personal hygiene be furnished; and
(vii) sufficient facilities in the housing areas to permit
juveniles to shower or bathe on admission to the facility and daily
thereafter.
(4) Special clothing issue. The facility shall provide for the
issue of special and, where appropriate, protective clothing and
equipment to juveniles participating in special work assignments. Such
clothing shall be available in quantities that permit exchange as
frequently as the work assignment requires.
(5) Hair care. The administrator or designee shall allow juveniles
to arrange for hair cutting services.
(k) Health care--(1) Written health care plan. A written plan shall
provide for the delivery of health care services, including medical,
dental, mental health and substance abuse treatment, under the control
of a designated health authority. The plan shall include the
participation of IHS, social services and tribal health care providers.
A Memorandum of Agreement between the administrator and the Director of
the appropriate Indian Health Service (IHS) Service Unit or IHS
contract health care provider shall document the health care plan. When
this authority is other than a physician, final medical judgment shall
rest with a single responsible physician, designated by the appropriate
health authority, who shall meet the applicable licensure requirements.
(2) Health program coordinator. In facilities without full-time,
qualified health personnel, a health-trained staff member shall
coordinate the health care delivery system in the facility under the
joint supervision of the responsible health authority and the
administrator.
(3) Annual review. The administrator and the health authority shall
update the plan as needed, review it annually to determine program
needs including staffing, equipment and supplies and document its
review by signature and date.
(4) Medical/mental health judgment. Medical, dental and mental
health matters involving clinical judgments shall be the sole province
of the responsible physician, dentist and/or psychiatrist or qualified
psychologist.
(5) Security regulations. Security regulations applicable to
facility personnel shall apply to health personnel.
(6) Meetings with provider. The health authority shall meet with
the administrator or designee at least quarterly to review and evaluate
the health care delivery system. The health authority shall provide an
annual statistical report which documents the level and amount of
health care services provided.
(7) Review of health care policies. The health authority and the
administrator shall review and approve all policies and procedures
relative to the health care plan prior to submission of these policies
to the Chief, Division of Law Enforcement. Policies and procedures
shall be reviewed at least annually and documented by signature and
date.
(8) Health training program. The responsible health authority, in
cooperation with the administrator, shall establish a health training
program. The program shall provide instruction in the following areas:
(i) appropriate procedures to prevent the spread of communicable
diseases;
(ii) the ability to respond to health-related situations within
four minutes;
(iii) recognition of signs, symptoms and actions required in
potential emergency situations;
(iv) recognition of chronic illness;
(v) administration of first aid and cardiopulmonary resuscitation
(CPR);
(vi) methods of obtaining assistance from the health care provider;
(vii) recognition of signs and symptoms of and management of
juveniles with mental illness, retardation, emotional disturbance,
chemical dependency and suicidal behavior; and
(viii) procedures for patient transfers to appropriate medical
facilities or health care providers.
(9) Sick call. The administrator or designee shall provide for the
collection and referral of juvenile requests for health care. The
facility shall have a system of sick call in-house or at the health
care authority. The system shall provide for referral of juveniles by
staff for medical or other behavioral health evaluation, i.e, mental
health, substance abuse, suicide. Sick call shall be held no less than
once per week.
(10) Twenty-four-hour emergency care. The administrator and health
authority shall develop a written plan for the provision of twenty-four
hour emergency medical, dental and mental health care. The
administrator and the health authority shall update the plan as needed
and review it at least annually. At a minimum, the plan shall include:
(i) emergency evacuation of the juvenile from the facility;
(ii) emergency evaluation of the juvenile for medical or mental
health problems;
(iii) use of an emergency medical vehicle;
(iv) use of one or more designated hospital, clinic, emergency on-
call physician, dentist, psychiatrist, qualified psychologist or
otherwise qualified clinician; and
(v) security procedures that provide for the immediate transfer of
juveniles when appropriate.
(11) Health care treatment. Health care staff or health-trained
detention staff shall perform treatment pursuant to written direct
orders by personnel authorized by law to give such orders.
(12) Medical/mental health management of juveniles. Qualified
health care personnel, in conjunction with detention staff, shall
develop a written plan for the management of juveniles with medical,
mental health and substance abuse problems, including suicide risks.
(13) Licensure requirements. The health authority shall comply with
all applicable federal law, licensure requirements, rules, regulations
and medical protocols in the delivery of health care services to the
juvenile population.
(14) Traditional practitioners. The facility shall allow juveniles
to participate in or receive traditional healing ceremonies and to use
traditional healing methods, limited only to the degree necessary to
preserve institutional security and order.
(15) Prohibited use of detainees. Juveniles shall not perform
duties in the health care program.
(16) Management of medications. The administrator and health
authority shall provide for the proper management of individual doses
of medications that shall be kept in the facility. The administrator
and health authority shall review the policy annually and update it as
needed.
(17) Administration of medications. The administrator or designee
shall ensure that persons administering medications have received
training appropriate to their assignment. Employees shall administer
medications according to direct or physician orders and shall record
the administration of medications in a manner and on a form approved by
the responsible physician.
(18) Preliminary health care screening. Health-trained staff shall
perform medical screening of all juveniles on arrival at the facility
and record findings on a printed screening form approved by the health
authority. The screening process shall include:
(i) inquiry into:
(A) current and chronic illness and health problems, including
dental problems and suicidal thoughts;
(B) sexually transmitted diseases and other infectious diseases;
(C) medication taken and special health requirements;
(D) use of alcohol and other drugs, which includes types of drugs
used, mode of use, amount used, frequency used, date or time of last
use and history of problems that may have occurred after ceasing use
(e.g., convulsions);
(E) past or present treatment or hospitalization for mental
disturbance or suicide;
(F) other health problems designated by the responsible physician;
and
(G) mental illness;
(ii) observation of:
(A) behavior, including state of consciousness, mental status,
appear ance, conduct, tremor or sweating; and
(B) body deformities, trauma markings, bruises, lesions, jaundice
and ease of movements; and
(iii) disposition to:
(A) housing in general population;
(B) housing in general population and referral to appropriate heath
care service or substance abuse treatment provider; and/or
(C) referral to appropriate health care service on an emergency
basis.
(19) Health appraisal. The health authority shall provide a health
appraisal for each juvenile within seven days of admission. A health-
trained professional or otherwise qualified personnel shall collect
health history and vital signs. Only qualified health care personnel
shall collect other data. The health appraisal shall include:
(i) review of the intake health screening and emergency medical
assessment if performed;
(ii) screening for diet counselling for medical reasons;
(iii) collection of additional data to complete the medical,
dental, psychiatric and immunization histories, with attention to
elements that may indicate the presence of chronic disease, such as
diabetes;
(iv) recording of height, weight, pulse, blood pressure and
temperature;
(v) administration of laboratory and other tests and examinations
as appropriate;
(vi) notation of additional comments as needed; and
(vii) initiation of therapy as appropriate.
(20) Health examination. Qualified health care personnel shall
complete a health examina tion for each juvenile within thirty days of
admission. The examination shall include:
(i) a ``hands-on'' examination by an appropriately licensed health
care professional;
(ii) dental screening, hygiene and treatment when the health of the
juvenile would be adversely affected;
(iii) mental health appraisal; and
(iv) additional health care services as indicated by qualified
health care personnel.
(21) First aid kits. The administrator shall ensure that first aid
kits are available in designated areas of the facility as determined by
the Safety Officer during the annual inspection. The health care
provider shall determine the appropriate content of first aid kits.
(22) Special medical/mental health programs. The health authority
shall provide specialized health education and treatment programs,
including, but not limited to, personal hygiene, diet and exercise,
family planning, communicable diseases, including sexually transmitted
diseases and substance abuse education, prevention, intervention and
treatment.
(23) Serious and infectious disease. The administrator and health
authority shall develop a written plan for the management of juveniles
with serious and infectious disease. The administrator and health
authority shall update the plan as needed and review it at least
annually. The plan shall include, at a minimum precautions taken to
prevent the spread of disease;
(24) special needs or requirements of the juvenile; and
(i) procedures for treatment, limiting activities, if appropriate,
legally mandated reporting and medical pass-on as directed by the
health authority; and
(ii) housing location.
(25) Detoxification. The administrator and health authority shall
develop a written plan to guide the clinical management of chemically
dependent juveniles. The plan shall specify the process for involving
the health authority and the substance abuse program on both a
continuing and crisis-intervention basis. The plan shall include:
(i) assessment as required by Public Law 99-570 or warranted by
additional indications;
(ii) detoxification under clinically supervised conditions;
(iii) diagnosis of chemical dependency;
(iv) determination as to whether an individual requires non-
pharmacologically or pharmacologically supported care; and
(v) referrals to specified community resources for the development
of individual treatment plans by a multi-disciplinary team.
(26) Substance abuse programming. The administrator and health
authority shall develop a written plan to provide substance abuse
education, intervention, assessment and treatment to juveniles who are
diagnosed as substance abusers. The administrator, health authority and
substance abuse program provider shall update the plan as needed and
review it at least annually. The plan shall link existing community
programs and services to the facility program. The plan shall include,
at a minimum:
(i) assessment and evaluation;
(ii) referral for treatment, if requested or court-ordered; and
(iii) availability of appropriate self-help groups.
(27) Informed consent. The health authority shall observe informed
consent standards of the community for all juvenile care, examinations,
treatments and procedures affected by informed consent. The informed
consent of a parent, guardian or legal custodian shall apply when
required by law. Health care shall be rendered against an juvenile's
will only in accordance with law.
(28) Participation in research. The health authority shall prohibit
the use of juveniles for medical, pharmaceutical, or cosmetic
experiments. This standard shall not preclude individual treatment of a
juvenile based on need for a specific medical procedure that is not
generally available.
(29) Confidentiality of health records. In compliance with 5 U.S.C.
552(a) (the Privacy Act of 1974) as amended and 42 CFR Part 2
(Regulations on Confidentiality of Alcohol and Drug Abuse Patient
Records), the health authority shall keep the health record
confidential. The health authority shall require that, at a minimum:
(i) the active health record shall be maintained separately from
the confinement record;
(ii) access to the health record shall be controlled by the health
authority; and
(iii) the health authority shall share with the administrator or
designee information regarding a juvenile's medical management,
security and the ability to participate in programs.
(30) Medical record contents. The health authority shall approve
the method of recording entries in the record and the form and format
of the record. A juvenile's medical/mental health record shall contain:
(i) copies of the completed intake screening form;
(ii) the health appraisal data collection form;
(iii) prescribed medications and their administration;
(iv) laboratory, x-ray and diagnostic studies;
(v) the signature and title of each documenter;
(vi) consent and refusal forms;
(vii) release of information forms;
(viii) place, date and time of health encounters;
(ix) discharge summary of hospitalization (if applicable); and
(x) health service reports (e.g., dental, psychiatric and other
consultations).
(31) Transfer of health information and records. Summaries or
copies of the health record shall be sent routinely to the health
authority of any facility to which the juvenile is transferred. The
juvenile shall authorize, in writing, the transfer of health records
and information, unless otherwise provided by law or administrative
regulation having the force and effect of law.
(l) Release--(1) Court programs. The facility shall cooperate with
and assist in coordinating court intervention and diversion programs,
pretrial release and probation services.
(2) Temporary release. Temporary release programs shall include:
(i) provision for release for funerals and ritual or ceremonial
purposes;
(ii) sanction by the appropriate court;
(iii) operating, screening and selection procedures;
(iv) written rules of juvenile conduct;
(v) a requirement for supervision of juveniles while on release;
(vi) a record-keeping system that documents dates, times and
authorization for release;
(vii) a system to evaluate program effectiveness; and
(viii) efforts to obtain community cooperation and support.
(3) Work or education release. The administrator or designee shall
allow juveniles in this classification to participate in work or
education release programs. The appropriate court shall sanction
education and work release.
(4) Final release. Written procedures for final release of
juveniles shall include, but not be limited to:
(i) verification of identity and release authority;
(ii) completion of release arrangements, including person or agency
to whom the juvenile is to be released;
(iii) verification that all juvenile property leaves with the
juvenile that no facility property leaves the facility:
(iv) completion of any pending action, such as grievances or claims
for damages or lost possessions;
(v) transfer of health information if appropriate; and
(vi) transportation arrangements, if required.
(5) Detainers. The presence of a detainer shall not automatically
prevent the release of a juvenile from the detention facility.
Sec. 10.24 Juvenile programs and services.
(a) Program coordination--(1) Availability of programs. The
facility shall make available juvenile programs and services,
appropriate to the needs of the juvenile population. These programs and
services shall include, but not limited to social services, religious
services, including traditional religious practices and ceremonies,
recreation and leisure time activities, counseling, including crisis
intervention, library services, education programs and substance abuse
programming. The administrator or designee shall link facility programs
and services to existing community resources.
(2) Program participation and refusal. Juveniles shall have the
option to refuse to participate in uncompensated work assignments,
unless the work is related to housekeeping, maintenance of the facility
or grounds, personal hygienic needs, or part of an approved training or
community service program. Program participation and refusal shall be
documented in writing.
(3) Program coordinator. A facility of fifty or more juveniles
shall have a full-time, qualified staff person to plan, coordinate and,
if applicable, supervise all juvenile programs. Smaller facilities
shall designate a qualified staff person to plan, coordinate and, if
applicable, supervise juvenile programs.
(b) Education and work programs--(1) Education program. In
conjunction with the applicable education authority, the administrator
or designee shall develop a written plan for the comprehensive
education of juveniles. The administrator and applicable education
authority shall update the plan as needed, review it annually, and
support it with a Memorandum of Agreement. At a minimum, the plan shall
include:
(i) the roles and responsibilities of the facility and the school
district, compliant with the provisions of Title 94;
(ii) education release and in-facility education services:
(iii) education materials and equipment;
(iv) developmental, remedial, special and cultural education; and
(v) tutorial services as needed.
(2) Work programs. The administrator or designee shall develop a
written juvenile work plan that provides for work for juveniles
including the disabled. Work may include facility maintenance duties
and community service projects. The administrator shall prohibit
discrimination in juvenile work assignments based on race, creed,
gender, age, marital status, disability or tribal affiliation.
(3) Regulation of work programs. Facility juvenile work programs
shall comply with applicable federal regulations. Juveniles shall not
be permitted to perform any work prohibited by federal or tribal
regulations and/or statutes pertaining to child labor.
(c) Recreation, library and religious programming--(1)
Comprehensive recreation program. The administrator or designee shall
develop a written recreation and leisure time plan that includes at a
minimum one hour per day of large muscle activity and one hour of
structured leisure time activities. Juveniles shall have access to a
variety of fixed and movable equipment for indoor and outdoor
recreation.
(2) Library. The administrator or designee shall develop a written
plan to provide reading materials to juveniles. The plan shall include
the criteria for the selection and maintenance of library materials,
the location where reading materials are kept, the process by which
juveniles obtain and return these materials and designation of the
staff member or trained volunteer who is responsible for library
services. The administrator shall update the plan as needed and review
it at least annually.
(3) Religious programs. Juveniles shall have the right to practice
their religion, subject only to the limitations necessary to maintain
institutional order and security.
(d) Correspondence and telephone--(1) Regulation of correspondence.
The administrator shall regulate juvenile correspondence and shall make
this policy available to all staff and juveniles. The administrator
shall review this policy annually and update it as needed.
(2) Limitations on juvenile correspondence. When the juvenile bears
the mailing cost, the administrator shall not limit the volume of
letters the juvenile can send or receive.
(3) Indigents' correspondence. The administrator or designee shall
provide indigent juveniles with a system that enables them to send a
minimum of two letters per week.
(4) Inspection of letters and packages. The administrator or
designee may open juvenile letters and packages, both in-coming and
out-going, to inspect them for contraband. The administrator or
designee shall not read, censor, or reject letters or packages except
where there is reliable information that there is a threat to order and
security or that they are being used to further illegal activities. The
administrator or designee shall notify juveniles when in-coming or out-
going letters are rejected. The administrator or designee shall deposit
any cash, checks, or money orders in the juvenile's account and shall
issue a receipt to both the juvenile and the sender. The administrator
or designee shall forward any contraband found to the appropriate law
enforcement authority. The supervisor shall forward all mail within
twenty-four hours of receipt except for Saturdays, Sundays and
holidays. Juveniles shall be prohibited from carrying money.
(5) Privileged correspondence. The administrator shall permit
juveniles to send sealed letters to specified groups of persons and
organizations including, but not limited to, courts, including
probation staff, counsel, officials of the confining authority,
administrators of grievance systems and members of the releasing
authority. Mail to juveniles from this specified class of persons and
organizations shall be opened only to inspect for contraband and only
in the presence of the juvenile.
(6) Holding and forwarding mail. The administrator or designee
shall forward or return first-class letters and packages for juveniles
after transfer or release.
(7) Telephone. The administrator or designee shall provide for
juvenile access to telephones.
(e) Visiting--(1) Visiting rules. The administrator shall establish
rules for visiting, which shall provide for informal communication,
including the opportunity for physical contact.
(2) Number of visitors. The administrator or designee shall limit
the number of visitors a juvenile may receive and the length of the
visits only to the degree necessary in terms of facility schedules,
space and personnel constraints except where there are substantial
reasons to justify such limitations.
(3) Sobriety statement. Facility visitors and volunteers shall sign
a sobriety statement. The statement shall stipulate that:
(i) they are not under the influence of alcohol or illegal mood-
altering substances;
(ii) they are not carrying such substances on their person or in
their belongings; and
(iii) they consent to a breath test or non-invasive search as a
condition of entry, if there is probable cause.
(4) Searches (visiting). The administrator or designee shall
provide clear instructions to staff and juveniles concerning juvenile
and visitor search procedures and the approval required for visual
observations of unclothed juveniles.
(5) Special visits. The administrator or designee shall provide for
special visits from persons who have travelled long distances, to
hospitalized juveniles and to juveniles in disciplinary status.
(6) Visitor personal property. Visitors shall not bring personal
property into the secure area of the facility.
(7) Visitor registration. The administrator or designee shall
provide for visitor registration and identification on entry into the
facility.
Subpart D--Adult Community Residential Facilities
Sec. 10.31 Administration and management.
(a) General administration--(1) Mission and goals. A written
statement, which shall be updated as necessary, shall describe the
philosophy, goals and policies of the facility.
(2) Administration of facility. An administrator, whose
responsibility and authority shall be documented, shall oversee each
facility. The appointment shall be based on written qualifications.
(3) Organization chart. An organization chart shall describe the
facility's organization and chain of command. The chart shall be
updated as needed.
(4) Service provider roles. A Memorandum of Agreement (MOA), which
shall be updated as needed and reviewed at least annually, shall define
the role and function of employees of public or private agencies
providing a service to the facility. The MOA shall specify the relation
of service providers to the authority and responsibility of the
administrator.
(5) Interagency meetings. The administrator shall conduct regular
meetings between the staff of criminal justice, detention, social
service, health care and community residential agencies to develop and
maintain effective interagency coordination.
(6) Policy and procedure manual. All employees of the facility
shall have access to a policy and procedure manual and its supporting
documents. The Chief, Division of Law Enforcement, shall approve the
manual and its supporting documents, which shall provide for the
implementation of these standards and shall direct documentation of
compliance. The administrator shall update the manual as needed and
review it annually.
(7) Dissemination of policy and procedure. The administrator shall
disseminate approved, new or revised policies and procedures to
designated staff, volunteers and, where appropriate, residents prior to
implementation. Staff shall review and indicate in writing that they
understand the content of policies and procedures prior to their
implementation.
(8) Channels of communication. The administrator or designee shall
regularly disseminate information to staff prior to the beginning of
their shift.
(9) Monitoring and assessment. The Agency Superintendent or
designee shall review and inspect operations and programs at least
annually.
(10) Annual report. The administrator shall submit a written annual
report to the Chief, Division of Law Enforcement, through the Area
Director and Agency Superintendent, and shall forward a copy to the
appropriate court and health care authority. The report shall address
goals, objectives, population data, programs and services provided,
budget, space and equipment needs and major developments.
(11) Public information program. The administrator or designee
shall provide for a public information program.
(12) Governing board. The facility shall have a local governing
board or advisory committee which shall be representative of the
community and shall meet at least semi-annually.
(13) Meeting with governing board. The governing board shall
maintain a permanent record of all meetings.
(14) Legal counsel. Legal counsel shall be available to the
administrator and other staff as needed in the performance of their
duties.
(15) Separation of adults and juveniles. The administrator shall
prohibit the confinement of juveniles under the age of eighteen within
the facility.
(b) Fiscal management--(1) Budgetary compliance. If operated by the
BIA, the facility shall comply with the directives of the Agency
regarding budget preparation, submission, and administration. If
operated by a tribe, the facility shall comply with the directives of
the tribe regarding budget preparation, submission, and administration.
(2) Accounting compliance. If operated by the BIA, the facility
shall comply with the Agency accounting directives. If operated by a
Tribe, the facility shall comply with Tribal accounting directives.
(3) Basis of budget. The administrator shall document a direct
relationship between the budget and planned operational, staffing and
program needs.
(4) Property management compliance. If operated by the BIA, the
facility shall comply with Agency property management directives. If
operated by a Tribe, the facility shall comply with Tribal property
management directives.
(5) Federal acquisition regulation compliance. If operated by the
BIA, the facility shall comply with Agency directives for facility
services, equipment and supply purchases. If operated by a tribe, the
facility shall comply with tribal directives for facility services,
equipment and supply purchases.
(6) Space and equipment needs and deficiencies. The administrator
shall report space and equipment needs and deficiencies annually to the
Area Director through the Agency Superintendent.
(7) Program needs and deficiencies. The administrator shall report
program needs and deficiencies, i.e., staffing, supplies, training and
contract services, annually to the Chief, Division of Law Enforcement
through the Area Director and Agency Superintendent.
(8) Cost of resident board. The facility shall charge all contract
users at the same rate.
(9) Fund accounts. The administrator shall arrange for an
independent audit of resident fund accounts, including canteen or
commissary, following standard accounting practices. The administrator
shall use any profit or interest which accrues for the benefit of the
residents.
(c) Personnel--(1) Personnel policy. If operated by the BIA, the
facility shall comply with Agency personnel management directives. If
operated by a Tribe, the facility shall comply with Tribal personnel
management directives.
(2) Personnel manual. The administrator shall make a copy of the
applicable personnel manuals and regulations available to every
employee.
(3) Staffing requirements. The administrator shall review employee
workload annually to ensure that the legitimate safety and security
needs of staff and residents are addressed. The administrator shall
develop and update the facility's shift relief factor annually.
(4) Criminal record check. The administrator or designee shall
conduct a criminal record check of all new employees prior to
employment to determine if there are criminal convictions that have a
specific relationship to job performance.
(5) Physical examination. All employees who have direct contact
with residents shall have a pre-employment physical examination. There
shall be provisions for re-examination.
(6) Physical fitness. Community residential workers shall meet BIA
or comparable tribal standards for physical fitness.
(7) Code of ethics. The facility shall have a written Code of
Ethics that outlines the professional standards expected of all
employees and recognizes that community residential personnel may be
held to a higher behavioral standard because of the nature of their
duties.
(8) Confidentiality. Consultants, contract personnel, employees of
other public and private agencies and volunteers who work with
residents shall agree to comply with the facility's policies on
confidentiality of information.
(d) Training and staff development--(1) Management of training
programs. A qualified employee, who has received training in training
delivery methods, shall plan, coordinate and supervise employee and
volunteer training programs. The administrator shall identify, evaluate
and update job-related training needs annually.
(2) Training curriculum approval. The Chief, Division of Law
Enforcement, in conjunction with the Indian Police Academy, shall
approve training programs and curriculum required by these standards.
(3) Outside resources. The facility shall support the integration
of IHS-approved and other training with the approval of the
administrator.
(4) Education and training. The administrator shall encourage
employees to continue their education and training.
(5) Cultural awareness. Orientation training shall include a
component on cultural issues relative to the local tribe(s).
(6) Community residential worker orientation training. All new full
or part-time community residential workers shall receive the number of
hours of orientation training recommended by the Chief, Division of Law
Enforcement, during their first year of employment. Employees shall
complete forty of these hours prior to being independently assigned to
work in the facility.
(7) Community residential worker in-service training. All full or
part-time community residential workers shall receive an additional
forty hours of job-relevant training each subsequent year of
employment.
(8) Clerical and support staff orientation training. All new
clerical and support staff who have minimal contact with residents
shall receive the number of hours of orientation and training
recommended by the Chief, Division of Law Enforcement, within their
first year of employment.
(9) Clerical and support staff in-service training. All clerical
and support staff shall receive an additional sixteen hours of job-
relevant training each subsequent year of employment.
(10) Administrative and managerial staff orientation training. New
administrative and managerial staff shall receive at least the number
of hours of orientation training recommended by the Chief, Division of
Law Enforcement, within their first year of employment in this
position.
(11) Administrative and managerial staff in-service training.
Administrative and managerial staff shall receive at least twenty-four
hours of job-relevant training each subsequent year of employment.
(12) Specialized training. At least one community resident worker
per shift shall be certified as an emergency medical technician. All
community residential staff who have contact with residents receive
training in advanced first aid and CPR.
(e) Facility Records--(1) Compliance. The facility shall comply
with 5 U.S.C. 552 (the Freedom of Information Act), 5 U.S.C. 552(a)
(the Privacy Act of 1974), as amended, 43 CFR 2.79(a), or comparable
tribal regulations.
(2) Records management. The facility shall have a system for the
management, dissemination, retrieval, storage, archiving and (when
appropriate) destruction of information and community residential
records.
(3) Law enforcement sensitive information. Law enforcement
sensitive records and information shall be marked privileged. The
administrator or designee shall keep these records in a locked cabinet
or file room.
(4) Release of information and consent. Residents shall sign a
Release of Information Consent Form in compliance with 5 U.S.C. 552(a)
(the Privacy Act of 1974) as amended prior to the release of privileged
information. The administrator or designee shall keep a copy of the
signed release in the resident's record.
(5) Separation of record contents. The administrator or designee
shall identify and separate contents of resident records according to
an established format which, at a minimum, shall separate privileged
from public information.
(6) Access to information. The administrator shall define clearly
personnel who have access to resident records.
(7) Daily report. The administrator or designee shall maintain a
daily report which shall identify:
(i) the names of residents in custody, including residents on
temporary release or in other locations;
(ii) names of residents admitted and released; and
(iii) the number of days each resident has been in the facility.
(8) Identification and location record. The facility shall maintain
a system that identifies all residents and their actual physical
location.
(9) Resident record. The facility shall maintain resident records
of all residents held at the facility. The record shall include, but
not be limited to:
(i) initial intake form;
(ii) a copy of the initial detention booking record which resulted
in this placement;
(iii) case information from referral source, if available;
(iv) case history or social history;
(v) medical record;
(vi) individual plan or program;
(vii) signed release of information forms;
(viii) current employment or education data;
(ix) signed acknowledgement of receipt of program rules and
disciplinary policy; documented legal authority to accept resident;
(x) grievance and disciplinary record;
(xi) referrals to other agencies; and
(xii) final release or transfer report.
(10) Admission information. The administrator or designee shall
record initial admission information for each resident. The record
shall included, unless prohibited by statute, at a minimum:
(i) admission number;
(ii) name and address;
(iii) date and place of birth;
(iv) gender;
(v) ethnic origin or tribal affiliation;
(vi) present or last place of employment;
(vii) emergency contact name, relationship, address and phone
number;
(viii) date and time of admission;
(ix) name of referring agency or committing authority;
(x) special medical problems or needs;
(xi) legal status, including jurisdiction, length and conditions of
sentence; and
(xii) signature of both resident and employee taking the
information.
(11) Conducting research. All research conducted shall comply with
federal and tribal regulations pertaining to conducting and
disseminating research findings as well as professional and scientific
ethics. The administrator, Agency Superintendent and the Area Director
shall approve all research prior to implementation. The administrator
shall regulate voluntary resident participation in research.
(f) Citizen involvement and volunteers--(1) Volunteer coordinator.
The administrator shall encourage citizen participation in volunteer
programs by designating a staff member as volunteer coordinator.
(2) Volunteer plan. The volunteer coordinator shall develop and
implement a written plan for volunteer services. The volunteer
coordinator and administrator shall update the plan as necessary and
review it at least annually. The plan shall include:
(i) lines of authority;
(ii) responsibility and accountability for volunteer services;
(iii) procedures for the screening and selection of volunteers;
(iv) a volunteer orientation or training program, which is
appropriate to the nature of the assignments;
(v) a requirement that volunteers shall agree in writing to abide
by all facility rules, policies, procedures and practices, particularly
those related to security and confidentiality of information; and
(vi) a statement that the administrator may discontinue a volunteer
activity at any time by written notice.
Sec. 10.32 Physical plant.
(a) Code compliance--(1) Building and safety code compliance. If
owned by the Bureau, the facility shall comply with 29 CFR Part 1910,
Subparts D, E, G and L. If owned by a tribe, the facility shall comply
with the National Fire Protection Association (NFPA) Life Safety Code
101 Chapters 2, 4 through 7, and 16 (if new community residential
occupancy) or 17 (if existing community residential occupancy), or
comparable tribal regulations.
(2) Zoning. The facility shall comply with applicable zoning and
land use requirements.
(3) Accessibility. The facility shall comply with 25 U.S.C. 794
(the Rehabilitation Act of 1973) as amended, 41 CFR 101-19.6 (Uniform
Federal Accessibility Standards), and 43 CFR Part 17.
(4) OSHA compliance. The facility shall comply with 29 CFR Part
1910, Subparts C through E, G, K, L and S (Occupational Health and
Safety Standards) or comparable tribal regulations. If other activities
governed by sections of 29 CFR Part 1910 not identified in this
standard are carried out in the facility, the section(s) of 29 CFR Part
1910 governing that activity or comparable tribal regulations apply.
(5) Health and safety inspection. In compliance with 29 CFR Part
1960 Subparts B through D, the facility shall receive at least one
inspection each year by a qualified safety and health inspector and
Environmental Health Specialist and/or Sanitarian. Any request for
inspection shall be directed to the Area Safety Manager or Officer
through the Agency Superintendent.
(6) Furnishings and equipment code compliance. The administrator
shall maintain documentation by an independent, qualified source that
the interior furnishing materials in inmate living areas, exit areas
and places of public assembly shall be in accordance with NFPA Life
Safety Code Section 6-5 or comparable tribal regulations.
(b) Facility organization--(1) Separation from detention. When the
facility is part of or attached to a detention facility, residents
shall be housed separately from detained inmates. Community residential
facility residents and detained inmates shall not use program and
activity spaces at the same time.
(2) Separation of males and females. The facility shall provide for
sight and sound separation of male and female residents in their
sleeping, shower and toilet areas.
(3) Rated capacity. The number of residents shall not exceed the
facility's rated capacity.
(4) Location. The facility shall be located conveniently for
criminal justice agencies, the health authority, community agencies and
residents' legal representatives, families and friends.
(c) Environmental conditions--(1) Artificial light levels. Lighting
levels in resident cells or rooms shall be at least twenty footcandles
at the desk and in the personal grooming areas. Lighting levels
throughout the facility shall be appropriate to the tasks and
activities carried out in its spaces. An independent, qualified source
shall document lighting levels.
(2) Noise levels. Noise levels shall not exceed seventy decibels in
the daytime and forty five decibels at night. An independent, qualified
source shall document noise levels.
(3) Indoor air quality. Air circulation shall be at least ten cubic
feet of outside or recirculated filtered air per minute per occupant.
An independent, qualified source shall document air circulation.
(4) Use of tobacco. The administrator shall regulate the use of
tobacco in the facility by staff, residents and the public.
(5) Heating and cooling. Temperatures shall be appropriate to the
summer and winter comfort zones.
(d) Security and control--(1) Emergency exits. In compliance with
29 CFR 1910.37, designated exits in the facility shall permit prompt
evacuation of residents and staff members in an emergency. Facility
exits shall be properly positioned, clear and distinctly and
permanently marked.
(2) Emergency equipment. The facility shall have the equipment
necessary to maintain essential lights in an emergency.
(e) New facility planning process--(1) New facility planning
requirement. All new construction, renovation and expansion projects
shall follow the Planning of New Institutions (PONI) process as
required by 25 CFR Part 296.
(2) Safety management review. The design and specifications for all
new construction, renovation and expansion projects shall be reviewed
by the Bureau of Indian Affairs in compliance with 29 CFR 1960, Suparts
B through D.
(f) New construction, renovation and expansion--(1) Single
occupancy requirements. Only one resident shall occupy each room
designed for single occupancy. All single rooms shall have at least
sixty square feet of floor space of which no more than four square feet
is closet or wardrobe space. Each room shall have, at a minimum:
(i) natural light;
(ii) bed, mattress, pillow and bedding;
(iii) access to toilets, wash basins and showers with some degree
of privacy; and closet or locker space for the storage of personal
items.
(2) Multiple occupancy requirements. Where used, multiple occupancy
rooms shall provide:
(i) a minimum of sixty square feet of floor space per occupant in
the sleeping area of which no more than four square feet is closet or
wardrobe space;
(ii) natural light;
(iii) access to toilets, washbasins and showers, with some degree
of privacy; and
(iv) some degree of privacy in the sleeping area.
(3) Space, furnishings and conditions for dayrooms. The facility
shall provide dayroom space sufficient for facility residents. The
dayroom shall provides:
(i) natural light;
(ii) a minimum of thirty-five square feet of space per resident;
and
(iii) seating and writing surfaces, sufficient for the number of
residents who use the dayroom.
(4) Toilets. The facility shall provide operable toilets at a
minimum ratio of one for every twelve residents in male facilities and
one for every eight residents in female facilities. Urinals may be
substituted for up to one-half of the toilets in male facilities. All
housing units with three or more residents shall have two toilets.
(5) Wash basins. Residents shall have access to operable wash
basins with hot and cold running water in the housing units at a
minimum ratio of one basin for every twelve occupants.
(6) Showers. Residents shall have access to operable showers with
temperature-controlled hot and cold running water at a minimum of one
shower for every eight residents. Water for showers shall be
thermostatically controlled to temperatures ranging from one hundred
degrees to one hundred-twenty degrees Fahrenheit.
(7) Housing for the disabled. Disabled residents shall be housed in
a manner that provides for their safety in compliance with 25 U.S.C.
794 (the Rehabilitation Act of 1973) as amended, 41 CFR 101-19.6
(Uniform Federal Accessibility Standards), and 43 CFR Part 17, yet
prevents their being discriminated against in their use of the
facility.
(8) Exercise and recreation areas. The facility shall provide
access to outdoor, covered or enclosed exercise areas. Outdoor exercise
areas shall provide a minimum of one thousand five hundred square feet
of unencumbered space; covered and enclosed exercise areas shall
provide a minimum of one thousand square feet of unencumbered space.
Exercise areas shall be adequate in size and type to ensure that each
resident shall be offered at least one hour of access daily regardless
of climatic conditions.
(9) Multi-purpose and interview rooms. The facility shall provide a
minimum of one accessible multi-purpose room and one accessible
interview room.
(10) Visiting spaces. The facility shall provide space and
furnishings for group activities and visits. The space shall allow
contact between residents and visitors.
(11) Food service spaces. When the facility provides for food
preparation, it shall have adequate space for food processing, storage,
refrigeration and sanitation. Toilet and wash basin facilities shall be
available to food service personnel and residents in the vicinity of
the food preparation area. The square footage of the kitchen shall be
appropriate to the needs of the facility. The facility shall provide a
dining area with a minimum of fifteen square feet per occupant.
(12) Storage spaces. The facility shall provide the following
storage spaces:
(i) a secure, well-ventilated janitor closet, which includes sink
and adequate space for the storage of cleaning implements and supplies;
(ii) secure storage for flammable, toxic and caustic items; and
(iii) storage space for resident clothing, bedding, mattresses,
personal hygiene items and facility supplies.
(13) Laundry. The facility shall have a minimum of one operable
washer and one operable dryer, appropriate to the level of use, or
equivalent laundry services available in the community.
(14) Medication storage. The facility shall provide space for the
secure storage of medications kept in the facility.
(15) Staff toilets. The facility shall provide staff toilets that
residents shall not use.
(16) Public spaces. The facility shall provide public restroom(s)
and a visitor waiting or entry with an adequate number of seats to
accommodate anticipated visitors outside resident living areas.
(17) Administration. The facility shall provide adequate space for
its administrative functions. This space shall include an office for
the administrator, work space for clerical staff, space for duplication
of copies, supply and equipment storage, space for storage of facility
records and space for meetings.
(18) Staff. The facility shall provide adequate space for staff
assigned to work in the facility. These spaces include an area in which
they can store personal property, change clothes and shower, and an
area in which training, meetings, briefings and breaks can occur.
(19) Mechanical. The facility shall provide separate and adequate
space for mechanical systems and equipment.
Sec. 10.33 Institutional operations.
(a) Security and control--(1) Full coverage of posts. At least one
staff person shall be on the facility premises, awake, available and
responsible to residents' needs twenty-four hours a day. The staffing
pattern of the facility shall concentrate staff at the times when most
residents are in the facility.
(2) Supervision of coed activities. Facility staff shall supervise
male and female residents in coed activities and spaces continuously
and directly.
(3) Male and female staff requirement. When both males and females
are housed in the facility, at least one male and female staff member
shall be on duty at all times.
(4) Prohibited supervision. No resident or group of residents shall
be given control or authority over other residents.
(5) Counts. The facility shall have a system to physically count
residents that includes strict accountability for residents assigned to
work and education release and other approved temporary releases.
(6) Movement. Community residential staff shall regulate all
resident movement outside the facility.
(7) Transportation of residents. The administrator shall govern the
safe and secure transportation of residents outside the facility.
(8) Use of vehicles. The administrator shall govern the use of
departmental and personal vehicles for official purposes and shall
prohibit the use of personal vehicles for transportation of residents.
(9) Shift activity log. The facility shall maintain a written
record of the following:
(i) personnel on duty;
(ii) resident population at the beginning and end of each shift;
(iii) record of counts taken;
(iv) shift activities; and
(v) unusual occurrences or incidents.
(10) Weekly inspection. The administrator or designee shall inspect
all facility spaces and equipment at least weekly, to determine the
status of all security items and the sanitary condition of the
facility. The administrator or designee shall document the inspection
and initiate corrective action if needed.
(11) Monthly inspection. The administrator shall inspect all areas
of the facility at least monthly to determine the status of all safety
items, determine the sanitary condition of the facility, document the
inspection and initiate corrective action if needed.
(12) Fire safety inspection. A qualified fire protection specialist
shall inspect the facility to test the fire suppression and detection
system, equipment and facility training in compliance with 29 CFR
1910.36(d), 1910.37(m), 1910.37(n), 1910.38, and 29 CFR 1960, Subpart
D.
(13) Use of restraints. Staff shall use instruments of restraint
are only used as a precaution against escape during transfer. Staff
shall use restraints during transfer only with the approval of the
administrator or designee and only for the amount of time that is
absolutely necessary.
(14) Contraband control. The administrator shall provide for
searches of facilities and residents to control contraband and to
provide for its disposition. When a new crime is suspected, the
administrator shall be notified. The administrator shall maintain and
make available to the appropriate authorities all evidence.
(15) Visual inspections. Trained staff shall conduct visual
inspections of unclothed residents only when there is a reasonable
belief that the resident is carrying contraband or other prohibited
material or at the time of admission if the resident is admitted from
the community. Trained staff of the same sex as the resident shall
conduct all visual inspections in private.
(16) Key and tool control. The administrator shall govern the
control, issuance, use and storage of keys, tools and culinary and
medical equipment.
(17) Use of force and firearms. The facility shall comply with 25
CFR 11.304 with regard to the use of force, firearms, chemical agents,
or any other weapon. The administrator shall prohibit the presence of
firearms of any kind within the facility or on its grounds.
(b) Safety and emergency procedures--(1) Fire prevention. The
administrator shall govern the storage and use of all flammable, toxic
and caustic materials, the use of non-combustible receptacles for
smoking materials, the amount of personal items, including reading
materials, which residents may keep in their living units and the
amount and location of items stored in the facility.
(2) Preventive maintenance. The administrator or designee shall
develop a written plan for preventive maintenance of the facility. The
administrator shall review the plan annually and update it as needed.
If tribally operated, the plan shall be supported by a Memorandum of
Agreement between the tribe and the Agency.
(3) Evacuation plan. The administrator shall develop a written
evacuation plan prepared in case of fire or major emergency. The plan
shall comply with 29 CFR 1910.38 or comparable tribal code. The
applicable Safety Officer or designee shall review and approve the plan
initially and annually. The administrator shall update and reissue the
plan if necessary. The plan shall include:
(i) location of floor plans;
(ii) use of exit signs and directional arrows for traffic flow;
(iii) location of a publicly posted plan;
(iv) at least quarterly drills in all facility locations; and
(v) coordination with the fire department which services the
facility.
(4) Emergency plans. The administrator or designee shall develop
written plans that specify procedures to be followed in emergency
situations. The administrator shall make these plans available to
applicable personnel and shall review and update them at least
annually. All facility personnel shall be trained in the implementation
of these plans. Emergency situations shall include, but not be limited
to:
(i) riots and disturbances;
(ii) hunger strikes;
(iii) hostage situations;
(iv) work stoppages;
(v) unattended deaths, including successful suicides;
(vi) attempted suicides;
(vii) escapes and unauthorized absences; and
(viii) other threats to the security of the facility.
(5) Incident reporting. The administrator shall require the
immediate reporting of all incidents that result in physical harm to
any person, threaten the safety of any person, result in the need for
emergency care, result in damage to the facility or facility property,
threaten the security of the facility, or involve the commission of a
criminal offense. The administrator shall forward the reports to the
Agency Superintendent through the appropriate chain of command.
(6) Medical treatment (incident). The administrator or designee
shall ensure that all persons injured in an incident receive an
immediate medical examination and treatment.
(7) Notification of family. The administrator shall provide for the
notification of persons designated by the resident in the event of
serious illness, injury or death.
(c) Rules and discipline--(1) Rules of conduct. The administrator
shall develop written rules of resident conduct that specify acts
prohibited within the facility and penalties that may be imposed for
various degrees of violations. The administrator or designee shall
provide these to all residents and shall ensure that all residents
understand them. All personnel who deal with residents shall receive
sufficient training prior to working in the facility to be thoroughly
familiar with the rules of resident conduct, the sanctions available
and the rationale for the rules. The administrator shall review the
written rules of resident conduct annually and update them, if
necessary, to ensure that they are consistent with constitutional and
legal principles as well as BIA and tribal standards and codes.
(2) Minor infractions. The administrator shall provide guidelines
for the informal resolution of minor resident misbehavior.
(3) Grievance procedure. The administrator or designee shall make a
written grievance procedure available to all residents. The procedure
shall include at least one level of appeal.
(4) Criminal violations. In instances in which a resident is
alleged to have committed a crime, the administrator or designee shall
refer the case to the appropriate law enforcement officials for
possible prosecution.
(5) Disciplinary reports. When rule violations require formal
resolution, staff members shall prepare a disciplinary report and
forward it to the administrator or designee. The disciplinary report
shall include, but is not limited to:
(i) specific rules violated;
(ii) a formal statement of the charge(s);
(iii) an explanation of the event, which shall include who was
involved, what transpired and the time and location of the occurrence;
(iv) unusual resident behavior;
(v) staff witnesses;
(vi) disposition of any physical evidence;
(vii) any immediate action taken, including the use of force; and
(viii) reporting staff member's signature; and
(ix) date and time the report is made.
(6) Disciplinary process. Residents shall receive notification of
the rules violated, a formal statement of the charge, a description of
the incident and notice of the date and time of hearing. The
administrator or designee shall advise residents of their rights to be
present at the hearing, to call witnesses on their behalf, to make a
statement, to present documentary evidence, and to ask for assistance
from staff in representing them at the hearing. An impartial person or
panel of persons shall conduct the hearing.
(7) Immediate removal from program for disciplinary reasons. The
administrator shall provide for the immediate return of a resident for
an alleged disciplinary violation to a secure facility if the safety of
the resident, other residents, staff or the security of the facility is
at stake.
(8) Disciplinary detention. The administrator shall remove
residents from program for a disciplinary violation only after a
hearing.
(9) Record of disciplinary hearing. The persons conducting the
disciplinary hearing shall make a written copy of the decision and its
disposition and shall provide copies to the resident and the
administrators of the secure and community residential facilities for
review. Residents shall have the right to appeal the decision to the
administrator of the community residential facility or the next level
of authority. The disciplinary report shall be removed from all files
of residents found not guilty of an alleged rule violation.
(d) Removal from program--(1) Emergency removal. Pursuant to a
placement order, the administrator of the facility or designee can
order immediate removal from program and return to a secure facility
when it is necessary to protect the resident or others. The immediate
supervisor of the person ordering removal from program or the
contracting officer shall review this action within three working days.
(2) Return to program. The administrator or designee shall use a
review process to reinstate a resident who has been removed from
program.
(e) Resident rights--(1) Access to courts, counsel and legal
materials. Residents shall have the right to have access to attorneys,
legal representatives, the courts and legal materials and to address
uncensored communications to governmental authorities.
(2) Freedom from discrimination. Residents shall have the right to
be free from discrimination based on race, religion, national origin,
tribal affiliation, sex, disability, political beliefs, favoritism or
nepotism. Residents shall have the right to equal access to programs
and work assignments as provided in the classification program.
(3) Equal access for women. Male and female residents shall have
the right to equal access to programs and services.
(4) Right to communicate. Residents shall have the right to receive
visits and to communicate or correspond with persons or organizations,
subject only to the limitations necessary to maintain order and
security.
(5) Protection from harm. Residents shall have the right to
protection from personal abuse, corporal punishment, personal injury,
disease, property damage and harassment, by either staff or residents.
(6) Freedom of personal grooming. Residents shall have the right to
determine the length and style of scalp or facial hair, unless health
and safety reasons exist.
(7) Treatment. Residents shall have the right to medical, dental,
mental health and substance abuse treatment and rehabilitative services
as directed by the health authority.
(f) Admission--(1) Admission policies. The facility shall have
clearly defined written procedures governing admission.
(2) Documentation of commitment. Court order, statute or compact
shall document legal commitment authority.
(3) Notification of non-acceptance. The administrator or designee
shall advise the referring agency when a prospective resident is not
accepted into the program, citing specific reasons.
(4) Admission criteria. The administrator shall distribute a copy
of admission policies and criteria to referring agencies and interested
parties.
(5) Admission process. Written procedures for admitting new
residents shall include, at a minimum:
(i) verification of court commitment papers or other legal
documentation for placement;
(ii) inventory of clothing and personal property taken into the
facility;
(iii) receipt of health record if required because of transfer;
(iv) completion of admission form as required by these standards;
(v) orientation; and
(vi) assignment to a room.
(6) Suicide screening. The administrator or designee shall ensure
that all residents have been screened for suicide risk prior to
acceptance in the community residential program.
(7) Orientation. All newly admitted residents shall receive written
or oral information in the language they understand. The admitting
officer shall document completion of orientation by a statement that
shall be signed and dated by the resident and employee. The orientation
shall include, but not be limited to:
(i) resident rules of conduct and potential disciplinary actions
that may be taken;
(ii) programs and services available in the facility or community;
(iii) procedures for accessing health care services; and
(iv) resident rights and privileges.
(8) Personal property inventory. The admitting employee shall
complete a written, itemized inventory of all personal property of
newly admitted residents. The resident shall sign a waiver of liability
for all personal property taken into the facility.
(9) Regulation of resident property. The administrator or designee
shall identify personal property that residents may receive or keep in
their possession while in the facility, the sources from which these
items may be obtained and how these items are received and inspected.
(g) Classification--(1) Classification policy. The administrator or
designee shall screen all residents and classify them as appropriate
for community residential status prior to placement in the community
residential facility. The administrator or designee shall review these
policies and procedures annually and update them as necessary.
(2) Prohibited segregations. The administrator shall prohibit the
segregation of residents by race, color, creed, tribal affiliation,
national origin, political beliefs, nepotism, favoritism or other
prohibited criteria.
(h) Food service--(1) Food service records. At a minimum, the
facility shall maintain records of the number of meals served to the
resident population, the expenditures for food supplies and menus
(planned and as served).
(2) Dietary allowances. The facility shall document that a
registered dietician reviews dietary allowance at least annually to
ensure compliance with nationally recommended food allowances. A diet
manual, approved by a registered dietician, shall guide dietary
allowances, including special diets.
(3) Menu planning. The administrator or designee shall plan, date
and make all menus available for review at least one week in advance.
The administrator or designee shall make notations of any
substitutions, which shall be of equal nutritional value, in the meals
actually served. The administrator or designee shall consider Native
American food preferences in menu planning. The administrator or
designee shall direct that menu evaluations shall be conducted at least
quarterly to verify adherence to the nationally recommended basic daily
servings.
(4) Medical special diets. The administrator or designee shall
provide for special diets that are prescribed by appropriate medical or
dental personnel.
(5) Religious preference special diets. The administrator or
designee shall provide for special diets for residents whose beliefs
require adherence to religious dietary laws.
(6) Food and discipline. The administrator shall prohibit the use
of food as a disciplinary measure.
(7) Health protection. Food service facilities and equipment shall
meet health and safety standards. Food service personnel and residents
working in the food service area shall comply with applicable health
regulations. The administrator or designee shall document compliance
with health and safety regulations, including but not limited to, a
pre-assignment medical examination.
(8) Inspections of food products. The appropriate government agency
shall inspect and approve food products that are grown or produced
within the system. The administrator or designee shall implement a
distribution system that ensures prompt delivery of foodstuffs.
(9) Inspection of food service area. The administrator or designee
shall conduct a weekly inspection of all food service areas and
equipment to ensure that they are sanitary, that all food storage areas
are temperature controlled, and that food service personnel have made
daily checks of refrigerator and water temperatures.
(10) Meal service. The facility shall serve meals under the direct
supervision of staff. The facility shall provide at least three meals,
of which two shall be hot, served at regular meal times during each
twenty-four hour period, with no more than fourteen hours between the
evening meal and breakfast. Provided that basic nutritional goals are
met, variations may be allowed based on weekend and holiday food
service demands.
(i) Sanitation and hygiene--(1) Water supply. The administrator
shall maintain documentation that the entity which provides the
facility's water source, supply, storage and distribution system meets
the requirements of 42 U.S.C. 300g-6 (the Safe Drinking Water Act).
(2) Sewage system. The administrator shall maintain documentation
that entity which provides the facility's sewage system complies with
33 U.S.C. 1251 et seq. (the Clean Water Act of 1977).
(3) Sanitation plan. The administrator or designee, in cooperation
with the BIA or tribal maintenance program, shall develop a written
housekeeping plan for all areas of the physical plant. The
administrator or designee shall update the plan as needed and review it
at least annually. The plan shall provide for daily housekeeping and
regular maintenance by assigning specific duties to staff, residents
and BIA or tribal Facility Maintenance. The plan shall require that:
(i) Facility floors be kept clean, dry and free of hazardous
substances;
(ii) A qualified person conduct monthly inspections to control
vermin and pests;
(iii) Solid and liquid wastes be disposed of properly;
(iv) Clean, suitable and presentable bedding, linens, towels and
(if applicable) clothing be issued to new residents and exchanged on at
least a weekly basis;
(v) Necessary cleaning and storage of resident personal clothing be
provided;
(vi) Articles needed for personal hygiene be furnished; and
(vii) Sufficient facilities in the housing areas to permit
residents to shower or bathe on admission to the facility and daily
thereafter.
(4) Special clothing issue. The facility shall provide for the
issue of special and, where appropriate, protective clothing and
equipment to residents participating in special work assignments. Such
clothing shall be available in quantities that permit exchange as
frequently as the work assignment requires.
(5) Hair care. The administrator or designee shall allow residents
to arrange for hair cutting services.
(j) Health care--(1) Written health care plan. A written plan shall
provide for the delivery of health care services, including medical,
dental, mental health and substance abuse treatment, under the control
of a designated health authority. The plan shall include the
participation of IHS, social services and tribal health care providers.
A Memorandum of Agreement between the administrator and the Director of
the appropriate Indian Health Service (IHS) Service Unit or IHS
contract health care provider shall document the health care plan. When
this authority is other than a physician, final medical judgments shall
rest with a single responsible physician, designated by the appropriate
health authority, who shall meet the applicable licensure requirements.
(2) Health program coordinator. In facilities without full-time,
qualified health personnel, a health-trained staff member shall
coordinate the health care delivery system in the facility under the
joint supervision of the responsible health authority and the
administrator.
(3) Annual review. The administrator and the health authority shall
update the plan as needed, review it annually to determine program
needs include staffing, equipment and supplies and document its review
by signature and date.
(4) Medical/mental health judgment. Medical, dental and mental
health matters involving clinical judgments shall be the sole province
of the responsible physician, dentist and/or psychiatrist or qualified
psychologist.
(5) Security regulations. Security regulations applicable to
facility personnel shall apply to health personnel.
(6) Meetings with provider. The health authority shall meet with
the administrator or designee at least quarterly to review and evaluate
the health care delivery system. The health authority shall provide an
annual statistical report which documents the level and amount of
health care services provided.
(7) Review of health care policies. The health authority and the
administrator shall review and approve all policies and procedures
relative to the health care plan prior to submission of these policies
to the Chief, Division of Law Enforcement. Policies and procedures
shall be reviewed at least annually and documented by signature and
date.
(8) Health training program. The responsible health authority, in
cooperation with the administrator, shall establish a health training
program. The program shall provide instruction in the following areas:
(i) Appropriate procedures to prevent the spread of communicable
diseases;
(ii) Ability to respond to health-related situations within four
minutes;
(iii) Recognition of signs, symptoms and actions required in
potential emergency situations;
(iv) Recognition of chronic illness;
(v) Administration of first aid and cardiopulmonary resuscitation
(CPR);
(vi) Methods of obtaining assistance from the health care provider;
(vii) Recognition of signs and symptoms of and management of
residents with mental illness, retardation, emotional disturbance,
chemical dependency and suicidal behavior; and
(viii) Procedures for patient transfers to appropriate medical
facilities or health care providers.
(9) Sick call. The administrator or designee shall provide for the
collection and referral of resident requests for health care. The
facility shall have a system of sick call in-house or at the health
care facility. The system shall include provision for referral of
residents by staff for medical or other behavioral health evaluation,
i.e, mental health, substance abuse, suicide. Sick call shall be held
no less than once per week.
(10) Twenty-four-hour emergency care. The administrator and health
authority shall develop a written plan for the provision of twenty-four
hour emergency medical, dental and mental health care. The
administrator and the health authority shall update the plan as needed
and shall review it at least annually. At a minimum, the plan shall
include:
(i) Emergency evacuation of the resident from the facility;
(ii) Emergency evaluation of the resident for medical or mental
health problems;
(iii) Use of an emergency medical vehicle;
(iv) Use of one or more designated hospital, clinic, emergency on-
call physician, dentist, psychiatrist, qualified psychologist or
otherwise qualified clinician; and
(v) Procedures that provide for the immediate transfer of residents
when appropriate.
(11) Health care treatment. Health care staff or health-trained
community residential staff shall perform treatment pursuant to written
direct orders by personnel authorized by law to give such orders.
(12) Licensure requirements. The health authority shall comply with
all applicable federal law, licensure requirements, rules, regulations
and medical protocols in the delivery of health care services to the
resident population.
(13) Traditional practitioners. The facility shall allow residents
to participate in or receive traditional healing ceremonies and to use
traditional healing methods, limited only to the degree necessary to
preserve institutional security and order.
(14) Prohibited use of residents. Residents shall not perform
direct patient services, schedule health care appointments, determine
access of other residents to health care services, access to first aid
kits, handle or have access to surgical instruments, syringes, needles,
medications, or health records, or operate equipment for which they are
not trained.
(15) Management of medications. The administrator and health
authority shall provide for the proper management of individual doses
of medications kept in the facility. The administrator and health
authority shall review the policy annually and update it as needed.
(16) Administration of medications. The administrator or designee
shall ensure that persons administering medications have received
training appropriate to their assignment. Employees shall administer
medications according to direct or physician orders and shall record
the administration of medications in a manner and on a form approved by
the responsible physician.
(17) Preliminary health care screening. The administrator or
designee shall ensure that all residents have received a health
screening interview prior to acceptance into the community residential
program.
(18) Health appraisal. The health authority shall provide a health
appraisal for each resident is provided within fourteen days of
admission unless there is documentation that the resident has had an
appraisal within thirty days prior to admission to the facility. A
health-trained professional or otherwise qualified personnel shall
collect health history and vital signs. Only qualified health care
personnel shall collect other data. The health appraisal shall include:
(i) Review of the transferred health record and/or health
screening;
(ii) Screening for diet counseling for medical reasons;
(iii) Collection of additional data to complete the medical,
dental, psychiatric and immunization histories, if not already
available;
(iv) Recording of height, weight, pulse, blood pressure and
temperature, if not already available;
(v) Administration of laboratory and other tests and examinations
as appropriate, if medically indicated;
(vi) Notation of additional comments as needed; and
(vii) Initiation of therapy as appropriate.
(19) Health examination. Qualified health care personnel shall
complete a health examina tion for each resident within thirty days of
admission. The examination shall include:
(i) A ``hands-on'' examination by an appropriately licensed health
care professional;
(ii) Dental screening, hygiene and treatment when the health of the
resident would be adversely affected; and
(iii) Additional health care services as indicated by qualified
health care personnel.
(20) First aid kits. The administrator shall ensure that first aid
kits are available in designated areas of the facility as determined by
the Safety Officer during the annual inspection. The health care
provider shall determine the appropriate content of first aid kits.
(21) Special medical programs. The health authority shall provide
specialized health education and treatment programs, including, but not
limited to, personal hygiene, diet and exercise, family planning,
communicable diseases, including sexually transmitted diseases and
substance abuse education, prevention, intervention and treatment.
(22) Detoxification. The administrator and health authority shall
develop a written plan to guide the clinical management of chemically
dependent residents. The plan shall specify the process for involving
the health authority and the substance abuse program on both a
continuing and crisis intervention basis. The plan shall include:
(i) Completion of assessment prior to admission into the program;
(ii) Validation that the individual only requires non-
pharmacologically supported care;
(iii) Integration of individual treatment plans into the
individualized program plan; and
(iv) Referrals to specified community resources on release when
appropriate.
(23) Substance abuse programming. The administrator and health
authority shall develop a written plan to provide substance abuse
education, intervention, assessment and treatment to residents who are
diagnosed as substance abusers. The administrator, the health authority
and the substance abuse program provider shall update the plan as
needed and review it at least annually. The plan shall link existing
community programs and services to the facility program. The plan shall
include, at a minimum:
(i) Assessment and evaluation;
(ii) Referral for treatment, if requested or court-ordered; and
(iii) Availability of appropriate self-help groups.
(24) Informed consent. The health authority shall observe informed
consent standards of the community for all resident care, examinations,
treatments and procedures affected by informed consent. Health care
shall not be rendered against a resident's will.
(25) Participation in research. The health authority shall prohibit
the use of residents for medical, pharmaceutical, or cosmetic
experiments. This standard shall not preclude individual treatment of a
resident based on need for a specific medical procedure that is not
generally available.
(26) Confidentiality of health records. In compliance with 5 U.S.C.
552(a) (the Privacy Act of 1974) as amended and 42 CFR Part 2
(Regulations on Confidentiality of Alcohol and Drug Abuse Patient
Records), the health authority shall keep the health record
confidential. The health authority shall require that, at a minimum:
(i) The active health record be maintained separately from the
program record;
(ii) Access to the health record be controlled by the health
authority; and
(iii) The health authority shall share with the administrator of
the facility or designee information regarding a resident's medical
management, security and the ability to participate in programs.
(27) Medical record contents. The health authority shall approve
the method of recording entries in the record and the form and format
of the record. A resident's medical record shall contain:
(i) Transferred health record;
(ii) Copies of the completed intake screening form, if separate;
(iii) The health appraisal data collection form, if separate;
(iv) Prescribed medications and their administration;
(v) Laboratory, x-ray and diagnostic studies;
(vi) The signature and title of each documenter;
(vii) Consent and refusal forms;
(viii) Release of information forms;
(ix) Place, date and time of health encounters;
(x) Discharge summary of hospitalization (if applicable); and
(xi) Health service reports (e.g., dental, psychiatric and other
consultations).
(28) Transfer of health information and records. Summaries or
copies of the health record shall be sent routinely to the health
authority of any facility to which the resident is transferred. The
resident shall authorize, in writing, the transfer of health records
and information, unless otherwise provided by law or administrative
regulation having the force and effect of law.
(k) Release--(1) Temporary release. Temporary release programs
shall include:
(i) Identification of the circumstances under which residents may
be released on a temporary basis;
(ii) Operating procedures;
(iii) Written rules of resident conduct;
(iv) A record-keeping system that documents dates, times and
authorization for release;
(v) A system to evaluate program effectiveness; and
(vi) Efforts to obtain community cooperation and support.
(2) Work or education release. The administrator or designee shall
encourage residents to participate in work or education release
programs. The appropriate court shall sanction education and work
release.
(3) Final release. Written procedures for the final release of
residents shall include, but not be limited to:
(i) Verification of identity and release authority, including
verification of completion of terms of the sentence;
(ii) Verification that all resident property leaves with the
resident and that no facility property leaves the facility;
(iii) Completion of any pending action, such as grievances or
claims for damages or lost possessions;
(iv) Transfer of health information if appropriate; and
(v) Transportation arrangements, if required.
(4) Sentence reduction. Where tribal code permits, the
administrator or designee shall allow sentence reduction based on
evidence of good behavior.
(5) Detainers. The presence of a detainer shall not automatically
prevent the release of a resident from the community residential
facility.
Sec. 10.34 Resident programs and services.
(a) Individual program plan--(1) Development of individual program
plan. Within the first two weeks of admission, the facility staff shall
design a written program, tailored for each individual, with and for
each resident. The staff and resident shall sign and date the plan,
which shall include measurable criteria of expected behavior and
accomplishments and a time schedule for achieving specified goals.
(2) Program review. Staff shall review resident progress at least
monthly either through staff meetings or by individual staff; staff
shall document the outcome of each review.
(3) Change in program. Staff shall review and discuss any change in
an individualized program with the resident. Staff and resident shall
document the review by signature and date.
(4) Removal from program. The administrator shall govern the
removal of any resident from the program.
(5) Case management. Facility staff shall use a case management
approach to provide counseling services for each resident. Staff of the
community residential facility shall either provide or coordinate this
service.
(6) Facility reimbursement. The administrator shall govern the
facility's reimbursement by residents.
(7) Resident budget. Residents who earn money shall develop a
written personal budget.
(b) Program coordination--(1) Availability of programs. The
administrator or designee shall develop a written plan for resident
activities, programs and services to prevent enforced idleness.
Resident programs and services shall be available in the facility or
accessible in the community. Programs and services shall include, but
not be limited to social services, religious services, including
traditional religious practices and ceremonies, recreation and leisure
time activities, counseling, library services, education programs and
substance abuse programming.
(2) Inventory of community services. The administrator or designee
shall maintain and make available to all staff and residents a periodic
inventory of functioning community services.
(c) Work programs--(1) Work assignments. The administrator or
designee shall develop a written resident work assignment plan that
provides work assignments for residents include the disabled. Work may
include facility maintenance duties and community service projects. The
administrator shall prohibit discrimination in resident work
assignments based on race, creed, gender, age, marital status,
disability or tribal affiliation.
(2) Regulation of work programs. Facility resident work programs
shall comply with applicable federal regulations.
(d) Recreation, library and religious programming--(1)
Comprehensive recreation program. The administrator or designee shall
require that residents be offered opportunities for recreation and
leisure time activities. A facility staff member or trained volunteer
shall coordinate the recreation program.
(2) Library. The administrator or designee shall develop a written
plan to provide reading materials to residents. The plan shall include
the location where reading materials are kept, the process by which
residents obtain and return these materials and designation of the
staff member or trained volunteer who is responsible for library
services. The administrator shall update the plan as needed and review
it at least annually.
(3) Religious programs. Residents shall have the right to practice
their religion, subject only to the limitations necessary to maintain
institutional order and security.
(e) Correspondence and telephone--(1) Regulation of correspondence.
The administrator shall regulate resident correspondence and shall make
this policy available to all staff and residents. The administrator
shall review this policy annually and update it as needed.
(2) Limitations on resident correspondence. The administrator shall
not limit the volume of lawful correspondence (e.g., letters, packages
and publications) a resident may send or receive and shall not restrict
the length, language, content or source of the correspondence, except
where there is clear and convincing evidence to justify the limitations
for reasons of public safety, facility order or security.
(3) Indigents' correspondence. The administrator or designee shall
provide indigent residents with a system that enables them to send a
minimum of two letters per week.
(4) Inspection of letters and packages. The administrator or
designee may open resident letters or packages, both in-coming and out-
going, to inspect them for contraband. The administrator or designee
shall notify residents when in-coming or out-going letters or packages
are rejected. The administrator or designee shall deposit any cash,
checks, or money orders in the resident's account and issue a receipt
to both the resident and the sender. The administrator or designee
shall forward any contraband found to the appropriate law enforcement
authority. The supervisor shall forward all mail within twenty-four
hours of receipt except for Saturdays, Sundays and holidays. Residents
shall be prohibited from carrying money in the facility.
(5) Privileged correspondence. The administrator shall permit
residents to send sealed letters to specified groups of persons and
organizations including, but not limited to, courts, including
probation staff, counsel, officials of the confining authority,
administrators of grievance systems and the media. Mail to residents
from this specified class of persons and organizations shall be opened
only to inspect for contraband and only in the presence of the
resident.
(6) Holding and forwarding mail. The administrator or designee
shall forward or return first-class letters and packages for residents
after transfer or release.
(7) Telephone. The administrator or designee shall provide for
resident access to telephones.
(f) Visiting--(1) Visiting rules. The administrator shall establish
rules for resident visiting.
(2) Number of visitors. The administrator or designee shall limit
the number of visitors a resident may receive and the length of the
visits only to the degree necessary in terms of facility schedules,
space, the terms of the resident's individualized program plan and
personnel constraints except where there are substantial reasons to
justify such limitations.
(3) Sobriety statement. Facility visitors and volunteers shall sign
a sobriety statement. The statement shall stipulate that:
(i) They are not under the influence of alcohol or illegal mood-
altering substances;
(ii) They are not carrying such substances on their person or in
their belongings; and
(iii) They consent to a breath test or non-invasive search as a
condition of entry, if there is probable cause.
(4) Searches (visiting). The administrator or designee shall
provide clear instructions to staff and residents concerning resident
and visitor search procedures and the approval required for visual
observations of unclothed residents.
(5) Special visits. The administrator or designee shall provide for
special visits.
(6) Visitor registration. The administrator or designee shall
provide for visitor registration and identification on entry into the
facility.
Subpart E--Juvenile Community Residential Facilities
Sec. 10.41 Administration and management.
(a) General administration--(1) Mission and goals. A written
statement, which shall be updated as necessary, shall describe the
philosophy, goals and policies of the facility and its relationship to
the juvenile justice system.
(2) Administration of facility. An administrator, whose
responsibility and authority shall be documented, shall oversee each
facility. The appointment shall be based on written qualifications.
(3) Organization chart. An organization chart shall describe the
facility's organization and chain of command. The chart shall be
updated as needed.
(4) Service provider roles. A Memorandum of Agreement (MOA), which
shall be updated as needed and reviewed at least annually, shall define
the role and function of employees of public or private agencies
providing a service to the facility. The MOA shall specify the relation
of service providers to the authority and responsibility of the
administrator.
(5) Interagency meetings. The administrator shall conduct regular
meetings between the staff of juvenile justice, youth services,
education, health care, emergency shelter and community residential
agencies to develop and maintain effective interagency coordination.
(6) Policy and procedure manual. All employees of the facility
shall have access to a policy and procedure manual and its supporting
documents. The Chief, Division of Law Enforcement, shall approve the
manual and its supporting documents, which shall provide for the
implementation of these standards and shall direct documentation of
compliance. The administrator shall update the manual as needed and
review it annually.
(7) Dissemination of policy and procedure. The administrator shall
disseminate approved, new or revised policies and procedures to
designated staff, volunteers and, where appropriate, residents prior to
implementation. Staff shall review and indicate in writing that they
understand the content of policies and procedures prior to their
implementation.
(8) Channels of communication. The administrator or designee shall
regularly disseminate information to staff prior to the beginning of
their shift.
(9) Monitoring and assessment. The Agency Superintendent or
designee shall review and inspect operations and programs at least
annually.
(10) Annual report. The administrator shall submit a written annual
report to the Chief, Division of Law Enforcement, through the Area
Director and Agency Superintendent, and shall forward a copy to the
appropriate court and health care authority. The report shall address
goals, objectives, population data, programs and services provided,
budget, space and equipment needs and major developments.
(11) Public information program. The administrator or designee
shall provide for a public information program, which protects the
juveniles' right to privacy.
(12) Governing board. The facility shall have a local governing
board or advisory committee which shall be representative of the
community and shall meet at least semi-annually.
(13) Meeting with governing board. The governing board shall
maintain a permanent record of all meetings.
(14) Legal counsel. Legal counsel shall be available to the
administrator and other staff as needed in the performance of their
duties.
(15) Separation of adults and juveniles. If services for adult and
juvenile offenders are provided by the same agency, statements of
philosophy, policy, program and procedure shall distinguish between
criminal codes and the statutes that establish and give direction to
programs for juveniles.
(b) Fiscal management--(1) Budgetary compliance. If operated by the
BIA, the facility shall comply with the directives of the Agency
regarding budget preparation, submission, and administration. If
operated by a tribe, the facility shall comply with the directives of
the tribe regarding budget preparation, submission, and administration.
(2) Accounting compliance. If operated by the BIA, the facility
shall comply with the Agency accounting directives. If operated by a
Tribe, the facility shall comply with Tribal accounting directives.
(3) Basis of budget. The administrator shall document a direct
relationship between the budget and planned operational, staffing and
program needs of the facility.
(4) Property management compliance. If operated by the BIA, the
facility shall comply with Agency property management directives. If
operated by a Tribe, the facility shall comply with Tribal property
management directives.
(5) Federal acquisition regulation compliance. If operated by the
BIA, the facility shall comply with Agency directives for facility
services, equipment and supply purchases. If operated by a tribe, the
facility shall comply with tribal directives for facility services,
equipment and supply purchases.
(6) Space and equipment needs and deficiencies. The administrator
shall report space and equipment needs and deficiencies annually to the
Area Director through the Agency Superintendent.
(7) Program needs and deficiencies. The administrator shall report
program needs and deficiencies, i.e., staffing, supplies, training and
contract services, annually to the Chief, Division of Law Enforcement,
through the Area Director and Agency Superintendent.
(8) Cost of resident board. The facility shall charge all contract
users at the same rate.
(9) Fund accounts. The administrator shall arrange for an
independent audit of resident fund accounts, including canteen or
commissary, following standard accounting practices. The administrator
shall use any profit or interest which accrues for the benefit of the
residents.
(c) Personnel--(1) Personnel policy. If operated by the BIA, the
facility shall comply with Agency personnel management directives. If
operated by a Tribe, the facility shall comply with Tribal personnel
management directives.
(2) Personnel manual. The administrator shall make a copy of the
applicable personnel manuals and regulations available to every
employee.
(3) Staffing requirements. The administrator shall review employee
workload annually to ensure that residents have access to staff,
programs and services. The administrator shall develop and update the
facility's shift relief factor annually.
(4) Criminal record check. In accordance with the Indian Child
Protection and Family Violence Prevention Act of 1990 (25 U.S.C. 3201),
the administrator or designee shall conduct a criminal record check of
all new employees prior to employment to determine if there are
criminal convictions that have a specific relationship to job
performance.
(5) Physical examination. All employees who have direct contact
with residents shall have a pre-employment physical examination. There
shall be provisions for re-examination.
(6) Physical fitness. Juvenile community residential workers shall
meet BIA or comparable tribal standards for physical fitness.
(7) Code of ethics. The facility shall have a written Code of
Ethics that outlines the professional standards expected of all
employees and recognizes that community residential personnel may be
held to a higher behavioral standard because of the nature of their
duties.
(8) Confidentiality. Consultants, contract personnel, employees of
other public and private agencies and volunteers who work with
residents shall agree to comply with the facility's policies on
confidentiality of information.
(d) Training and staff development--(1) Management of training
programs. A qualified employee, who has received training in training
delivery methods, shall plan, coordinate and supervise employee and
volunteer training programs. The administrator shall identify, evaluate
and update job-related training needs annually.
(2) Training curriculum approval. The Chief, Division of the Law
Enforcement, in conjunction with the Indian Police Academy, shall
approve training programs and curriculum required by these standards.
(3) Outside resources. The facility shall support the integration
of IHS-approved and other training with the approval of the
administrator.
(4) Education and training. The administrator shall encourage
employees to continue their education and training.
(5) Cultural awareness. Orientation training shall include a
component on cultural issues relative to the local tribe(s).
(6) Juvenile community residential worker orientation training. All
new full or part-time juvenile community residential workers shall
receive the number of hours of orientation training recommended by the
Chief, Division of Law Enforcement, during their first year of
employment. Employees shall complete forty of these hours prior to
being independently assigned to work in the facility.
(7) Juvenile community residential worker in-service training. All
full or part-time juvenile community residential workers shall receive
an additional forty hours of job-relevant training each subsequent year
of employment.
(8) Clerical and support staff orientation training. All new
clerical and support staff who have minimal resident contact shall
receive the number of hours of orientation training recommended by the
Chief, Division of Law Enforcement, within their first year of
employment.
(9) Clerical and support staff in-service training. All clerical
and support staff shall receive an additional sixteen hours of job-
relevant training each subsequent year of employment.
(10) Administrative and managerial staff orientation training. New
administrative and managerial staff shall receive at least the number
of hours of training recommended by the Chief, Division of Law
Enforcement, within their first year of employment in this position.
(11) Administrative and managerial staff in-service training.
Administrative and managerial staff shall receive at least twenty-four
hours of job-relevant training each subsequent year of employment.
(12) Specialized training. At least one juvenile community
residential worker per shift shall be certified as an emergency medical
technician. All community residential staff who have contact with
residents shall receive training in advanced first aid and CPR.
(e) Facility records--(1) Compliance. The facility shall comply
with 5 U.S.C. 552 (the Freedom of Information Act), 5 U.S.C. 552(a)
(the Privacy Act of 1974), as amended, 43 CFR 2.79(a), or comparable
tribal regulations.
(2) Records management. The facility shall have a system for the
management, dissemination, retrieval, storage, archiving and (when
appropriate) destruction of information and community residential
records.
(3) Law enforcement sensitive information. Law enforcement
sensitive records and information shall be marked privileged. The
administrator or designee shall keep these records in a locked cabinet
or file room.
(4) Release of information and consent. Juvenile residents shall
sign a Release of Information Consent Form in compliance with 5 U.S.C.
552(a) (the Privacy Act of 1974) as amended prior to the release of
privileged information. The administrator or designee shall keep a copy
of the signed release in the resident's record.
(5) Separation of record contents. The administrator or designee
shall identify and separate contents of resident records according to
an established format which, at a minimum, shall separate privileged
from public information, and shall separate juvenile resident records
from those of adult residents managed by the same program.
(6) Access to information. The administrator shall define clearly
personnel who have access to resident records.
(7) Daily report. The administrator or designee shall maintain a
daily report which shall identify:
(i) The names of residents in custody, including residents on
temporary release or in other locations;
(ii) Names of residents admitted and released; and
(iii) The number of days each juvenile has been in custody.
(8) Identification and location record. The facility shall maintain
a system that identifies all residents in custody and their actual
physical location.
(9) Custody record. The facility shall maintain custody records of
all residents held at the facility. The record shall include only
relevant and necessary information and shall be limited to:
(i) Initial intake form;
(ii) A copy of the initial detention booking record which resulted
in this placement;
(iii) Case information from referral source, if available;
(iv) Case history or social history;
(v) Medical record;
(vi) Individual plan or program;
(vii) Signed release of information forms;
(viii) Current employment or education data;
(ix) Signed acknowledgment of receipt of program rules and
disciplinary policy;
(x) Documented legal authority to accept resident;
(xi) Grievance and disciplinary record;
(xii) Referrals to other agencies; and
(xiii) Final release or transfer report.
(10) Admission information. The administrator or designee shall
record admission information for each resident admitted to the
facility. The record shall include the following data, unless
prohibited by statute:
(i) Admission number;
(ii) Name and address;
(iii) Name of parent, guardian or legal custodian;
(iv) Date and place of birth;
(v) Gender;
(vi) Ethnic origin or tribal affiliation;
(vii) Emergency contact name, relationship, address and phone
number;
(viii) Date and time of admission;
(ix) Name of referring agency or committing authority;
(x) Reason for referral;
(xi) Social history if available;
(xii) Special medical problems or needs;
(xiii) Legal status, including jurisdiction, length and conditions
of sentence; and
(xiv) Signature of both resident and employee taking the
information.
(11) Conducting research. All research conducted shall comply with
federal and tribal regulations pertaining to conducting and
disseminating research findings as well as professional and scientific
ethics. The administrator, the Agency Superintendent and the Area
Director shall approve all research prior to implementation. The
administrator shall regulate voluntary resident participation in
research.
(f) Citizen involvement and volunteers--(1) Volunteer coordinator.
The administrator shall encourage citizen participation in volunteer
programs by designating a staff member as volunteer coordinator.
(2) Volunteer plan. The volunteer coordinator shall develop and
implement a written plan for volunteer services. The volunteer
coordinator and administrator shall update the plan as necessary and
review it at least annually. The plan shall include:
(i) Lines of authority;
(ii) Responsibility and accountability for volunteer services;
(iii) Procedures for the screening and selection of volunteers;
(iv) A volunteer orientation or training program, which is
appropriate to the nature of the assignments;
(v) A requirement that volunteers shall agree in writing to abide
by all facility rules, policies, procedures and practices, particularly
those related to security and confidentiality of information; and
(vi) A statement that the administrator may discontinue a volunteer
activity at any time by written notice.
Sec. 10.42 Physical plant.
(a) Code compliance--(1) Building and safety code compliance. If
owned by the Bureau, the facility shall comply with 29 CFR Part 1910,
Subparts D, E, G and L. If owned by a tribe, the facility shall comply
with the National Fire Protection Association (NFPA) Life Safety Code
101 Chapters 2, 4 through 7, and 16 (if new community residential
occupancy) or 17 (if existing community residential occupancy), or
comparable tribal regulations.
(2) Zoning. The facility shall comply with applicable zoning and
land use requirements.
(3) Accessibility. The facility shall comply with 25 U.S.C. 794
(the Rehabilitation Act of 1973) as amended, 41 CFR 101-19.6 (Uniform
Federal Accessibility Standards), and 43 CFR Part 17.
(4) OSHA compliance. The facility shall comply with 29 CFR Part
1910, Subparts C through E, G, K, L and S (Occupational Health and
Safety Standards) or comparable tribal regulations. If other activities
governed by sections of 29 CFR Part 1910 not identified in this
standard are carried out in the facility, the section(s) of 29 CFR Part
1910 governing that activity or comparable tribal regulations apply.
(5) Health and safety inspection. In compliance with 29 CFR Part
1960, Subparts B through D, the facility shall receive at least one
inspection each year by a qualified safety and health inspector and
Environmental Health Specialist and/or Sanitarian. Any request for
inspection shall be directed to the Area Safety Manager or Officer
through the Agency Superintendent.
(6) Furnishings and equipment code compliance. The administrator
shall maintain documentation by an independent, qualified source that
the interior furnishing materials in inmate living areas, exit areas
and places of public assembly shall be in accordance with NFPA Life
Safety Code Section 6-5 or comparable tribal regulations.
(b) Facility organization--(1) Co-located adult and juvenile
facility. If the juvenile facility is on the grounds of any other type
of detention or community residential facility, it shall be a separate,
self-contained unit.
(2) Separation from detention. When the facility is part of or
attached to a juvenile detention facility, residents shall be housed
separately from detained juveniles. Community residential facility
residents and detained juveniles shall not use program and activity
spaces at the same time.
(3) Separation of males and females. The facility shall provide for
sight and sound separation of male and female residents in their
sleeping, shower and toilet areas.
(4) Rated capacity. The number of residents shall not exceed the
facility's rated capacity.
(5) Location. The facility shall be located conveniently for
criminal justice agencies, the health authority, community agencies and
residents' legal representatives, families and friends.
(c) Environmental conditions--(1) Artificial light levels. Lighting
levels in resident cells or rooms shall be at least twenty footcandles
at the desk and in the personal grooming areas. Lighting levels
throughout the facility shall be appropriate to the tasks and
activities carried out in its spaces. An independent, qualified source
shall document lighting levels.
(2) Noise levels. Noise levels shall not exceed seventy decibels in
the daytime and forty-five decibels at night. An independent, qualified
source shall document noise levels.
(3) Indoor air quality. Air circulation shall be at least ten cubic
feet of outside or recirculated filtered air per minute per occupant.
An independent, qualified source shall document air circulation.
(4) Use of tobacco. The administrator shall prohibit the use of
tobacco in the facility by staff, juveniles and the public except in
traditional ceremonies and then only in designated areas.
(5) Heating and cooling. Temperatures shall be appropriate to the
summer and winter comfort zones.
(d) Security and control--(1) Emergency exits. In compliance with
NFPA Code and OSHA regulations, designated exits in the facility shall
permit prompt evacuation of residents and staff members in an
emergency. Facility exits shall be properly positioned, clear and
distinctly and permanently marked.
(2) Emergency equipment. The facility shall have the equipment
necessary to maintain essential lights in an emergency.
(e) New facility planning process--(1) New facility planning
requirement. All new construction, renovation and expansion projects
shall follow the Planning of New Institutions (PONI) process as
required by 25 CFR Part 296.
(2) Safety management review. The design and specifications for all
new construction, renovation and expansion projects shall be reviewed
by the Bureau of Indian Affairs in compliance with 29 CFR 1960, Suparts
B through D.
(f) New construction, renovation and expansion--(1) Single
occupancy requirements. Only one resident shall occupy each room
designed for single occupancy. All single rooms shall have at least
sixty square feet of floor space of which no more than four square feet
is closet or wardrobe space. Each room shall have, at a minimum:
(i) Natural light;
(ii) Bed, mattress, pillow and bedding;
(iii) Access to toilets, wash basins and showers with some degree
of privacy; and closet or locker space for the storage of personal
items.
(2) Multiple occupancy requirements. Where used, multiple occupancy
rooms shall provide:
(i) A minimum of sixty square feet of floor space per occupant in
the sleeping area of which no more than four square feet is closet or
wardrobe space;
(ii) Natural light;
(iii) Access to toilets, washbasins and showers, with some degree
of privacy; and
(iv) Some degree of privacy in the sleeping area.
(3) Space, furnishings and conditions for dayrooms. The facility
shall provide dayroom space sufficient for facility residents. The
dayroom shall provide:
(i) Natural light;
(ii) A minimum of thirty-five square feet of space per resident;
and
(iii) Seating and writing surfaces, sufficient for the number of
residents who use the dayroom.
(4) Toilets. The facility shall provide operable toilets at a
minimum ratio of one for every twelve residents in male facilities and
one for every eight residents in female facilities. Urinals may be
substituted for up to one-half of the toilets in male facilities. All
housing units with three or more residents shall have two toilets.
(5) Wash basins. Residents shall have access to operable wash
basins with hot and cold running water in the housing units at a
minimum ratio of one basin for every twelve occupants.
(6) Showers. Residents shall have access to operable showers with
temperature-controlled hot and cold running water at a minimum of one
shower for every eight residents. Water for showers shall be
thermostatically controlled to temperatures ranging from one hundred
degrees to one hundred-twenty degrees Fahrenheit.
(7) Housing for the disabled. Disabled residents shall be housed in
a manner that provides for their safety in compliance with 25 U.S.C.
794 (the Rehabilitation Act of 1973) as amended, 41 CFR 101-19.6
(Uniform Federal Accessibility Standards), and 43 CFR Part 17, yet
prevents their being discriminated against in their use of the
facility.
(8) Coeducational program space. If the facility houses both male
and female residents, space shall be provided for coeducational
activities.
(9) Exercise and recreation areas. The facility shall provide
access to outdoor, covered or enclosed exercise areas. Outdoor exercise
areas shall provide a minimum of one thousand five hundred square feet
of unencumbered space; covered and enclosed exercise areas shall
provide a minimum of one thousand square feet of unencumbered space.
Exercise areas shall be adequate in size and type to ensure that each
resident shall be offered at least one hour of access daily regardless
of climatic conditions.
(10) Multi-purpose and interview rooms. The facility shall provide
a minimum of one accessible multi-purpose room and one accessible
interview room.
(11) Visiting spaces. The facility shall provide space and
furnishings for group activities and visits. The space shall allow
contact between residents and visitors.
(12) Food service spaces. When the facility provides for food
preparation, it shall have adequate space for food processing, storage,
refrigeration and sanitation. Toilet and wash basin facilities shall be
available to food service personnel and residents in the vicinity of
the food preparation area. The square footage of the kitchen shall be
appropriate to the needs of the facility. The facility shall provide a
dining area with a minimum of fifteen square feet per occupant.
(13) Storage spaces. The facility shall provide the following
storage spaces:
(i) A secure, well-ventilated janitor closet, which includes sink
and adequate space for the storage of cleaning implements and supplies;
(ii) Secure storage for flammable, toxic and caustic items; and
(iii) Storage space for resident clothing, bedding, mattresses,
personal hygiene items and facility supplies.
(14) Laundry. The facility shall have a minimum of one operable
washer and one operable dryer, appropriate to the level of use, or
equivalent laundry services available in the community.
(15) Medication storage. The facility shall provide space for the
secure storage of medications kept in the facility.
(16) Staff toilets. The facility shall provide staff toilets that
residents shall not use.
(17) Public spaces. The facility shall provide public restroom(s)
and a visitor waiting or entry with an adequate number of seats to
accommodate anticipated visitors outside resident living areas.
(18) Administration. The facility shall provide adequate space for
its administrative functions. This space shall include an office for
the administrator, work space for clerical staff, duplication of copies
and supply and equipment storage, space for storage of facility
records. and space for meetings.
(19) Staff. The facility shall provide adequate space for staff
assigned to work in the facility. These spaces include an area in which
they can store personal property, change clothes and shower and an area
in which training, meetings, briefings and breaks can occur.
(20) Mechanical. The facility shall provide separate and adequate
space for mechanical systems and equipment.
Sec. 10.43 Institutional operations.
(a) Security and control--(1) Full coverage of posts. At least one
staff person shall be on the facility premises, awake, available and
responsible to residents' needs twenty-four hours a day. The staffing
pattern of the facility shall concentrate staff at the times when most
residents are in the facility.
(2) Supervision of coed activities. Facility staff shall supervise
male and female residents in coed activities and spaces continuously
and directly.
(3) Male and female staff requirement. When both males and females
are housed in the facility, at least one male and female staff member
shall be on duty at all times.
(4) Prohibited supervision. No resident or group of residents shall
be given control or authority over other residents.
(5) Counts. The facility shall have a system to physically count
residents that includes strict accountability for residents assigned to
work and education release and other approved temporary releases.
(6) Movement. Community residential staff shall regulate all
resident movement outside the facility.
(7) Transportation of residents. The administrator shall govern the
safe and secure transportation of residents outside the facility.
(8) Use of vehicles. The administrator shall govern the use of
departmental and personal vehicles for official purposes and shall
prohibit the use of personal vehicles for transportation of residents.
(9) Shift activity log. The facility shall maintain a written
record of the following:
(i) Personnel on duty;
(ii) Resident population at the beginning and end of each shift;
(iii) Record of counts taken;
(iv) Shift activities; and
(v) Unusual occurrences or incidents.
(10) Weekly inspection. The administrator or designee shall inspect
all facility spaces and equipment at least weekly, to determine the
status of all security items and the sanitary condition of the
facility. The administrator or designee shall document the inspection
and initiate corrective action if needed.
(11) Monthly inspection. The administrator shall inspect all areas
of the facility at least monthly to determine the status of all safety
items, determine the sanitary condition of the facility, document the
inspection and initiate corrective action if needed.
(12) Fire safety inspection. A qualified fire protection specialist
shall inspect the facility to test the fire suppression and detection
system, equipment and facility training in compliance with 29 CFR
1910.36(d), 1910.37(m), 1910.37(n), 1910.38, and 29 CFR 1960, Subpart
D.
(13) Use of restraints. Staff shall use instruments of restraint
only as a precaution against escape during transfer. Staff shall apply
restraints during transfer only with the approval of the administrator
or designee and only for the amount of time that is absolutely
necessary.
(14) Contraband control. The administrator shall provide for
searches of facilities and residents to control contraband and to
provide for its disposition. When a new crime is suspected, the
administrator shall be notified. The administrator shall maintain and
make available to the appropriate authorities all evidence.
(15) Visual inspections. Trained staff shall conduct visual
inspections of unclothed residents only when there is a reasonable
belief that the resident is carrying contraband or other prohibited
material or at the time of admission if the resident is admitted from
the community. Trained staff of the same sex as the resident shall
conduct all visual inspections in private.
(16) Key and tool control. The administrator shall govern the
control, issuance, use and storage of keys, tools and culinary and
medical equipment.
(17) Use of force and firearms. The facility shall comply with 25
CFR 11.304 with regard to the use of force, firearms, chemical agents,
or any other weapon. The administrator shall prohibit the presence of
firearms of any kind within the facility or on its grounds.
(b) Safety and emergency procedures--(1) Fire prevention. The
administrator shall govern the storage and use of all flammable, toxic
and caustic materials, the use of non-combustible receptacles for
smoking materials, the amount of personal items, including reading
materials, which residents may keep in their living units and the
amount and location of items stored in the facility.
(2) Preventive maintenance. The administrator or designee shall
develop a written plan for preventive maintenance of the facility. The
administrator shall review the plan annually and update it as needed.
If tribally operated, the plan shall be supported by a Memorandum of
Agreement between the tribe and the Agency.
(3) Evacuation plan. The administrator shall develop a written
evacuation plan prepared in case of fire or major emergency. The plan
shall comply with 29 CFR 1910.38 or comparable tribal code. The
applicable Safety Officer or designee shall review and approve the plan
initially and annually. The administrator shall update and reissue the
plan if necessary. The plan shall include:
(i) Location of floor plans;
(ii) Use of exit signs and directional arrows for traffic flow;
(iii) Location of a publicly posted plan;
(iv) At least quarterly drills in all facility locations; and
(v) Coordination with the fire department which services the
facility.
(4) Emergency plans. The administrator or designee shall develop
written plans that specify procedures to be followed in emergency
situations. The administrator shall make these plans available to
applicable personnel and shall review and update them at least
annually. All facility personnel shall be trained in the implementation
of these plans. Emergency situations shall include, but not be limited
to:
(i) Riots and disturbances;
(ii) Hunger strikes;
(iii) Hostage situations;
(iv) Work stoppages;
(v) Unattended deaths, including successful suicides;
(vi) Attempted suicides;
(vii) Escapes and unauthorized absences; and
(viii) Other threats to the security of the facility.
(5) Incident reporting. The administrator shall require the
immediate reporting of all incidents that result in physical harm to
any person, threaten the safety of any person, result in the need for
emergency care, result in damage to the facility or facility property,
threaten the security of the facility, or involve the commission of a
criminal offense. The administrator shall forward the reports to the
Agency Superintendent through the appropriate chain of command.
(6) Medical treatment (incident). The administrator or designee
shall ensure that all persons injured in an incident receive an
immediate medical examination and treatment.
(7) Notification of family. The administrator shall provide for the
notification of persons designated by the resident in the event of
serious illness, injury or death.
(c) Rules and discipline--(1) System of rewards and sanctions. The
administrator shall provide for a system to reward the positive
behavior of residents and to provide sanctions for misbehavior.
(2) Rules of conduct. The administrator shall develop written rules
of resident conduct that specify acts prohibited within the facility
and penalties that may be imposed for various degrees of violations.
The administrator or designee shall provide these rules to all
residents and shall ensure that all residents understand them. All
personnel who deal with residents shall receive sufficient training
prior to working in the facility to be thoroughly familiar with the
rules of resident conduct, the sanctions available and the rationale
for the rules. The administrator shall review the written rules of
resident conduct annually and update them, if necessary, to ensure that
they are consistent with constitutional and legal principles as well as
BIA and tribal standards and codes.
(3) Minor infractions. The administrator shall provide guidelines
for the informal resolution of minor resident misbehavior.
(4) Grievance procedure. The administrator or designee shall make a
written grievance procedure available to all residents. The procedure
shall include at least one level of appeal.
(5) Criminal violations. In instances in which a resident is
alleged to have committed a crime, the administrator or designee shall
refer the case to the appropriate law enforcement officials for
possible prosecution.
(6) Disciplinary reports. When rule violations require formal
resolution, staff members shall prepare a disciplinary report and
forward it to the administrator or designee. The disciplinary report
shall include, but not be limited to:
(i) specific rules violated;
(ii) a formal statement of the charge(s);
(iii) an explanation of the event, which shall include who was
involved, what transpired and the time and location of the occurrence;
(iv) unusual resident behavior;
(v) staff witnesses;
(vi) disposition of any physical evidence;
(vii) any immediate action taken, including the use of force; and
(viii) reporting staff member's signature; and
(ix) date and time the report is made.
(7) Disciplinary process. Residents shall receive notification of
the rules violated, a formal statement of the charge, a description of
the incident and notice of the date and time of hearing. The
administrator or designee shall advise residents of their rights to be
present at the hearing, to call witnesses on their behalf, to make a
statement, to present documentary evidence, and to ask for assistance
from staff in representing them at the hearing. An impartial person or
panel of persons shall conduct the hearing.
(8) Immediate removal from program for disciplinary reasons. The
administrator shall provide for the immediate return of a resident for
an alleged disciplinary violation to a secure facility if the safety of
the resident, other residents, staff or the security of the facility is
at stake.
(9) Record of disciplinary hearing. The persons conducting the
disciplinary hearing shall make a written copy of the decision and its
disposition and shall provide copies to the resident and the
administrators of the secure and community residential facilities for
review. Residents shall have the right to appeal the decision to the
administrator of the community residential facility or the next level
of authority. The disciplinary report shall be removed from all files
of residents found not guilty of an alleged rule violation.
(d) Room restriction and removal from program--(1) Explanation for
restriction. Prior to room and/or privilege restriction, community
residential staff shall explain the reasons for the restriction to
residents, and residents shall have the opportunity to explain the
behavior leading to the restriction.
(2) Room restriction (minor). Room restriction for minor
misbehavior shall serve only a ``cooling off'' purpose and is short in
duration, with the time period (fifteen-sixty minutes) specified at the
time of assignment.
(3) Room restriction (major). Room restriction shall not exceed
eight hours without review and administrative authorization and shall
be used only when the resident is dangerous to self or others, and/or
there is substantial evidence of plans to abscond.
(4) Supervision during room restriction. During room restriction,
staff shall contact residents at least every fifteen minutes to ensure
the well-being of the resident. The resident shall assist in
determining the end of the restriction period.
(5) Disciplinary removal from program. The administrator shall
remove residents from program for a disciplinary violation only after a
hearing.
(6) Emergency removal. Pursuant to a placement order, the
administrator of the facility or designee can order immediate removal
from program and return to a secure facility when it is necessary to
protect the resident or others. The immediate supervisor of the person
ordering removal from program or the contracting officer shall review
this action within three working days.
(7) Authority for removal. The administrator shall have the
authority to define the criteria for removal of residents from the
program. The procedure for removal from the program and transfer shall
follow due process requirements and shall allow for resident appeal.
(e) Resident rights--(1) Access to courts, counsel and legal
materials. Residents shall have the right to have access to attorneys,
legal representatives, the courts and legal materials and to address
uncensored communications to governmental authorities.
(2) Freedom from discrimination. Residents shall have the right to
be free from discrimination based on race, religion, national origin,
tribal affiliation, sex, disability, political beliefs, favoritism or
nepotism. Residents shall have the right to equal access to programs
and work assignments as provided in the classification program.
(3) Equal access for women. Male and female residents shall have
the right to equal access to programs and services.
(4) Right to communicate. Residents shall have the right to receive
visits and to communicate or correspond with persons or organizations,
subject only to the limitations necessary to maintain order and
security.
(5) Protection from harm. Residents shall have the right to
protection from personal abuse, corporal punishment, personal injury,
disease, property damage and harassment, by either staff or residents.
(6) Freedom of personal grooming. Residents shall have the right to
determine the length and style of scalp or facial hair, unless health
and safety reasons exist.
(7) Treatment. Residents shall have the right to medical, dental,
mental health and sub stance abuse treatment and rehabilitative
services as directed by the health authority.
(f) Admission--(1) Admission policies. The facility shall have
clearly defined written procedures governing admission.
(2) Documentation of commitment. Court order, statute or compact
shall be document legal commitment authority.
(3) Notification of non-acceptance. The administrator or designee
shall advise the referring agency when a prospective resident is not
accepted into the program, citing specific reasons.
(4) Admission criteria. The administrator shall distribute a copy
of admission policies and criteria to referring agencies and interested
parties.
(5) Admission process. Written procedures for admitting new
residents shall include, at a minimum:
(i) determination that the juvenile is legally committed to the
facility;
(ii) inventory of clothing and personal property taken into the
facility;
(iii) receipt of health record, if required because of transfer;
(iv) completion of admission form as required by these standards;
(v) orientation; and
(vi) assignment to a room.
(6) Suicide screening. The administrator or designee shall ensure
that all residents have been screened for suicide risk prior to
acceptance in the community residential program.
(7) Orientation. All newly admitted residents shall receive written
or oral information in the language they understand. The admitting
officer shall document completion of orientation by a statement that
shall be signed and dated by the resident and employee. The orientation
shall include, but not be limited to:
(i) resident rules of conduct and potential disciplinary actions
that may be taken;
(ii) programs and services available in the facility or community;
(iii) procedures for accessing health care services; and
(iv) resident rights and privileges.
(8) Personal property inventory. The admitting employee shall
complete a written, itemized inventory of all personal property of
newly admitted residents. The admitting employee shall store securely
all juvenile property, including money and other valuables. The
employee shall give the resident a receipt for all property held until
release.
(9) Policy on personal property. The administrator or designee
shall identify personal property that residents may receive or keep in
their possession while in the facility, the sources from which these
items may be obtained and how these items are received and inspected.
(g) Classification--(1) Classification policy. The administrator or
designee shall review all residents and classify them as appropriate
for community residential status prior to placement in the community
residential facility.
(2) Prohibited segregations. The administrator shall prohibit the
segregation of residents by race, color, creed, tribal affiliation,
national origin, political beliefs, nepotism, favoritism or other
prohibited criteria.
(h) Food service--(1) Food service records. At a minimum, the
facility shall maintain records of the number of meals served to the
resident population, the expenditures for food supplies and menus
(planned and as served).
(2) Dietary allowances. The facility shall document that a
registered dietician reviews dietary allowance at least annually to
ensure compliance with nationally recommended food allowances. A diet
manual, approved by a registered dietician, shall guide dietary
allowances, including special diets.
(3) Menu planning. The administrator or designee shall plan, date
and make all menus available for review at least one week in advance.
The administrator or designee shall make notations of any
substitutions, which shall be of equal nutritional value, in the meals
actually served. The administrator or designee shall consider Native
American food preferences in menu planning. The administrator or
designee shall direct that menu evaluations shall be conducted at least
quarterly to verify adherence to the nationally recom mended basic
daily servings.
(4) Medical special diets. The administrator or designee shall
provide for special diets that are prescribed by appropriate medical or
dental personnel.
(5) Religious preference special diets. The administrator or
designee shall provide for special diets for residents whose beliefs
require adherence to religious dietary laws.
(6) Food and discipline. The administrator shall prohibit the use
of food as a disciplinary measure.
(7) Health protection. Food service facilities and equipment shall
meet health and safety standards. Food service personnel and residents
working in the food service area shall comply with applicable health
regulations. The administrator or designee shall document compliance
with health and safety regulations, including but not limited to, a
pre-assignment medical examination.
(8) Inspections of food products. The appropriate government agency
shall inspect and approve food products that are grown or produced
within the system. The administrator or designee shall implement a
distribution system that ensures prompt delivery of foodstuffs.
(9) Inspection of food service area. The administrator or designee
shall conduct a weekly inspection of all food service areas, including
dining and food preparation areas and equipment to ensure that they are
sanitary, that all food storage areas are temperature controlled, and
that food service personnel have made daily checks of refrigerator and
water temperatures.
(10) Meal service. The facility shall serve meals under the direct
supervision of staff. The facility shall provide at least three meals,
of which two shall be hot, served at regular meal times during each
twenty-four hour period, with no more than fourteen hours between the
evening meal and breakfast. Provided that basic nutritional goals are
met, variations may be allowed based on weekend and holiday food
service demands.
(i) Sanitation and hygiene--(1) Water supply. The administrator
shall maintain documentation that the entity which provides the
facility's water source, supply, storage and distribution system meets
the requirements of 42 U.S.C. 300g-6 (the Safe Drinking Water Act).
(2) Sewage system. The administrator shall maintain documentation
that entity which provides the facility's sewage system complies with
33 U.S.C. 1251 et seq. (the Clean Water Act of 1977).
(3) Sanitation plan. The administrator or designee, in cooperation
with the BIA or tribal maintenance program, shall develop a written
housekeeping plan for all areas of the physical plant. The
administrator or designee shall update the plan as needed and review it
at least annually. The plan shall provide for daily housekeeping and
regular maintenance by assigning specific duties to staff, residents
and BIA or tribal Facility Maintenance. The plan shall require that:
(i) facility floors be kept clean, dry and free of hazardous
substances;
(ii) a qualified person conduct monthly inspections to control
vermin and pests;
(iii) solid and liquid wastes be disposed of properly;
(iv) clean, suitable and presentable bedding, linens, towels and
(if applicable) be issued to new residents and exchanged on at least a
weekly basis;
(v) necessary cleaning and storage of resident personal clothing be
provided;
(vi) articles needed for personal hygiene be furnished; and
(vii) sufficient facilities in the housing areas to permit
residents to shower or bathe on admission to the facility and daily
thereafter.
(4) Special clothing issue. The facility shall provide for the
issue of special and, where appropriate, protective clothing and
equipment to residents participating in special work assignments. Such
clothing shall be available in quantities that permit exchange as
frequently as the work assignment requires.
(5) Hair care. The administrator or designee shall allow residents
to arrange for hair cutting services.
(j) Health care--(1) Written health care plan. A written plan shall
provide for the delivery of health care services, including medical,
dental, mental health and substance abuse treatment, under the control
of a designated health authority. The plan shall include the
participation of IHS, social services and tribal health care providers.
A Memorandum of Agreement between the administrator and the Director of
the appropriate Indian Health Service (IHS) Service Unit or IHS
contract health care provider shall document the health care plan. When
this authority is other than a physician, final medical judgments shall
rest with a single responsible physician, designated by the appropriate
health authority, who shall meet the applicable licensure requirements.
(2) Health program coordinator. In facilities without full-time,
qualified health personnel, a health-trained staff member shall
coordinate the health care delivery system in the facility under the
joint supervision of the responsible health authority and the
administrator.
(3) Annual review. The administrator and the health authority shall
update the plan as needed, review it annually to determine program
needs including staffing, equipment and supplies and document its
review by signature and date.
(4) Medical/mental health judgment. Medical, dental and mental
health matters involving clinical judgments shall be the sole province
of the responsible physician, dentist and/or psychiatrist or qualified
psychologist.
(5) Security regulations. Security regulations applicable to
facility personnel shall apply to health personnel.
(6) Meetings with provider. The health authority shall meet with
the administrator or designee at least quarterly to review and evaluate
the health care delivery system. The health authority shall provide an
annual statistical report which documents the level and amount of
health care services provided.
(7) Review of health care policies. The health authority and the
administrator shall review and approve all policies and procedures
relative to the health care plan prior to submission of these policies
to the Chief, Division of Law Enforcement. Policies and procedures
shall be reviewed at least annually and documented by signature and
date.
(8) Health training program. The responsible health authority, in
cooperation with the administrator, shall establish a health training
program. The program shall provide instruction in the following areas:
(i) appropriate procedures to prevent the spread of communicable
diseases;
(ii) the ability to respond to health-related situations within
four minutes;
(iii) recognition of signs, symptoms and actions required in
potential emergency situations;
(iv) recognition of chronic illness;
(v) administration of first aid and cardiopulmonary resuscitation
(CPR);
(vi) methods of obtaining assistance from the health care provider;
(vii) recognition of signs and symptoms of and management of
residents with mental illness, retardation, emotional disturbance,
chemical dependency and suicidal behavior; and
(viii) procedures for patient transfers to appropriate medical
facilities or health care providers.
(9) Sick call. The administrator or designee shall provide for the
collection and referral of resident requests for health care. The
facility shall have a system of sick call in-house or at the health
care facility. The system shall include provision for referral of
residents by staff for medical or other behavioral health evaluation,
i.e, mental health, substance abuse, suicide. Sick call shall be held
no less than once per week.
(10) Twenty-four-hour emergency care. The administrator and health
authority shall develop a written plan for the provision of twenty-four
hour emergency medical, dental and mental health care. The
administrator and health authority shall update the plan as needed and
review it at least annually. At a minimum, the plan shall include:
(i) emergency evacuation of the resident from the facility;
(ii) emergency evaluation of the resident for medical or mental
health problems;
(iii) use of an emergency medical vehicle;
(iv) use of one or more designated hospital, clinic, emergency on-
call physician, dentist, psychiatrist, qualified psychologist or
otherwise qualified clinician; and
(v) procedures that provide for the immediate transfer of residents
when appropriate.
(11) Health care treatment. Health care staff or health-trained
community residential staff perform treatment pursuant to written
direct orders by personnel authorized by law to give such orders.
(12) Licensure requirements. The health authority shall comply with
all applicable federal law, licensure requirements, rules, regulations
and medical protocols in the delivery of health care services to the
resident population.
(13) Traditional practitioners. The facility shall allow residents
to participate in or receive traditional healing ceremonies and to use
traditional healing methods, limited only to the degree necessary to
preserve institutional security and order.
(14) Prohibited use of detainees. Residents shall not perform
duties in the health care program.
(15) Management of medications. The administrator and health
authority shall provide for the proper management of individual doses
of medications that are kept in the facility. The administrator and
health authority shall review the policy annually and update it as
needed.
(16) Administration of medications. The administrator or designee
shall ensure that persons administering medications have received
training appropriate to their assignment. Employees shall administer
medications according to direct or physician orders and record the
administration of medications in a manner and on a form approved by the
responsible physician.
(17) Preliminary health care screening. The administrator or
designee shall ensure that all residents have received a health
screening interview prior to acceptance into the community residential
program.
(18) Health appraisal. The health authority shall provide a health
appraisal for each resident within fourteen days of admission unless
there is documentation that the resident has had an appraisal within
thirty days prior to admission to the facility. A health-trained or
otherwise qualified health care personnel shall collect health history
and vital signs. Only qualified health care personnel shall collect
other data. The health appraisal shall include:
(i) review of transferred health record and/or health screening;
(ii) collection of additional data to complete the medical, dental,
psychiatric and immunization histories, with attention to elements that
may indicate the presence of chronic disease, such as diabetes, if not
already available;
(iii) recording of height, weight, pulse, blood pressure and
temperature, if not already available;
(iv) administration of laboratory and other tests and examinations
as appropriate, if medically indicated;
(v) notation of additional comments as needed; and
(vi) initiation of therapy as appropriate.
(19) Health examination. Qualified health care personnel shall
complete a health examination for each resident within thirty days of
admission. The examination shall include:
(i) a ``hands-on'' examination by an appropriately licensed health
care professional;
(ii) dental screening, hygiene and treatment when the health of the
juvenile would be adversely affected; and
(iii) additional health care services as indicated by qualified
health care personnel.
(20) First aid kits. The administrator shall ensure that first aid
kits are available in designated areas of the facility as determined by
the Safety Officer during the annual inspection. The health care
provider shall determine the appropriate content of first aid kits.
(21) Special medical programs. The health authority shall provide
specialized health education and treatment programs, including, but not
limited to, personal hygiene, diet and exercise, family planning,
communicable diseases, including sexually transmitted diseases and
substance abuse education, prevention, intervention and treatment.
(22) Detoxification. The administrator and health authority shall
develop a written plan to guide the clinical management of chemically
dependent residents. The plan shall specify the process for involving
the health authority and the substance abuse program on both a
continuing and crisis-intervention basis. The plan shall include:
(i) completion of assessment as required by Public Law 99-570 or
warranted by additional indications;
(ii) validation that the individual only requires non-
pharmacologically supported care;
(iii) integration of individual treatment plans into the
individualized program plan; and
(iv) referrals to specified community resources on release when
appropriate.
(23) Substance abuse programming. The administrator and health
authority shall develop a written plan to provide substance abuse
education, intervention, assessment and treatment to residents who are
diagnosed as substance abusers. The administrator, health authority and
substance abuse program provider shall update the plan as needed and
review it at least annually. The plan shall link existing community
programs and services to the facility program. The plan shall include,
at a minimum:
(i) assessment and evaluation;
(ii) referral for treatment, if requested or court-ordered; and
(iii) availability of appropriate self-help groups.
(24) Informed consent. The health authority shall observe informed
consent standards of the community for all resident care, examinations,
treatments and procedures affected by informed consent. The informed
consent of a parent, guardian or legal custodian shall apply when
required by law. Health care shall not be rendered against a resident's
will.
(25) Participation in research. The health authority shall prohibit
the use of residents for medical, pharmaceutical, or cosmetic
experiments. This standard shall not preclude individual treatment of a
resident based on his or her need for a specific medical procedure that
is not generally available.
(26) Confidentiality of health records. In compliance with 5 U.S.C.
552(a) (the Privacy Act of 1974) as amended and 42 CFR Part 2
(Regulations on Confidentiality of Alcohol and Drug Abuse Patient
Records), the health authority shall keep the health record
confidential. The health authority shall require that, at a minimum:
(i) the active health record be maintained separately from the
program record;
(ii) access to the health record be controlled by the health
authority; and
(iii) the health authority share with the administrator or designee
information regarding a resident's medical management, security and the
ability to participate in programs.
(27) Medical record contents. The health authority shall approve
the method of recording entries in the record and the form and format
of the record. A resident's medical record shall contain:
(i) transferred health record;
(ii) copies of the completed intake screening form, if separate;
(iii) the health appraisal data collection form, if separate;
(iv) prescribed medications and their administration;
(v) laboratory, x-ray and diagnostic studies;
(vi) the signature and title of each documenter;
(vii) consent and refusal forms;
(viii) release of information forms;
(ix) place, date and time of health encounters;
(x) discharge summary of hospitalization (if applicable); and
(xi) health service reports (e.g., dental, psychiatric and other
consultations).
(28) Transfer of health information and records. Summaries or
copies of the health record shall be sent routinely to the health
authority of any facility to which the resident is transferred. The
resident shall authorize, in writing, the transfer of health records
and information, unless otherwise provided by law or administrative
regulation having the force and effect of law.
(k) Release--(1) Temporary release. Temporary release programs
shall include:
(i) identification of the circumstances for which residents may be
released on a temporary basis;
(ii) operating procedures;
(iii) written rules of resident conduct;
(iv) a record-keeping system that documents dates, times and
authorization for release;
(v) a system to evaluate program effectiveness; and
(vi) efforts to obtain community cooperation and support.
(2) Work or education release. The administrator or designee shall
encourage residents to participate in work or education release
programs. The appropriate court shall sanction education and work
release.
(3) Final release. Written procedures for final release of
residents shall include, but not be limited to:
(i) verification of identity and release authority, including
verification of completion of terms of the sentence;
(ii) verification that all resident property leaves with the
resident and that no facility property leaves the facility;
(iii) completion of any pending action, such as grievances or
claims for damages or lost possessions;
(iv) transfer of health information, if appropriate; and
(v) transportation arrangements, if required.
(4) Detainers. The presence of a detainer shall not automatically
prevent the release of a resident from the community residential
facility.
Sec. 10.44 Juvenile programs and services.
(a) Individualized program plan--(1) Development of individual
program plan. Within the first two weeks of admission, the facility
staff shall design a written program, tailored for each individual,
with and for each resident. The staff and resident shall sign and date
the plan, which shall include measurable criteria of expected behavior
and accomplishments and a time schedule for achieving specified goals.
(2) Program review. Staff shall review resident progress every two
weeks either through staff meetings or by individual staff; staff shall
document the outcome of each review.
(3) Change in program. Staff shall review and discuss any change in
an individualized program with the resident. Staff and resident shall
document the review by signature and date.
(4) Personalized program reports. The administrator or designee
shall make a quarterly progress report available to the parent or legal
guardian of each resident. If a resident remains in program for six
months, the administrator or designee shall submit a written report to
the committing authority. The report shall state the justification for
keeping the resident in the program.
(5) Case management. Facility staff shall use a case management
approach to provide counseling services for each resident. Staff of the
community residential facility shall either provide or coordinate this
service.
(b) Program coordination--(1) Availability of programs. The
administrator or designee shall develop a written plan to provide
activities, programs and services for residents to prevent enforced
idleness. Programs and services, appropriate to the needs of the
juvenile population, shall be available in the facility or accessible
in the community. Programs and services shall include, but not be
limited to, social services, religious services, including traditional
religious practices and ceremonies, recreation and leisure time
activities, counseling, library services, education programs and
substance abuse programming. Staff shall seek the cooperation of
various community groups offering activities and programs for the
benefit of residents.
(2) Inventory of community services. The facility administration
shall maintain and make available to all staff and residents a periodic
inventory of functioning community services.
(c) Education and work programs--(1) Education program. In
conjunction with the applicable education authority, the administrator
or designee shall develop a written plan for the comprehensive
education of residents. The administrator and applicable education
authority shall update the plan as needed, review it annually, and
support it with a Memorandum of Agreement. At a minimum, the plan shall
include:
(i) the roles and responsibilities of the facility and the school
district, compliant with the provisions of Title 94;
(ii) education release;
(iii) education materials and equipment;
(iv) developmental, remedial, special and cultural education; and
(v) tutorial services as needed.
(2) Work programs. The administrator or designee shall develop a
written work plan that shall provide for work assignments for residents
including the disabled. Work may include facility maintenance duties
and community service projects. The administrator shall prohibit
discrimination in resident work assignments based on race, creed,
gender, age, marital status, disability or tribal affiliation.
(3) Regulation of work programs. Resident work programs shall
comply with applicable federal regulations. Residents shall not perform
any work prohibited by federal or tribal regulations and/or statutes
pertaining to child labor.
(d) Recreation, library and religious programming--(1)
Comprehensive recreation program. The administrator or designee shall
require that residents be offered opportunities for recreational and
leisure time activities. A facility staff member or trained volunteer
shall coordinate the recreation program.
(2) Library. The administrator or designee shall develop a written
plan to provide reading materials to residents. The plan shall include
the criteria for the selection and maintenance of library materials,
the location where reading materials are kept, the process by which
residents obtain and return these materials and designation of the
staff member or trained volunteer who is responsible for library
services. The administrator shall update the plan as needed and review
it at least annually.
(3) Religious programs. Residents shall have the right to practice
their religion, subject only to the limitations necessary to maintain
institutional order and security.
(e) Correspondence and telephone--(1) Regulation of correspondence.
The administrator shall regulate resident correspondence and shall make
this policy available to all staff and residents. The administrator
shall review this policy annually and update it as needed.
(2) Limitations on resident correspondence. When the resident bears
the mailing cost, the administrator shall not limit the volume of
letters the resident can send or receive.
(3) Indigents' correspondence. The administrator or designee shall
provide indigent residents with a system that enables them to send a
minimum of two letters per week.
(4) Inspection of letters and packages. The administrator or
designee may open resident letters and packages, both in-coming and
out-going, to inspect them for contraband. The administrator or
designee shall not read, censor, or reject letters or packages except
where there is reliable information that there is a threat to order and
security or that they are being used to further illegal activities and
shall notify residents when in-coming or out-going letters are
rejected. The administrator or designee shall deposit any cash, checks,
or money orders in the resident's account and issue a receipt to both
the residents and the sender. The administrator or designee shall
forward any contraband found to the appropriate law enforcement
authority. The supervisor shall forward all mail within twenty-four
hours of receipt except for Saturdays, Sundays and holidays. Residents
shall be prohibited from carrying money in the facility.
(5) Privileged correspondence. The administrator shall permit
residents to send sealed letters to specified groups of persons and
organizations including, but not limited to, courts, including
probation staff, counsel, officials of the confining authority,
administrators of grievance systems and members of the releasing
authority. Mail to residents from this specified class of persons and
organizations shall be opened only to inspect for contraband and only
in the presence of the resident.
(6) Holding and forwarding mail. The administrator or designee
shall forward or return first-class letters and packages for residents
after transfer or release.
(7) Telephone. The administrator or designee shall provide for
juvenile access to telephones.
(f) Visiting--(1) Visiting rules. The administrator shall establish
rules for resident visiting. The facility shall permit the informal
communication, including the opportunity for physical contact.
(2) Times of visitation. Residents shall receive visitors during
normal visiting hours, in accordance with the individual program plan,
except where there is substantial evidence that a visitor poses a
threat to the safety of the resident or the security of the facility,
or may disrupt the program.
(3) Sobriety statement. Facility visitors and volunteers shall sign
a sobriety statement. The statement shall stipulate that:
(i) they are not under the influence of alcohol or illegal mood
altering substances;
(ii) they are not carrying such substances on their person or in
their belongings; and
(iii) they consent to a breath test or non-invasive search as a
condition of entry, if there is probable cause.
(4) Searches (visiting). The administrator or designee shall
provide clear instructions to staff and residents concerning resident
and visitor search procedures and the approval required for visual
observation of unclothed residents.
(5) Special visits. The administrator or designee shall provide for
special visits.
(6) Visitor registration. The administrator or designee shall
provide for visitor registration and identification on entry into the
facility.
Subpart F--Adult Holding Facilities
Sec. 10.51 Administration and management.
(a) General administration--(1) Administration of facility. An
administrator, whose responsibility and authority shall be documented,
shall oversee each facility. The appointment shall be based on written
qualifications.
(2) Service provider roles. A Memorandum of Agreement (MOA), which
shall be updated as needed and reviewed at least annually, shall define
the role and function of employees of public or private agencies
providing a service to the facility. The MOA shall specify the relation
of service providers to the authority and responsibility of the
administrator.
(3) Policy and procedure manual. All employees of the facility
shall have access to a policy and procedure manual and its supporting
documents. The Chief, Division of Law Enforcement, shall approve the
manual and its supporting documents, which shall provide for the
implementation of these standards and shall direct documentation of
compliance. The administrator shall update the manual as needed and
review it annually.
(4) Dissemination of policy and procedure. The administrator shall
disseminate approved, new, or revised policies and procedures to
designated staff, volunteers and, where appropriate, inmates prior to
implementation. Staff shall review and indicate in writing that they
understand the content of policies and procedures prior to their
implementation.
(5) Channels of communication. The administrator or designee shall
regularly disseminate information to staff prior to the beginning of
their shift.
(6) Monitoring and assessment. The Agency Superintendent or
designee shall review and inspect operations and programs at least
annually.
(7) Annual report. The administrator shall submit a written annual
report to the Chief, Division of Law Enforcement, through the Area
Director and Agency Superintendent, and shall forward a copy to the
appropriate court and health care authority. The report shall address
goals, objectives, population data, programs and services provided,
budget, space and equipment needs and major developments.
(8) Separation of adults and juveniles. The administrator shall
prohibit the confinement of juveniles under the age of eighteen within
the facility unless in compliance with 42 U.S.C. 223(a)(13)(14) (the
Juvenile Justice and Delinquency Prevention Act of 1974) as amended and
28 CFR Part 31.
(b) Fiscal management--(1) Budgetary compliance. If operated by the
BIA, the facility shall comply with the directives of the Agency
regarding budget preparation, submission, and administration. If
operated by a tribe, the facility shall comply with the directives of
the tribe regarding budget preparation, submission, and administration.
(2) Accounting compliance. If operated by the BIA, the facility
shall comply with the Agency accounting directives. If operated by a
Tribe, the facility shall comply with Tribal accounting directives.
(3) Basis of budget. The administrator shall document a direct
relationship between the budget and planned operational, staffing and
program needs.
(4) Property management compliance. If operated by the BIA, the
facility shall comply with Agency property management directives. If
operated by a Tribe, the facility shall comply with Tribal property
management directives.
(5) Federal acquisition regulation compliance. If operated by the
BIA, the facility shall comply with Agency directives for facility
services, equipment and supply purchases. If operated by a tribe, the
facility shall comply with tribal directives for facility services,
equipment and supply purchases.
(6) Space and equipment needs and deficiencies. The administrator
shall report space and equipment needs and deficiencies annually to the
Area Director through the Agency Superintendent.
(7) Program needs and deficiencies. The administrator shall report
program needs and deficiencies, i.e., staffing, supplies, training and
contract services, annually to the Chief, Division of Law Enforcement,
through the Area Director and Agency Superintendent.
(8) Cost of inmate board. The facility shall charge all contract
users at the same rate.
(9) Fund accounts. The administrator shall arrange for an
independent audit of inmate fund accounts following standard accounting
practices. The administrator shall use any profit or interest which
accrues for the benefit of the inmates.
(c) Personnel--(1) Personnel policy. If operated by the BIA, the
facility shall comply with Agency personnel management directives. If
operated by a Tribe, the facility shall comply with Tribal personnel
management directives.
(2) Personnel manual. The administrator shall make a copy of the
applicable personnel manuals and regulations available to every
employee.
(3) Staffing requirements. The administrator shall review employee
workload annually to ensure that the legitimate safety and security
needs of staff and inmates are addressed. The administrator shall
develop and update the facility's shift relief factor annually.
(4) Criminal record check. The administrator or designee shall
conduct a criminal record check of all new employees prior to
employment to determine if there are criminal convictions that have a
specific relationship to job performance.
(5) Physical examination. All employees who have direct contact
with inmates shall have a pre-employment physical examination. There
shall be provisions for re-examination.
(6) Physical fitness. Detention officers shall meet BIA or
comparable tribal standards for physical fitness.
(7) Code of ethics. The facility shall have a written Code of
Ethics that outlines the professional standards expected of all
employees and recognizes that holding facility personnel may be held to
a higher behavioral standard because of the nature of their duties.
(8) Confidentiality. Consultants, contract personnel, employees of
other public and private agencies and volunteers who work with inmates
shall agree to comply with the facility's policies on confidentiality
of information.
(d) Training and staff development--(1) Management of training
programs. The administrator shall identify, evaluate and update job
related training needs annually.
(2) Training curriculum approval. The Chief, Division of Law
Enforcement, in conjunction with the Indian Police Academy, shall
approve training programs and curriculum required by these standards.
(3) Outside resources. The facility shall support the integration
of IHS-approved training and other training with the approval of the
administrator.
(4) Cultural awareness. Orientation training shall include a
component on cultural issues relative to the local tribe(s).
(5) Officer orientation training. All new full or part-time
officers assigned to the holding facility shall receive the number of
hours of orientation training recommended by the Chief, Division of Law
Enforcement, during their first year of employment. Employees shall
complete forty of these hours prior to being independently assigned to
work in the facility.
(6) Officer in-service training. All full or part-time officers
assigned to the holding facility shall receive an additional forty
hours of job-relevant training each subsequent year of employment.
(7) Clerical and support staff orientation training. All new
clerical and support employees who have minimal inmate contact shall
receive the number of hours of orientation training recommended by the
Chief, Division of Law Enforcement, within their first year of
employment.
(8) Clerical and support staff in-service training. All clerical
and support persons shall receive an additional sixteen hours of job-
relevant training each subsequent year of employment.
(9) Administrative and managerial orientation training. All new
administrative and managerial staff shall receive at least the number
of hours of training recommended by the Chief, Division of Law
Enforcement, within their first year of employment in this position.
(10) Administrative and managerial staff in-service training.
Administrative and managerial staff shall receive at least twenty-four
hours of job-relevant training each subsequent year of employment.
(11) Specialized training. At least one officer assigned to the
holding facility per shift shall receive specialized training in the
management of inmates with health and behavioral problems, including
substance abuse and suicide. At least one officer assigned to the
holding facility per shift shall be certified as an emergency medical
technician. All staff who have contact with inmates shall receive
training in advanced first aid and CPR. The health authority shall
identify health-related training needs.
(e) Facility records--(1) Compliance. The facility shall comply
with 5 U.S.C. 552 (the Freedom of Information Act), 5 U.S.C. 552(a)
(the Privacy Act of 1974), as amended, 43 CFR 2.79(a) and 16 BIAM
(Records and Disposition Handbook) or comparable tribal regulations.
(2) Records management. The facility shall have a system for the
management, dissemination, retrieval, storage, archiving and (when
appropriate) destruction of information and detention records.
(3) Law enforcement sensitive information. Law enforcement
sensitive records and information shall be marked privileged. The
administrator or designee shall keep these records in a locked cabinet
or file room.
(4) Release of information and consent. Inmates shall sign a
Release of Information Consent Form in compliance with 5 U.S.C. 552(a)
(the Privacy Act of 1974) as amended prior to the release of privileged
information. The administrator or designee shall keep a copy of the
signed release in the inmate's record.
(5) Separation of record contents. The administrator or designee
shall identify and separate contents of inmate records according to an
established format which, at a minimum, shall separate privileged from
public information.
(6) Access to information. The administrator shall define clearly
personnel who have access to inmate records.
(7) Daily report. The administrator or designee shall maintain a
daily report and provide a copy of it to the appropriate court(s). The
daily report shall identify:
(i) the names of inmates in custody, including inmates on temporary
release or in other locations;
(ii) names of inmates admitted and released;
(iii) the legal status of each inmate; and
(iv) the number of days each inmate has been in custody.
(8) Identification and location record. The facility shall maintain
a system that identifies all inmates in custody and their actual
physical location.
(9) Custody record. The facility shall maintain custody records of
all inmates held at the facility. The record shall include, but not be
limited to:
(i) initial booking form;
(ii) documented legal authority to detain the inmate;
(iii) health and suicide screening forms;
(iv) dates of court appearances;
(v) signed release of information forms;
(vi) an on-going record of cash and valuables;
(vii) dates and times of temporary releases;
(viii) names of visitors and dates of visits;
(ix) facility rules and disciplinary policy signed by the inmate;
(x) classification interview and subsequent classification actions;
(xi) reports of major disciplinary actions, significant incidents
or crimes committed while in custody;
(xii) records of program participation including work release or
inmate work programs;
(xiii) good time accumulated (if applicable); and
(xiv) final release or transfer report.
(10) Booking information. The administrator or designee shall
record booking information for every person admitted to the facility.
The record shall include at least the following data:
(i) booking number;
(ii) name and known aliases;
(iii) current or last known address;
(iv) date and time of confinement;
(v) a copy of the court order or other legal basis for detention;
(vi) name, title, agency and signature of arresting officer;
(vii) charge or charges;
(viii) date and place of birth;
(ix) ethnic origin or tribal affiliation;
(x) present or last place of employment;
(xi) emergency contact name, relationship, address and phone
number;
(xii) record of telephone calls made by arrestee at time of
admission;
(xiii) driver's license and social security number;
(xiv) identifying information, including height, weight, gender and
identifying marks, such as birthmarks, scars or tattoos;
(xv) photograph and fingerprints (optional);
(xvi) notation of cash and all property;
(xvii) initial classification and special needs;
(xviii) an indication that the health and suicide screening was
completed;
(xix) name of legal representative if any; and
(xx) name of booking officer.
(11) Conducting research. All research conducted shall comply with
federal and tribal regulations pertaining to conducting and
disseminating research findings as well as professional and scientific
ethics. The administrator, the Agency Superintendent and the Area
Director shall approved all research prior to implementation.
Sec. 10.52 Physical plant.
(a) Building and safety code compliance--(1) Building and safety
code compliance. If owned by the Bureau, the facility shall comply with
29 CFR Part 1910, Subparts D, E, G and L. If owned by a tribe, the
facility shall comply with the National Fire Protection Association
(NFPA) Life Safety Code 101 Chapters 2, 4 through 7, and 14 (if new
holding occupancy) or 15 (if existing holding occupancy), or comparable
tribal regulations.
(2) Zoning. The facility shall comply with applicable zoning and
land use requirements.
(3) Accessibility. The facility shall comply with 25 U.S.C. 794
(the Rehabilitation Act of 1973) as amended, 41 CFR 101-19.6 (Uniform
Federal Accessibility Standards), and 43 CFR Part 17.
(4) OSHA compliance. The facility shall comply with 29 CFR Part
1910, Subparts C through E, G, K, L and S (Occupational Health and
Safety Standards) or comparable tribal regulations. If other activities
governed by sections of 29 CFR Part 1910 not identified in this
standard are carried out in the facility, the section(s) of 29 CFR Part
1910 governing that activity or comparable tribal regulations apply.
(5) Health and safety inspection. In compliance with 29 CFR Part
1960 Subparts B through D, the facility shall receive at least one
inspection each year by a qualified safety and health inspector and
Environmental Health Specialist and/or Sanitarian. Any request for
inspection shall be directed to the Area Safety Manager or Officer
through the Agency Superintendent.
(6) Furnishings and equipment code compliance. The administrator
shall maintain documentation by an independent, qualified source that
the interior furnishing materials in inmate living areas, exit areas
and places of public assembly shall be in accordance with NFPA Life
Safety Code Section 6-5 or comparable tribal regulations.
(b) Facility organization--(1) Separation of adults and juveniles.
If the adult facility temporarily holds juveniles for periods of less
than twenty-four hours, it shall comply with 42 U.S.C. 223(a)(ii) (the
Juvenile Justice and Delinquency Prevention Act of 1974) as amended and
28 CFR Part 31.
(2) Separation of inmates. The facility shall be designed and
constructed so that inmates can be separated according to the
requirements identified in these standards.
(3) Separation of males and females. The facility shall provide for
sight and sound separation of male and female inmates in their housing
areas.
(4) Continuously observable housing. The facility shall provide a
minimum of two single occupancy cells that can be continuously observed
by staff and allow inmates to communicate with staff.
(5) Rated capacity. The number of inmates shall not exceed the
facility's rated capacity with the exception of mass arrests.
(c) Environmental conditions--(1) Artificial light levels. Lighting
levels in inmate cells or rooms shall be at least twenty footcandles at
the desk and in the personal grooming areas. Lighting levels throughout
the facility shall be appropriate to the tasks and activities carried
out in its spaces. An independent, qualified source shall document
lighting levels.
(2) Noise levels. Noise levels shall not exceed seventy decibels in
the daytime and forty-five decibels at night. An independent, qualified
source shall document noise levels.
(3) Indoor air quality. Air circulation shall be at least ten cubic
feet of outside or recirculated filtered air per minute per occupant.
An independent, qualified source shall document air circulations.
(4) Use of tobacco. The administrator shall regulate the use of
tobacco in the facility by staff, inmates and the public.
(5) Heating and cooling. Temperatures shall be appropriate to the
summer and winter comfort zones.
(d) Security--(1) Control center. The facility shall maintain a
secure control center, which has a system for immediate communication
with the inmate living areas. The control center shall monitor and
coordinate the facility's security, life safety and communications
systems.
(2) Perimeter security. The perimeter shall be secured in a way
that inmates remain in the perimeter and that access by the general
public is denied without proper authorization. There shall be security
doors between inmate areas and areas to which the public has access.
(3) Security equipment storage. The facility shall provide space
for the secure storage of chemical agents, restraining devices and
related security equipment. The equipment shall be located outside
inmate living and activity areas in a place that is readily accessible
to authorized persons only. The facility shall store firearms in a
secure area or cabinet outside the security perimeter of the facility
in a place that is accessible only to authorized persons.
(4) Emergency exits. In compliance with NFPA Code and OSHA
regulations, designated exits in the facility shall permit prompt
evacuation of inmates and staff members in an emergency. Facility exits
shall be properly positioned, clear and distinctly and permanently
marked.
(5) Protective holding cells. Other than as indicated in the mass
arrest policy, single and multiple occupancy protective holding cells
shall hold no more than eight persons and shall be used only for the
temporary holding of persons during the booking process for periods of
up to eight hours. Each room or cell shall have, at a minimum:
(i) sixty square feet of floor space;
(ii) toilet facilities that are located above floor level, provide
some degree of privacy and are available for use without staff
assistance twenty-four hours a day;
(iii) hot and cold running water; and
(iv) a bed or fixed bench at or above floor level.
(6) Emergency equipment. The facility shall have the equipment
necessary to maintain essential lights, power, ventilation, power-
operated doors or locks and communication in an emergency.
(7) Visual surveillance equipment. When visual electronic
surveillance is used, it shall be located primarily in hallways,
elevators, corridors, or at points on the security perimeter such as
entrances and exits.
(e) New facility planning process--(1) New facility planning
requirement. All new construction, renovation and expansion projects
shall follow the Planning of New Institutions (PONI) process as
required by 25 CFR Part 296.
(2) Safety management review. The design and specifications for all
new construction, renovation and expansion projects shall be reviewed
by the Bureau of Indian Affairs in compliance with 29 CFR 1960, Suparts
B through D.
(f) New construction, renovation and expansion--(1) Staff inmate
interaction. Physical plant design shall facilitate continuous personal
contact and interaction between staff and inmates.
(2) Continuous observation. All general population and immediate
segregation living areas shall be constructed to facilitate continuous
staff observation, excluding electronic surveillance, of cell or room
fronts and activity areas, such as dayrooms and recreation spaces.
(3) Location. The facility shall be conveniently located for
criminal justice agencies, the health authority, community agencies and
inmates' attorneys, families and friends.
(4) Single occupancy requirements (general population). Only one
inmate shall occupy each cell or detention room designed for single
occupancy. All single rooms or cells shall have at least sixty square
feet of floor space, provided inmates spend no more than ten hours per
day locked in. When confinement exceeds ten hours per day, there shall
be at least seventy square feet of floor space. In general population,
each room or cell shall have, at a minimum:
(i) natural light;
(ii) toilet facilities with some degree of privacy that are located
above floor level and are available for use without staff assistance
twenty-four hours a day;
(iii) a wash basin with hot and cold running water;
(iv) access to showers; and
(v) a bed above floor level, a desk or writing surface, safety-type
hooks or closet space, and a chair or stool.
(5) Single occupancy requirements (immediate segregation). Only one
inmate shall occupy each cell or detention room designed for single
occupancy. The facility shall provide single cell occupancy for
immediate segregation housing. At least one immediate segregation cell
shall be vented directly to the exterior. In immediate segregation
units, rooms shall provide living conditions that approximate those of
the general inmate population; all exceptions shall be clearly
documented. Each room or cell shall have, at a minimum:
(i) natural light;
(ii) a minimum of seventy square feet of floor space;
(iii) toilet facilities with some degree of privacy that are
located above floor level and that are available for use without staff
assistance twenty-four hours a day;
(iv) access to showers;
(v) hot and cold running water; and
(vi) a bed at or above floor level, a desk or writing surface, and
a stool.
(6) Multiple occupancy space requirements. Where used, multiple
occupancy rooms or cells shall house inmates, who have been screened
for suitability to group living. The rooms shall provide:
(i) continuous observation by staff;
(ii) a minimum of fifty square feet of floor space per occupant in
the sleeping area and a clear floor-to-ceiling height of not less than
eight feet;
(iii) natural light;
(iv) a toilet(s), with some degree of privacy;
(v) an operable wash basin(s) with hot and cold running water;
(vi) access to showers; and
(vii) beds above floor level and a locker or container for each
occupant's belongings.
(7) Space, furnishings and conditions for dayrooms. The facility
shall provide separate dayroom space for each cellblock or detention
room cluster. The dayroom shall provide:
(i) natural light;
(ii) a minimum of thirty-five square feet of space per inmate
exclusive of lavatories;
(iii) showers and toilets with some degree of privacy; and
(iv) seating and writing surfaces, appropriate to the
classification which uses this space, sufficient for the number of
inmates who use the dayroom at one time.
(8) Toilets. The facility shall provide operable toilets at a
minimum ratio of one for every twelve inmates in male facilities and
one for every eight inmates in female facilities. Urinals may be
substituted for up to one-half of the toilets in male facilities. All
housing units with three or more inmates shall have two toilets.
(9) Wash basins. Inmates shall have access to operable wash basins
with hot and cold running water in the housing units at a minimum ratio
of one basin for every twelve occupants.
(10) Showers. Inmates shall have access to operable showers with
temperature-controlled hot and cold running water at a minimum of one
shower for every eight inmates. Water for showers shall be
thermostatically controlled to temperatures ranging from one hundred
degrees to one hundred-twenty degrees Fahrenheit.
(11) Housing for the disabled. Disabled inmates shall be housed in
a manner that provides for their safety in compliance with 25 U.S.C.
794 (the Rehabilitation Act of 1973) as amended, 41 CFR 101-19.6
(Uniform Federal Accessibility Standards), and 43 CFR Part 17, yet
prevents their being discriminated against in their use of the
facility.
(12) Interview room. The facility shall provide a minimum of one
accessible interview room.
(13) Visiting spaces. The facility shall provide a secure visiting
room, which facilitates staff observation of visiting. The facility
shall provide secure space outside the security perimeter for the
storage of visitors' personal items.
(14) Food service spaces. When the facility provides for food
preparation, it shall have adequate space for food processing, storage,
refrigeration and sanitation. Toilet and wash basin facilities shall be
available to food service personnel and inmates in the vicinity of the
food preparation area. The square footage of the kitchen shall be
appropriate to the needs of the facility. If dining occurs outside the
dayroom, the facility shall provide a minimum of fifteen square feet
per occupant.
(15) Storage spaces. The facility shall provide the following
storage spaces:
(i) a secure, well-ventilated janitor closet, which includes sink
and adequate space for the storage of cleaning implements and supplies;
(ii) secure storage, located outside the secure area, for
flammable, toxic and caustic items; and
(iii) storage space for inmate clothing, bedding, mattresses,
personal hygiene items and facility supplies.
(16) Laundry. The facility shall provide access to laundry services
or laundry space and equipment.
(17) Booking. The facility shall provide an intake/booking and
release area which shall be located inside the security perimeter, but
outside inmate living quarters. The booking area shall include:
(i) an intake/booking work area;
(ii) sallyport;
(iii) access to operable toilets, with some degree of privacy, wash
basins, drinking water and showers;
(iv) space for alcohol and drug testing equipment;
(v) space for inmate identification equipment;
(vi) a secure, well-ventilated storage room for inmates' personal
property;
(vii) telephone(s), which can be used by inmates;
(viii) private interview spaces;
(ix) temporary holding rooms or waiting spaces with sufficient
fixed seating for all inmates at their rated capacities; and
(x) access to continuously observable protective holding cells for
the safe holding of intoxicated individuals.
(18) Staff toilets. The facility shall provide staff toilets inside
the secure area of the facility that inmates shall not use.
(19) Public spaces. The facility shall provide public restroom(s)
and a public lobby with an adequate number of seats to accommodate
anticipated visitors outside the secure perimeter.
(20) Administration. The facility shall provide adequate space for
its administrative functions. This space shall include an office for
the administrator, work space for clerical staff, duplication of copies
and supply and equipment storage, space for storage of facility records
and space for meetings.
(21) Staff. The facility shall provide adequate space for staff
assigned to work in the facility. These spaces shall include an area in
which they can store personal property, change clothes and shower and
an area in which training, meetings, briefings and breaks can occur.
(22) Mechanical. The facility shall provide separate and adequate
space for mechanical systems and equipment.
(g) Existing construction--(1) Occupancy by one inmate. Only one
inmate shall occupy each cell or detention room designed for single
occupancy. All general population and immediate segregation living
areas shall be constructed to facilitate continuous staff observation,
including electronic surveillance, of cell or room fronts and activity
areas, such as dayrooms and recreation spaces.
(2) Single occupancy space requirements. All single rooms or cells
shall have at least sixty square feet of floor space, provided inmates
spend no more than ten hours per day locked in. When confinement
exceeds ten hours per day, there shall be at least seventy square feet
of floor space.
(3) Multiple occupancy space requirements. Where used, multiple
occupancy rooms or cells shall house inmates, who have been screened
for suitability for group living. The rooms shall provide:
(i) continuing observation by staff;
(ii) a minimum of fifty square feet of floor space per occupant in
the sleeping area and a clear floor-to-ceiling height of not less than
eight feet;
(iii) a toilet(s) with some degree of privacy;
(iv) an operable wash basin(s) with hot and cold running water;
(v) access to showers; and
(vi) beds above floor level and a locker or container for each
occupant's belongings.
(4) Single occupancy furnishings and conditions (general
population). Each room or cell shall have, at a minimum;
(i) toilet facilities with some degree of privacy that are located
above floor level and that are available for use without staff
assistance twenty-four hours a day;
(ii) a wash basin with hot and cold running water;
(iii) access to showers; and
(iv) a bed above floor level, a desk or writing surface, safety-
type hooks or closet space, and a chair or stool.
(5) Single occupancy furnishings and conditions (immediate
segregation). Segregation rooms shall provide living conditions that
approximate those of the general inmate population; all exceptions
shall be clearly documented. Each room or cell shall have, at a
minimum:
(i) a minimum of seventy square feet of floor space;
(ii) toilet facilities with some degree of privacy that are located
above floor level and are available for use without staff assistance
twenty-four hours a day;
(iii) access to showers;
(iv) hot and cold running water; and
(v) a bed at or above floor level, desk or writing surface, and a
stool.
(6) Space, furnishing and conditions for dayrooms. The facility
shall provide separate dayroom space. The dayroom shall provide:
(i) a minimum of thirty-five square feet of space per inmate
exclusive of lavatories;
(ii) showers and toilets with some degree of privacy; and
(iii) seating and writing surfaces, appropriate to the
classification which uses this space, sufficient for the number of
inmates who use the dayroom at one time.
(7) Toilets. The facility shall provide operable toilets at a
minimum ratio of one for every twelve inmates in male facilities and
one for every eight inmates in female facilities. Urinals may be
substituted for up to one-half of the toilets in male facilities. All
housing units with three or more inmates shall have two toilets.
(8) Washbasins. Inmates shall have access to operable washbasins
with hot and cold running water in the housing units at a minimum ratio
of one basin for every twelve occupants.
(9) Showers. Inmates shall have access to operable showers with
temperature-controlled hot and cold running water at a minimum of one
shower for every eight inmates. Water for showers shall be
thermostatically controlled to temperatures ranging from one hundred to
one hundred-twenty degrees Fahrenheit.
(10) Housing for the disabled. Disabled inmates shall be housed in
a manner that provides for their safety in compliance with 25 U.S.C.
794 (the Rehabilitation Act of 1973) as amended, 41 CFR 101 19.6
(Uniform Federal Accessibility Standards), and 43 CFR Part 17, yet
prevents their being discriminated against in their use of the
facility.
(11) Visiting spaces. The facility shall provide a visiting room,
which allows staff to observe visiting.
(12) Dining. If dining occurs outside the dayroom, the facility
shall provide a minimum of fifteen square feet per occupant.
(13) Food service spaces. When the facility provides for food
processing, storage, refrigeration and sanitation. Toilet and washbasin
facilities shall be available to food service personnel and inmates in
the vicinity of the food preparation area. The square footage of the
kitchen shall be appropriate to the needs of the facility.
(14) Janitor closet. The facility shall provide a secure, well-
ventilated janitor closet, which includes sink and adequate space for
the storage of cleaning implements and supplies.
(15) Storage of toxic, flammable and caustic items. The facility
shall provide secure storage, outside the secure area, for flammable,
toxic and caustic items.
(16) Clothing and supply storage. The facility shall provide
storage space for inmate clothing, bedding, mattresses, personal
hygiene items and facility supplies.
(17) Laundry. The facility shall provide access to laundry services
or laundry space and equipment.
(18) Booking. The facility shall provide an intake/booking and
release area which shall be located inside the security perimeter, but
outside inmate living quarters. The booking area shall include:
(i) an intake/booking work area;
(ii) sallyport;
(iii) access to operable toilets, washbasins, drinking water and
showers;
(iv) space for alcohol and drug testing equipment;
(v) space for inmate identification equipment;
(vi) a secure, well-ventilated storage room for inmates' personal
property;
(vii) telephone(s), which can be used by inmates;
(viii) private interview spaces;
(ix) temporary holding rooms or waiting spaces with sufficient
fixed seating for all inmates at their rated capacities; and
(x) access to continuously observable protective holding cells for
the safe holding of intoxicated individuals.
(19) Staff toilets. The facility shall provide staff toilets that
inmates shall not use.
(20) Public spaces. The facility shall provide public restroom(s)
and a public lobby with an adequate number of seats to accommodate
anticipated visitors outside the secure perimeter.
(21) Administration. The facility shall provide adequate space for
its administrative functions.
(22) Staff. The facility shall provide adequate space for staff
assigned to work in the facility.
(23) Mechanical. The facility shall provide separate and adequate
space for mechanical systems and equipment.
Sec. 10.53 Institutional operations.
(a) Security and control--(1) Perimeter access. All security
perimeter entrances and control center doors shall be kept locked,
except when used for supervised entry or exit of employees, inmates, or
visitors and in emergencies.
(2) Staff posts. Staff posts shall permit staff to hear and respond
promptly to emergency situations.
(3) Full coverage of staff posts. Staff shall be provided for full,
around-the-clock coverage of designated security posts, full
surveillance of inmates and performance of other functions.
(4) Supervision of high security areas. A staff member shall enter
a high security area only when another staff member is immediately
available to provide assistance.
(5) Supervision of coed activities. Facility staff shall supervise
male and female inmates in coed activities and spaces continuously and
directly.
(6) Male and female staff requirement. When both males and females
are housed in the facility, at least one male and female staff member
shall be on duty during the times when both sexes are held in the
facility.
(7) Prohibited supervision. No inmate or group of inmates shall be
given control or authority over other inmates.
(8) Cell checks. An officer personally shall observe high and
medium security inmates at least every thirty minutes, but on an
irregular schedule. The administrator shall require observation every
fifteen minutes for inmates who are mentally disordered or who
demonstrate unusual or bizarre behavior and continuous observation of
suicidal inmates.
(9) Counts. The facility shall have a system to physically count
inmates that includes strict accountability for inmates assigned to
work and education release and other approved temporary releases.
(10) Movement. Officers shall regulate all inmate movement.
(11) Transportation of inmates. The administrator shall govern the
safe and secure transportation of inmates outside the facility.
(12) Use of vehicles. The administrator shall govern the use of
departmental and personal vehicles for official purposes and shall
prohibit the use of personal vehicles for transportation of inmates.
(13) Shift activity log. The facility shall maintain a written
record of the following:
(i) personnel on duty;
(ii) inmate population at the beginning and end of each shift;
(iii) record of counts taken;
(iv) shift activities;
(v) entry and exit of professional and other visitors;
(vi) unusual occurrences or incidents;
(vii) hours of programs provided; and
(viii) clothing and linen exchange.
(14) Weekly inspection. The administrator or designee shall inspect
all facility spaces and devices at least weekly, to determine the
status of all security items and the sanitary condition of the
facility. The administrator or designee shall document the inspection
and shall initiate corrective action if needed.
(15) Monthly inspection. The administrator shall inspect all areas
of the facility at least monthly to inventory security equipment to
determine numbers, usefulness and expiration dates, to determine the
status of all security and safety items and to determine the sanitary
condition of the facility. The administrator shall document the
inspection and shall initiate corrective action if needed.
(16) Fire safety inspection. A qualified fire protection specialist
shall inspect the facility to test the fire suppression and detection
system, equipment and facility training in compliance with 29 CFR
1910,.36(d), 1910.37(m), 1910.37(n), 1910.38, and 29 CFR 1960, Subpart
D.
(17) Use of restraints. Staff shall use instruments of restraint
only used as a precaution against escape during transfer, for medical
reasons at the direction of the health authority and as a prevention
against inmate self-injury, injury to others or property damage. Staff
shall apply restraints only with the approval of the administrator or
designee and only for the amount of time that is absolutely necessary.
(18) Security equipment issue. The administrator shall maintain a
written record of routine and emergency distributions of security
equipment.
(19) Contraband control. The administrator shall provide for
searches of facilities and inmates to control contraband and to provide
for its disposition. When a new crime is suspected, the administrator
shall be notified. The administrator shall maintain and make available
to the appropriate authorities all evidence.
(20) Body cavity and visual inspections. Manual or instrument
inspection of inmate body cavities shall be conducted only by medical
personnel, when there is reason to do so and when authorized by the
administrator or designee. Trained staff shall conduct visual
inspections of unclothed inmates only when there is a reasonable belief
that the inmate is carrying contraband or other prohibited material.
Medical personnel shall conduct all manual or instrument inspections in
private. Trained staff of the same sex as the inmate shall conduct all
visual inspections in private.
(21) Key and tool control. The administrator shall govern the
control, issuance, use and storage of keys, tools and culinary and
medical equipment.
(22) Use of force and firearms. The facility shall comply with 25
CFR 11.304 with regard to the use of force, firearms, chemical agents,
or any other weapon.
(b) Safety and emergency procedures--(1) Fire prevention. The
administrator shall govern the storage and use of all flammable, toxic
and caustic materials, the use of non-combustible receptacles for
smoking materials, the amount of personal items, including reading
materials, which inmates may keep in their living units and the amount
and location of items stored in the facility.
(2) Preventive maintenance. The administrator or designee shall
develop a written plan for preventive maintenance of the facility. The
administrator shall review the plan annually and update it as needed.
If tribally operated, the plan shall be supported by a Memorandum of
Agreement between the tribe and the Agency.
(3) Emergency generator testing. In compliance with 29 CFR 1910.38,
emergency power generators shall be inspected weekly and tested under
load at intervals of not more than thirty days.
(4) Evacuation plan. The administrator shall develop a written
evacuation plan prepared in case of fire or major emergency. The plan
shall comply with 29 CFR 1910.38 or comparable tribal code. The
applicable Safety Officer or designee shall review and approve the plan
initially and annually. The administrator shall update and reissue the
plan if necessary. The plan shall include:
(i) means of immediate release of inmates from locked areas;
(ii) location of floor plans;
(iii) use of exit signs and directional arrows for traffic flow;
(iv) location of a publicly posted plan;
(v) at least quarterly drills in all facility locations; and
(vi) coordination with the fire department which services the
facility.
(5) Emergency plans. The administrator or designee shall develop
written plans that specify procedures to be followed in emergency
situations. The administrator shall make these plans available to
applicable personnel and shall review and update them at least
annually. All facility personnel shall be trained in the implementation
of these plans. Emergency situations shall include but not be limited
to:
(i) riots and disturbances;
(ii) hunger strikes;
(iii) hostage situations;
(iv) work stoppages;
(v) unattended deaths, including successful suicides;
(vi) attempted suicides;
(vii) escapes and unauthorized absences; and
(viii) other threats to the security of the facility.
(6) Incident reporting. The administrator shall require the
immediate reporting of all incidents that result in physical harm to
any person, threaten the safety of any person, result in the need for
emergency care, result in damage to the facility or facility property,
threaten the security of the facility, or involve the commission of a
criminal offense. The administrator shall forward the reports to the
Agency Superintendent through the appropriate chain of command.
(7) Medical treatment (incident). The administrator or designee
shall ensure that all persons injured in an incident receive an
immediate medical examination and treatment.
(8) Notification of family. The administrator shall provide for the
notification of persons designated by the inmate in the event of
serious illness, injury or death.
(c) Rules and discipline--(1) Rules of conduct. The administrator
shall develop written rules of inmate conduct that specify acts
prohibited within the facility and penalties that may be imposed for
various degrees of violations. The administrator or designee shall
provide these rules to all inmates and shall ensure that all inmates
understand them. All personnel who deal with inmates shall receive
sufficient training prior to working in the facility to be thoroughly
familiar with the rules of inmate conduct, the sanctions available and
the rationale for the rules. The administrator shall review the written
rules of inmate conduct annually and update them, if necessary to
ensure that they are consistent with constitutional and legal
principles and BIA and tribal standards and codes.
(2) Minor infractions. The administrator shall provide guidelines
for the informal resolution of minor inmate misbehavior.
(3) Grievance procedure. The administrator or designee shall make a
written grievance procedure available to all inmates. The procedure
shall include at least one level of appeal.
(4) Criminal violations. In instances in which an inmate is alleged
to have committed a crime, the administrator or designee shall refer
the case to the appropriate law enforcement officials for possible
prosecution.
(d) Immediate segregation--(1) Types. The administrator of the
facility or designee may order immediate segregation when it is
necessary to protect the inmate or others. When immediate segregation
occurs, the administrator shall govern the supervision of inmates in
the following categories: administrative segregation, protective
custody and medical segregation.
(2) Medical/mental health segregation. The administrator shall
place inmates in immediate segregation for medical reasons only at the
direction of the health authority.
(3) Daily contact. A supervisor and program staff, on request,
shall make a daily visit to inmates in segregation.
(4) Release from segregation. A review process shall be used to
release an inmate from segregation.
(5) Supervision. An officer shall personally observe all inmates in
segregation at least every fifteen minutes on an irregular schedule. An
officer shall personally observe inmates who are violent, mentally
disordered, have medical conditions requiring a higher degree of
supervision, or who demonstrate unusual or bizarre behavior more
frequently. An officer shall continuously observe suicidal inmates. The
facility shall maintain a permanent log of significant events and
activities in the segregation unit.
(6) Deprivation of activity or item. Whenever an inmate in
segregation is deprived of any usually authorized item or activity, the
supervisor shall complete a report of the action and forward it to the
administrator within one working day.
(e) Inmate rights--(1) Access to courts, counsel and legal
materials. Inmates shall have the right to have access to attorneys,
legal representatives, the courts and legal materials and to address
uncensored communications to governmental authorities.
(2) Freedom from discrimination. Inmates shall have the right to be
free from discrimination based on race, religion, national origin,
tribal affiliation, sex, disability, political beliefs, favoritism or
nepotism. Inmates shall have the right to equal access to services.
(3) Equal access for women. Male and female inmates shall have the
right to equal access to services.
(4) Right to communicate. Inmates shall have the right to receive
visits and to communicate or correspond with persons or organizations,
subject only to the limitations necessary to maintain order and
security.
(5) Protection from harm. Inmates shall have the right to
protection from personal abuse, corporal punishment, personal injury,
disease, property damage and harassment, by either staff or inmates.
(6) Freedom of personal grooming. Inmates shall have the right to
determine the length and style of scalp or facial hair, unless health
and safety reasons exist.
(7) Treatment. Inmates shall have the right to medical, dental,
mental health and substance abuse treatment and rehabilitative services
as directed by the health authority.
(f) Booking (1) Booking process. Written procedures for booking new
inmates shall include, at a minimum:
(i) verification of court commitment papers or other legal
documentation for detention;
(ii) complete search of the individual and possessions;
(iii) inventory and storage of clothing and personal property;
(iv) health screening, including tests for infectious diseases as
required by the health authority;
(v) emergency health assessment, as required by law, regulations or
policies of the health authority;
(vi) opportunity to make at least three local or collect long-
distance telephone calls;
(vii) shower, hair care and treatment for ectoparasites if
necessary;
(viii) issue of clean clothing and personal hygiene items;
(ix) completion of a booking form as required by these standards;
(x) suicide screening;
(xi) orientation, classification and assignment to a housing unit;
and
(xii) photographing and/or fingerprinting (optional).
(2) Mass arrests. Written plans shall govern temporary space
arrangements and procedures to be followed in the event of a mass
arrest that exceeds the maximum capacity of the facility. The
administrator or designee shall update the plans as needed and review
them at least annually.
(3) Suicide screening. The administrator shall ensure that all
inmates shall be screened for risk of suicide at the time of booking.
When a risk is identified, detention staff shall make an emergency
referral to the health authority for evaluation by a health care
professional and shall monitor the inmate until the assessment has been
completed.
(4) Orientation. All newly admitted inmates shall receive written
or oral information in the language they understand. The admitting
officer shall document completion of orientation by a statement that
shall be signed and dated by the inmates. The orientation shall
include, but is not limited to:
(i) inmate rules of conduct;
(ii) services available in the facility;
(iii) procedures for accessing health care services; and
(iv) inmate rights and privileges.
(5) Personal property inventory. The admitting officer shall
complete a written, itemized inventory of all personal property of
newly admitted inmates and shall store securely all inmate property,
including money and other valuables. The admitting officer shall give
the inmate a receipt for all property held until release.
(6) Regulation of inmate property. The administrator or designee
shall identify personal property that inmates may receive or keep in
their possession while in the facility, the sources from which these
items may be obtained and how these items are received and inspected.
(g) Security or custody level-- (1) Security or custody level
policy. The administrator or designee shall provide for assignment to a
security or custody level and housing unit. The administrator shall
review these policies annually and update them as necessary. The
written classification plan shall include:
(i) criteria and procedures for determining and changing the status
of an inmate relative to custody; and
(ii) the separate management of the following categories of
inmates: male and female, criminal and witnesses/civil, special needs
inmates (substance abusers, disabled, etc.), juveniles (if detained if
held in this facility in accordance with standards) and immediate
segregation.
(2) Prohibited segregations. The administrator shall prohibit the
segregation of inmates by race, color, creed, tribal affiliation,
national origin, political beliefs, nepotism, favoritism or other
prohibited criteria.
(h) Food service--(1) Food service records. At a minimum, the
facility shall maintain records of the number of meals served to the
inmate population, the expenditures for food supplies and menus
(planned and as served).
(2) Dietary allowances. The facility shall document that a
registered dietician reviews dietary allowances at least annually to
ensure compliance with nationally recommended food allowances. A diet
manual, approved by a registered dietician, shall guide dietary
allowances, including special diets.
(3) Menu planning. The administrator or designee shall plan, date
and make all menus available for review at least one week in advance.
The administrator or designee shall make notations of any
substitutions, which shall be of equal nutritional value, in the meals
actually served. The administrator or designee shall consider Native
American food preferences in menu planning. The administrator or
designee shall direct that menu evaluations shall be conducted at least
quarterly to verify adherence to the nationally recommended basic daily
servings.
(4) Medical special diets. The administrator or designee shall
provide for special diets that are prescribed by appropriate medical or
dental personnel.
(5) Religious preference special diets. The administrator or
designee shall provide for special diets for inmates whose beliefs
require adherence to religious dietary laws.
(6) Food discipline. The administrator shall prohibit the use of
food as a disciplinary measure.
(7) Health protection. Food service facilities and equipment shall
meet health and safety standards; food service personnel and inmates
working in the food service area shall comply with applicable health
regulations. The administrator or designee shall document compliance
with health and safety regulations, including, but not limited to, a
pre-assignment medical examination.
(8) Inspections of food products. The appropriate government agency
shall inspect and approve food products that are grown or produced
within the system. The administrator or designee shall implement a
distribution system that ensures prompt delivery of foodstuffs.
(9) Inspection of food service area. The administrator or designee
shall conduct a weekly inspection of all food service areas and
equipment to ensure that they are sanitary, that all food storage areas
are temperature controlled, and that food service personnel have made
daily checks of refrigerator and water temperatures.
(10) Meal service. The facility shall serve meals under the direct
supervision of staff. The facility shall provide at least three meals,
of which two shall be hot, served at regular meal times during each
twenty-four hour period, with no more than fourteen hours between the
evening meal and breakfast. Provided that basic nutritional goals are
met, variations may be allowed based on weekend and holiday food
service demands.
(i) Sanitation and hygiene--(1) Water supply. The administrator
shall maintain documentation that the entity which provides the
facility's water source, supply, storage and distribution system meets
the requirements of 42 U.S.C. 300g-6 (the Safe Drinking Water Act).
(2) Sewage system. The administrator shall maintain documentation
that entity which provides the facility's sewage system complies with
33 U.S.C. 1251 et seq. (the Clean Water Act of 1977).
(3) Sanitation plan. The administrator or designee, in cooperation
with the BIA or tribal maintenance program, shall develop a written
housekeeping plan for all areas of the physical plant. The
administrator or designee shall update the plan as needed and review it
at least annually. The plan shall provide for daily housekeeping and
regular maintenance by assigning specific duties to staff, inmates and
BIA or tribal Facility Maintenance. The plan shall require that:
(i) facility floors be kept clean, dry and free of hazardous
substances;
(ii) a qualified person conduct monthly inspections to control
vermin and pests;
(iii) solid and liquid wastes be disposed of properly;
(iv) clean, suitable and presentable clothing, bedding, linens and
towels be issued to new inmates and, if necessary, exchanged;
(v) necessary cleaning and storage of inmate personal clothing be
provided;
(vi) articles needed for personal hygiene be furnished; and
(vii) sufficient facilities in the housing areas to permit inmates
to shower or bathe on admission to the facility and daily thereafter.
(j) Health care--(1) Written health care plan. A written plan shall
provide for the delivery of health care services, including applicable
medical, dental, mental health and substance abuse treatment, under the
control of a designated health authority. The plan shall include the
participation of IHS and tribal health care providers. A Memorandum of
Agreement between the administrator and the Director of the appropriate
Indian Health Service (IHS) Service Unit or IHS contract health care
provider shall document the health care plan. When this authority is
other than a physician, final medical judgment shall rest with a single
responsible physician, designated by the appropriate health authority,
who shall meet the applicable licensure requirements.
(2) Health program coordinator. In facilities without full-time,
qualified health personnel, a health-trained staff member shall
coordinate the health care delivery system in the facility under the
joint supervision of the responsible health authority and the
administrator.
(3) Annual review. The administrator and the health authority shall
update the plan as needed, review it annually to determine program
needs including staffing, equipment and supplies and document its
review by signature and date.
(4) Medical/mental health judgment. Medical, dental and mental
health matters involving clinical judgments shall be the sole province
of the responsible physician, dentist and/or psychiatrist or qualified
psychologist.
(5) Security regulations. Security regulations applicable to
facility personnel shall apply to health personnel.
(6) Meetings with provider. The health authority shall meet with
the administrator or designee at least quarterly to review and evaluate
the health care delivery system. The health authority shall provide an
annual statistical report which documents the level and amount of
health care services provided.
(7) Review of health care policies. The health authority and the
administrator shall review and approve all policies and procedures
relative to the health care plan prior to submission of these policies
to the Chief, Division of Law Enforcement. Policies and procedures
shall be reviewed at least annually and documented by signature and
date.
(8) Health training program. The responsible health authority, in
cooperation with the administrator, shall establish a health training
program. The program shall provide instruction in the following areas:
(i) appropriate procedures to prevent the spread of communicable
diseases;
(ii) the ability to respond to health-related situations within
four minutes;
(iii) recognition of signs, symptoms and actions required in
potential emergency situations;
(iv) recognition of chronic illness;
(v) administration of first aid and cardiopulmonary resuscitation
(CPR);
(vi) methods of obtaining assistance from the health care provider;
(vii) recognition of signs and symptoms of and management of
inmates with mental illness, retardation, emotional disturbance,
chemical dependency and suicidal behavior; and
(viii) procedures for patient transfers to appropriate medical
facilities or health care providers.
(9) Unimpeded access to care. The administrator or designee shall
provide for the collection and referral of inmate requests for health
care.
(10) Twenty-four-hour emergency care. The administrator and health
authority shall develop a written plan for the provision of twenty-four
hour emergency medical, dental and mental health care. The
administrator and health authority shall update the plan as needed and
review it at least annually. At a minimum, the plan shall include:
(i) emergency evacuation of the inmate from the facility;
(ii) emergency evaluation of the inmate for medical or mental
health problems;
(iii) use of an emergency medical vehicle;
(iv) use of one or more designated hospital, clinic, emergency on-
call physician, dentist, psychiatrist, qualified psychologist or
otherwise qualified clinician; and
(v) security procedures that provide for the immediate transfer of
inmates when appropriate.
(11) Health care treatment. Health care staff or health-trained
officers shall perform treatment pursuant to written direct orders by
personnel authorized by law to give such orders.
(12) Medical/mental health management of inmates. Qualified health
care personnel, in conjunction with facility staff, shall develop a
written plan for the management of inmates with medical, mental health
and substance abuse problems, including suicide risks.
(13) Licensure requirements. The health authority shall comply with
all applicable federal law, licensure requirements, rules, regulations
and medical protocols in the delivery of health care services to the
inmate population.
(14) Traditional practitioners. The facility shall allow inmates to
participate in or receive traditional healing ceremonies and to use
traditional healing methods, limited only to the degree necessary to
preserve institutional security and order.
(15) Prohibited use of detainees. Inmates shall not perform duties
in the health program.
(16) Management of medications. The administrator and health
authority shall provide for the proper management of individual doses
of medications that are kept in the facility. The administrator and the
health authority shall review the policy annually and update it as
needed.
(17) Administration of medications. The administrator or designee
shall ensure that persons administering medications have received
training appropriate to their assignment. Employees shall administer
medications according to direct or physician orders and shall record
the administration of medications in a manner and on a form approved by
the responsible physician.
(18) Preliminary health care screening. Health-trained staff shall
perform medical screening of all inmates on arrival at the facility and
record findings on a printed screening form approved by the health
authority. The screening process shall include:
(i) inquiry into:
(A) current and chronic illness and health problems, including
dental problems and suicidal thoughts;
(B) sexually transmitted diseases and other infectious diseases;
(C) medication taken and special health requirements;
(D) use of alcohol and other drugs, which includes types of drugs
used, mode of use, amount used, frequency used, date or time of last
use and history of problems that may have occurred after ceasing use
(e.g., convulsions);
(E) past or present treatment or hospitalization for mental
disturbance or suicide;
(F) other health problems designated by the responsible physician;
and
(G) mental illness;
(ii) observation of:
(A) behavior, which includes state of consciousness, mental status,
appearance, conduct, tremor or sweating; and
(B) body deformities, trauma markings, bruises, lesions, jaundice
and ease of movements; and
(iii) disposition to:
(A) housing in general population;
(B) general population and referral to appropriate health care
service or substance abuse treatment provider; and/or
(C) referral to appropriate health care service on an emergency
basis.
(19) First aid kits. The administrator shall ensure that first aid
kits are available in designated areas of the facility as determined by
the Safety Officer during the annual inspection. The health care
provider shall determine the appropriate content of first aid kits.
(20) Serious and infectious disease. The administrator and health
authority shall develop a written plan for the management of inmates
with serious and infectious disease. The administrator and health
authority shall update the plan as needed and review it at least
annually. The plan shall include, at a minimum:
(i) precautions taken to prevent the spread of disease;
(ii) special needs or requirements of the inmate; and
(iii) procedures for treatment, limiting activities, if
appropriate, legally mandated reporting and medical pass-on as directed
by the health authority.
(21) Detoxification. The administrator and health authority shall
develop a written plan to guide the clinical management of chemically
dependent inmates. The plan shall specify the process for involving the
health authority and the substance abuse program on both a continuing
and crisis-intervention basis. The plan shall include:
(i) assessment as warranted;
(ii) detoxification under clinically supervised conditions;
(iii) diagnosis of chemical dependency;
(iv) determination as to whether an individual requires non-
pharmacologically or pharmacologically supported care; and
(v) the development of a written plan to refer chemically dependent
inmates to existing community resources.
(22) Informed consent. The health authority shall observe informed
consent standards of the community for all examinations, treatments and
procedures affected by informed consent. In the case of minors, the
informed consent of a parent, guardian or legal custodian shall apply
when required by law. Health care shall be rendered against an inmate's
will only in accordance with law.
(23) Participation in research. The health authority shall prohibit
the use of inmates for medical, pharmaceutical, or cosmetic
experiments. This standard shall not preclude individual treatment of
an inmate based on need for a specific medical procedure that is not
generally available.
(24) Confidentiality of health records. In compliance with the 5
U.S.C. 552(a) (the Privacy Act of 1974) as amended and 42 CFR Part 2
(Regulations on Confidentiality of Alcohol and Drug Abuse Patient
Records), the health authority shall keep the health record
confidential. The health authority shall require that, at a minimum:
(i) the active health record shall be maintained separately from
the confinement record;
(ii) access to the health record shall be controlled by the health
authority; and
(iii) the health authority shall with the administrator of the
facility or designee information regarding an inmate's medical
management, security and the ability to participate in programs.
(25) Medical record contents. The health authority shall approve
the method of recording entries in the record and the form and format
of the record. An inmate's medical/mental health record shall contain:
(i) copies of the completed intake screening form;
(ii) prescribed medications and their administration;
(iii) laboratory, x-ray and diagnostic studies, if applicable;
(iv) the signature and title of each documenter;
(v) consent and refusal forms;
(vi) release of information forms;
(vii) place, date and time of health encounters;
(viii) discharge summary of hospitalization (if applicable); and
(ix) health service reports (e.g., dental, psychiatric and other
consultations).
(x) Transfer of health information and records. Summaries or copies
of the health record shall be routinely sent to the health authority of
any facility to which the inmate is transferred. The inmate shall
authorize, in writing, the transfer of health records and information,
unless otherwise provided by law or administrative regulation having
the force and effect of law.
(k) Release--(1) Court programs. The facility shall cooperate with
and assist in coordinating court intervention and diversion programs,
pretrial release and probation services.
(2) Final release. Written procedures for final release of inmates
shall include, but not be limited to:
(i) verification of identity and release authority;
(ii) completion of release arrangements, including person or agency
to whom the inmate is to be released if applicable;
(iii) verification that all inmate property leaves with the inmate
and that no facility property leaves the facility;
(iv) completion of any pending action, such as grievances or claims
for damages or lost possessions;
(v) transfer of health information if appropriate; and
(vi) transportation arrangements, if required.
(3) Detainers. The presence of a detainer shall not automatically
prevent the release of an inmate from the detention facility.
Sec. 10.54 Inmate programs and services.
(a) Counseling, library and religious programming--(1) Counseling.
The administrator or designee shall provide for inmate counseling and
crisis intervention services.
(2) Library. The administrator or designee shall develop a written
plan to provide reading materials to inmates. The plan shall include
the location where reading materials are kept and the process by which
inmates obtain and return these materials. The administrator shall
update the plan as needed and review it at least annually.
(3) Religious programs. Inmates shall have the right to practice
their religion, subject only to the limitations necessary to maintain
institutional order and security.
(b) Correspondence and telephone.
(1) Inmate correspondence. The administrator shall regulate inmate
correspondence and shall make this policy available to all staff and
inmates. The administrator shall review this policy annually and update
it as needed.
(2) Limitations on inmate correspondence. The administrator shall
not limit the volume of lawful correspondence (e.g., letters, packages
and publications) an inmate may send or receive and shall not restrict
the length, language, content or source of the correspondence, except
where there is clear and convincing evidence to justify the limitations
for reasons of public safety, facility order or security.
(3) Indigents' correspondence. The administrator or designee shall
provide indigent inmates with a system that enables them to send a
minimum of two letters.
(4) Inspection of letters and packages. The administrator or
designee may open inmate letters, both in-coming and out-going to
inspect them for contraband. Letters shall not be read or rejected
except where there is reliable information that there is a threat to
order and security or that they are being used to further illegal
activities. The administrator or designee shall notify inmates when in-
coming or out-going letters are rejected. The administrator or designee
shall deposit any cash, checks, or money orders in the inmate's account
and shall issue a receipt to both the inmate and the sender. The
administrator or designee shall forward any contraband found to the
appropriate law enforcement authority. The supervisor shall forward all
mail within twenty-four hours of receipt except for Saturdays, Sundays
and holidays. Inmates shall be prohibited from carrying money.
(5) Privileged correspondence. The administrator shall permit
inmates to send sealed letters to specified groups of persons and
organizations including, but not limited to, courts, including
probation staff, counsel, officials of the confining authority,
administrators of grievance systems and the media. Mail to inmates from
this specified class of persons and organizations shall be opened only
to inspect for contraband and only in the presence of the inmate.
(6) Holding and forwarding mail. The administrator or designee
shall forward or return first-class letters and packages for inmates
after transfer or release.
(7) Telephone. The administrator shall provide for inmate access to
telephones.
(c) Visiting.
(1) Visiting rules. The administrator shall establish rules for
inmate visiting.
(2) Number of visitors. The administrator or designee shall limit
the number of visitors an inmate may receive and the length of the
visits only to the degree necessary in terms of facility schedules,
space and personnel constraints except where there are substantial
reasons to justify such limitations.
(3) Sobriety statement. Facility visitors shall sign a sobriety
statement. The statement shall stipulate that:
(i) they are not under the influence of alcohol or illegal mood-
altering substances;
(ii) they are not carrying such substances on their person or in
their belongings; and
(iii) they consent to a breath test or non-invasive search as a
condition of entry, if there is probable cause.
(4) Searches (visiting). The administrator or designee shall
provide clear instructions to staff and inmates concerning inmate and
visitor search procedures and the approval required for visual
observations of unclothed inmates.
(5) Special Visits. The administrator or designee shall provide for
special visits from persons who have travelled long distances, to
hospitalized inmates and to inmates in immediate segregation.
(6) Visitor Personal Property. Visitors shall not bring personal
property into the secure area of the facility.
(7) Visitor Registration. The administrator or designee shall
provide for visitor registration and identification on entry into the
facility.
Dated: May 19, 1994.
Ada E. Deer,
Assistant Secretary--Indian Affairs.
[FR Doc. 94-18796 Filed 8-4-94; 8:45 am]
BILLING CODE 4310-02-P
