reglab/statecodes huggingface dataset:
Idaho Administrative Code › Title IDAPA 05 - Juvenile Corrections, Department of › Rule 05.01.02 - RULES AND STANDARDS FOR SECURE JUVENILE DETENTION CENTERS › Section 05.01.02.227 - SEARCH AND SEIZURE

Current through August 31, 2023
01.
Detention Center Search Plan
. The detention center shall have written policy and procedures which outline a detention center search plan for the control of contraband and weapons and provides for unannounced and irregularly timed searches of juvenile offenders' rooms, day rooms, and activity, work or other areas accessible to juvenile offenders and searches of all materials and supplies coming into the detention center. (3-31-22)
02.
Personal Searches
. The detention center shall have written policy and procedures governing the personal searches of juvenile offenders, to include pat, strip, visual body cavity, and body cavity searches for the control of contraband and weapons and provides for unannounced and irregularly timed searches of juvenile offenders. Said policies and procedures shall include, at a minimum, requirements that: (3-31-22)
a. All searches be performed under sanitary conditions in a manner which protects the dignity of the juvenile to the greatest extent possible; (3-31-22)
b. All pat searches be performed by direct care personnel of the same sex as the juvenile, except under exigent circumstances; (3-31-22)
c. All strip or visual body cavity searches be performed by direct care personnel of the same sex as the juvenile with the exception of the health authority or medical personnel; (3-31-22)
d. No person of the opposite sex of the juvenile shall be allowed to observe any unclothed search of the juvenile, including strip, visual body cavity, or body cavity searches with the exception of the health authority or medical personnel; (3-31-22)
e. All body cavity searches shall be conducted only by the health authority or by medical personnel; (3-31-22)
f. An initial pat search must be performed at the intake process prior to the removal of any mechanical restraints; and (3-31-22)
g. Any search or physical examination of transgender or intersex residents for the sole purpose of determining genital status is prohibited. (3-31-22)
Idaho Administrative Code › Title IDAPA 05 - Juvenile Corrections, Department of › Rule 05.01.02 - RULES AND STANDARDS FOR SECURE JUVENILE DETENTION CENTERS › Section 05.01.02.228 - SECURITY DEVICES

Current through August 31, 2023
01.
Key Control
. The detention center shall have policy and procedures in place to govern key and tool control. (3-31-22)
02.
Security Devices
. The detention center shall have written policy and procedures that govern the use of security devices. Detention center employees shall use only security equipment on which they have been properly trained and is issued through, or authorized by, the detention center administrator. The facility shall maintain documentation of proper training. (3-31-22)
03.
Weapons Locker
. The detention center shall provide a weapons locker or similar arrangement at security perimeter entrances for the temporary storage of weapons belonging to law enforcement officers who must enter the detention center. (3-31-22)
Idaho Administrative Code › Title IDAPA 05 - Juvenile Corrections, Department of › Rule 05.01.02 - RULES AND STANDARDS FOR SECURE JUVENILE DETENTION CENTERS › Section 05.01.02.230 - FOOD SERVICES

Current through August 31, 2023
The detention center shall have written policy and procedures which govern food service. If food is not obtained through a food service contract from an outside source, the detention center's food service operation shall be supervised by a designated employee who has experience and/or training in meal preparation, menu planning, staff supervision, ordering procedures, health and safety policies, theft precautions, and inventory control. If food is obtained through a food service contract from an outside source, provisions shall be made to assure that the contractor complies with the applicable section of these rules. (3-31-22)
Idaho Administrative Code › Title IDAPA 05 - Juvenile Corrections, Department of › Rule 05.01.02 - RULES AND STANDARDS FOR SECURE JUVENILE DETENTION CENTERS › Section 05.01.02.232 - SPECIAL DIETS

Current through August 31, 2023
The detention center shall have written policy and procedures which govern special diets. (3-31-22)
01.
Special Diets, Medical
. Special diets prescribed by a physician shall be followed according to the orders of the treating physician or dentist. (3-31-22)
02.
Special Diets, Religious
. Provisions should be made for special diets when a juvenile offender's religious beliefs require adherence to particular dietary practices. (3-31-22)
Idaho Administrative Code › Title IDAPA 05 - Juvenile Corrections, Department of › Rule 05.01.02 - RULES AND STANDARDS FOR SECURE JUVENILE DETENTION CENTERS › Section 05.01.02.233 - DIETARY RECORDS

Current through August 31, 2023
01.
Food Service Records
. The detention center shall maintain an accurate record of all meals served to juvenile offenders, including special diets. All menus shall be planned, dated, and available for review at least one (1) week in advance. Notations shall be made of any changes in the menu. Menus shall be kept at least one (1) year after use. (3-31-22)
02.
Review of Menus
. Menus and records of meals served shall be reviewed on a regular basis at least annually by a licensed dietitian, physician or nutritionist to verify nutritional adequacy or shall meet the current guidelines of the National School Lunch Program. The detention center shall maintain documentation of the dietitian's, physician's or nutritionist's review and verification. Subsequent menus shall be promptly revised to eliminate any deficiencies noted. (3-31-22)
Idaho Administrative Code › Title IDAPA 05 - Juvenile Corrections, Department of › Rule 05.01.02 - RULES AND STANDARDS FOR SECURE JUVENILE DETENTION CENTERS › Section 05.01.02.234 - MEALS

Current through August 31, 2023
01.
Providing Meals
. The detention center shall have written policy and procedures which govern the providing of meals. Three (3) meals, at least two (2) of which includes a hot entree, shall be served daily. (3-31-22)
a. Meals must be served at approximately the same time every day. No more than fourteen (14) hours shall elapse between the evening meal and breakfast the next day unless an evening snack is served. If snacks are provided, up to sixteen (16) hours may elapse between the evening meal and breakfast. (3-31-22)
b. Juvenile offenders out of the detention center attending court hearings or other approved functions when meals are served shall have a meal provided upon their return if they have not already eaten. (3-31-22)
c. If meals are provided to staff, the menu should be the same as provided to juvenile offenders. (3-31-22)
d. The health authority or a medical employee shall be notified when a juvenile offender does not eat three (3) consecutive meals. (3-31-22)
Idaho Administrative Code › Title IDAPA 05 - Juvenile Corrections, Department of › Rule 05.01.02 - RULES AND STANDARDS FOR SECURE JUVENILE DETENTION CENTERS › Section 05.01.02.235 - FOOD SERVICE SANITATION

Current through August 31, 2023
01.
Written Policy and Procedures
. The detention center shall have written policy and procedures to govern food service sanitation. Food service and related sanitation practices shall comply with the requirements of the state health department or other appropriate regulatory body. The detention center's food service operation shall be inspected in the manner and frequency mandated by local health authorities. The detention center administrator shall solicit at least an annual sanitation inspection by a qualified entity. The results of such inspections shall be documented and the detention center administrator shall take prompt action to correct any identified problems; (3-31-22)
Idaho Administrative Code › Title IDAPA 05 - Juvenile Corrections, Department of › Rule 05.01.02 - RULES AND STANDARDS FOR SECURE JUVENILE DETENTION CENTERS › Section 05.01.02.240 - SANITATION AND HYGIENE

Current through August 31, 2023
01.
Sanitation Inspections
. Written policy and procedures shall provide that the detention center be maintained in a clean and healthful condition and that the detention center administrator or designee shall conduct monthly sanitation and maintenance inspections of all areas of the detention center. (3-31-22)
02.
Vermin Control
. The detention center shall have a plan for the control of vermin and pests which includes inspections and fumigations, as necessary, by a licensed pest control professional. (3-31-22)
03.
Housekeeping Plan
. The detention center shall have a written housekeeping plan for all areas of the physical plant which provides for daily housekeeping and maintenance by assigning specific duties to juvenile offenders and staff. All work shall be assigned and supervised by detention center employees. No juvenile offender shall be allowed to assign work to other juvenile offenders. (3-31-22)
04.
Maintenance and Repair
. The detention center shall have written policy and procedures to provide that all plumbing, lighting, heating and ventilation equipment, furnishings, and security hardware in juvenile offender living areas shall be kept in good working order. Any broken fixture, equipment, furnishings, or hardware shall be promptly repaired or replaced. Painted surfaces shall not be allowed to become scaled or deteriorated. (3-31-22)
05.
Water Quality
. The water shall meet all current standards set by the applicable state and local authority as to bacteriological, chemical, and physical tests for purity. (3-31-22)
Idaho Administrative Code › Title IDAPA 05 - Juvenile Corrections, Department of › Rule 05.01.02 - RULES AND STANDARDS FOR SECURE JUVENILE DETENTION CENTERS › Section 05.01.02.245 - PERSONAL HYGIENE

Current through August 31, 2023
01.
Personal Hygiene Items
. The detention center shall have written policy and procedures which govern the provision of, without charge, the following articles necessary for maintaining proper personal hygiene: (3-31-22)
a. Soap; (3-31-22)
b. Toothbrush; (3-31-22)
c. Toothpaste; (3-31-22)
d. Comb or brush; (3-31-22)
e. Shaving equipment; (3-31-22)
f. Products for female hygiene needs; and (3-31-22)
g. Toilet paper. (3-31-22)
Idaho Administrative Code › Title IDAPA 05 - Juvenile Corrections, Department of › Rule 05.01.02 - RULES AND STANDARDS FOR SECURE JUVENILE DETENTION CENTERS › Section 05.01.02.250 - HEALTH SERVICES

Current through August 31, 2023
01.
Health Care
. The detention center shall have written policy and procedures to govern the delivery of reasonable medical, dental, and mental health services. These written policy and procedures must at a minimum address, but are not limited to the following: (3-31-22)
a. Intake medical screening must be documented and performed on all juvenile offenders upon admission to the detention center. (3-31-22)
i. The medical screening should include inquiry of current illness and health problems, dental problems, sexually transmitted and other infectious diseases, medication taken and special health requirements, if any, the use of alcohol or drugs, mental illness and/or suicidal behavior. (3-31-22)
ii. The screening should also include observations of the physical condition, mental condition, and/or behavior. (3-31-22)
Idaho Administrative Code › Title IDAPA 05 - Juvenile Corrections, Department of › Rule 05.01.02 - RULES AND STANDARDS FOR SECURE JUVENILE DETENTION CENTERS › Section 05.01.02.255 - RULES AND DISCIPLINE

Current through August 31, 2023
01.
Behavioral Management
. The detention center shall have written policy and procedures for maintaining discipline and regulating juvenile offenders' conduct. The following general principle shall apply: (3-31-22)
a. The conduct of juvenile offenders shall be regulated in a manner which encourages and supports appropriate behavior, with penalties for negative behavior; (3-31-22)
b. The detention center shall have written rules of conduct which specify prohibited acts, the penalties that may be imposed for various degrees of violation, and the disciplinary procedures to be followed; (3-31-22)
c. Disciplinary action shall be of a nature to regulate juvenile offenders' behavior within acceptable limits and shall be taken at such times and in such degrees as necessary to accomplish this objective; (3-31-22)
d. The behavior of juvenile offenders shall be controlled in an impartial and consistent manner; (3-31-22)
e. Disciplinary action shall not be arbitrary, capricious, retaliatory, or vengeful; (3-31-22)
f. Corporal or unusual punishment is prohibited, and care shall be taken to insure juvenile offenders' freedom from personal abuse, humiliation, mental abuse, personal injury, disease, property damage, harassment, or punitive interference with daily functions of living, such as eating or sleeping; (3-31-22)
g. Juvenile offenders shall not be subject to any situation in which juvenile offenders impose discipline on each other. (3-31-22)
Idaho Administrative Code › Title IDAPA 05 - Juvenile Corrections, Department of › Rule 05.01.02 - RULES AND STANDARDS FOR SECURE JUVENILE DETENTION CENTERS › Section 05.01.02.256 - COMMUNICATION AND CORRESPONDENCE

Current through August 31, 2023
01.
Mail, Visiting, Telephone
. The detention center shall have written policy and procedures which shall govern the practices of handling mail, visitation, use of the telephone, and any limitations or restriction on these privileges. Juvenile offenders shall have the opportunity to receive visits and to communicate and correspond with persons, representatives of the media or organizations, subject to the limitations necessary to maintain detention center security and order. (3-31-22)
02.
Resident Access to Outside Support Services
. The facility shall provide residents with access to outside victim advocates for emotional support services related to sexual abuse as outlined by PREA Standard Section  115.353. (3-31-22)
03.
Mail Service
. Mail, other than sent to or received from public officials, judges, attorneys, courts, government officials and officials of the confining authority, may be opened and inspected for contraband. (3-31-22)
04.
Telephone Service
. All juvenile offenders, except those restricted as a result of disciplinary action, shall be provided the opportunity to complete at least two (2) telephone calls weekly to maintain family and community ties. (3-31-22)
a. Telephone calls may be monitored and notification shall be provided to the juvenile. (3-31-22)
b. The detention center may require that any costs for telephone calls be borne by the juvenile offender or the party called. (3-31-22)
c. Written policy and procedures shall grant all juvenile offenders the right to make at least one (1) local or collect long distance telephone call to family members, attorneys, or other approved individuals during the admissions process. (3-31-22)
d. Juvenile offenders shall be allowed to make a reasonable number of telephone calls to their attorneys that: (3-31-22)
i. Are of reasonable duration; (3-31-22)
ii. Are not monitored; and (3-31-22)
iii. Are not revoked as a disciplinary measure. (3-31-22)
Idaho Administrative Code › Title IDAPA 05 - Juvenile Corrections, Department of › Rule 05.01.02 - RULES AND STANDARDS FOR SECURE JUVENILE DETENTION CENTERS › Section 05.01.02.261 - ADMISSION

Current through August 31, 2023
01.
Orientation Materials
. Written policy and procedures shall provide that new juvenile offenders receive orientation materials, including conduct rules. If, at any time, a literacy or language barrier is recognized, the detention center shall make good faith efforts to assure that the juvenile offender understands the material. (3-31-22)
02.
Procedures for Admission
. The detention center shall have written policy and procedures for admission of juvenile offenders which shall address, but are not limited to, the following: (3-31-22)
a. Determination that the juvenile offender is lawfully detained in the detention center; (3-31-22)
b. The classification of juvenile offenders in regard to sleeping, housing arrangements, and programming; (3-31-22)
c. Any juvenile offender showing signs of impairment should not be admitted to the detention center without documentation from medical personnel or a physician of examination, treatment, and fitness for confinement; (3-31-22)
d. A complete search of the juvenile offender and possessions; (3-31-22)
e. Pat searches shall be performed before mechanical restraints are removed at the admissions process; (3-31-22)
f. The care and disposition of personal property; (3-31-22)
g. Provision of shower and the issuance of detention clothing and personal hygiene articles; (3-31-22)
h. The provision of medical, dental and mental health screening; (3-31-22)
i. Male and female juvenile offenders shall not occupy the same sleeping room; (3-31-22)
j. The recording of basic personal data and information; (3-31-22)
k. Providing assistance to juvenile offenders in notifying their families of their admission and the discussion of procedures for mailing and visiting; (3-31-22)
l. The fingerprinting and photographing in accordance with Title 20, Chapter 5, Section  20-516(8), Idaho Code; and (3-31-22)
m. The administration of the MAYSI or other approved assessment tool. (3-31-22)
Idaho Administrative Code › Title IDAPA 05 - Juvenile Corrections, Department of › Rule 05.01.02 - RULES AND STANDARDS FOR SECURE JUVENILE DETENTION CENTERS › Section 05.01.02.262 - RELEASE

Current through August 31, 2023
01.
Release of Offender
. Written policy and procedures shall govern the release of any juvenile offender and the release process including, but not limited to: (3-31-22)
a. Verification of juvenile offender's identity; (3-31-22)
b. Verification of release papers; (3-31-22)
c. Completion of release arrangements, including the person or agency to whom the juvenile offender is being released: (3-31-22)
d. Return of personal effects; and (3-31-22)
e. Completion of any pending action. (3-31-22)
Idaho Administrative Code › Title IDAPA 05 - Juvenile Corrections, Department of › Rule 05.01.02 - RULES AND STANDARDS FOR SECURE JUVENILE DETENTION CENTERS › Section 05.01.02.265 - PROGRAMS AND SERVICES AVAILABLE

Current through August 31, 2023
01.
Programs and Services
. The detention center shall have written policy and procedures which govern what programs and services will be available to juvenile offenders. These programs and services shall include, at a minimum, the following: (3-31-22)
a. Access or referral to counseling; (3-31-22)
b. Religious services on a voluntary basis; (3-31-22)
c. One (1) hour per day, five (5) days per week of large muscle exercise; (3-31-22)
d. Passive recreational activities: (3-31-22)
e. Regular and systematic access to reading material: (3-31-22)
f. Work assignments; and (3-31-22)
g. Educational programs according to the promulgated rules of the Idaho State Department of Education. (3-31-22)
Idaho Administrative Code › Title IDAPA 05 - Juvenile Corrections, Department of › Rule 05.01.03 - RULES OF THE CUSTODY REVIEW BOARD › Section 05.01.03.001 - SCOPE

Current through August 31, 2023
These rules are established to ensure that the juvenile corrections system in Idaho and determinations of the Custody Review Board are based on the principles of accountability, community protection, and competency development. (4-6-23)
Idaho Administrative Code › Title IDAPA 05 - Juvenile Corrections, Department of › Rule 05.01.03 - RULES OF THE CUSTODY REVIEW BOARD › Section 05.01.03.010 - DEFINITIONS

Current through August 31, 2023
In addition to the definitions in Section  20-502, Idaho Code, the following definitions apply: (4-6-23)
01.
Case Management Team
. A team consisting of juvenile services coordinator, rehabilitation specialist and juvenile probation officer who provide input in setting and following through with treatment goals. (4-6-23)
02.
Extended Time in Custody
. Any period a juvenile remains in custody after age nineteen (19) or beyond eighteen (18) consecutive months and not to exceed age twenty-one (21). (4-6-23)
Idaho Administrative Code › Title IDAPA 05 - Juvenile Corrections, Department of › Rule 05.01.03 - RULES OF THE CUSTODY REVIEW BOARD › Section 05.01.03.100 - GENERAL PROVISIONS

Current through August 31, 2023
01.
Hearings
. All matters and testimony concerning juveniles, before the Board, are confidential and are conducted in accordance with Title 74, Chapters 1 and 2, Idaho Code; and Title 20, Chapter 5, Idaho Code, regarding juvenile records and proceedings. (4-6-23)
Idaho Administrative Code › Title IDAPA 05 - Juvenile Corrections, Department of › Rule 05.01.03 - RULES OF THE CUSTODY REVIEW BOARD › Section 05.01.03.101 - POWERS AND DUTIES

Current through August 31, 2023
01.
Review
. The Board reviews cases that are referred according to Section  201  of these rules. (4-6-23)
02.
Board Determinations
. The Board will determine whether the juvenile needs an extended time in custody to address accountability, community protection, and competency. (4-6-23)
03.
Placement
. The Board cannot direct the placement or treatment of a juvenile. (4-6-23)
04.
Release Date for Juveniles
. If the Board determines that a juvenile not be retained in custody, the Director sets a release date, as follows: (4-6-23)
a. A juvenile referred per Subsection  201.01.a. who appears before the Board prior to his nineteenth birthday is released by his nineteenth birthday. The Department may retain the juvenile up to forty-five (45) days after the juvenile's nineteenth birthday only if necessary to finalize an appropriate release plan. (4-6-23)
b. In cases referred per Subsection  201.01.b., the Department may retain the juvenile long enough to finalize an appropriate release plan, not to exceed forty-five (45) days after the Director signs the Board's determination. (4-6-23)
c. The Director retains release authority for cases referred per Subsection  201.01.c. (4-6-23)
Idaho Administrative Code › Title IDAPA 05 - Juvenile Corrections, Department of › Rule 05.01.03 - RULES OF THE CUSTODY REVIEW BOARD › Section 05.01.03.102 - STRUCTURE AND COMPOSITION OF THE CUSTODY REVIEW BOARD

Current through August 31, 2023
01.
Board Members and Appointment
. The Board is composed of four (4) members appointed by the Director who represent a variety of experiences. Terms are four (4) years, at the pleasure of the Director. In the case of vacancies, appointments are for the remainder of the original term. (4-6-23)
02.
Compensation of Board Members
. Members serve without honorarium or compensation but are reimbursed for expenses, subject to the limits provided in Section  67-2008, Idaho Code. (4-6-23)
Idaho Administrative Code › Title IDAPA 05 - Juvenile Corrections, Department of › Rule 05.01.03 - RULES OF THE CUSTODY REVIEW BOARD › Section 05.01.03.200 - REVIEW PROCESS

Current through August 31, 2023
A juvenile in the custody of the Department does not have the legal right or ability to request or demand a case review by the Board. A review by the Board does not create a liberty interest for the juvenile, and cannot be appealed. All cases come before the Board as outlined in Section  201  of these rules (4-6-23)
Idaho Administrative Code › Title IDAPA 05 - Juvenile Corrections, Department of › Rule 05.01.03 - RULES OF THE CUSTODY REVIEW BOARD › Section 05.01.03.201 - REFERRAL OF CASES TO THE BOARD

Current through August 31, 2023
01.
Cases Eligible for Referral
. A case is eligible for referral to the Board if: (4-6-23)
a. The juvenile is no more than six (6) months from his nineteenth birthday and one (1) or more members of the case management team believes that the juvenile needs extended time in custody beyond that juvenile's nineteenth birthday; (4-6-23)
b. The juvenile, at the time of commitment to the Department, is past age nineteen (19) or will reach age nineteen (19) prior to the next scheduled meeting of the Board; or (4-6-23)
c. The juvenile is no more than three (3) months from being in custody for eighteen (18) consecutive months and one (1) or more members of the case management team believes that the juvenile needs extended time in custody beyond eighteen (18) months. (4-6-23)
d. Cases referred per Subsection  201.01.c. will be heard every six (6) months thereafter until the juvenile is released from custody. (4-6-23)
Idaho Administrative Code › Title IDAPA 05 - Juvenile Corrections, Department of › Rule 05.01.03 - RULES OF THE CUSTODY REVIEW BOARD › Section 05.01.03.202 - PERSONS TO ATTEND OR COMMENT

Current through August 31, 2023
01.
Juvenile
. The subject of a hearing is required to appear either in person or by video. (4-6-23)
02.
Witnesses
. The Board allows victims, attorneys, members of the case management team, and approved family members or others who have a direct relationship to the specific hearing or subject of the hearing to participate. (4-6-23)
03.
Participation
. Persons who want to participate in hearings shall notify the Board staff in advance of the scheduled hearing. Children, including victims, under the age of fourteen (14), are not allowed to attend the hearings without prior approval of the Board. Parents or guardians of child victims in a case may participate. (4-6-23)
04.
Time Limited
. The Board may limit the time allotted to each participant during the hearing. (4-6-23)
05.
Exclusion
. The Board may exclude witnesses or participants for inappropriate or disruptive behavior, or other good cause. (4-6-23)
Idaho Administrative Code › Title IDAPA 05 - Juvenile Corrections, Department of › Rule 05.01.03 - RULES OF THE CUSTODY REVIEW BOARD › Section 05.01.03.203 - CONFLICT OF INTEREST

Current through August 31, 2023
A member of the Board who has personal knowledge of a case, shall notify all other Board members prior to the hearing where that case is to be considered. The remaining members will determine whether that member should be disqualified from participating in the review of that case and determination. (4-6-23)
Idaho Administrative Code › Title IDAPA 05 - Juvenile Corrections, Department of › Rule 05.01.03 - RULES OF THE CUSTODY REVIEW BOARD › Section 05.01.03.300 - BOARD DETERMINATIONS

Current through August 31, 2023
01.
Board's Determination
. The Board's written determination will be given to the Director no later than thirty (30) calendar days after the date the Board receives the last documents or interviews the last witness pertaining to the case. All determinations will be held by the Department in the case management file. (4-6-23)
02.
Reconsideration
. The Board may reconsider its determination prior to the determination being given to the Director. Only the members who heard the case may discuss or vote on any reconsideration. (4-6-23)
a. Any member of the Board who was present for and heard the case may call for a vote to reconsider the Board's determination by making a request through the Board chair. (4-6-23)
b. The chair will call for a motion to reconsider, and a vote. (4-6-23)
Idaho Administrative Code › Title IDAPA 05 - Juvenile Corrections, Department of › Rule 05.01.03 - RULES OF THE CUSTODY REVIEW BOARD › Section 05.01.03.400 - VICTIMS

Current through August 31, 2023
The Department and the Board will respect the rights of victims of crime, pursuant to the Idaho Constitution and statute. When a case is referred, the Department will provide the Board with a list of crime victims who were officially identified by the adjudicating court or prosecuting attorney. (4-6-23)
01.
Notice to Victims
. The Board will notify identified victims of a juvenile's crime that a custody review hearing is scheduled and of their right to submit written statements or information and testimony. After the hearing, the Department shall notify victims of the Board's determination. (4-6-23)
a. Notices including the Board's final determination and any anticipated release documents will be sent to the victim of record at the last known address or through a victim witness coordinator. The victim is responsible for providing any change of address. (4-6-23)
b. Victims may request that they not be notified or contacted. (4-6-23)
Idaho Administrative Code › Title IDAPA 05 - Juvenile Corrections, Department of › Rule 05.01.04 - UNIFORM STANDARDS FOR JUVENILE PROBATION SERVICES › Section 05.01.04.001 - SCOPE

Current through August 31, 2023
These rules are established to ensure that all county juvenile probation services operate under consistent standards based on the principles of accountability, community protection, and competency development. (3-31-22)
Idaho Administrative Code › Title IDAPA 05 - Juvenile Corrections, Department of › Rule 05.01.04 - UNIFORM STANDARDS FOR JUVENILE PROBATION SERVICES › Section 05.01.04.010 - DEFINITIONS

Current through August 31, 2023
In addition to the definitions in Section  20-502, Idaho Code, the following definitions apply: (3-31-22)
01.
Balanced Approach
. An approach to juvenile justice that gives balanced attention to holding offenders accountable, developing competencies, and protecting the community. (3-31-22)
02.
Case Management Plan
. A plan developed in collaboration with those directly involved in a juvenile's case to address criminogenic risk factors and identified needs. (3-31-22)
03.
Evidence-Based Practices
. Practices that are demonstrated to be effective through empirical research. (3-31-22)
04.
Graduated Sanctions
. An evidence-based model for juvenile offenders that combines accountability and sanctions with increasingly intensive treatment and rehabilitation services. (3-31-22)
05.
Juvenile Probation Department
. Any public or private agency, made up of one (1) or more staff, administered by or contracted with the court or county to provide juvenile probation services to a county at the expense and concurrence of the county commissioners. Services may include intake, diversion, supervision, restitution, and community service work. (3-31-22)
06.
Juvenile Probation Officer
. An employee of a juvenile probation department who is responsible for supervision of juvenile offenders' compliance with court orders. (3-31-22)
07.
Probation
. A legal status created by a court order that permits a juvenile offender to remain in the community with conditions and restrictions imposed by the court. (3-31-22)
08.
Recidivism
. A measure that counts the number of juvenile offenders who are adjudicated of a new misdemeanor or felony offense within a specified time period. (3-31-22)
09.
Validated Risk/Needs Assessment
. A validated instrument that measures a juvenile's criminal risk factors and specific needs that, if addressed, should reduce the juvenile's likelihood to reoffend. (3-31-22)
Idaho Administrative Code › Title IDAPA 05 - Juvenile Corrections, Department of › Rule 05.01.04 - UNIFORM STANDARDS FOR JUVENILE PROBATION SERVICES › Section 05.01.04.100 - REVIEW PROVISIONS

Current through August 31, 2023
The Idaho Department of Juvenile Corrections will collaborate with the courts and the counties to visit and review all juvenile probation departments to assess compliance with these rules. A written report of each review will be prepared by the Department and provided to the appropriate juvenile probation administrator with copies to the county commissioners and the administrative judge. (3-31-22)
Idaho Administrative Code › Title IDAPA 05 - Juvenile Corrections, Department of › Rule 05.01.04 - UNIFORM STANDARDS FOR JUVENILE PROBATION SERVICES › Section 05.01.04.200 - ADMINISTRATION

Current through August 31, 2023
01.
Department Mission Statement
. Juvenile probation departments should have a department mission statement that incorporates the principles of the balanced approach and guides the operations of the department. (3-31-22)
02.
Policies and Procedures
. Juvenile probation departments shall have policies and procedures for the operation of the department that are consistent with existing laws, local rules, and evidence-based practices. All written policies, procedures, rules and regulations should be dated, reviewed at least annually, and made available to department employees. Policies will include administrative procedures for the following: (3-31-22)
a. Roles of employees and organizational authority within the department; (3-31-22)
b. Communication and dissemination of pertinent information to staff; (3-31-22)
c. Records management in accordance with Idaho Court Administrative Rule  32; and (3-31-22)
d. Internal case review to ensure the quality of supervision and compliance with standards. (3-31-22)
Idaho Administrative Code › Title IDAPA 05 - Juvenile Corrections, Department of › Rule 05.01.04 - UNIFORM STANDARDS FOR JUVENILE PROBATION SERVICES › Section 05.01.04.300 - STAFF QUALIFICATIONS AND STAFF DEVELOPMENT

Current through August 31, 2023
All juvenile probation departments will have written policy and procedures governing staffing, to include: (3-31-22)
01.
Minimum Qualifications
: (3-31-22)
a. Juvenile probation officers should meet and maintain the minimum standards of employment as provided in IDAPA 11.11.01, "Rules of the Idaho Peace Officer Standards and Training Council." (3-31-22)
b. Juvenile probation officers should adhere to the Idaho Juvenile Probation Officer Code of Ethics and the Code of Ethics/Standards of Conduct as provided in IDAPA 11.11.01. (3-31-22)
Idaho Administrative Code › Title IDAPA 05 - Juvenile Corrections, Department of › Rule 05.02.01 - RULES FOR RESIDENTIAL TREATMENT PROVIDERS › Section 05.02.01.001 - SCOPE

Current through August 31, 2023
These rules are established to ensure that the juvenile corrections system in Idaho will be consistently based on the principles of accountability, community protection, and competency development. These rules apply to residential treatment providers (Provider) that coordinate needed treatment services identified in individual service implementation plans. (3-31-22)
Idaho Administrative Code › Title IDAPA 05 - Juvenile Corrections, Department of › Rule 05.02.01 - RULES FOR RESIDENTIAL TREATMENT PROVIDERS › Subchapter A - RULES FOR ALL RESIDENTIAL TREATMENT PROVIDERS › Section 05.02.01.100 - INITIATION OF SERVICES

Current through August 31, 2023
Juveniles are committed to the Department under the provisions of the Juvenile Corrections Act (Sections  20-501  through  20-547, Idaho Code). (3-31-22)
Idaho Administrative Code › Title IDAPA 05 - Juvenile Corrections, Department of › Rule 05.02.01 - RULES FOR RESIDENTIAL TREATMENT PROVIDERS › Subchapter A - RULES FOR ALL RESIDENTIAL TREATMENT PROVIDERS › Section 05.02.01.101 - WAIVER AND VARIANCE

Current through August 31, 2023
Minimum program standards established herein apply to all services provided by the Provider. A waiver and variance from the standards stated in these rules needs prior written approval from the Department and must be attached as a formal amendment to the contract. (3-31-22)
Idaho Administrative Code › Title IDAPA 05 - Juvenile Corrections, Department of › Rule 05.02.01 - RULES FOR RESIDENTIAL TREATMENT PROVIDERS › Subchapter A - RULES FOR ALL RESIDENTIAL TREATMENT PROVIDERS › Section 05.02.01.102 - APPLICABILITY

Current through August 31, 2023
This chapter applies to all Providers that coordinate needed treatment services identified in individual service implementation plans. Providers must also abide by Subchapter B, "Rules for Staff Secure Providers" and Subchapter C, "Rules for Reintegration Providers," as applicable. (3-31-22)
Idaho Administrative Code › Title IDAPA 05 - Juvenile Corrections, Department of › Rule 05.02.01 - RULES FOR RESIDENTIAL TREATMENT PROVIDERS › Subchapter A - RULES FOR ALL RESIDENTIAL TREATMENT PROVIDERS › Section 05.02.01.110 - AUTHORITY TO INSPECT

Current through August 31, 2023
01.
Inspections
. The Department has the authority to conduct reviews of programs, program operations, and facilities to ensure the Provider's compliance with these rules. The Provider shall cooperate with the Department's review and provide access to the program or facility and all juvenile records for juveniles in Department custody, as deemed necessary by the Department. However, in order to more fully assess the operation of the program, aggregate data and information for all juveniles must be made available, upon request. (3-31-22)
02.
Notification of Program Changes
. Providers must notify the Department as soon as possible, but no later than thirty (30) calendar days, before there is a change in the name of the organization, type of service, characteristics of juveniles being served, changes in the licensed capacity of the program, closure of the program, changes in ownership or in the organizational structure. (3-31-22)
03.
Emergency Closure of Program
. In the event of a natural disaster, fire, flood, or other emergency in which the Provider may be closed temporarily, the Provider will immediately notify the regional juvenile correctional center in its respective region. (3-31-22)
04.
Notification of Death of a Juvenile Offender
. In the event of the death of a juvenile who is in the Department's custody, the Provider must immediately notify the regional facility, juvenile offender's parent or guardian, and law enforcement. Other notifications will be coordinated between the Provider and the Department. (3-31-22)
05.
Additional Incident Reporting
. The Provider must report to the Department all incidents of the type normally requiring immediate notice to the Department, as identified in Subsection  156.01, that occur in their program or facility regardless of whether or not the juveniles involved are in the Department's custody. Any such reports regarding juveniles not in Department custody must include the type and scope of the incident without any information identifying the juvenile, and be made available to the Department's Quality Improvement Services Bureau. (3-31-22)
a. The Provider must report to the Department all incidents of staff misconduct relating to juvenile care and that result in any type of suspension or termination of employment, revocation or suspension of a professional license, or revocation or suspension of driver's license of any staff who transports juveniles. (3-31-22)
b. All instances of battery committed on staff must be documented and, whenever appropriate, charges filed with the appropriate authorities. Each such incident must be reported to the juvenile offender's juvenile services coordinator as an incident report according to Subsection  156.01  of these rules. (3-31-22)
Idaho Administrative Code › Title IDAPA 05 - Juvenile Corrections, Department of › Rule 05.02.01 - RULES FOR RESIDENTIAL TREATMENT PROVIDERS › Subchapter A - RULES FOR ALL RESIDENTIAL TREATMENT PROVIDERS › Section 05.02.01.111 - COMPREHENSIVE AND CURRENT PROGRAM DESCRIPTION

Current through August 31, 2023
01.
Program Description
. Providers must provide, and keep current with the Department, a program description detailing the range of services to be provided and the methods for providing these services. (3-31-22)
02.
Minimum Requirements
. At a minimum, the program description must include: (3-31-22)
a. Target population and specific admission criteria; (3-31-22)
b. Primary and secondary treatment modalities; (3-31-22)
c. Outline of daily schedules for juvenile offenders and staff; (3-31-22)
d. Description of educational services provided; (3-31-22)
e. Description of emergency and routine medical and mental health services, including psychotropic medication monitoring, unless this population is specifically excluded from admission to the program; (3-31-22)
f. Description of religious services, recreation services, and other specialized services provided, as indicated by the needs of the identified target population; (3-31-22)
g. Written criteria for successful completion of the program and written criteria for termination from the program prior to completion; (3-31-22)
h. A thorough description of all services offered as a part of the program, including a description of the frequency of service delivery; (3-31-22)
i. A detailed description of each individual treatment intervention, such as treatment group, psycho-educational group, cognitive restructuring group, and peer group including: (3-31-22)
i. The overall goals of the treatment intervention or service area; (3-31-22)
ii. The average length, total length, and number of sessions in the treatment intervention or service area; (3-31-22)
iii. The facilitator education and training requirements; and (3-31-22)
iv. The specific curriculum used in the treatment intervention or service area. (3-31-22)
j. A detailed description of the behavior management component of the program. (3-31-22)
Idaho Administrative Code › Title IDAPA 05 - Juvenile Corrections, Department of › Rule 05.02.01 - RULES FOR RESIDENTIAL TREATMENT PROVIDERS › Subchapter A - RULES FOR ALL RESIDENTIAL TREATMENT PROVIDERS › Section 05.02.01.112 - DISPOSITION OF REFERRALS FROM THE DEPARTMENT

Current through August 31, 2023
A juvenile offender's admission into the program shall be based on an assessment of the juvenile offender's strengths, risks, needs, and on the anticipated ability of the program to reasonably address those issues. Providers must ensure that the juvenile offender and parent or guardian are provided an opportunity to participate in the admission process and related decisions. (3-31-22)
01.
Accepting Referral
. Upon receipt of a complete referral packet from the Department, the Provider has four (4) business days in which to decide whether to accept or decline the referral. Upon acceptance, the Referral Acceptance/Denial Form must be completed, signed, and returned to the regional referral coordinator. By accepting the referral, the Provider agrees to address the identified treatment goals and the anticipated length of stay. Once the acceptance has occurred, the juvenile offender's transportation will be made. (3-31-22)
02.
Declining Referral
. If a Provider denies a referral, the specific reason for denial must be documented on the Department's Referral Acceptance/Denial Form and the form returned to the regional referral coordinator. The Provider must then destroy the referral packet. (3-31-22)
03.
Change in Admission Criteria
. Any change in the Provider's admission criteria must be reflected in the Provider's admission policy and requires a written amendment to the contract with the Department. Temporary exceptions are covered under Section  101  of these rules. (3-31-22)
04.
Reservation of Program Slots
. When a program slot is to be reserved, the Department will contact the Provider and request that the slot be reserved. Unless the Department gives specific approval, the maximum time for which a program slot may be reserved, and the Provider continue to receive payment, is forty-eight (48) consecutive hours. (3-31-22)
Idaho Administrative Code › Title IDAPA 05 - Juvenile Corrections, Department of › Rule 05.02.01 - RULES FOR RESIDENTIAL TREATMENT PROVIDERS › Subchapter A - RULES FOR ALL RESIDENTIAL TREATMENT PROVIDERS › Section 05.02.01.113 - SAFETY AND MAINTENANCE OF BUILDINGS AND GROUNDS

Current through August 31, 2023
01.
Compliance with State and Local Codes and Ordinances
. The Provider must maintain compliance with all state and local building, life safety, and zoning requirements and make documentation of compliance available to the Department. (3-31-22)
02.
Accessibility
. The program buildings, parking lots, and other structures must provide access as required by the Americans with Disabilities Act, as amended, and other applicable federal and state laws and regulations. (3-31-22)
03.
Maintenance
. The Provider must ensure that all structures are maintained, are in good repair, and are free from hazards to health and safety. The grounds must also be maintained and be free from any hazard to health and safety. The Provider must have a written plan for preventive and ongoing maintenance of its building and grounds. (3-31-22)
04.
Construction Considerations
. When designing or acquiring any new program or facility and in planning any substantial expansion or modification of existing facilities, the Provider shall consider the effect of the design, acquisition, expansion, or modification upon the Provider's ability to protect residents from any harm, including sexual abuse. (3-31-22)
05.
Program Safety
. Each Provider must have a designated staff member who is responsible for the safety of the program. This individual must conduct monthly inspections of the program, with copies of the inspections kept on file for review by the Department, to identify: (3-31-22)
a. Fire safety; (3-31-22)
b. Existing hazards; (3-31-22)
c. Potential hazards; and (3-31-22)
d. The corrective action that should be taken to address these hazards. (3-31-22)
Idaho Administrative Code › Title IDAPA 05 - Juvenile Corrections, Department of › Rule 05.02.01 - RULES FOR RESIDENTIAL TREATMENT PROVIDERS › Subchapter A - RULES FOR ALL RESIDENTIAL TREATMENT PROVIDERS › Section 05.02.01.114 - VEHICLES

Current through August 31, 2023
01.
Condition
. Vehicles used to transport juveniles must be mechanically sound, in good repair, and meet the Department's requirements for insurance coverage. (3-31-22)
02.
Compliance with Applicable Laws
. All vehicles must possess current state licenses and comply with all applicable state laws. When in use, all vehicles must carry a standard first aid kit and a fire extinguisher. (3-31-22)
03.
Maintenance and Equipment Checklist
. The Provider must have a vehicle maintenance and equipment checklist, which includes a listing of all critical operating systems and equipment inspections, the date of the last inspection, and the type of service or action taken. All repairs required to critical operating systems, such as brakes and headlights, must be made immediately. All worn or missing critical equipment such as tires, jacks, and seat belts must be replaced immediately. (3-31-22)
Idaho Administrative Code › Title IDAPA 05 - Juvenile Corrections, Department of › Rule 05.02.01 - RULES FOR RESIDENTIAL TREATMENT PROVIDERS › Subchapter A - RULES FOR ALL RESIDENTIAL TREATMENT PROVIDERS › Section 05.02.01.115 - TRANSPORTATION

Current through August 31, 2023
01.
Transportation for Service Plan
. The Provider will provide all transportation associated with the juvenile offender's service implementation plan. The family may be relied upon to provide transportation for passes and some other community contacts as long as this does not present any undue risk or burden to the juvenile offender, family, or community. (3-31-22)
02.
Transportation for Court Proceedings
. The Provider and the juvenile services coordinator will make timely arrangements for transportation related to court appearances, and for transfer or release of juvenile offenders from Department custody. (3-31-22)
Idaho Administrative Code › Title IDAPA 05 - Juvenile Corrections, Department of › Rule 05.02.01 - RULES FOR RESIDENTIAL TREATMENT PROVIDERS › Subchapter A - RULES FOR ALL RESIDENTIAL TREATMENT PROVIDERS › Section 05.02.01.116 - DRIVERS

Current through August 31, 2023
01.
Juvenile Transport
. All drivers of vehicles transporting a juvenile offender must possess a valid driver's license from the applicable state and the proper licenses required by state law for the type of motor vehicle operated. All such operators' driving records must be checked through the Department of Motor Vehicles for the preceding three (3) years and annually after date of hire. During that time, the operator must not have had any felony traffic convictions or withheld judgments. Any incidents of suspended licenses during that time must be specifically reviewed by the Provider. Personnel files must contain evidence of training to transport a juvenile offender as well as other appropriate documentation. (3-31-22)
02.
Parent or Guardian Transport
. When parents or guardians are allowed to transport a juvenile offender for any reason, the Provider will ensure that the individual possesses a current and valid driver's license and insurance coverage. (3-31-22)