Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.9 - YOUTH SERVICES › Subchapter 20.9.6 - Licensure of Youth Detention Facilities › Rule 20.9.602 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
The following definitions apply to all youth detention
				  facility licensing rules:
(1)
				"Administrative segregation" means a method of housing and managing youth whose
				continued presence in the general population poses a serious threat to life,
				property, self, staff, or other youth.
(2) "Collocated facility" means a youth
				facility located in the same building as an adult jail or lockup, or is part of
				a related complex of buildings located on the same grounds as an adult jail or
				lockup. A complex of buildings is considered related when it shares physical
				features such as walls, fences, or services beyond mechanical services
				(heating, air conditioning, water and sewer), or is part of a related complex
				of buildings located on the same grounds as an adult jail or lockup.
(3) "Contraband" means any item possessed by
				a confined youth or found within the facility that is illegal by law or
				expressly prohibited by those legally charged with the administration and
				operation of the facility or program.
(4) "Delinquent youth" means a youth as
				defined by
				41-5-103, MCA.
(5) "Department" means the Department of
				Corrections as provided for in
				2-15-2301, MCA.
(6) "Detention" means placement by law of a
				youth in a detention facility.
(7)
				"Detention facility" means a facility as defined by
				41-5-103, MCA.
(8) "Disciplinary detention" means a sanction
				which may be used when a youth commits a serious rule violation as defined by
				facility policy.
(9) "Facility"
				means youth detention facility or short-term detention facility.
(10) "Inflammatory agent" means a substance
				like oleoresin capsicum (OC), commonly called pepper spray, which is derived
				from the cayenne pepper plant and classified as an inflammatory agent that
				affects the mucous membranes and the upper respiratory system.
(11) "Intervention and restraint" means the
				least amount of direct physical contact required by a staff member using
				approved methods of making such physical contact to restrain a youth from
				harming self or others.
(12)
				"Licensing specialist" means the person designated by the department to perform
				licensing inspections, and to ensure that detention facilities comply with
				these rules.
(13) "Mechanical
				restraint" means handcuffs, belly chains, shackles, or leg irons.
(14) "Parent" means the natural or adoptive
				parent but does not include a person whose parental rights have been judicially
				terminated, nor does it include a putative father.
(15) "PREA" means Prison Rape Elimination
				Act.
(16) "Privileged
				correspondence" is correspondence between a youth and the youth's attorney,
				courts, government officials, facility director, or probation/parole
				officers.
(17) "Secure observation"
				means placement of a youth in an assigned room for observation for the initial
				24 hours of detention.
(18)
				"Serious incident" means:
(a) a suicide
				attempt;
(b) an allegation of abuse
				or neglect;
(c) use of excessive
				force by staff;
(d) sexual
				abuse/assault by another youth or staff;
(e) injury to a youth, staff, or visitor
				which requires hospitalization; or
(f) the death of a youth, staff, or
				visitor.