reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 8 - JUVENILE DETENTION FACILITIES › Rule 5 - Security › Section 5-5 - Written job description

Current through July 10, 2024
Authority: IC 11-8-2-5; IC 31-31-8-2
Affected: IC 31-31-8
Sec. 5.
(a) Written
				policy, procedure, and practice provide that there are written job descriptions
				for each position in the facility.
(b) There are written operational shift
				assignments or post orders that state the duties and responsibilities for each
				shift assignment and post in the facility.
(c) The shift assignments and posts are
				reviewed at least annually and updated, when necessary.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 8 - JUVENILE DETENTION FACILITIES › Rule 5 - Security › Section 5-6 - Juvenile control

Current through July 10, 2024
Authority: IC 11-8-2-5; IC 31-31-8-2
Affected: IC 31-31-8
Sec. 6.
(a) Written
				policy, procedure, and practice provide that no juvenile or group of juveniles
				is given control or authority over other juveniles.
(b) This is a mandatory standard.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 8 - JUVENILE DETENTION FACILITIES › Rule 5 - Security › Section 5-7 - Detention staff log

Current through July 10, 2024
Authority: IC 11-8-2-5; IC 31-31-8-2
Affected: IC 31-31-8
Sec. 7.
Written policy, procedure, and practice provide that routine
				  information, emergency situations, and unusual incidents are recorded:
(1) in a permanent log; and
(2) on shift reports; for each housing unit
				on each shift.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 8 - JUVENILE DETENTION FACILITIES › Rule 5 - Security › Section 5-8 - Security inspections

Current through July 10, 2024
Authority: IC 11-8-2-5; IC 31-31-8-2
Affected: IC 31-31-8
Sec. 8.
(a) Written
				policy, procedure, and practice provide that the facility administrator, or
				their designee, and supervisory level staff visit areas of the facility to
				encourage informal contact with staff and juveniles, provide guidance to staff,
				and informally observe the living and working conditions.
(b) Supervisory level staff conduct a daily
				inspection of all areas of the facility, including areas occupied by juveniles
				and unoccupied areas, and submit a daily written report to their
				supervisor.
(c) At least weekly,
				the facility's living areas are visited by:
(1) the facility administrator, or their
				designee; and
(2) a second
				intermediate level or higher level supervisory staff.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 8 - JUVENILE DETENTION FACILITIES › Rule 5 - Security › Section 5-9 - Daily count

Current through July 10, 2024
Authority: IC 11-8-2-5; IC 31-31-8-2
Affected: IC 31-31-8
Sec. 9.
(a) Written
				policy, procedure, and practice provide that the facility has an accountability
				system for physically counting juveniles and maintains a daily population
				report on every juvenile in the facility. The daily population report includes
				the following information:
(1) Number of
				juveniles in the facility on a given day.
(2) Names of juveniles.
(3) Identifying numbers.
(4) Housing assignments.
(5) Date and type of admission.
(6) Number of releases.
(7) Number of accumulated days of stay per
				juvenile.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 8 - JUVENILE DETENTION FACILITIES › Rule 5 - Security › Section 5-10 - Juvenile movement

Current through July 10, 2024
Authority: IC 11-8-2-5; IC 31-31-8-2
Affected: IC 31-31-8
Sec. 10.
Written policy, procedure, and practice provide that
				  staff:
(1) control and supervise all
				individual and group juvenile movements to and from:
(A) living units;
(B) programs;
(C) work assignments; and
(D) court; and
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 8 - JUVENILE DETENTION FACILITIES › Rule 5 - Security › Section 5-11 - Transportation procedures

Current through July 10, 2024
Authority: IC 11-8-2-5; IC 31-31-8-2
Affected: IC 31-31-8
Sec. 11.
(a) Written
				policy, procedure, and practice provide that there are guidelines to govern the
				transportation of juveniles:
(1) outside the
				facility;
(2) from one (1)
				jurisdiction to another; and
(3) to
				court.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 8 - JUVENILE DETENTION FACILITIES › Rule 5 - Security › Section 5-12 - Control and distribution of security equipment

Current through July 10, 2024
Authority: IC 11-8-2-5; IC 31-31-8-2
Affected: IC 31-31-8
Sec. 12.
(a) Written
				policy, procedure, and practice provide a system to govern the control and
				distribution of all security equipment, including the following:
(1) Mechanical restraint equipment.
(2) Chemical restraint equipment and
				supplies.
(3) Radios.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 8 - JUVENILE DETENTION FACILITIES › Rule 5 - Security › Section 5-13 - Electronic restraints

Current through July 10, 2024
Authority: IC 11-8-2-5; IC 31-31-8-2
Affected: IC 31-31-8
Sec. 13.
Policy, procedure, and practice prohibit the use of all
				  types of electronic restraints, such as tasers or electric shocking devices,
				  within the juvenile detention facility.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 8 - JUVENILE DETENTION FACILITIES › Rule 5 - Security › Section 5-14 - Mechanical restraints

Current through July 10, 2024
Authority: IC 11-8-2-5; IC 31-31-8-2
Affected: IC 31-31-8
Sec. 14.
(a) Written
				policy, procedure, and practice prohibit the use of mechanical restraints for
				punishment, discipline, or treatment.
(b) Mechanical restraints may be used when
				the juvenile is a danger to himself, herself, or others, or during deescalation
				when other techniques were attempted and not successful.
(c) Mechanical restraints may be applied only
				with the approval of the facility administrator, or their designee, and
				continued use must be reviewed by such staff every fifteen (15)
				minutes.
(d) Staff must remove the
				mechanical restraints:
(1) at the earliest
				possible time;
(2) when the
				juvenile is no longer a danger to himself, herself, or others; and
(3) not longer than two (2) hours after
				application of the restraints.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 8 - JUVENILE DETENTION FACILITIES › Rule 5 - Security › Section 5-15 - Chemical agents and equipment

Current through July 10, 2024
Authority: IC 11-8-2-5; IC 31-31-8-2
Affected: IC 31-31-8
Sec. 15.
(a) Written
				policy, procedure, and practice provide that the use of chemical agents,
				including pepper spray, tear gas, and mace, is prohibited, except:
(1) in emergency situations; and
(2) by law enforcement or specifically
				trained staff.
Authorization from the facility administrator, or their
				  designee, shall be obtained prior to the use of chemical agents by
				  staff.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 8 - JUVENILE DETENTION FACILITIES › Rule 5 - Security › Section 5-16 - Four-point or five-point restraints

Current through July 10, 2024
Authority: IC 11-8-2-5; IC 31-31-8-2
Affected: IC 31-31-8
Sec. 16.
(a) Written
				policy, procedure, and practice provide that before any type of four-point or
				five-point restraint is used with a juvenile, with arms, head, and legs secured
				to a fixed object, advance approval must be obtained from the facility
				administrator, or their designee.
(b) Four-point or five-point restraints must
				be used only as a behavioral health intervention of last resort, and only when:
(1) the intervention is necessary to ensure
				the physical safety of the juvenile;
(2) other less restrictive interventions have
				been tried and found to be ineffective; or
(3) a juvenile's resistance to less
				restrictive intervention is reasonably anticipated.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 8 - JUVENILE DETENTION FACILITIES › Rule 5 - Security › Section 5-17 - Physical restraint

Current through July 10, 2024
Authority: IC 11-8-2-5; IC 31-31-8-2
Affected: IC 31-31-8
Sec. 17.
(a) Written
				policy, procedure, and practice provide that the use of physical force or
				physical restraint is not used as a means of punishment or reprisal toward a
				juvenile and includes the following:
(1) Staff
				uses the minimal degree of force necessary to maintain the custody, control,
				safety, and security of the facility, juvenile, or situation.
(2) The use of physical force is restricted
				to instances of:
(A) self-protection from
				imminent threat of harm;
(B)
				protection of others from imminent threat of harm;
(C) prevention of self-inflicted
				injury;
(D) protection of property;
				and
(E) prevention of escapes; and
				then only the amount of force necessary to regain or maintain control is used
				and only as a last resort.
(3) Facility staff shall receive regular
				training in the areas of:
(A) conflict
				resolution;
(B) deescalation;
				and
(C) crisis intervention; to
				ensure staff has the necessary skills to reduce the need for the use of
				physical force.
(4)
				Facility staff receive regular training on the approved use of physical force
				techniques to ensure appropriate application.
(5) For all use of physical force incidents,
				on-duty staff shall ensure that health care staff are contacted as soon as
				possible so that the juvenile's physical and emotional condition can be
				assessed and any injuries treated. If health care staff are not on-duty at the
				time of the use of physical force, health trained, on-duty staff shall:
(A) contact the on-call health care staff as
				soon as possible following the use of force; and
(B) provide the health care staff with
				detailed information regarding any injuries or complaints by the
				juvenile.
(6) Health
				care staff shall assess the juvenile's injuries or complaints, or both, and
				determine whether the juvenile needs to been seen immediately or can be seen
				during the next scheduled sick call. In the event that a juvenile is injured
				and contact cannot be made with health care staff, on-duty staff will follow
				established procedures to obtain necessary medical evaluation and
				treatment.
(7) A written report is
				prepared following all uses of physical force by each staff involved in the
				incident, prior to the end of the shift, and submitted to the facility
				administrator for review.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 8 - JUVENILE DETENTION FACILITIES › Rule 5 - Security › Section 5-18 - Incident reports

Current through July 10, 2024
Authority: IC 11-8-2-5; IC 31-31-8-2
Affected: IC 31-31-8
Sec. 18.
(a) All
				significant incidents, including, but not limited to, the nonroutine use of
				restraint equipment and the use of physical force, are reported in writing
				prior to the end of the shift and signed with a dated signature by the staff
				person reporting the incident.
(b)
				A copy of the report is placed in the juvenile's case record and is reviewed by
				the facility administrator, or their designee, and the parent agency on the
				next business day.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 8 - JUVENILE DETENTION FACILITIES › Rule 5 - Security › Section 5-19 - Search policy

Current through July 10, 2024
Authority: IC 11-8-2-5; IC 31-31-8-2
Affected: IC 31-31-8
Sec. 19.
(a) Written
				policy, procedure, and practice provide for searches of:
(1) juveniles;
(2) the facility; and
(3) visitors; in accordance with applicable
				law to control contraband and provide for its disposition.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 8 - JUVENILE DETENTION FACILITIES › Rule 5 - Security › Section 5-20 - Strip search and visual inspection

Current through July 10, 2024
Authority: IC 11-8-2-5; IC 31-31-8-2
Affected: IC 31-31-8
Sec. 20.
(a) Written
				policy, procedure, and practice provide that strip searches and visual
				inspection of juvenile private body cavities be conducted on a reasonable
				belief that the juvenile is carrying contraband or other prohibited
				material.
(b) Strip searches must
				be conducted by trained personnel of the same gender as the person being
				searched.
(c) Staff shall conduct
				strip searches and visual body cavity searches with youth individually and in a
				private setting.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 8 - JUVENILE DETENTION FACILITIES › Rule 5 - Security › Section 5-21 - Body cavity search

Current through July 10, 2024
Authority: IC 11-8-2-5; IC 31-31-8-2
Affected: IC 31-31-8
Sec. 21.
(a) Written
				policy, procedure, and practice provide that manual or instrument inspection of
				body cavities be conducted only when there is:
(1) a risk to the security of the facility;
				and
(2) a reasonable belief that
				the juvenile is carrying contraband or other prohibited
				material.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 8 - JUVENILE DETENTION FACILITIES › Rule 5 - Security › Section 5-22 - Chain of custody

Current through July 10, 2024
Authority: IC 11-8-2-5; IC 31-31-8-2
Affected: IC 31-31-8
Sec. 22.
Written policy, procedure, and practice provide that
				  physical evidence obtained in connection with a violation of law is preserved
				  and controlled until law enforcement is available to take control of the item
				  or items. Minor rule violations are exempt. The written policies, procedures,
				  and practices address the following:
(1) Chain of custody.
(2) Evidence handling.
(3) Location and storage
				requirements.
(4) Disposal of
				evidence not transferred to law enforcement.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 8 - JUVENILE DETENTION FACILITIES › Rule 5 - Security › Section 5-23 - Accountability system for keys

Current through July 10, 2024
Authority: IC 11-8-2-5; IC 31-31-8-2
Affected: IC 31-31-8
Sec. 23.
(a) Written
				policy, procedure, and practice provide a system to govern the control and use
				of keys.
(b) There is an
				accountability system that provides for the following:
(1) Keys are issued from a central
				location.
(2) Keys are stored so
				that their presence or absence can be easily determined.
(3) Key control responsibilities may be
				assigned to different staff, but one (1) staff is responsible for maintaining
				keys and key logs.
(4) A permanent
				key log is maintained to record the following:
(A) The key identifier.
(B) The lock associated with the key
				identifier.
(C) The number of keys
				issued with the identifier.
(5) A key log is maintained with the names of
				the staff possessing the key.
(6)
				Emergency keys are checked at least quarterly to make sure that they function
				properly.
(7) Fire and emergency
				keys shall be labeled for easy identification of what door or doors each key
				opens.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 8 - JUVENILE DETENTION FACILITIES › Rule 5 - Security › Section 5-24 - Control and use of tools

Current through July 10, 2024
Authority: IC 11-8-2-5; IC 31-31-8-2
Affected: IC 31-31-8
Sec. 24.
(a) Written
				policy, procedure, and practice provide a system to govern the control and use
				of the following:
(1) Tools.
(2) Culinary equipment.
(3) Medical equipment.
Provisions are made for checking tools and equipment in and
				  out based on their level of risk. Provisions are also in place to control their
				  use at all times.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 8 - JUVENILE DETENTION FACILITIES › Rule 5 - Security › Section 5-25 - Facility vehicles

Current through July 10, 2024
Authority: IC 11-8-2-5; IC 31-31-8-2
Affected: IC 31-31-8
Sec. 25.
(a) Written
				policy, procedure, and practice provide a system that governs the use and
				security of facility vehicles. The distribution of keys and the responsibility
				for certain vehicles may be assigned to different staff, but one (1) staff is
				responsible for the vehicle motor pool.
(b) Facility vehicles are issued only to
				licensed drivers and are subject to the following requirements:
(1) Safety inspections are conducted at least
				annually by qualified individuals.
(2) Routine maintenance is conducted
				according to an established schedule.
(3) Mechanical and safety defects are
				promptly reported and repaired.
(4)
				Facility staff understands the circumstances under which they may use personal
				vehicles for official use and the associated liability
				requirements.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 8 - JUVENILE DETENTION FACILITIES › Rule 5 - Security › Section 5-26 - Service personnel

Current through July 10, 2024
Authority: IC 11-8-2-5; IC 31-31-8-2
Affected: IC 31-31-8
Sec. 26.
Written policy, procedure, and practice provide that service
				  personnel, other than facility staff, perform work in the facility only under
				  direct and continuous supervision of facility staff when working in areas
				  permitting contact with juveniles.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 8 - JUVENILE DETENTION FACILITIES › Rule 5 - Security › Section 5-27 - Firearms

Current through July 10, 2024
Authority: IC 11-8-2-5; IC 31-31-8-2
Affected: IC 31-31-8
Sec. 27.
Written policy, procedure, and practice provide that
				  firearms are not permitted in the facility except:
(1) in emergency situations; and
(2) by law enforcement.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 8 - JUVENILE DETENTION FACILITIES › Rule 5 - Security › Section 5-28 - Critical incident report procedures

Current through July 10, 2024
Authority: IC 11-8-2-5; IC 31-31-8-2
Affected: IC 31-31-8
Sec. 28.
(a) Written
				policy, procedure, and practice provide that the facility administrator defines
				"critical incidents" in writing, and that a documented debriefing is conducted
				after such incidents. The debriefing process occurs as soon as possible after
				the incident. Staff notifies the parents of critical incidents not later than
				the next business day.
(b) The
				debriefing report documents the debriefing process and includes the following:
(1) Obtaining feedback about the incident
				from the staff and the juvenile or juveniles involved in the incident and a
				review of staff and juveniles' actions during the incident.
(2) A review of the incident's impact on
				staff and juveniles.
(3) A review
				of corrective actions taken and still needed.
(4) A review of available video or digital
				recordings, or both, of the incident.
(5) Plans for improvement to avoid similar
				incidents.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 8 - JUVENILE DETENTION FACILITIES › Rule 6 - Justice and Order › Section 6-1 - Male and female sleeping rooms

Current through July 10, 2024
Authority: IC 11-8-2-5; IC 31-31-8-2
Affected: IC 31-31-8-2
Sec. 1.
(a) Juveniles
				who identify as male and juveniles who identify as female do not occupy the
				same sleeping room.
(b) This is a
				mandatory standard.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 8 - JUVENILE DETENTION FACILITIES › Rule 6 - Justice and Order › Section 6-2 - Timeout

Current through July 10, 2024
Authority: IC 11-8-2-5; IC 31-31-8-2
Affected: IC 31-31-8-2
Sec. 2.
(a) Written
				policy, procedure, and practice provide that juveniles are allowed to request a
				voluntary timeout. Timeout may be used as a sanction for a minor rule violation
				or as a "cooling off" period, and is of short duration as to not restrict or
				deny program participation.
(b)
				When a juvenile is in timeout, the following must occur:
(1) If placed in timeout by staff, the
				juvenile has the reason for placement in timeout explained and is given the
				opportunity to explain his or her reasons for the behavior leading to the
				restriction.
(2) Staff contact is
				made and documented at least every fifteen (15) minutes to assess the
				juvenile's well-being and reassess the juvenile for their return to
				programming.
(3) The juvenile
				participates in determining the end of the timeout.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 8 - JUVENILE DETENTION FACILITIES › Rule 6 - Justice and Order › Section 6-3 - Room confinement or isolation

Current through July 10, 2024
Authority: IC 11-8-2-5; IC 31-31-8-2
Affected: IC 31-31-8-2
Sec. 3.
(a) Written
				policy, procedure, and practice provide that juveniles are placed on room
				confinement or in isolation only:
(1) for the
				safety of the juvenile;
(2) for the
				safety of others; or
(3) to ensure
				the security of the facility.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 8 - JUVENILE DETENTION FACILITIES › Rule 6 - Justice and Order › Section 6-4 - Reward system for positive behavior

Current through July 10, 2024
Authority: IC 11-8-2-5; IC 31-31-8-2
Affected: IC 31-31-8-2
Sec. 4.
Written policy, procedure, and practice provide for a system
				  of rewarding the positive behavior of individual juveniles.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 8 - JUVENILE DETENTION FACILITIES › Rule 6 - Justice and Order › Section 6-5 - Facility rules and disciplinary regulations

Current through July 10, 2024
Authority: IC 11-8-2-5; IC 31-31-8-2
Affected: IC 31-31-8-2
Sec. 5.
(a) Written
				policy, procedure, and practice provide that the facility rules and
				disciplinary regulations define the following:
(1) Major rule violations.
(2) Minor rule violations.
(3) Sanctions.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 8 - JUVENILE DETENTION FACILITIES › Rule 6 - Justice and Order › Section 6-6 - Facility handbook

Current through July 10, 2024
Authority: IC 11-8-2-5; IC 31-31-8-2
Affected: IC 31-31-8-2
Sec. 6.
(a) Written
				policy, procedure, and practice provide that within twenty-four (24) hours of
				admission, facility staff provide juveniles access to a facility handbook and
				discuss the following:
(1) Rules governing
				juvenile conduct.
(2) Chargeable
				offenses.
(3) The range of
				penalties.
(4) Disciplinary
				procedures.
(5) Grievance
				process.
(6) Incentives for good
				behavior.
(7) Process to access
				health care services.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 8 - JUVENILE DETENTION FACILITIES › Rule 6 - Justice and Order › Section 6-7 - Training on rules of juvenile conduct

Current through July 10, 2024
Authority: IC 11-8-2-5; IC 31-31-8-2
Affected: IC 31-31-8-2
Sec. 7.
All personnel who work with juveniles receive sufficient
				  training so that they are thoroughly familiar with the following:
(1) Rules of juvenile conduct.
(2) Rationale for the rules of juvenile
				conduct.
(3) Available
				sanctions.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 8 - JUVENILE DETENTION FACILITIES › Rule 6 - Justice and Order › Section 6-8 - Minor juvenile misbehavior

Current through July 10, 2024
Authority: IC 11-8-2-5; IC 31-31-8-2
Affected: IC 31-31-8-2
Sec. 8.
Written policy, procedure, and practice provide that there
				  are written guidelines for staff to follow for informally resolving minor
				  juvenile misbehavior.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 8 - JUVENILE DETENTION FACILITIES › Rule 6 - Justice and Order › Section 6-9 - Violation of criminal law

Current through July 10, 2024
Authority: IC 11-8-2-5; IC 31-31-8-2
Affected: IC 31-31-8-2
Sec. 9.
Written policy, procedure, and practice provide that
				  juveniles who allegedly commit acts covered by criminal law while at the
				  facility have their cases referred to the appropriate court or law enforcement
				  officials for consideration for prosecution.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 8 - JUVENILE DETENTION FACILITIES › Rule 6 - Justice and Order › Section 6-10 - Withholding food for discipline

Current through July 10, 2024
Authority: IC 11-8-2-5; IC 31-31-8-2
Affected: IC 31-31-8-2
Sec. 10.
Written policy, procedure, and practice provide that food,
				  including snacks, is not withheld, nor is the established menu varied, as a
				  disciplinary sanction.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 8 - JUVENILE DETENTION FACILITIES › Rule 6 - Justice and Order › Section 6-11 - Disciplinary report for major rule violation

Current through July 10, 2024
Authority: IC 11-8-2-5; IC 31-31-8-2
Affected: IC 31-31-8-2
Sec. 11.
(a) Written
				policy, procedure, and practice provide that staff prepare a disciplinary
				report when there is a reasonable belief that a juvenile has committed a major
				rule violation or reportable minor violation.
(b) An appropriate investigation is begun
				within twenty-four (24) hours of the time the violation is reported and is
				completed without unreasonable delay. Exceptional circumstances for delaying
				the investigation are documented.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 8 - JUVENILE DETENTION FACILITIES › Rule 6 - Justice and Order › Section 6-12 - Due process

Current through July 10, 2024
Authority: IC 11-8-2-5; IC 31-31-8-2
Affected: IC 31-31-8-2
Sec. 12.
Written policy, procedure, and practice provide that at the
				  conclusion of an investigation into an alleged major rule violation, or within
				  twenty-four (24) hours of being charged with a major rule violation, a juvenile
				  is:
(1) given a written copy of the
				alleged rule violation;
(2) advised
				of the right to request a due process or disciplinary hearing;
(3) advised of the right to request an
				impartial staff member or members to be present to advise them during the
				hearing process; and
(4) given a
				written copy of the due process rights afforded them by the facility.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 8 - JUVENILE DETENTION FACILITIES › Rule 6 - Justice and Order › Section 6-13 - Major rule violation disciplinary hearing

Current through July 10, 2024
Authority: IC 11-8-2-5; IC 31-31-8-2
Affected: IC 31-31-8-2
Sec. 13.
(a) Written
				policy, procedure, and practice provide that juveniles charged with major rule
				violations are scheduled for a due process or disciplinary hearing as soon as
				practical and not later than seventy-two (72) hours, excluding weekends and
				holidays, after being charged with a violation.
(b) Juveniles are notified of the time and
				place of the hearing at least twenty-four (24) hours in advance of the
				hearing.
(c) A hearing may be held
				within twenty-four (24) hours with the juvenile's written consent.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 8 - JUVENILE DETENTION FACILITIES › Rule 6 - Justice and Order › Section 6-14 - Disciplinary committee

Current through July 10, 2024
Authority: IC 11-8-2-5; IC 31-31-8-2
Affected: IC 31-31-8-2
Sec. 14.
(a) Written
				policy, procedure, and practice provide that an impartial person or panel of
				persons, referred to as the disciplinary committee, conducts disciplinary
				hearings on major rule violations.
(b) A record of the proceedings is made and
				maintained for at least six (6) months.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 8 - JUVENILE DETENTION FACILITIES › Rule 6 - Justice and Order › Section 6-15 - Disciplinary hearing

Current through July 10, 2024
Authority: IC 11-8-2-5; IC 31-31-8-2
Affected: IC 31-31-8-2
Sec. 15.
(a) Written
				policy, procedure, and practice provide that a juvenile charged with major rule
				violation is present at the due process or disciplinary hearing unless they
				waive that right in writing or through their behavior.
(b) Juveniles may be excluded during the
				testimony of any juvenile whose testimony must be given in confidence. The
				reasons for the juvenile's absence or exclusion are documented.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 8 - JUVENILE DETENTION FACILITIES › Rule 6 - Justice and Order › Section 6-16 - Presenting evidence at disciplinary hearing

Current through July 10, 2024
Authority: IC 11-8-2-5; IC 31-31-8-2
Affected: IC 31-31-8-2
Sec. 16.
Written policy, procedure, and practice provide that
				  juveniles have an opportunity at the due process or disciplinary hearing
				  to:
(1) make a statement;
(2) present documentary evidence;
				and
(3) request witnesses on their
				behalf.
The reasons for denying such a request are stated in writing.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 8 - JUVENILE DETENTION FACILITIES › Rule 6 - Justice and Order › Section 6-17 - Request impartial staff member to advise

Current through July 10, 2024
Authority: IC 11-8-2-5; IC 31-31-8-2
Affected: IC 31-31-8-2
Sec. 17.
(a) Written
				policy, procedure, and practice provide an established process that allows
				juveniles to request an impartial staff member or members to:
(1) advise them prior to requesting a due
				process or disciplinary hearing;
(2) represent them at the hearing;
				and
(3) question relevant
				witnesses.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 8 - JUVENILE DETENTION FACILITIES › Rule 6 - Justice and Order › Section 6-18 - Disciplinary committee's decision

Current through July 10, 2024
Authority: IC 11-8-2-5; IC 31-31-8-2
Affected: IC 31-31-8-2
Sec. 18.
(a) Written
				policy, procedure, and practice provide that the disciplinary committee's
				decisions are based solely on information obtained in the hearing process,
				including the following:
(1) Staff
				reports.
(2) Investigation
				findings.
(3) Statements of the
				juvenile charged.
(4) Evidence
				derived from witnesses and documents.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 8 - JUVENILE DETENTION FACILITIES › Rule 6 - Justice and Order › Section 6-19 - Disciplinary proceeding report in juvenile's file

Current through July 10, 2024
Authority: IC 11-8-2-5; IC 31-31-8-2
Affected: IC 31-31-8-2
Sec. 19.
Written policy, procedure, and practice provide that a copy
				  of the disciplinary proceedings and relevant documents are kept in the
				  juvenile's file. If a juvenile is found not guilty of an alleged major rule
				  violation, the disciplinary report is removed from all of the juvenile's files
				  or, in the event records must be kept as part of a facility data collection
				  system, clearly marked "not guilty".
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 8 - JUVENILE DETENTION FACILITIES › Rule 6 - Justice and Order › Section 6-20 - Disciplinary process review

Current through July 10, 2024
Authority: IC 11-8-2-5; IC 31-31-8-2
Affected: IC 31-31-8-2
Sec. 20.
Written policy, procedure, and practice provide for the
				  review of all due process or disciplinary hearings and dispositions by the
				  facility administrator, or their designee, to assure conformity with policy and
				  regulations within fourteen (14) days.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 8 - JUVENILE DETENTION FACILITIES › Rule 6 - Justice and Order › Section 6-21 - Right to appeal

Current through July 10, 2024
Authority: IC 11-8-2-5; IC 31-31-8-2
Affected: IC 31-31-8-2
Sec. 21.
Written policy, procedure, and practice provide that
				  juveniles are provided the right to appeal the disciplinary committee's
				  decisions to the facility administrator, or their designee. Juveniles have up
				  to ten (10) days of receipt of the decision to submit an appeal. The appeal is
				  decided within ten (10) days of its receipt, and the juvenile is promptly
				  notified in writing of the results. The appeal process shall consider the
				  following:
(1) Whether there was
				substantial compliance with facility standards and procedures in handling the
				juvenile's discipline.
(2) Whether
				the disciplinary committee's decision was based on substantial
				evidence.
(3) Whether the sanction
				imposed was proportionate to the circumstances of the rule violation.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 8 - JUVENILE DETENTION FACILITIES › Rule 6 - Justice and Order › Section 6-22 - Confidential contact

Current through July 10, 2024
Authority: IC 11-8-2-5; IC 31-31-8-2
Affected: IC 31-31-8-2
Sec. 22.
(a) Written
				policy, procedure, and practice provide that juveniles have access to
				confidential contact with the following:
(1)
				Attorneys.
(2) Authorized
				representatives.
(3)
				Courts.
(4) Legal
				material.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 8 - JUVENILE DETENTION FACILITIES › Rule 6 - Justice and Order › Section 6-23 - Sexual harassment or discrimination

Current through July 10, 2024
Authority: IC 11-8-2-5; IC 31-31-8-2
Affected: IC 31-31-8-2
Sec. 23.
(a) Written
				policy, procedure, and practice ensure juveniles are not subjected to sexual
				harassment or to discrimination based on the following:
(1) Race.
(2) Religion.
(3) National origin.
(4) Gender.
(5) Sexual orientation.
(6) Disability.
(7) Political views.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 8 - JUVENILE DETENTION FACILITIES › Rule 6 - Justice and Order › Section 6-24 - Equal access to program

Current through July 10, 2024
Authority: IC 11-8-2-5; IC 31-31-8-2
Affected: IC 31-31-8-2
Sec. 24.
(a) There is
				equal access to programs and services for male and female juveniles unless
				identified as gender-specific in its practice.
(b) This is a mandatory standard.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 8 - JUVENILE DETENTION FACILITIES › Rule 6 - Justice and Order › Section 6-25 - Corporal or unusual punishment

Current through July 10, 2024
Authority: IC 11-8-2-5; IC 31-31-8-2
Affected: IC 31-31-8-2
Sec. 25.
(a) Written
				policy, procedure, and practice provide that juveniles are not subjected to the
				following:
(1) Corporal or unusual
				punishment.
(2)
				Humiliation.
(3) Disease.
(4) Property damage.
(5) Mental or physical abuse or
				harassment.
(6) Personal
				injury.
(7) Punitive interference
				with the following daily functions of living:
(A) Eating.
(B) Sleeping.
(C) Education.
(D) Family contact, as long as security is
				not compromised.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 8 - JUVENILE DETENTION FACILITIES › Rule 6 - Justice and Order › Section 6-26 - Media access

Current through July 10, 2024
Authority: IC 11-8-2-5; IC 31-31-8-2
Affected: IC 31-31-8-2
Sec. 26.
Written policy, procedure, and practice provide juveniles
				  reasonable access to the general public through the communications media,
				  subject only to the limitations necessary to maintain order and security and to
				  protect the juveniles' rights. Media requests for interviews and juvenile
				  parental or guardian consents must be in writing.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 8 - JUVENILE DETENTION FACILITIES › Rule 6 - Justice and Order › Section 6-27 - Grievance process

Current through July 10, 2024
Authority: IC 11-8-2-5; IC 31-31-8-2
Affected: IC 31-31-8-2
Sec. 27.
(a) Written
				policy, procedure, and practice provide that a grievance process with at least
				one (1) level of appeal is made available to all juveniles.
(b) The grievance process is conspicuously
				posted in the facility or included in a handbook that is accessible to the
				following:
(1) Juveniles.
(2) Parents or guardians.
(3) Staff.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 8 - JUVENILE DETENTION FACILITIES › Rule 6 - Justice and Order › Section 6-28 - Correspondence for juveniles

Current through July 10, 2024
Authority: IC 11-8-2-5; IC 31-31-8-2
Affected: IC 31-31-8-2
Sec. 28.
(a) Written
				policy, procedure, and practice provide that all regulations governing
				correspondence for juveniles are:
(1)
				specified in writing;
(2) made
				available to all staff and juveniles; and
(3) reviewed annually and updated as
				needed.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 8 - JUVENILE DETENTION FACILITIES › Rule 6 - Justice and Order › Section 6-29 - Provision of postage

Current through July 10, 2024
Authority: IC 11-8-2-5; IC 31-31-8-2
Affected: IC 31-31-8-2
Sec. 29.
Written policy, procedure, and practice provide that
				  juveniles, who are unable to purchase or obtain postage, receive a specified
				  postage allowance to maintain community ties. When the juvenile bears the
				  mailing cost, there is no limit on the volume of letters that can be sent or
				  received.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 8 - JUVENILE DETENTION FACILITIES › Rule 6 - Justice and Order › Section 6-30 - Sealed letters to specified class

Current through July 10, 2024
Authority: IC 11-8-2-5; IC 31-31-8-2
Affected: IC 31-31-8-2
Sec. 30.
Written policy, procedure, and practice provide that in
				  accordance with confidentiality laws and attorney-client privilege, juveniles
				  are allowed to send sealed letters to a specified class of persons and
				  organizations, including the following:
(1) Courts.
(2) Counsel.
(3) Officials of the confining
				authority.
(4) Administrators of
				grievance systems.
(5) Members of
				the releasing authority.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 8 - JUVENILE DETENTION FACILITIES › Rule 6 - Justice and Order › Section 6-31 - Mail inspection

Current through July 10, 2024
Authority: IC 11-8-2-5; IC 31-31-8-2
Affected: IC 31-31-8-2
Sec. 31.
(a) Written
				policy, procedure, and practice provide that juveniles are provided the right
				to communicate or correspond with persons or organizations subject only to the
				limitations necessary to maintain facility order and security.
(b) Juveniles' mail, both incoming and
				outgoing, may be opened and inspected for contraband. Mail protected by the
				attorneyclient privilege, if opened and inspected for contraband, must be done
				so in the presence of the juvenile. When based on legitimate facility interests
				of order and security, mail may be read, censored, or rejected.
(c) The juvenile is notified when incoming or
				outgoing letters are withheld in part or in full.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 8 - JUVENILE DETENTION FACILITIES › Rule 6 - Justice and Order › Section 6-32 - Monies received through mail

Current through July 10, 2024
Authority: IC 11-8-2-5; IC 31-31-8-2
Affected: IC 31-31-8-2
Sec. 32.
Written policy, procedure, and practice provide that all
				  monies received through the mail are held for the juvenile in accordance with
				  the procedures approved by the parent agency.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 8 - JUVENILE DETENTION FACILITIES › Rule 6 - Justice and Order › Section 6-33 - Mail and package delivery

Current through July 10, 2024
Authority: IC 11-8-2-5; IC 31-31-8-2
Affected: IC 31-31-8-2
Sec. 33.
Written policy, procedure, and practice provide that,
				  excluding weekends and holidays, incoming and outgoing:
(1) letters are distributed to juveniles
				within twenty-four (24) hours; and
(2) packages are distributed to juveniles
				within forty-eight (48) hours.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 8 - JUVENILE DETENTION FACILITIES › Rule 6 - Justice and Order › Section 6-34 - Forwarding first class mail

Current through July 10, 2024
Authority: IC 11-8-2-5; IC 31-31-8-2
Affected: IC 31-31-8-2
Sec. 34.
Written policy, procedure, and practice provide that there
				  is a system for forwarding first class letters and packages after transfer or
				  release.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 8 - JUVENILE DETENTION FACILITIES › Rule 6 - Justice and Order › Section 6-35 - Phone calls

Current through July 10, 2024
Authority: IC 11-8-2-5; IC 31-31-8-2
Affected: IC 31-31-8-2
Sec. 35.
(a) Written
				policy, procedure, and practice provide that reasonably priced telephone
				services are accessible to juveniles. Notice is provided to juveniles that
				calls may be monitored by the facility or law enforcement, or both, unless
				protected by the attorney-client privilege. There are provisions for delivering
				or conveying, or both, messages.
(b) Telephones with volume control are made
				available to juveniles with hearing impairments. Juveniles are afforded access
				to a telecommunications device for the deaf or comparable equipment if they
				have hearing, speech, or visual disabilities, or wish to communicate with
				parties who have such disabilities.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 8 - JUVENILE DETENTION FACILITIES › Rule 6 - Justice and Order › Section 6-36 - Juvenile visits

Current through July 10, 2024
Authority: IC 11-8-2-5; IC 31-31-8-2
Affected: IC 31-31-8-2
Sec. 36.
(a) Written
				policy, procedure, and practice provide juveniles the right to receive visits,
				subject only to the limitations necessary to maintain facility order and
				security.
(b) Visitation procedures
				include the following:
(1) Visitation days and
				hours.
(2) Items authorized for the
				visitation area.
(3) Authorized
				items visitors may bring and give to the juvenile.
(4) The requirement that visitors register
				upon entry into the facility.
(5)
				The circumstances under which visitors are searched.
(6) The circumstances under which visits are
				supervised.
(7) Provisions for
				special visits.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 8 - JUVENILE DETENTION FACILITIES › Rule 6 - Justice and Order › Section 6-37 - Visitation areas

Current through July 10, 2024
Authority: IC 11-8-2-5; IC 31-31-8-2
Affected: IC 31-31-8-2
Sec. 37.
Written policy, procedure, and practice provide that
				  visitation areas provide for informal communication, including the opportunity
				  for physical contact, except in instances of documented security
				  risks.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 8 - JUVENILE DETENTION FACILITIES › Rule 6 - Justice and Order › Section 6-38 - Child abuse or neglect

Current through July 10, 2024
Authority: IC 11-8-2-5; IC 31-31-8-2
Affected: IC 31-31-8-2
Sec. 38.
(a) Written
				policy, procedure, and practice provide that all instances of child abuse or
				neglect are reported consistent with appropriate state law.
(b) This is a mandatory standard.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 8 - JUVENILE DETENTION FACILITIES › Rule 6 - Justice and Order › Section 6-39 - Sexual abuse or harassment

Current through July 10, 2024
Authority: IC 11-8-2-5; IC 31-31-8-2
Affected: IC 31-31-8-2
Sec. 39.
(a) Written
				policy, procedure, and practice provide that information is provided to
				juveniles during the intake process about:
(1)
				the facility's zero tolerance policy regarding sexual abuse and sexual
				harassment; and
(2) how to report
				incidents or suspicions of sexual abuse or sexual
				harassment.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 8 - JUVENILE DETENTION FACILITIES › Rule 6 - Justice and Order › Section 6-40 - Sexual assault investigation

Current through July 10, 2024
Authority: IC 11-8-2-5; IC 31-31-8-2
Affected: IC 31-31-8-2
Sec. 40.
(a) Written
				policy, procedure, and practice provide that an immediate investigation is
				initiated and documented whenever a sexual assault is alleged, threatened, or
				occurs. The alleged victim shall be kept safe. Housing assignments of either
				the alleged offender or victim may be modified during the course of the
				investigation.
(b) This is a
				mandatory standard.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 8 - JUVENILE DETENTION FACILITIES › Rule 6 - Justice and Order › Section 6-41 - Sexual conduct within the facility

Current through July 10, 2024
Authority: IC 11-8-2-5; IC 31-31-8-2
Affected: IC 31-31-8-2
Sec. 41.
(a) Written
				policy, procedure, and practice provide that sexual conduct between juveniles
				and:
(1) staff;
(2) volunteers; and
(3) contract personnel; is prohibited and
				subject to administrative and criminal disciplinary
				sanctions.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 8 - JUVENILE DETENTION FACILITIES › Rule 6 - Justice and Order › Section 6-42 - Screening for sexually aggressive behavior

Current through July 10, 2024
Authority: IC 11-8-2-5; IC 31-31-8-2
Affected: IC 31-31-8-2
Sec. 42.
Written policy, procedure, and practice provide that
				  juveniles are screened within twenty-four (24) hours of arrival at the facility
				  for potential vulnerabilities or tendencies of acting out with sexually
				  aggressive behavior. Housing assignments are made
				  accordingly.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 8 - JUVENILE DETENTION FACILITIES › Rule 6 - Justice and Order › Section 6-43 - Follow-up meeting with mental health practitioner

Current through July 10, 2024
Authority: IC 11-8-2-5; IC 31-31-8-2
Affected: IC 31-31-8-2
Sec. 43.
Written policy, procedure, and practice provide that staff
				  shall ensure a juvenile is offered a follow-up meeting with a mental health
				  practitioner within fourteen (14) days of the intake screening when the
				  screening process indicates:
(1) a
				juvenile has experienced prior sexual victimization, whether it occurred in an
				institutional setting or in the community; or
(2) a juvenile has previously perpetrated
				sexual abuse, whether it occurred in an institutional setting or in the
				community.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 8 - JUVENILE DETENTION FACILITIES › Rule 6 - Justice and Order › Section 6-44 - Victim reporting sexual abuse

Current through July 10, 2024
Authority: IC 11-8-2-5; IC 31-31-8-2
Affected: IC 31-31-8-2
Sec. 44.
(a) Written
				policy, procedure, and practice provide that juveniles who are victims of
				sexual abuse have the option to report the incident to any staff member other
				than an immediate point of contact line staff member.
(b) This is a mandatory standard.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 8 - JUVENILE DETENTION FACILITIES › Rule 7 - Food Service and Hygiene › Section 7-1 - Food preparation

Current through July 10, 2024
Authority: IC 11-8-2-5; IC 31-31-8-2
Affected: IC 31-31-8
Sec. 1.
(a) Written
				policy, procedure, and practice provide that the facility has a designated
				staff member, experienced and certified in food service management, to manage
				dietary operations when food is prepared at the facility.
(b) The designated staff member's management
				responsibilities are outlined in a job description, written agreement, or
				contract.
(c) The facility
				designates a person in charge, who is knowledgeable of food handling
				requirements, to be present during all hours of food service
				operation.
(d) When food is not
				prepared at the facility, a designated person in charge supervises the food
				service operations.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 8 - JUVENILE DETENTION FACILITIES › Rule 7 - Food Service and Hygiene › Section 7-2 - Food budget, purchasing, and accounting

Current through July 10, 2024
Authority: IC 11-8-2-5; IC 31-31-8-2
Affected: IC 31-31-8
Sec. 2.
Written policy, procedure, and practice provide that the
				  food service budget, purchasing, and accounting practices shall include the
				  following systems:
(1) Food
				expenditure cost designed to determine cost per meal, per juvenile.
(2) Estimation of food service
				requirements.
(3) Determination of
				and responsiveness to juvenile eating preferences.