reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 3 - COUNTY JAIL STANDARDS › Rule 1 - Maintenance of County Jails › Section 1-1 - Definitions

Current through July 10, 2024
Authority: IC
				  11-8-2-5;
				  IC
				  11-12-4-1
Affected: IC
				  11-8-2-1;
				  IC
				  11-12-4-2
Sec. 1.
(a)
				"Administrative segregation" means the physical separation of inmates who are:
(1) determined to be mentally ill;
(2) escape prone;
(3) assaultive or violent;
(4) undergoing a disciplinary investigation;
				or
(5) likely to need protection
				from other inmates; where separation is determined to be necessary in order to
				protect the welfare of prisoners and staff.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 3 - COUNTY JAIL STANDARDS › Rule 1 - Maintenance of County Jails › Section 1-2 - Administration and organization

Current through July 10, 2024
Authority: IC
				  11-8-2-5;
				  IC
				  11-12-4-1
Affected: IC
				  11-12-4-1
Sec. 2.
(a) Each
				jail shall be managed by a jail administrator, supervised by the sheriff, to
				whom all employees or units of management are responsible.
(b) Each sheriff shall prepare and submit,
				not later than March 31 after the conclusion of each calendar year, a written
				report setting forth the annual statistical data and the extent and
				availability of services and programs to inmates identifying major events that
				have occurred in the jail and unfunded operational needs. The report shall be
				directed to the circuit court judge, and copies shall be provided to the state
				jail inspector, president of the county council or city-county council,
				prosecutor, and president of the board of commissioners. The report shall also
				be provided to the county auditor and be maintained as a public record. At a
				minimum, the report shall include the following:
(1) The total number of beds.
(2) The total number of bookings with at
				least the top ten (10) identified by offense.
(3) The average daily inmate
				population.
(4) The total number of
				jail and in-custody deaths by type (suicide, natural causes, homicide) with a
				summary of each occurrence.
(5) The
				number of escapes.
(6) The total
				number of juveniles booked into the jail via waiver or direct file.
(7) The availability of services provided at
				the jail.
(8) A statement on the
				adequacy of jail staffing levels.
(9) A statement on the maintenance and upkeep
				of the jail.
(10) Unfunded needs
				and projects essential to jail operation and maintenance.
(11) The average length of stay, for all
				inmates housed in the jail as of December 31, of the preceding year.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 3 - COUNTY JAIL STANDARDS › Rule 1 - Maintenance of County Jails › Section 1-3 - Fiscal management

Current through July 10, 2024
Authority: IC
				  11-8-2-5;
				  IC
				  11-12-4-1
Affected: IC
				  11-12-4-1
Sec. 3.
Each sheriff shall establish written procedures to govern the
				  internal handling of money consistent with all requirements of the state board
				  of accounts and state law.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 3 - COUNTY JAIL STANDARDS › Rule 1 - Maintenance of County Jails › Section 1-4 - Personnel

Current through July 10, 2024
Authority: IC
				  11-8-2-5;
				  IC
				  11-12-4-1
Affected: IC
				  11-12-4-1
Sec. 4.
Each sheriff shall establish written jail personnel policies
				  and procedures to include a code of ethics, and a copy shall be provided to
				  each new jail employee.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 3 - COUNTY JAIL STANDARDS › Rule 1 - Maintenance of County Jails › Section 1-5 - Training and staff development

Current through July 10, 2024
Authority: IC
				  11-8-2-5;
				  IC
				  11-12-4-1
Affected: IC
				  11-12-4-1
Sec. 5.
(a) Each
				sheriff shall establish a written training and staff development plan for all
				jail employees. This plan shall be:
(1) based
				on the jail's manual of policies and procedures; and
(2) evaluated and revised as needed
				annually.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 3 - COUNTY JAIL STANDARDS › Rule 1 - Maintenance of County Jails › Section 1-6 - Management information systems and inmate records

Current through July 10, 2024
Authority: IC
				  11-8-2-5;
				  IC
				  11-12-4-1
Affected: IC
				  11-12-4-1
Sec. 6.
(a) Every
				inmate admitted to any county jail shall have the following information
				recorded, unless prohibited by statute:
(1)
				Booking number.
(2) Date and time
				of intake.
(3) Name and
				aliases.
(4) Last known
				address.
(5) Date and time of
				commitment and authority therefor.
(6) Name, title, and signature of delivering
				officer.
(7) Specific charge or
				charges.
(8) Physical description,
				including any scars, marks, or tattoos.
(9) Mug shot and fingerprints.
(10) Sex.
(11) Age and date of birth.
(12) Place of birth.
(13) Race.
(14) Occupation.
(15) Name and address of last
				employer.
(16) Health
				status.
(17) Name and relationship
				of next of kin.
(18) Address of
				next of kin.
(19) Court and
				sentence.
(20) Notation of cash and
				personal property.
(21) Notation of
				any:
(A) open wounds;
(B) sores requiring treatment;
(C) evidence of disease or body vermin;
				or
(D) tattoos.
(22) Name of health insurance
				carrier.
(23) Name of primary care
				physician.
(24) Education level, to
				include the name and location of last school attended if no high school
				diploma.
(25) Prior
				commitments.
(26) Nationality or
				citizenship.
(27) Social Security
				number, and if any Social Security benefits are currently being
				received.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 3 - COUNTY JAIL STANDARDS › Rule 1 - Maintenance of County Jails › Section 1-7 - Physical plant

Current through July 10, 2024
Authority: IC
				  11-8-2-5;
				  IC
				  11-12-4-1
Affected: IC
				  11-12-4-1
Sec. 7.
(a) All
				inmate living and activity areas in each jail shall provide for the following
				minimum requirements:
(1) Illumination shall
				be sufficient for reading and writing throughout the living area. Readings of
				at least twenty (20) foot-candles are required at desk level and in grooming
				areas.
(2) Circulation of fresh air
				sufficient to remove stale air and odors from the living area. This requirement
				shall be satisfied if the jail inspector documents, per American Correctional
				Association (ACA) standards, that the air in the living area provides
				sufficient cubic feet of air per minute per inmate. Performance-Based Standards
				for Adult Local Detention Facilities, Fourth Edition (2004, Ref. No.
				1-56991-215-7 ). These standards are available at the American Correctional
				Association, 206 N. Washington St., Suite 200, Alexandria, VA 22314 or
www.aca.org/store/bookstore/view
.
(3) A heating system sufficient to ensure
				healthy and comfortable living and working conditions for all inmates and
				staff.
Temperatures shall be maintained at an acceptable comfortable
				  level consistent with exterior conditions, clothing and bedding
				  issued.
(4) Each cell shall
				have direct access to the following:
(A) A
				toilet.
(B) A washbasin with hot
				and cold running water.
(C) A
				bed.
(5) There shall be
				at least one (1) toilet and one (1) shower per twelve (12) inmates. This
				requirement shall be satisfied as to toilet access if cells are accessible to
				inmates all the time.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 3 - COUNTY JAIL STANDARDS › Rule 1 - Maintenance of County Jails › Section 1-8 - Commissary

Current through July 10, 2024
Authority: IC
				  11-8-2-5;
				  IC
				  11-12-4-1
Affected: IC
				  11-12-4-1
Sec. 8.
If a jail provides inmate commissary services, it shall be
				  managed and operated in a manner consistent with Indiana law.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 3 - COUNTY JAIL STANDARDS › Rule 1 - Maintenance of County Jails › Section 1-9 - Safety and sanitation

Current through July 10, 2024
Authority: IC
				  11-8-2-5;
				  IC
				  11-12-4-1
Affected: IC
				  11-12-4-1
Sec. 9.
(a) Each
				jail shall be maintained in a safe and sanitary condition in compliance with
				state and local health, sanitation, safety, and fire laws.
(b) Inmates shall have the responsibility for
				maintaining their own cells and living areas in a safe and sanitary condition.
				Necessary cleaning equipment and materials shall be provided to inmates daily
				and as needed.
(c) All areas of a
				jail shall be inspected by a designated jail official at least once per week.
				Each living area shall be inspected by designated jail officials daily. Written
				inspection reports shall be maintained, and steps shall be taken promptly to
				remedy unsafe or unsanitary conditions.
(d) Each jail shall be inspected weekly for
				evidence of insects and rodents. Licensed extermination services shall be
				obtained to spray or treat facilities as often as necessary to eliminate
				insects and rodents. Inmates shall be removed from an area if spraying or
				fogging is necessary and cannot properly be accomplished if inmates are
				present.
(e) Faulty plumbing
				fixtures shall be promptly repaired or replaced as necessary.
(f) Exits shall be:
(1) clearly marked;
(2) continuously illuminated;
(3) kept clear of obstructions; and
(4) in usable condition.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 3 - COUNTY JAIL STANDARDS › Rule 1 - Maintenance of County Jails › Section 1-10 - Clothing, bedding, and personal hygiene

Current through July 10, 2024
Authority: IC
				  11-8-2-5;
				  IC
				  11-12-4-1
Affected: IC
				  11-12-4-1
Sec. 10.
(a) Each
				jail shall provide for the issue of clean, suitable clothing, linen, a towel,
				and a sleeping mat to each new inmate. Each inmate shall be provided adequate
				material and disinfectant to cleanse their sleeping mat prior to transfer or
				release. Jail clothing and authorized personal undergarments shall be laundered
				or exchanged at least weekly. Bed linen shall be laundered weekly, and blankets
				shall be laundered at least monthly. All clothing and bedding shall be
				maintained in serviceable condition and in sufficient quantity to supply each
				jail's inmate population.
(b) Each
				inmate shall be provided with items necessary to maintain personal hygiene.
				Shaving materials shall be available at least three (3) times per week unless
				the inmate poses a security, safety, or suicide risk. Female inmates shall be
				provided personal sanitary items.
(c) Inmates shall:
(1) shower and shampoo their hair upon
				admission to the jail's general population; and
(2) be afforded the opportunity to shower at
				least three (3) times per week thereafter unless an emergency or a threat to
				jail security exists.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 3 - COUNTY JAIL STANDARDS › Rule 1 - Maintenance of County Jails › Section 1-11 - Medical care and health services

Current through July 10, 2024
Authority: IC
				  11-8-2-5;
				  IC
				  11-12-4-1
Affected: IC
				  11-12-4-1
Sec. 11.
(a) A
				licensed physician shall be responsible for medical services in each jail.
(b) Procedures necessary to
				deliver medical services to inmates shall be:
(1) in writing;
(2) approved by the responsible physician;
				and
(3) reviewed by the
				sheriff.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 3 - COUNTY JAIL STANDARDS › Rule 1 - Maintenance of County Jails › Section 1-12 - Diet and food preparation

Current through July 10, 2024
Authority: IC
				  11-8-2-5;
				  IC
				  11-12-4-1
Affected: IC
				  11-12-4-1
Sec. 12.
(a) Each
				sheriff shall establish written policies and procedures concerning the quantity
				and quality of food served to inmates.
(b) Food shall not be used as a reward or
				withheld as a disciplinary measure. All meals shall be served under the
				supervision of the jail administrator or his or her designee. There shall be
				not more than fourteen (14) hours between the evening meal and breakfast.
				Inmates shall be served three (3) meals each day. At least one (1) meal each
				day shall be cooked.
(c) Menus
				shall:
(1) be prepared in advance, and records
				of all menus and all meals served shall be retained;
(2) be approved by a qualified
				dietician;
(3) reflect the average
				daily caloric intake; and
(4) be
				reviewed every two (2) years or after any substantial change in daily inmate
				physical activity.
All food service areas and equipment shall be inspected daily
				  by administrative jail personnel. All food must be placed on racks off the
				  floor. Food must be covered or enclosed while being transported to the inmate
				  area.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 3 - COUNTY JAIL STANDARDS › Rule 1 - Maintenance of County Jails › Section 1-13 - Security and control

Current through July 10, 2024
Authority: IC
				  11-8-2-5;
				  IC
				  11-12-4-1
Affected: IC
				  11-12-4-1
Sec. 13.
(a) Each
				sheriff shall establish the jail's policies and procedures for security and
				control. This manual shall be available to all jail personnel and shall be
				reviewed annually and updated as needed. Documentation of this review shall be
				signed by the sheriff and maintained in front of the manual. The manual shall
				include, but not be limited to, the following:
(1) Supervision.
(2) Searches and seizures.
(3) Facility security.
(4) Shakedowns.
(5) Firearms and other weapons.
(6) Maintenance of security
				equipment.
(7) Key
				control.
(8) Control of the
				following:
(A) Tools.
(B) Sharp culinary equipment.
(C) Medical instruments.
(D) Razors.
(9) Records control and release of
				information according to Indiana law.
(10) Population count.
(11) Chemical agents.
(12) Post orders.
(13) Escapes.
(14) Emergency situations, including the
				following:
(A) A fire.
(B) A disturbance.
(C) An assault.
(D) A taking of hostages.
(E) Natural disasters.
(15) Transportation of inmates.
(16) The use of physical force.
(17) Responding to a suicide attempt or
				suicidal inmate.
Jail officers shall be trained consistent with provisions of
				  the security and control manual. Pretraining and posttraining examinations
				  shall be administered to each jail officer and the results made part of the
				  employee's record.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 3 - COUNTY JAIL STANDARDS › Rule 1 - Maintenance of County Jails › Section 1-14 - Supervision of inmates

Current through July 10, 2024
Authority: IC
				  11-8-2-5;
				  IC
				  11-12-4-1
Affected: IC
				  11-12-4-1
Sec. 14.
(a) There
				shall be sufficient jail personnel in the jail at all times to provide adequate
				supervision of inmates and to ensure staff and inmate safety. Jail personnel
				should ensure the following:
(1) A jail
				officer shall conduct a visual check, not including observation by a monitoring
				device, of each inmate at least once every sixty (60) minutes. The observation
				checks may be conducted on an irregular schedule and shall be
				documented.
(2) Suicidal inmates
				shall be provided appropriate, more frequent, supervision consistent with the
				jail's suicide screening and prevention procedures.
(3) High risk inmates shall be provided more
				frequent supervision consistent with their classification level.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 3 - COUNTY JAIL STANDARDS › Rule 1 - Maintenance of County Jails › Section 1-15 - Inmate rights

Current through July 10, 2024
Authority: IC
				  11-8-2-5;
				  IC
				  11-12-4-1
Affected: IC
				  3-7-46-6;
				  IC
				  11-12-4-1
Sec. 15.
(a) The
				right of inmates to have access to the courts shall be ensured. Inmates shall
				have confidential access to their attorneys and the authorized representatives
				of their attorneys. Inmates shall have reasonable access to the courts to
				challenge their sentences and conditions of confinement and reasonable access
				to an adequate law library. Inmates with an appointed public defender shall be
				provided the opportunity to speak to their attorney.
(b) Inmates shall not be subject to
				discrimination based on any of the following:
(1) Race.
(2) National origin.
(3) Color.
(4) Creed.
(5) Sex.
(6) Economic status.
(7) Political belief.
There shall be equal access to programs or services for male
				  and female inmates.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 3 - COUNTY JAIL STANDARDS › Rule 1 - Maintenance of County Jails › Section 1-16 - Mail and telephone communication

Current through July 10, 2024
Authority: IC
				  11-8-2-5;
				  IC
				  11-12-4-1
Affected: IC
				  11-12-4-1
Sec. 16.
(a) Each
				sheriff shall establish a written procedure consistent with Indiana and
				constitutional law governing inmate mail correspondence.
(b) An inmate may send and receive an
				unlimited amount of correspondence to or from any person outside the jail in
				any language. However, inmates shall be prohibited from corresponding with
				other inmates within the jail or other correctional institutions without the
				prior written approval of the sheriff, their designee, and the proper authority
				of the other institution.
(c)
				Correspondence to or from government officials, courts, or attorneys shall be
				considered privileged correspondence. Jail officials may open and inspect
				privileged correspondence only in the presence of the inmate for the purpose of
				examining the contents for contraband or prohibited property. Upon completion
				of the inspection, the item of correspondence must be promptly delivered or
				transmitted without:
(1) reading;
(2) censoring;
(3) copying; or
(4) further interfering with its delivery or
				transmission.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 3 - COUNTY JAIL STANDARDS › Rule 1 - Maintenance of County Jails › Section 1-17 - Discipline written rules

Current through July 10, 2024
Authority: IC
				  11-8-2-5;
				  IC
				  11-12-4-1
Affected: IC
				  35-50-6-4;
				  IC
				  35-50-6-5
Sec. 17.
(a) Each
				sheriff shall establish written rules of inmate conduct for the maintenance of
				order and discipline among inmates. The rules shall describe the:
(1) conduct for which disciplinary action may
				be imposed;
(2) type of
				disciplinary action that may be taken; and
(3) disciplinary procedure to be followed.
Copies of these rules shall be posted in the living areas or
				  distributed to all inmates. The disciplinary action imposed shall be
				  proportionate to the seriousness of the rule violation. The use of physical
				  force as a means of discipline is prohibited.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 3 - COUNTY JAIL STANDARDS › Rule 1 - Maintenance of County Jails › Section 1-18 - Inmate classification

Current through July 10, 2024
Authority: IC
				  11-8-2-5;
				  IC
				  11-12-4-1
Affected: IC
				  11-12-4-1
Sec. 18.
(a) Each
				sheriff shall develop and implement an objective classification system by
				November 15, 2014. This system shall include written procedures for overriding
				an inmate's objective classification result to accommodate local needs, for
				example, physical plant design, program availability.
(b) Juveniles alleged to be delinquent or
				adjudicated delinquent shall be held:
(1) in a
				manner reasonably calculated to protect their personal safety; and
(2) in accordance with all applicable
				law.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 3 - COUNTY JAIL STANDARDS › Rule 1 - Maintenance of County Jails › Section 1-19 - New inmate admissions

Current through July 10, 2024
Authority: IC
				  11-8-2-5;
				  IC
				  11-12-4-1
Affected: IC
				  11-12-4-1
Sec. 19.
Each sheriff shall establish written procedures for the
				  following:
(1) Governing the reception
				and orientation of newly admitted inmates. The procedures shall include, but
				not be limited to, the following:
(A)
				Verification of commitment papers.
(B) Complete search of the individual in
				compliance with section 13(h) of this rule.
(C) Disposition of clothing and personal
				property.
(D) Medical screening,
				including tests for infectious diseases, as approved by the responsible
				physician.
(E) Telephone
				calls.
(F) Showers and hair care,
				if necessary.
(G) Issue of jail
				clothing and supplies.
(H)
				Photographing and fingerprinting.
(I) Notation of identifying marks or unusual
				characteristics.
(J) Interview for
				obtaining identifying data.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 3 - COUNTY JAIL STANDARDS › Rule 1 - Maintenance of County Jails › Section 1-20 - Suicide screening and prevention

Current through July 10, 2024
Authority: IC
				  11-8-2-5;
				  IC
				  11-12-4-1
Affected: IC
				  11-12-4-1
Sec. 20.
(a) There
				shall be a written suicide prevention and intervention program that is reviewed
				and approved by a qualified medical or mental health professional.
(b) The program shall include procedures for
				the following:
(1)
				Screening/assessment.
(2)
				Communication.
(3)
				Housing.
(4) Supervision of
				low-risk and high-risk suicidal inmates.
(5) Intervention.
(6) Reporting.
(7) Mortality review.
(8) More frequent observation intervals for
				inmates determined to be at high risk.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 5 - RELEASE AUTHORITY FOR JUVENILES › Rule 1 - Release Procedure › Section 1-1 - Definitions; administrative procedures

Current through July 10, 2024
Authority: IC
				  11-13-6-2
Affected: IC
				  11-8-2-5; IC
				  11-13-6
Sec. 1.
(a) The
				following definitions and administrative procedures shall be applicable in the
				operation of the releasing authority for juveniles:
(1) "Administrative review committee" shall
				make all decisions relating to the release of juveniles to community
				supervision.
(2) "Chairperson"
				means the chairperson of the administrative review committee or the community
				supervision revocation committee.
(3) "Commissioner" means the chief executive
				of the department.
(4) "Commitment"
				means an order of a juvenile court placing a juvenile in the care, custody, and
				wardship of the department.
(5)
				"Community supervision" means the conditional release of a juvenile before the
				time of a mandatory and unconditional discharge from a commitment.
(6) "Community supervision revocation
				committee" shall conduct all community supervision revocation
				hearings.
(7) "Community
				supervision revocation hearing" means a formal hearing afforded by the
				department to determine if a violation of the conditions of community
				supervision has occurred.
(8)
				"Community supervision violation" means noncompliance with a condition of
				community supervision by the juvenile.
(9) "Community supervision violator" means a
				juvenile who has violated a condition of community supervision.
(10) "Department" means the department of
				correction.
(11) "Director,
				juvenile transition program" means the person responsible for the day-to-day
				casework monitoring of all juveniles in the community, approving all special
				conditions of the community supervision release agreement, and the
				commissioner's designee to release all juveniles from contract
				facilities.
(12) "Discharge" means
				an unconditional release of a juvenile from a commitment.
(13) "Field staff" means department employees
				who supervise juveniles in the community.
(14) "Hearing officer" means the
				administrative officer who conducts a preliminary hearing.
(15) "Juvenile" means a delinquent child,
				which is a person who is adjudged delinquent by a juvenile court and committed
				to the department of correction. This definition shall be deemed to include
				status juveniles.
(16) "Placement"
				means the place of residence of the juvenile upon release.
(17) "Preliminary hearing" means a hearing to
				determine whether probable cause exists to believe that a violation of a
				community supervision condition has occurred.
(18) "Review" means a hearing granted by the
				administrative review committee for a juvenile who has not met institutional
				criteria for release recommendation.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 5 - RELEASE AUTHORITY FOR JUVENILES › Rule 1 - Release Procedure › Section 1-2 - Release recommendation by the facility; committee criteria for granting release

Current through July 10, 2024
Authority: IC
				  11-13-6-2
Affected: IC
				  11-8-2-5; IC
				  11-8-5; IC
				  11-13-6
Sec. 2.
(a) Criteria
				for community supervision shall be based on the following:
(1) The committing offense.
(2) Facility adjustment.
(3) Achievement of treatment goals
				established according to the juvenile's individual risk and needs.
The treatment staff shall review the juvenile's progress at
				  regular intervals. Upon completion of facility requirements as approved by the
				  facility head, the juvenile shall be recommended for community supervision
				  consideration to the facility administrative review committee.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 5 - RELEASE AUTHORITY FOR JUVENILES › Rule 1 - Release Procedure › Section 1-3 - Community supervision or discharge; consideration, reviews, denials, conditions statement

Current through July 10, 2024
Authority: IC
				  11-13-6-2
Affected: IC
				  11-8-2-5; IC
				  11-8-5; IC
				  11-13-6
Sec. 3.
(a) The
				administrative review committee shall review the treatment team's
				recommendations regarding the juvenile's progress in treatment and interview
				the juvenile to determine release to community supervision or discharge,
				whichever is appropriate. A juvenile who has not received a facility
				recommendation for community supervision shall be reviewed by the
				administrative review committee at least every twelve (12) months.
(b) A juvenile under consideration for
				community supervision or discharge shall be afforded the following:
(1) At least seven (7) days' (excluding
				Saturday, Sunday, or holidays) advance written notice that he or she is being
				considered for community supervision or discharge.
(2) Access to records and reports to be
				considered by the committee making the release determination in accordance with
				IC 11-8-5.
(3) An opportunity to appear before the
				committee, speak in his or her own behalf, and present documentary
				evidence.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 6 - JUVENILE DETENTION FACILITIES › Rule 1 - Applicability › Section 1-1 - Applicability

Current through July 10, 2024
Authority: IC
				  11-8-2-5;
				  IC
				  31-31-8-2
Affected: IC 11-8-2; IC 31-31-8
Sec. 1.
(a) This
				article applies to all newly constructed, remodeled, converted, and existing
				juvenile detention facilities.
(b)
				This article does not apply to secure facilities or other facilities licensed
				by the family and social services administration.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 6 - JUVENILE DETENTION FACILITIES › Rule 2 - Definitions › Section 2-2 - "ACA" defined

Current through July 10, 2024
Authority: IC
				  11-8-2-5
Affected: IC 11-8-2
Sec. 2.
"ACA" means the American Correctional Association.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 6 - JUVENILE DETENTION FACILITIES › Rule 2 - Definitions › Section 2-3 - "Department" defined

Current through July 10, 2024
Authority: IC
				  11-8-2-5;
				  IC
				  31-31-8-2
Affected: IC 11-8-2; IC 31-31-8
Sec. 3.
"Department" means the department of correction.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 6 - JUVENILE DETENTION FACILITIES › Rule 2 - Definitions › Section 2-4 - "Dispositional program" defined

Current through July 10, 2024
Authority: IC
				  11-8-2-5;
				  IC
				  31-31-8-2;
				  IC
				  31-37-19-1
Affected: IC 11-8-2; IC 31-31-8; IC 31-37-19
Sec. 4.
"Dispositional program" means activities and services
				  provided for juveniles who are placed in a juvenile detention facility as a
				  disposition of a juvenile court.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 6 - JUVENILE DETENTION FACILITIES › Rule 2 - Definitions › Section 2-5 - "Existing facility" defined

Current through July 10, 2024
Authority: IC
				  11-8-2-5;
				  IC
				  31-31-8-2
Affected: IC 11-8-2; IC 31-31-8
Sec. 5.
"Existing facility" means any juvenile detention facility in
				  use prior to March 1, 1996.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 6 - JUVENILE DETENTION FACILITIES › Rule 2 - Definitions › Section 2-6 - "Full compliance" defined

Current through July 10, 2024
Authority: IC
				  11-8-2-5
Affected: IC 11-8-2
Sec. 6.
"Full compliance" means that a detention facility is found
				  by the department to conform to all mandatory standards and a minimum of ninety
				  percent (90%) of recommended standards.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 6 - JUVENILE DETENTION FACILITIES › Rule 2 - Definitions › Section 2-7 - "Inspection" defined

Current through July 10, 2024
Authority: IC
				  11-8-2-5
Affected: IC 11-8-2
Sec. 7.
"Inspection" means an on-site viewing and assessment of
				  existing conditions, policies, and procedures and their relationship to minimum
				  standards.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 6 - JUVENILE DETENTION FACILITIES › Rule 2 - Definitions › Section 2-8 - "Juvenile detention facility" defined

Current through July 10, 2024
Authority: IC
				  11-8-2-5
Affected: IC 11-8-2
Sec. 8.
"Juvenile detention facility" means any public or privately
				  operated, secure center, place, institution, or part thereof, that is used for
				  the lawful custody and treatment of adjudicated delinquents and juveniles
				  alleged to be delinquent.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 6 - JUVENILE DETENTION FACILITIES › Rule 2 - Definitions › Section 2-9 - "Mandatory standard" defined

Current through July 10, 2024
Authority: IC 11-8-2-5
Affected: IC 11-8-2
Sec. 9.
"Mandatory standard" means:
(1) a standard which has been determined to
				be essential to ensure the life, health, and safety of juveniles and personnel;
				and
(2) with which a juvenile
				detention facility must conform to achieve compliance.
With the exception of ACA standard 4C-23 and subject to
				  modifications noted in
				  210 IAC
				  6-3, standards considered as mandatory by ACA are
				  mandatory under this article.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 6 - JUVENILE DETENTION FACILITIES › Rule 2 - Definitions › Section 2-10 - "Provisional compliance" defined

Current through July 10, 2024
Authority: IC
				  11-8-2-5
Affected: IC 11-8-2
Sec. 10.
"Provisional compliance" means that a detention facility
				  conforms to all mandatory standards and the minimum percentage of recommended
				  standards required in the specified time frame.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 6 - JUVENILE DETENTION FACILITIES › Rule 2 - Definitions › Section 2-11 - "Recommended standard" defined

Current through July 10, 2024
Authority: IC
				  11-8-2-5
Affected: IC 11-8-2
Sec. 11.
"Recommended standard" is a standard that deals with issues
				  not directly affecting the life, health, and safety of juveniles and personnel.
				  Those standards adopted as a part of this article that are not mandatory are
				  included in this section.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 6 - JUVENILE DETENTION FACILITIES › Rule 2 - Definitions › Section 2-12 - "Secure" defined

Current through July 10, 2024
Authority: IC
				  11-8-2-5
Affected: IC 11-8-2
Sec. 12.
"Secure" means a facility that is designed and operated to
				  ensure that all entrances and exits are under the exclusive control of the
				  staff, thereby not allowing a juvenile to leave the facility unsupervised or
				  without permission.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 6 - JUVENILE DETENTION FACILITIES › Rule 2 - Definitions › Section 2-13 - "Standard" defined

Current through July 10, 2024
Authority: IC 11-8-2-5
Affected: IC 11-8-2
Sec. 13.
"Standard" means one (1) of the minimum standards produced
				  by the ACA and contained in the publication, Standards for Juvenile Detention
				  Facilities, Third Edition, May 1991 and all amendments or editions published
				  through 1995 consistent with
				  210 IAC 6-3-1
				  through
				  210 IAC
				  6-3-9.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 6 - JUVENILE DETENTION FACILITIES › Rule 3 - Administration and Management › Section 3-1 - General provisions

Current through July 10, 2024
Authority: IC
				  11-8-2-5;
				  IC
				  31-31-8-2
Affected: IC 11-8-2; IC 31-31-8
Sec. 1.
(a) Except as
				provided in this section, ACA standards 1A-01 through 1G-09 are adopted as a
				part of this article.
(b) The
				following ACA standards are deleted in their entirety:
(1) 1A-03, 1A-05, 1A-08, 1A-10, 1A-14, 1A-15,
				1A-17, 1A-23, 1A-25, and 1A-28.
(2)
				1B-02, 1B-04, 1B-09, 1B-10, 1B-12, 1B-13, 1B-16, 1B-17, and 1B-20.
(3) 1C-03, 1C-06, 1C-09, 1C-10, 1C-11, and
				1C-18.
(4) 1D-02, 1D-03, 1D-06,
				1D-10, 1D-11, and 1D-12.
(5) 1F-02
				and 1F-04.
(6) 1G-06, 1G-07, and
				1G-08.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 6 - JUVENILE DETENTION FACILITIES › Rule 3 - Administration and Management › Section 3-2 - Physical plant

Current through July 10, 2024
Authority: IC
				  11-8-2-5;
				  IC
				  31-31-8-2
Affected: IC 11-8-2; IC 31-31-8
Sec. 2.
(a) Except as
				provided in this section, ACA standards 2A-01 through 2G-02 are adopted as a
				part of this article.
(b) ACA
				standards 2B-02, 2B-08, and 2D-02 are deleted in their entirety.
(c) In ACA standard 2A-04, change
				"recognized" to "applicable".
(d)
				Change ACA standard 2B-04 to read, "Written policy and procedure provide that a
				replacement detention facility be constructed or an existing facility be
				expanded only after a needs evaluation study has been completed by the parent
				agency or other appropriate agency. A copy of this study must accompany
				blueprints submitted to the department for review.".
(e) Change subsection 3 of ACA standard 2C-03
				to read, "a bed, desk, and seating.".
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 6 - JUVENILE DETENTION FACILITIES › Rule 3 - Administration and Management › Section 3-3 - Institutional operations

Current through July 10, 2024
Authority: IC
				  11-8-2-5;
				  IC
				  31-31-8-2
Affected: IC 11-8-2; IC 31-31-8
Sec. 3.
(a) Except as
				provided in this section, ACA standards 3A-01 through 3E-05 are adopted as a
				part of this article.
(b) The
				following ACA standards are deleted in their entirety:
(1) 3A-03.
(2) 3A-11.
(3) 3A-12.
(4) 3A-17.
(5) 3B-08.
(6) 3B-09.
(7) 3E-01.
(8) 3E-02.
(9) 3E-03.
(10) 3E-04.
(11) 3E-05.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 6 - JUVENILE DETENTION FACILITIES › Rule 3 - Administration and Management › Section 3-4 - Facility services

Current through July 10, 2024
Authority: IC
				  11-8-2-5;
				  IC
				  31-31-8-2
Affected: IC 11-8-2; IC 31-31-8
Sec. 4.
(a) Except as
				provided in this section, ACA standards 4A-01 through 4C-48 are included as a
				part of this article.
(b) The
				following ACA standards are deleted in their entirety:
(1) 4B-09.
(2) 4C-03.
(3) 4C-05.
(4) 4C-19.
(5) 4C-23.
(6) 4C-30.
(7) 4C-31.
(8) 4C-32.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 6 - JUVENILE DETENTION FACILITIES › Rule 3 - Administration and Management › Section 3-5 - Juvenile services

Current through July 10, 2024
Authority: IC
				  11-8-2-5;
				  IC
				  31-31-8-2
Affected: IC 11-8-2; IC 31-31-8
Sec. 5.
(a) Except as
				provided in this section, ACA standards 5A-01 through 5H-07 are adopted as a
				part of this rule.
(b) The
				following ACA standards are deleted in their entirety:
(1) 5A-01, 5A-03, 5A-04, 5A-05, 5A-07, 5A-08,
				5A-09, 5A-10, 5A-12, and 5A-13.
(2)
				5B-02 and 5B-03.
(3)
				5D-02.
(4) 5H-01, 5H-05, and
				5H-06.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 6 - JUVENILE DETENTION FACILITIES › Rule 3 - Administration and Management › Section 3-6 - References to ACA standards

Current through July 10, 2024
Authority: IC
				  11-8-2-5
Affected: IC 11-8-2
Sec. 6.
(a) When
				reference is made to any of the following within the ACA standards publication,
				such reference is for information purposes only:
(1) A "Principle" stated at the beginning of
				a section.
(2) The "Comment" listed
				following each standard except as provided in section 3(c)(6) of this
				rule.
(3) Appendices "A" and
				"B".
(4) Glossary.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 6 - JUVENILE DETENTION FACILITIES › Rule 3 - Administration and Management › Section 3-7 - Dispositional programs

Current through July 10, 2024
Authority: IC
				  11-8-2-5
Affected: IC 11-8-2
Sec. 7.
Juvenile detention facilities operating dispositional
				  programs shall comply with guidelines established by the Indiana judicial
				  conference on January 15, 1994.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 6 - JUVENILE DETENTION FACILITIES › Rule 3 - Administration and Management › Section 3-8 - Inspection of juvenile detention facilities

Current through July 10, 2024
Authority: IC
				  11-8-2-5
Affected: IC 11-8-2
Sec. 8.
The department shall inspect each juvenile detention
				  facility at least annually to determine whether it is in compliance with this
				  article.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 6 - JUVENILE DETENTION FACILITIES › Rule 3 - Administration and Management › Section 3-9 - Construction of juvenile detention facilities

Current through July 10, 2024
Authority: IC
				  11-8-2-5;
				  IC
				  31-31-8-2
Affected: IC 11-8-2; IC 31-31-8
Sec. 9.
Prior to the construction or expansion of a juvenile
				  detention facility, plans and specifications shall be submitted to the
				  department for review and comment. Plans and specifications shall satisfy all
				  physical plant standards contained in section 2 of this rule. The department's
				  written review shall be provided to fire and building services for plan release
				  within ten (10) working days from the date of receipt.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 6 - JUVENILE DETENTION FACILITIES › Rule 3 - Administration and Management › Section 3-10 - Compliance with mandatory and physical plant standards

Current through July 10, 2024
Authority: IC
				  11-8-2-5;
				  IC
				  31-31-8-2
Affected: IC 11-8-2; IC 31-31-8
Sec. 10.
A new juvenile detention facility shall not begin operation
				  until the department has determined through inspection that the facility is in
				  compliance with all mandatory and physical plant standards.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 6 - JUVENILE DETENTION FACILITIES › Rule 3 - Administration and Management › Section 3-11 - Compliance

Current through July 10, 2024
Authority: IC
				  11-8-2-5;
				  IC
				  31-31-8-2
Affected: IC 11-8-2; IC 31-31-8
Sec. 11.
(a) In order
				to achieve and maintain provisional compliance with this article, a new
				juvenile detention facility shall have been determined through inspection to be
				in compliance with the following:
(1) All
				mandatory standards.
(2) A minimum
				of seventy-five percent (75%) of the recommended standards within one (1) year
				of commencing operation.
(3) All
				physical plant standards.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 6 - JUVENILE DETENTION FACILITIES › Rule 3 - Administration and Management › Section 3-12 - Severability

Current through July 10, 2024
Authority: IC
				  11-8-2-5
Affected: IC 11-8-2
Sec. 12.
If any rule, section, subsection, or subdivision of this
				  article is for any reason held to be unconstitutional, contrary to statute,
				  exceeding the authority of the department, or otherwise inoperative, such
				  decision does not affect the validity of the remaining portion of the article.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 7 - OFFENDER HEALTH CARE CO-PAYMENT PROCEDURES › Rule 1 - General Provisions; Applicability › Section 1-1 - Definitions; applicability

Current through July 10, 2024
Authority: IC
				  11-10-3-5
Affected: IC
				  11-10-3
Sec. 1.
The definitions in this rule apply throughout this
				  article.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 7 - OFFENDER HEALTH CARE CO-PAYMENT PROCEDURES › Rule 1 - General Provisions; Applicability › Section 1-2 - "Chronically prescribed medication" defined

Current through July 10, 2024
Authority: IC
				  11-10-3-5
Affected: IC
				  11-10-3
Sec. 2.
"Chronically prescribed medication" means a drug or
				  substance prescribed repeatedly over a prolonged period of time, usually in the
				  treatment of a chronic illness.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 7 - OFFENDER HEALTH CARE CO-PAYMENT PROCEDURES › Rule 1 - General Provisions; Applicability › Section 1-3 - "Co-payment" defined

Current through July 10, 2024
Authority: IC
				  11-10-3-5
Affected: IC
				  11-10-3
Sec. 3.
"Co-payment" means the share of the costs of providing
				  health care related services or goods paid by an offender.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 7 - OFFENDER HEALTH CARE CO-PAYMENT PROCEDURES › Rule 1 - General Provisions; Applicability › Section 1-4 - "Department" defined

Current through July 10, 2024
Authority: IC
				  11-10-3-5
Affected: IC
				  11-10-3
Sec. 4.
"Department" means department of
				  correction.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 7 - OFFENDER HEALTH CARE CO-PAYMENT PROCEDURES › Rule 1 - General Provisions; Applicability › Section 1-5 - "Health care services" defined

Current through July 10, 2024
Authority: IC
				  11-10-3-5
Affected: IC
				  11-10-3
Sec. 5.
"Health care services" means any services, including
				  medical, dental, eye, or hearing care, or pharmacy provided by the department
				  to offenders. These services may be provided either by department staff,
				  through a contract, or by a private provider selected by the department. Mental
				  health services and the prescription of psychotropic or neuroleptic medications
				  are not included in these services.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 7 - OFFENDER HEALTH CARE CO-PAYMENT PROCEDURES › Rule 1 - General Provisions; Applicability › Section 1-6 - "Health care services staff" defined

Current through July 10, 2024
Authority: IC
				  11-10-3-5
Affected: IC
				  11-10-3
Sec. 6.
"Health care services staff" means health care
				  professionals, including:
(1)
				physicians;
(2) nurses;
(3) dentists;
(4) optometrists; and
(5) specialists;
who are either staff or provide services to the department at
				  the request of the department.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 7 - OFFENDER HEALTH CARE CO-PAYMENT PROCEDURES › Rule 1 - General Provisions; Applicability › Section 1-7 - "Neuroleptic medication" defined

Current through July 10, 2024
Authority: IC
				  11-10-3-5
Affected: IC
				  11-10-3
Sec. 7.
"Neuroleptic medication" means psychotropic medication
				  utilized to control psychotic thinking or behavior.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 7 - OFFENDER HEALTH CARE CO-PAYMENT PROCEDURES › Rule 1 - General Provisions; Applicability › Section 1-8 - "Offender" defined

Current through July 10, 2024
Authority: IC
				  11-10-3-5
Affected: IC
				  11-10-3
Sec. 8.
"Offender" means any person committed to the department and
				  who is housed in a department facility.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 7 - OFFENDER HEALTH CARE CO-PAYMENT PROCEDURES › Rule 1 - General Provisions; Applicability › Section 1-9 - "Psychotropic medication" defined

Current through July 10, 2024
Authority: IC
				  11-10-3-5
Affected: IC
				  11-10-3-5
Sec. 9.
"Psychotropic medication" means a drug or substance which
				  exerts an effect upon the mind and is capable of modifying mental
				  activity.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 7 - OFFENDER HEALTH CARE CO-PAYMENT PROCEDURES › Rule 1 - General Provisions; Applicability › Section 1-10 - Applicability of article

Current through July 10, 2024
Authority: IC
				  11-10-3-5
Affected: IC
				  11-10-3
Sec. 10.
(a) This
				article is applicable to all offenders committed to the department, except
				those offenders who:
(1) maintain a policy of
				health care insurance from a private company that will be in effect during the
				offender's incarceration and will cover:
(A)
				medical care;
(B) dental
				care;
(C) eye care; or
(D) any other health care related service;
				or
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 7 - OFFENDER HEALTH CARE CO-PAYMENT PROCEDURES › Rule 2 - Health Care Services › Section 2-1 - Access

Current through July 10, 2024
Authority: IC
				  11-10-3-5
Affected: IC
				  11-10-3
Sec. 1.
(a) All
				offenders shall be entitled to the following:
(1) Medical care, medical personnel, and
				medical facilities of a quality complying with applicable state licensing
				requirements.
(2) First-aid or
				emergency treatment on a twenty-four (24) hour basis.
(3) Mental health care by a psychiatrist, a
				psychologist, or another mental health professional.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 7 - OFFENDER HEALTH CARE CO-PAYMENT PROCEDURES › Rule 2 - Health Care Services › Section 2-2 - Covered health care services

Current through July 10, 2024
Authority: IC
				  11-10-3-5
Affected: IC
				  11-10-3
Sec. 2.
Unless specifically exempted from this chapter, all health
				  care services provided by the department shall require an offender co-payment.
				  Co-payments shall not be required for the following:
(1) Mental health services.
(2) Substance abuse services.
(3) Staff-initiated contacts, such as the
				following:
(A) Initial health care
				screenings.
(B) Transfer
				screenings.
(C) Annual or age
				appropriate screenings.
(D) Written
				referrals from one (1) health care professional to another.
(E) Follow-up appointments with specialists
				or designated health care professionals.
Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 7 - OFFENDER HEALTH CARE CO-PAYMENT PROCEDURES › Rule 2 - Health Care Services › Section 2-3 - Amount of co-payments

Current through July 10, 2024
Authority: IC
				  11-10-3-5
Affected: IC
				  11-10-3
Sec. 3.
(a) The
				amounts charged for covered health care shall be as follows:
(1) For all offender-initiated contact with a
				covered health care professional (including physicians, nurses, dentists,
				optometrists, and specialists in the medical, dental, or optometric fields),
				five dollars ($5).
(2) For all
				initial prescriptions of medications or medications provided, at a single
				visit, with the exception of psychotropic and neuroleptic medications, five
				dollars ($5).