Kentucky Administrative Regulations › Title 505 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF JUVENILE JUSTICE › Chapter 2 - Juvenile Detention Facilities › Section 505 KAR 2:060 - Security and control

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 15A.210-15A.240
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				15A.210 mandates that the Department of
				Juvenile Justice issue administrative regulations governing juvenile detention
				centers and juvenile holding facilities.
Section
			 1.
(1) There shall be a manual
			 containing the facility's policies and procedures for security and control,
			 which shall include detailed instructions for implementing these procedures.
			 The manual shall be made available to all personnel and shall be reviewed
			 annually and updated as necessary.
(2) The facility shall maintain a control
			 center.
(3) There shall be a
			 minimum of two (2) youth care workers on duty at all times in the facility, one
			 (1) of whom is female when females are housed in the facility and one (1) of
			 whom is male when males are housed in the facility. The general staffing ratio
			 shall be one (1) youth care worker to every ten (10) residents or fraction
			 thereof during waking hours. The circumstances of particular facilities shall
			 be taken into consideration as waiver requests are received by the Department
			 of Juvenile Justice.
(a) If a waiver from this
			 standard is desired, the responsible local authority shall submit a written
			 request to the Department of Juvenile Justice. The written request shall
			 include:
1. Identification and description of
			 the specific problems involved in meeting the staffing ratio
			 requirement.
2. A description of
			 the needed ratio change, including identification of supporting
			 factors.
3. A description of the
			 classification to be used, additional staffing alternatives and
			 programming.
4. Sufficient
			 documentation demonstrating that the waiver, if granted, does not jeopardize
			 the security or supervision of juveniles and programs, or the safe, healthful,
			 and efficient operation of the facility.
(b) The Department of Juvenile Justice may
			 grant a waiver of the minimum staffing ratio for an existing facility if it
			 determines:
1. That strict compliance may
			 cause unreasonable difficulties in securing housing for juvenile offenders;
			 and
2. That a waiver does not
			 seriously effect the security or supervision of juveniles and programs, or the
			 safe, healthful and efficient operation of the facility.
(c) A waiver, if granted by the Department of
			 Juvenile Justice, shall apply only to the petitioner for the period of time
			 specified and may include conditions imposed by the department. A waiver shall
			 not be granted for longer than twelve (12) months. A waiver granted for a
			 twelve (12) month period shall be reviewed at the end of the period for
			 reapproval.
(4) The
			 facility shall adopt written policy and procedure which governs the
			 availability, control and use of chemical agents and related security devices.
			 Chemical agents and related security devices shall be used only at the
			 direction of the facility administrator or designee. Oleoresin capsicum spray
			 shall be of an organic nature. The use of mace is prohibited. A written report
			 shall be prepared following all use of force and shall be submitted to the
			 facility administrator. These reports shall be kept in a file labeled as such
			 and maintained for review by the Department of Juvenile Justice.
(5) Written policy and procedure shall
			 require that all security perimeter entrances, exterior doors and all doors the
			 facility administrator determines should be locked are kept locked except when
			 used for admission or exit of employees, detained juveniles or visitors, and in
			 emergencies.
(6) The facility shall
			 have a system to physically count juveniles that includes strict accountability
			 for juveniles assigned to work and educational release, furloughs and other
			 approved, temporary absences.
(7)
			 The facility shall adopt and enforce written policies and procedures which:
(a) Require that supervisory staff maintain a
			 permanent log and prepare shift reports that record routine and emergency
			 situations;
(b) Provide for
			 notifying appropriate staff of increases and decreases in the population, on a
			 shift-by-shift basis;
(c) Provide
			 for weekly inspection and maintenance of security devices; corrective action is
			 initiated when necessary;
(d)
			 Require that line supervisory staff inspect every area of the facility daily
			 and submit a written report to an administrative official for review whenever
			 deficiencies are noted;
(e) Require
			 that the facility administrator or designee and other department heads inspect
			 the facility's living and activity areas at least weekly;
(f) Provide that staff regulate juvenile
			 movement;
(g) Govern the control
			 and use of keys;
(h) Govern the
			 control and use of tools, medical and culinary equipment;
(i) Provide that all persons injured in an
			 incident, as defined in subsection (10) of this section, receive an immediate
			 medical examination and treatment;
(j) Provide for a communications system
			 within the facility, and between the facility and the community, in the event
			 of an emergency;
(k) Provide that
			 the facility maintains a written record of routine and emergency distribution
			 and use of restraint equipment;
(l)
			 Provide that instruments of restraint are never applied as punishment and are
			 applied only with the approval of the facility administrator or
			 designee;
(m) Govern safety and
			 security precautions pertaining to facility and staff vehicles;
(n) Govern the transportation of juveniles
			 outside the facility and from one (1) jurisdiction to another; and
(o) Limit the use of physical force to
			 instances of self-protection, protection of the juveniles or others, prevention
			 of property damage, prevention of escapes and in accordance with appropriate
			 statutory authority. In no event shall physical force be justifiable as
			 punishment. A written report shall be prepared following all uses of force and
			 shall be submitted to the facility administrator.
(8) The written plan for searches of the
			 facility and juveniles to control contraband shall be reviewed by legal counsel
			 to ascertain the legality of the plan.
(9) The policy regarding searches for the
			 control of contraband shall be published, made available to staff and
			 juveniles, reviewed at least annually and updated if necessary.
(10) The taking of hostages, use of restraint
			 equipment, use of physical force, and all other special incidents shall be
			 reported in writing, dated, and signed by the staff person reporting the
			 incident. The report shall be placed in the juvenile's case record and reviewed
			 by the facility administrator and the parent agency.
(11) Except in emergency situations, as
			 determined by the facility administrator, firearms shall not be permitted in
			 the facility.
(12) There shall be
			 written operational shift assignments or post orders that state the duties and
			 responsibilities for each assigned position in the facility. These shift
			 assignments shall be reviewed at least annually and updated if
			 necessary.
(13) There shall be
			 written procedures for handling escapes, runaways and unauthorized absences.
			 These procedures shall be reviewed at least annually and updated as
			 necessary.
(14) The facility shall
			 adopt written plans that: specify procedures to be followed in emergency
			 situations, e.g., fire, disturbance, taking of hostages. These plans shall be
			 made available to all applicable personnel and they shall be reviewed and
			 updated at least annually.
(15) The
			 facility shall adopt written plans which govern space arrangements and
			 procedures to follow in the event of a group arrest that exceeds the maximum
			 capacity of the juvenile detention facility. These plans shall be reviewed
			 annually and updated if necessary.
(16) The facility shall adopt a written plan
			 that provides for continuing operations in the event of a work stoppage or
			 other job action. Copies of this plan shall be available to supervisory
			 personnel, who are required to familiarize themselves with it.
(17) Power generators, where present, shall
			 be tested at least every two (2) weeks and other emergency equipment and
			 systems shall be tested a least monthly for effectiveness and repaired or
			 replaced as necessary.
(18) Written
			 policy and procedure shall provide for the following:
(a) A visual inspection, strip search, or
			 body cavity search shall not be conducted unless there is a reasonable belief
			 that a juvenile is carrying contraband or other prohibited material.
(b) A manual or instrument inspection of a
			 juvenile's body cavities shall not be conducted unless authorized by the
			 facility administrator or designee. This type of inspection shall be done by a:
1. Licensed physician;
2. Registered nurse;
3. Licensed practical nurse; or
4. Physician assistant.
(c) A strip search shall be conducted by a
			 staff member of the same sex, with a documented account submitted to the
			 facility administrator. This type of search shall not be conducted unless a
			 juvenile is entering the facility or the requirements of paragraph (a) of this
			 subsection are met.
(19)
			 Transportation, other than facility provided, shall be available for use in
			 emergencies.
(20) Incidents
			 involving riots, escapes, the death or serious injury of a juvenile or a staff
			 member, the taking of hostages, facility fire or other natural disasters
			 affecting the facility, suicide, and suicide attempts resulting in injury shall
			 be reported in writing to the Department of Juvenile Justice within forty-eight
			 (48) hours, exclusive of weekends or holidays.