reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 31 - Public Safety › Part 9 - REGULATION REGARDING THE LICENSURE OF JUVENILE DETENTION FACILITIES › Chapter 2 - Classification, Assessment, Healthcare And Data › Rule 31-9-2.7 - Classification Decisions

Current through June 25, 2024
1. Upon admission,
				staff make housing, bed, programming, education, and work assignments in
				accordance with written classification policies. Staff provide youth with
				heightened supervision until they have collected the information necessary to
				fully classify youth. The facility administrator or his/her designee regularly
				reviews the process and any decisions that depart from established
				policies.
2. As part of the
				classification process, within 72 hours, staff consider the following
				information with the goal of keeping all youth safe and promoting their
				physical and emotional well-being:
a. Age;
b. Gender;
c. Separation of violent from non-violent
				youth;
d. Level of emotional and
				cognitive development;
e. Current
				charges and offense history;
f.
				Physical size and stature;
g.
				Presence of intellectual or developmental disabilities;
h. Physical disabilities;
i. Presence of mental health needs;
j. The youth's own perception of
				vulnerability;
k. Suicide risk;
l. Prior sexual victimization or
				abusiveness;
m. Any gender
				nonconforming appearance or manner or identification as lesbian, gay, bisexual,
				transgender, gender non-conforming, two-spirited, or intersex, and whether the
				youth may therefore be vulnerable to sexual abuse; and
n. Any other specific information about
				individual youth that may indicate heightened needs for supervision, additional
				safety precautions, or separation from certain other youth (youth's affiliation
				with a gang without more specific information does not qualify).
Mississippi Administrative Code › Title 31 - Public Safety › Part 9 - REGULATION REGARDING THE LICENSURE OF JUVENILE DETENTION FACILITIES › Chapter 2 - Classification, Assessment, Healthcare And Data › Rule 31-9-2.8 - Admission Screenings

Current through June 25, 2024
1. Youth receive
				physical and mental health screenings in a confidential setting conducted by
				detention facility staff upon admission to the facility. Female detention
				facility staff are available to conduct the screening for females.
2. The admission screening is a brief
				screening immediately upon arrival meant to detect any urgent health or mental
				health issues and to identify ongoing health concerns that require immediate
				attention, including the continuation of prescribed medication. The screening
				reflects the different health issues in the male and female populations and
				includes:
a. Inquiry into current and past
				illnesses, and history of medical and mental health problems and conditions,
				including:
i. Medical, dental, and
				psychiatric/mental health problems (including all past mental health diagnoses,
				treatment, and suicide attempts), and infectious and communicable diseases.
ii. Medications needed for ongoing
				conditions and other special health needs.
iii. Allergies.
iv. Symptom screening for tuberculosis
				including questions regarding cough, night sweats, weight loss, or recent
				exposure to someone who might have tuberculosis.
v. Use of drugs or alcohol, including types,
				methods of use, amounts, frequency, time of last use, previous history of
				problems after ceased use, and any recent hiding of drugs in his/her
				body.
vi. Recent injuries (e.g.,
				injuries at or near the time of arrest).
vii. History of gynecological problems,
				pregnancies, and current pregnancy status and related medical needs. viii.
				Names and contact information for physicians and clinics treating youth in the
				community, as well as health insurance information. ix. Name of an adult family
				contact.
Mississippi Administrative Code › Title 31 - Public Safety › Part 9 - REGULATION REGARDING THE LICENSURE OF JUVENILE DETENTION FACILITIES › Chapter 2 - Classification, Assessment, Healthcare And Data › Rule 31-9-2.9 - Health Assessments

Current through June 25, 2024
1. Youth are to
				receive a health assessment, including medical and mental assessment, soon
				after admission and in no case later than one week after admission.
2. The medical assessment portion of the
				health assessment includes:
a. Review of
				screening results and collection of additional data to complete the medical,
				dental, and mental health histories.
b. Review with the parent or guardian (by
				phone or in person) the physical and mental health issues of the youth, making
				best efforts to protect confidential information.
c. A detailed history of potentially
				preventable risks to life and health including: smoking, drug use (including
				alcohol), unsafe sex practices, if interpersonal conflict is resolved with
				violence, use of weapons, eating patterns, and physical activity.
d. A pregnancy test for sexually active
				females.
e. Review of immunization
				history and scheduling or provision of needed updates in accordance with the
				Advisory Committee on Immunization Practices (ACIP) guidelines.
f. Recording of height, weight (and body mass
				index by chart), pulse, blood pressure, temperature, and results of other tests
				and examinations.
g. Referral of
				girls for gynecological examinations where clinically indicated.
h. Review of the results of medical
				examination and tests, and initiation of treatment when appropriate.
i Contact with youth's medical professional
				in the community as needed to ensure continuity of medical treatment.
Mississippi Administrative Code › Title 31 - Public Safety › Part 9 - REGULATION REGARDING THE LICENSURE OF JUVENILE DETENTION FACILITIES › Chapter 2 - Classification, Assessment, Healthcare And Data › Rule 31-9-2.10 - Healthcare Services

Current through June 25, 2024
1. The facility
				provides diagnosis and treatment, or arranges for the treatment, for conditions
				discovered during the screening and assessment of youth and for youth with
				medical problems that arise after admission as long as juvenile is under the
				care of the facility.
2. Chronic
				disease care shall be provided by qualified health professionals who have
				appropriate training.
3. Written
				policies, procedures, and actual practices ensure that:
a. Sick call for detained youth is accessible
				every day.
b. Youth may request to
				be seen by qualified health professionals without disclosing the medical reason
				and without non-health care staff evaluating the legitimacy of the request.
c. Youth requesting sick call see
				a qualified health professional.
Mississippi Administrative Code › Title 31 - Public Safety › Part 9 - REGULATION REGARDING THE LICENSURE OF JUVENILE DETENTION FACILITIES › Chapter 2 - Classification, Assessment, Healthcare And Data › Rule 31-9-2.11 - Dental Services

Current through June 25, 2024
1. Youth receive a
				dental screening by the facility's contracted health professional. The
				screening takes place soon after admission, and in no case later than a week
				after admission. The screening includes:
a.
				Visual observation of the teeth and gums.
b. Immediate referral to a dentist for any
				obvious or gross abnormalities.
Mississippi Administrative Code › Title 31 - Public Safety › Part 9 - REGULATION REGARDING THE LICENSURE OF JUVENILE DETENTION FACILITIES › Chapter 2 - Classification, Assessment, Healthcare And Data › Rule 31-9-2.12 - Mental Health Services

Current through June 25, 2024
1. Facility shall
				contract with Qualified Mental Health Professionals (QMHP) to provide
				appropriate mental health assessments and mental health services to youth
				referred by staff as needing mental health services.
2. Youth with identified mental and/or
				behavioral health needs upon shall receive an evaluation by a QMHP and ongoing
				mental health services in accordance with a treatment plan. The treatment plan
				includes:
a. Identification of the mental
				and/or behavioral health issues.
b.
				Any medication or medical course of action to be pursued.
c. Planned activities to monitor the efficacy
				of any medication or the possibility of side effects.
d. A description of any behavioral management
				plan or strategies to be undertaken.
e. A description of any counseling or
				psychotherapy to be provided.
f. A
				determination of whether the type or level of treatment can be provided in the
				detention facility.
g. A plan for
				monitoring the course of treatment.
h. Any necessary modifications to the
				standard use of force and restraint procedures.
i. A transition plan for when the youth
				leaves the care of the facility.
Mississippi Administrative Code › Title 31 - Public Safety › Part 9 - REGULATION REGARDING THE LICENSURE OF JUVENILE DETENTION FACILITIES › Chapter 2 - Classification, Assessment, Healthcare And Data › Rule 31-9-2.13 - Administration of Prescription Medications

Current through June 25, 2024
1. Qualified health
				or mental health professionals regularly monitor and document youth on
				psychotropic or other regular medications.
2. Only individuals permitted under state law
				and regulations administer medication to youth.
3. Qualified health professionals administer
				medications in a manner that protects the youth's medical confidentiality.
4. Youth with conditions that
				require immediate use of medication are provided immediate access to their
				medication.
5. The medical
				authority complies with state and federal laws and regulations regarding
				procuring, prescribing, dispensing, administering, and disposing of
				pharmaceuticals.
6. Written
				policies, procedures, and actual practices provide for continuity of medication
				while youth are in the facility.
7.
				Medications are stored in proper environmental conditions (e.g., temperature,
				light, moisture, ventilation), with attention to safety (segregation of
				medications for external versus internal use) and security.
8. Qualified mental health and health
				professionals document that the youth and youth's family have been explained
				the importance of continuing the current medication regimen upon the youth's
				release from the facility. Youth on psychotropic medications who require
				continuing care upon release shall be linked to community-based resources for
				ongoing oversight and care.
9.
				Facility shall maintain on premises or through contacted health professionals,
				a supply of antidotes and emergency medications.
10. Facility shall maintain accessible
				contact information for the appropriate parties in case of overdoses or
				toxicological emergencies.
Miss. Code Ann.
				  §§
										43-21-901
				  to
				  43-21-915
				  (Rev. 2016).
Mississippi Administrative Code › Title 31 - Public Safety › Part 9 - REGULATION REGARDING THE LICENSURE OF JUVENILE DETENTION FACILITIES › Chapter 2 - Classification, Assessment, Healthcare And Data › Rule 31-9-2.14 - Medical, Mental Health, and Dental Records

Current through June 25, 2024
1. Written
				policies, procedures, and actual practices ensure that access to confidential
				information is limited to staff with a "need to know" basis, consistent with
				professional rules of ethics, applicable state and federal laws. Written
				policies, procedures, and actual practices ensure that staff share information
				where appropriate to provide for safety, security, health, treatment, and
				continuity of care for youth.
2.
				Medical and mental health professionals communicate instructions to custodial
				staff for youth with special needs, as appropriate.
3. Staff record and treat medical, mental
				health, substance abuse, and dental information as confidential.
4. Medical, mental health, substance abuse,
				and dental records are maintained and stored separately from confinement
				records.
5. There is a record for
				each child that includes screening forms, assessment records, findings,
				diagnoses, treatments, prescribed medications and records of administration,
				lab test records, consent or refusal forms, insurance information, discharge
				summaries, and reports from other health providers.
Miss. Code Ann.
				  §§
										43-21-901
				  to
				  43-21-915
				  (Rev. 2016).
Mississippi Administrative Code › Title 31 - Public Safety › Part 9 - REGULATION REGARDING THE LICENSURE OF JUVENILE DETENTION FACILITIES › Chapter 3 - Programming & Access › Rule 31-9-3.2 - Exercise, Recreation & Other Programs

Current through June 25, 2024
1. Staff shall
				keep youth occupied through a comprehensive multi-disciplinary program. Staff
				post and adhere to a daily schedule of activities in each living unit that
				incorporates both structured and free time.
a. Staff shall log the date and reasons for
				any deviations from scheduled activities.
Mississippi Administrative Code › Title 31 - Public Safety › Part 9 - REGULATION REGARDING THE LICENSURE OF JUVENILE DETENTION FACILITIES › Chapter 3 - Programming & Access › Rule 31-9-3.3 - Religion

Current through June 25, 2024
1. Facility provides youth the opportunity to
				participate in organized religious activities. Youth are not compelled to
				participate in religious activities.
2. Facility provides youth the opportunity to
				meet or speak with clergy of the religion of their choice.
3. Facility provides youth any special diet
				to accommodate a sincerely held religious belief.
4. Youth are allowed religious books and
				reading materials in their rooms.
5. Staff do not restrict religious practices
				and materials absent a compelling government interest.
Miss. Code Ann.
				  §§
										43-21-901
				  to
				  43-21-915
				  (Rev. 2016).
Mississippi Administrative Code › Title 31 - Public Safety › Part 9 - REGULATION REGARDING THE LICENSURE OF JUVENILE DETENTION FACILITIES › Chapter 3 - Programming & Access › Rule 31-9-3.4 - Positive Behavior Management

Current through June 25, 2024
1. Facility shall
				maintain a written behavior management system to provide a graduated scale of
				incentives for positive behavior.
2. Facility shall explain the behavior
				management system's rewards and sanctions system during orientation.
3. Staff shall implement the rewards and
				sanctions system fairly and consistently.
4. The behavior management system is
				facility-wide and a youth's status or points in accordance with the behavior
				management system follows the youth in the event the youth is transferred from
				one unit to another.
5. To the
				extent possible, the culture of the facility shall emphasize rewarding success
				in lieu of focusing on or punishing failure.
Miss. Code Ann.
				  §§
										43-21-901
				  to
				  43-21-915
				  (Rev. 2016).
Mississippi Administrative Code › Title 31 - Public Safety › Part 9 - REGULATION REGARDING THE LICENSURE OF JUVENILE DETENTION FACILITIES › Chapter 3 - Programming & Access › Rule 31-9-3.5 - Mail

Current through June 25, 2024
1. Staff do not limit the number of letters a
				youth may receive, including youth on any disciplinary status. Staff provide
				youth with a reasonable amount of paper, access to writing implements, postage
				for correspondence and encourage youth to write to their families, including
				youth on any disciplinary status.
2. Staff shall only read mail upon reasonable
				suspicion based on specific information that the mail itself constitutes a
				criminal act or threat to the security of the facility, youth, or staff. Such
				specific information should be documented and maintained by the facility.
3. Staff may open mail for youth
				outside their presence if they have reasonable suspicion to believe that the
				mail contains contraband or other threats to the security of the facility,
				youth, or staff.
4. The facility
				shall establish written policies, procedures, and actual practices regarding
				mail to ensure staff, youth, and their families and guardians understand any
				limitations on those persons with whom the youth may correspond.
a. In the event that the facility or child
				knows that the child's parent or guardian is incarcerated, and the child is
				permitted to communicate with that parent or guardian, the facility shall
				assist the youth in communicating with that parent or guardian.
Mississippi Administrative Code › Title 31 - Public Safety › Part 9 - REGULATION REGARDING THE LICENSURE OF JUVENILE DETENTION FACILITIES › Chapter 3 - Programming & Access › Rule 31-9-3.6 - Telephone

Current through June 25, 2024
1. Facility shall provide youth with
				reasonable access to telephones.
2.
				After a connection is established, youth are permitted to talk on facility
				provided telephones for at least five minutes per call, at least twice a
				week.
3. Calls from youth are
				available free of charge or calls from youth are charged at reasonable rates.
				Staff make provisions to accommodate youth who need to make long distance
				calls.
4. Youth are permitted to
				use the telephone at times that are arranged in advance and that are convenient
				to staff and the recipient of the call.
5. Facility shall provide youth reasonable
				opportunities to make additional calls should the intended recipient not
				answer.
6. Facility shall make
				reasonable efforts to accommodate youth, parents, or guardians with hearing
				impairments when they wish to communicate with one another.
Miss. Code Ann.
				  §§
										43-21-901
				  to
				  43-21-915
				  (Rev. 2016).
Mississippi Administrative Code › Title 31 - Public Safety › Part 9 - REGULATION REGARDING THE LICENSURE OF JUVENILE DETENTION FACILITIES › Chapter 3 - Programming & Access › Rule 31-9-3.7 - Visitation

Current through June 25, 2024
1. The facility permits youth to visit with
				those individuals approved by the facility administrator or his/her designee or
				the youth court judge.
2. The
				facility establishes a process to ensure that undocumented family members who
				are otherwise approved for visitation may visit their children.
3. Facility shall employ policies which
				clearly describe:
a. who may visit youth;
b. the mode and manner of
				visitation;
c. if and when contact
				visits may be available;
d. how to
				request a contact visit;
e. how to
				request a special, non-posted visit;
f. if the visit requires special
				arrangements; and
g. the approval
				procedure for visitors.
Mississippi Administrative Code › Title 31 - Public Safety › Part 9 - REGULATION REGARDING THE LICENSURE OF JUVENILE DETENTION FACILITIES › Chapter 3 - Programming & Access › Rule 31-9-3.8 - Access to Counsel, the Courts, and Public Officials

Current through June 25, 2024
1.
				Mail to and from attorneys, the courts, or public officials is privileged.
				Staff may open such mail in the presence of youth to check for contraband only
				but may not read such mail.
2.
				Attorney visits may occur at all reasonable times during hours that youth are
				awake. Attorney visits are not limited to family visiting hours.
3. Facility provides a space for in-person
				confidential attorney conversations.
4. Facility provides youth with the
				opportunity for free and confidential phone calls to attorneys. Staff assist
				youth in obtaining the phone numbers of their attorneys, if necessary.
Miss. Code Ann.
				  §§
										43-21-901
				  to
				  43-21-915
				  (Rev. 2016).
Mississippi Administrative Code › Title 31 - Public Safety › Part 9 - REGULATION REGARDING THE LICENSURE OF JUVENILE DETENTION FACILITIES › Chapter 3 - Programming & Access › Rule 31-9-3.9 - Access to Outside Support Services Related to Sexual Misconduct

Current through June 25, 2024
1. Staff provide youth with access to outside
				victim advocates for emotional support services related to sexual abuse, by
				providing, posting, or otherwise making accessible mailing addresses and
				telephone numbers, including toll-free hotline numbers where available, of
				local, state, or national victim advocacy or rape crisis organizations. Staff
				enable reasonable communication between youth and these organizations and
				agencies, in as confidential a manner as possible.
2. Staff inform youth, prior to giving them
				access, of the extent to which such communications will be monitored and the
				extent to which reports of abuse will be forwarded to authorities in accordance
				with mandatory reporting laws.
Miss. Code Ann.
				  §§
										43-21-901
				  to
				  43-21-915
				  (Rev. 2016).
Mississippi Administrative Code › Title 31 - Public Safety › Part 9 - REGULATION REGARDING THE LICENSURE OF JUVENILE DETENTION FACILITIES › Chapter 4 - Restraints, Isolation, Due Process & Grievances › Rule 31-9-4.1 - Physical Force, Mechanical Restraints, and Chemical Agents

Current through June 25, 2024
1.
				Written policies, procedures, and actual practices ensure that:
a. Unit staff receive annual training in
				conflict management, de-escalation of confrontations, crisis intervention,
				management of assaultive behavior, and the facility's continuum of methods of
				control.
b. Unit staff receive
				annual training on situations in which use of physical force or mechanical
				restraints is or is not justified, permitted methods of physical force and
				restraints, appropriate techniques for application of force and restraints, and
				guidance to staff in deciding what level of physical force or restraints to use
				if that becomes necessary.
c. Unit
				staff follow a graduated set of interventions that limit the use of physical
				force or mechanical restraints, employ a range of interventions or actions
				before using force or restraints, and permit only that amount of force needed
				to ensure the safety of the minor and others.
i. Only staff specifically trained in the
				application of physical force and mechanical restraints may use such techniques
				or devices; staff only use approved techniques or devices.
Mississippi Administrative Code › Title 31 - Public Safety › Part 9 - REGULATION REGARDING THE LICENSURE OF JUVENILE DETENTION FACILITIES › Chapter 4 - Restraints, Isolation, Due Process & Grievances › Rule 31-9-4.2 - Isolation

Current through June 25, 2024
1. Facility shall have written policies and
				procedures in accordance with the following principles for the use of
				isolation:
a. Staff only use isolation if a
				youth's behavior threatens imminent harm to self or others or serious
				destruction of property.
b. Prior
				to using isolation, staff shall utilize less restrictive techniques, including
				de-escalation tactics.
c. Prior to
				using isolation, staff explain to the youth in the youth's primary language the
				reasons for the isolation, and the fact that he or she will be released upon
				regaining self-control.
d. Staff
				only keep youth in isolation for the amount of time necessary for the youth to
				regain self-control and no longer pose a threat. As soon as the youth's
				behavior ceases to threaten imminent harm to self or others or serious
				destruction of property, staff release the youth back to programming.
e. Staff notify the unit
				supervisor as soon as a youth is placed in isolation.
f. Youth are not kept in isolation for longer
				than one hour without explicit approval of the unit supervisor.
g. During the time that a youth is in
				isolation, staff provide one-on-one crisis intervention and observation at
				least every 15 minutes.
h. If a
				youth is in isolation for longer than one hour, a qualified mental health
				professional (QMHP) shall be notified and consulted as whether a crisis
				intervention plan is necessary.
i.
				Staff may not hold a youth in isolation for longer than four hours. If a QMHP
				determines that a youth needs to be in isolation for longer than four hours,
				staff arrange transportation for the youth to an appropriate health facility.
j. If at any time during
				isolation, the level of crisis service needed is not available in the current
				environment, the youth shall be transported to a location where those services
				can be obtained (e.g., medical unit of the facility, hospital).
k. Youth in isolation have reasonable access
				to food, water, toilet facilities, and hygiene supplies.
Mississippi Administrative Code › Title 31 - Public Safety › Part 9 - REGULATION REGARDING THE LICENSURE OF JUVENILE DETENTION FACILITIES › Chapter 4 - Restraints, Isolation, Due Process & Grievances › Rule 31-9-4.3 - Voluntary Time Outs

Current through June 25, 2024
1. Staff permit
				youth to have voluntary time outs for short periods of time at youth's request.
2. Staff document voluntary time
				outs.
Miss. Code Ann.
				  §§
										43-21-901
				  to
				  43-21-915
				  (Rev. 2016).
Miss. Code Ann.
				  §§
										43-21-901
				  to
				  43-21-915
				  (Rev. 2016). Rule 4.4 Due Process in
				  Discipline
Mississippi Administrative Code › Title 31 - Public Safety › Part 9 - REGULATION REGARDING THE LICENSURE OF JUVENILE DETENTION FACILITIES › Chapter 4 - Restraints, Isolation, Due Process & Grievances › Rule 31-9-4.4 - Due Process in Discipline

Current through June 25, 2024
1. Staff provide
				the youth in the youth's primary language with a written list of prohibited
				behaviors and the sanctions or consequences of such behaviors. Staff post the
				rules of the facility in all living units in English. Staff provide to each
				youth in the youth's primary language a written and verbal explanation of the
				rules and sanctions of the facility. Sanctions include less restrictive
				interventions in addition to room confinement.
2. Due process protections apply when youth
				may be subject to discipline for all major rule violations (i.e., when room
				confinement may last longer than four hours). Youth are entitled to due process
				hearings within 48 hours of the incident (excepting weekends and legal
				holidays) and prior to the youth serving time in room confinement as a
				sanction.
3. Youth receive
				procedural due process protections prior to the implementation of discipline as
				the result of a major rule violation including:
a. Written notice to the youth of the alleged
				rule violation, the due process hearing procedures, and appellate procedure.
b. A hearing before a disciplinary
				committee comprised of impartial staff, meaning staff who were not involved in
				the incident leading to the alleged rule violation. The disciplinary committee
				gathers evidence and investigates the alleged violation. During the hearing,
				the youth is allowed to be present provided he or she does not pose a safety
				threat to self or others. The youth may have a staff member of his/her choosing
				present for assistance. The youth is allowed to present his/her case and
				present evidence and/or call witnesses.
c. Upon request, consultation with a QMHP
				regarding the youth's ability to understand and participate in due process,
				whether a youth's disability or mental illness contributed to his or her
				behavior when determining appropriate sanction, and whether the youth is
				capable of serving any assigned sanctions.
d. Following the hearing, the disciplinary
				committee renders a decision finding the youth at fault or not.
e. The youth shall receive a written notice
				of the committee's decision with the reason(s) for the decision.
f. The youth may appeal an adverse finding to
				the facility administrator or his/her designee assigned to the facility.
Mississippi Administrative Code › Title 31 - Public Safety › Part 9 - REGULATION REGARDING THE LICENSURE OF JUVENILE DETENTION FACILITIES › Chapter 4 - Restraints, Isolation, Due Process & Grievances › Rule 31-9-4.5 - Room Confinement

Current through June 25, 2024
1. Youth are not
				automatically subjected to room confinement and/or isolation upon their
				admission to the facility.
2.
				Immediately upon a youth's placement in room confinement, staff notify the unit
				supervisor.
3. Staff may not keep
				youth in room confinement for longer than one hour without explicit approval of
				the unit supervisor. Staff may not keep youth in room confinement longer than
				four hours without explicit approval of the facility administrator or his/her
				designee.
4. Room confinement of
				more than 24 hours is reserved for the most serious violations, is approved by
				the facility administrator or his/her designee and is not to extend more than
				48 hours continuously.
5. If a
				youth is in room confinement longer than 24 hours, at least every 24 hours the
				facility administrator or his/her designee who was not involved in the incident
				reviews and determines whether it is appropriate to authorize release.
6. If the youth repeatedly engages
				in behavior which results in room confinement, the facility administrator or
				his/her designee develops an individualized behavior plan for the youth.
7. Staff document all incidents in
				which a youth is placed in room confinement, including the name of the youth,
				the date and time the youth was placed in room confinement, the circumstances
				leading up to the confinement, less restrictive sanctions considered, the
				person authorizing placement in room confinement, the staff or youth involved
				in the incident, and the date and time the youth was released from the
				confinement.
8. The facility
				administrator or his/her designee regularly reviews and analyzes the use of
				room confinement and maintains a file in his or her office for a period of at
				least one year after the incident of reports on all incidents in which youth
				are placed in room confinement. After a year all records are preserved and
				maintained pursuant to state laws and regulations.
9. Unit staff receive regular training on the
				appropriate use of, and alternatives to, room confinement.
10. Staff are to monitor youth in room
				confinement in at least fifteen (15) minute intervals. Staff should maintain a
				monitoring log.
11. Youth in room
				confinement have reasonable access to water, toilet facilities, and hygiene
				supplies.
Miss. Code Ann.
				  §§
										43-21-901
				  to
				  43-21-915
				  (Rev. 2016).
Mississippi Administrative Code › Title 31 - Public Safety › Part 9 - REGULATION REGARDING THE LICENSURE OF JUVENILE DETENTION FACILITIES › Chapter 4 - Restraints, Isolation, Due Process & Grievances › Rule 31-9-4.6 - Corporal Punishment

Current through June 25, 2024
Staff shall not use corporal punishment or cruel or
				  degrading punishment, either physical or psychological, at the facility.
Miss. Code Ann.
				  §§
										43-21-901
				  to
				  43-21-915
				  (Rev. 2016).
Mississippi Administrative Code › Title 31 - Public Safety › Part 9 - REGULATION REGARDING THE LICENSURE OF JUVENILE DETENTION FACILITIES › Chapter 4 - Restraints, Isolation, Due Process & Grievances › Rule 31-9-4.7 - Grievance Procedures

Current through June 25, 2024
1. Facility
				grievance procedures assure a method for the expression and resolution of youth
				grievances and complaints about any aspect of the facility and its operation,
				including medical and mental health services.
2. Every youth and the youth's parent(s) or
				guardian(s) have the right to file grievances without fear of retaliation.
3. Staff provide to each youth in
				the youth's primary language a written and verbal explanation of the grievance
				procedures. Both the explaining staff member and the youth sign a written
				grievance procedure acknowledgment form developed by the facility. Failure of
				the youth to sign the written acknowledgment does not invalidate an otherwise
				properly given written and verbal explanation of the facility's grievance
				procedures.
4. Informal Grievance
				and Resolution
a. All youth and/or the
				youth's parent or guardian are given the opportunity to solve their complaints
				informally by allowing them to express their feelings and concerns about the
				complaint with the shift supervisor and/or detention officer.
b. If an acceptable resolution is not
				attained at this level, the youth and/or parent or guardian may then choose to
				file a formal grievance verbally or in writing, with identification or
				anonymously.
c. Staff do not
				require youth to use any informal grievance process or otherwise attempt to
				resolve with staff alleged incidents of sexual abuse.
Mississippi Administrative Code › Title 31 - Public Safety › Part 9 - REGULATION REGARDING THE LICENSURE OF JUVENILE DETENTION FACILITIES › Chapter 5 - Physical Plant, Environment, and Safety › Rule 31-9-5.1 - Positive Institutional Atmosphere

Current through June 25, 2024
1. All persons in
				the facility are treated with respect. Written policies, procedures, and actual
				practices prohibit use of slurs, name-calling, and other disrespectful behavior
				by youth or staff.
2. Staff
				demonstrate an appropriate level of tolerance of normal adolescent behavior in
				their day-to-day working with youth.
3. The buildings and grounds are well
				maintained.
4. Staff recognize and
				celebrate important holidays, birthdays, and other dates of significance to
				youth.
5. Programming acknowledges,
				values and respects the diverse population of youth in the facility.
6. Youth are allowed to speak in their
				primary language. Staff may only impose restrictions for safety or emergency
				situations.
Mississippi Administrative Code › Title 31 - Public Safety › Part 9 - REGULATION REGARDING THE LICENSURE OF JUVENILE DETENTION FACILITIES › Chapter 5 - Physical Plant, Environment, and Safety › Rule 31-9-5.2 - Transportation

Current through June 25, 2024
1. Written policies and procedures shall
				govern the transportation of juveniles outside the facility and from one
				jurisdiction to another.
2.
				Transportation procedures and practice shall include, but not be limited to:
a. Precautions to prevent escape during
				transfer; and
b. documentation of
				current, appropriate licensure for each facility driver.
Mississippi Administrative Code › Title 31 - Public Safety › Part 9 - REGULATION REGARDING THE LICENSURE OF JUVENILE DETENTION FACILITIES › Chapter 5 - Physical Plant, Environment, and Safety › Rule 31-9-5.3 - Sanitation

Current through June 25, 2024
1. The facility shall comply with all local,
				state, and federal health and sanitation codes, and has documentation
				demonstrating such compliance.
2.
				Youth are encouraged, enabled, and expected to keep themselves, their rooms,
				and communal areas clean, but are not substitutes for professional janitorial
				staff.
3. Rooms, bathrooms, and
				common areas are clean and free of mold and debris.
4. Youth do not perform dangerous tasks
				(e.g., blood spill clean-up, floor stripping, use of hazardous chemicals, or
				roofing).
5. Youth do not perform
				housekeeping or other tasks that require them to miss school or interfere with
				normal sleeping hours.
6. The
				facility provides functioning toilets at a minimum ratio of at least one for
				every twelve youth in male units and one for every eight youth in female units.
				Urinals may be substituted for up to one-half of the toilets in male units. All
				housing units with five or more youth have a minimum of two toilets. Youth in
				"dry" rooms (without toilets) have immediate access to toilets. Immediate
				access per this regulation means no longer than a five (5) minute delay after a
				youth's request.
7. Youth have
				access to operable sinks with hot and cold running water in the housing units
				at a minimum ratio of one (1) basin for every twelve (12) youth.
8. Youth have access to operable showers with
				temperature-controlled hot and cold running water at a minimum ratio of one (1)
				shower for every eight (8) youth. Water for showers is thermostatically
				controlled to temperatures between 100- and 120-degrees Fahrenheit.
9. Facility shall be free of insect and/or
				rodent infestations.
10. Staff
				allow youth to take showers every day and allow youth an opportunity to groom
				themselves before court or any other important event (ie. visitation, funerals,
				meetings with counsel).
11. Staff
				allow youth to brush their teeth after breakfast and dinner.
12. Staff allow youth to wash their hands
				before meals and after activities that may cause the spread of germs.
13. Staff provide youth with clean
				underclothing and socks daily. Staff provide youth with clean outer clothing,
				except footwear, not less than twice a week.
14. Staff provide youth with clean bed linens
				at least once weekly. Staff provide youth with clean towels daily.
15. Staff disinfect mattresses after each
				youth moves out of the room, before the next youth occupies the room. Staff
				repair or remove from circulation any mattresses that cannot be properly
				disinfected. Staff also disinfect garment bags and other storage spaces that
				hold youth's personal clothes after each use.
16. In order to be utilized, furnishings must
				be in a condition appropriate for their expected use.
Miss. Code Ann.
				  §§
										43-21-901
				  to
				  43-21-915
				  (Rev. 2016).
Mississippi Administrative Code › Title 31 - Public Safety › Part 9 - REGULATION REGARDING THE LICENSURE OF JUVENILE DETENTION FACILITIES › Chapter 5 - Physical Plant, Environment, and Safety › Rule 31-9-5.4 - Food

Current through June 25, 2024
1. The facility's food services comply with
				applicable local, state, and federal sanitation and health codes. Facility
				maintains documentation demonstrating such compliance.
2. Youth receive at least three meals per
				day. Two meals are required to be served hot, one of which is required to be
				dinner. No more than 14 hours between the evening meal and breakfast. Facility
				shall provide juveniles at least one snack per day.
3. Youth in the facility receive a wholesome,
				appetizing, and nutritionally adequate diet.
4. The facility provides meals stored and
				served at safe temperatures.
5. The
				facility provides meals for youth with special dietary requirements, with
				proper documentation, including, but not limited to, youth with allergies,
				pregnant females, youth with dental problems, and youth with religious beliefs
				that require adherence to religious dietary observation or practice.
6. There is no infestation of insects or
				rodents in food, food preparation and storage areas, the kitchen, or the dining
				area(s).
7. Youth eat meals in a
				cafeteria or common area unless on isolation or room confinement.
8. Youth have a reasonable time, at a minimum
				20 minutes, for each meal.
9. Youth
				may/interact during meals absent safety or security reasons.
10. Staff may not withhold food for
				discipline. The facility does not serve deliberately unappetizing meals (e.g.,
				food loaf) to youth.
11. Staff
				follow up with youth who do not eat provided meals to determine the reason. If
				appropriate, staff initiate a medical or mental health referral.
Miss. Code Ann.
				  §§
										43-21-901
				  to
				  43-21-915
				  (Rev. 2016).
Mississippi Administrative Code › Title 31 - Public Safety › Part 9 - REGULATION REGARDING THE LICENSURE OF JUVENILE DETENTION FACILITIES › Chapter 5 - Physical Plant, Environment, and Safety › Rule 31-9-5.5 - Temperature, Ventilation, and Noise

Current through June 25, 2024
1. Temperatures in
				indoor areas are appropriate to seasonal comfort zones, with no unhealthy
				extremes.
2. Facility maintains
				adequate ventilation in indoor areas.
3. Comfortable and appropriate noise levels
				are maintained in the facility at all times.
Miss. Code Ann.
				  §§
										43-21-901
				  to
				  43-21-915
				  (Rev. 2016).
Mississippi Administrative Code › Title 31 - Public Safety › Part 9 - REGULATION REGARDING THE LICENSURE OF JUVENILE DETENTION FACILITIES › Chapter 5 - Physical Plant, Environment, and Safety › Rule 31-9-5.6 - Emergency Preparedness and Fire Safety

Current through June 25, 2024
1. The facility has
				an emergency preparedness plan that includes, but is not limited to, fire and
				fire prevention, severe weather, natural disasters, disturbances or riots,
				national security issues, and medical emergencies. The plan covers:
a. The identification of key personnel and
				adequate staff and their specific responsibilities during an emergency or
				disaster situation;
b. Agreements
				with other agencies or departments including communication protocols with
				everyone concerned. Needs of youth with special needs are met through
				agreements with those agencies that can provide the needed services.
c. Transportation to pre-determined
				evacuation sites including the transportation of medication. Other supplies
				including food, drinking water, first aid supplies, flashlights, batteries,
				etc.
d. Notification to families.
e. Needs of youth with
				disabilities in cases of an emergency.
f. Immediate release of youth from locked
				areas in case of an emergency, with clearly delineated responsibilities for
				unlocking doors.
Mississippi Administrative Code › Title 31 - Public Safety › Part 9 - REGULATION REGARDING THE LICENSURE OF JUVENILE DETENTION FACILITIES › Chapter 5 - Physical Plant, Environment, and Safety › Rule 31-9-5.7 - Lighting

Current through June 25, 2024
1. Individual rooms have adequate lighting,
				sufficient for reading.
2. The
				lights in youth rooms are turned out at night (or adequately darkened for
				sleep), unless the youth requests otherwise, or for security, health, or mental
				health reasons.
3. Dayroom and/or
				common areas used for recreation are adequately lit and include the use of
				natural light as much as possible.
Miss. Code Ann.
				  §§
										43-21-901
				  to
				  43-21-915
				  (Rev. 2016).
Mississippi Administrative Code › Title 31 - Public Safety › Part 9 - REGULATION REGARDING THE LICENSURE OF JUVENILE DETENTION FACILITIES › Chapter 5 - Physical Plant, Environment, and Safety › Rule 31-9-5.8 - Clothing and Personal Items

Current through June 25, 2024
1. Facilities
				should strive to provide detainees with non-prison-like clothing.
2. Youth wear their own underwear as approved
				by the facility or the facility provides them with clean and sanitized
				underwear. The facility provides girls with bras and underwear that fit and are
				appropriate for females. The facility allows transgender youth to wear
				underwear appropriate to their gender identity.
3. Youth receive outerwear that is
				appropriate to the season.
4. The
				facility housing units have lockers or other storage for youth's clothing and
				personal items.
5. Youth have
				access to adequate and culturally appropriate personal hygiene and toiletry
				supplies, including hygiene supplies specific for girls if girls are detained
				in the facility. Items that could allow for spread of germs are not shared
				among youth (e.g., common toothpaste tube, deodorant, etc.).
6. Youth receive clean bedding and linen and
				sufficient blankets to provide reasonable comfort.
Miss. Code Ann.
				  §§
										43-21-901
				  to
				  43-21-915
				  (Rev. 2016).
Mississippi Administrative Code › Title 31 - Public Safety › Part 9 - REGULATION REGARDING THE LICENSURE OF JUVENILE DETENTION FACILITIES › Chapter 5 - Physical Plant, Environment, and Safety › Rule 31-9-5.9 - Searches

Current through June 25, 2024
1. The facility shall maintain written
				policies, procedures, and actual practices governing searches of youth, the
				facility, and visitors in accordance with applicable law. The facility posts a
				summary of the search policy at the entrance to the facility; in the
				intake/admissions area, day rooms, or in a handbook given to each youth; and in
				visiting areas. Written procedures address each of the following:
a. Intake searches may include pat-downs,
				metal detector, or clothing searches. If the facility permits strip searches or
				visual body cavity searches upon intake, they are conducted in accordance with
				applicable law. Strip searches are conducted only at admission or when there is
				a reasonable belief that the juvenile is carrying contraband or other
				prohibited material. A second staff person shall observe the staff member
				conducting the search to verify that the search was conducted in accordance
				with agency policies.
i. Staff do not search
				or physically examine a transgender or intersex youth for the sole purpose of
				determining the youth's genital status.
ii. In the event a youth's gender is
				indeterminable, a qualified health professional shall be contacted to conduct a
				physical exam for the sole purpose of gender determination for youth
				classification and youth safety.
Mississippi Administrative Code › Title 31 - Public Safety › Part 9 - REGULATION REGARDING THE LICENSURE OF JUVENILE DETENTION FACILITIES › Chapter 5 - Physical Plant, Environment, and Safety › Rule 31-9-5.10 - Overcrowding, Adequate Living Space, and Privacy

Current through June 25, 2024
1. The
				total population of the facility and the population per unit does not exceed
				operational capacity.
2. The
				facility enables youth to shower, perform body functions, and change clothing
				without nonmedical staff of the opposite gender viewing their breasts,
				buttocks, or genitalia, except in exigent circumstances. Staff of the opposite
				gender entering a housing unit of the opposite gender shall announce their
				presence when entering.
3. The
				dayroom and/or common areas have sufficient chairs and tables to accommodate
				recreational activities.
4.
				Sleeping rooms are large enough to provide comfortable movement for in-room
				activities and hygiene for the number of youth in the room.
5. All new construction meets applicable
				standards pertaining to minimum square feet per youth. Portions of facilities
				that were built before the effective date of this standard are exempt from this
				requirement.
Miss. Code Ann.
				  §§
										43-21-901
				  to
				  43-21-915
				  (Rev. 2016).
Mississippi Administrative Code › Title 31 - Public Safety › Part 9 - REGULATION REGARDING THE LICENSURE OF JUVENILE DETENTION FACILITIES › Chapter 5 - Physical Plant, Environment, and Safety › Rule 31-9-5.11 - Youth are safe from physical assault, sexual misconduct, harassment, and intimidation by staff

Current through June 25, 2024
1. Written
				policies, procedures, and actual practices ensure that the facility
				administrator or his/her designee regularly reviews, and appropriately responds
				to, incident reports, grievances, child abuse reports, and other indicia of
				inappropriate behavior by staff.
2.
				The facility administrator or his/her designee compiles and analyzes monthly
				statistics of violence, use of restraints, use of isolation, and use of
				physical force.
3. Any and all
				sexual misconduct between staff and youth is prohibited. Written policies,
				procedures and actual practices ensure that employees observe professional
				boundaries between themselves and youth. The facility:
a. prohibits any inappropriate contact or
				correspondence with current or formerly detained youth or their family members;
				and
b. requires that staff notify
				the facility administrator or his/her designee whenever one of their relatives
				or friends is admitted to the facility.