Kentucky Administrative Regulations › Title 505 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF JUVENILE JUSTICE › Chapter 2 - Juvenile Detention Facilities › Section 505 KAR 2:200 - Physical plant

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 15A.210-15A.240,
				28 C.F.R.
				31.303
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				15A.210 requires the Department of Juvenile
				Justice to promulgate administrative regulations governing the operation of
				juvenile detention centers and juvenile holding facilities, including the
				physical plant. This administrative regulation governs the physical plants at
				juvenile detention centers and juvenile holding facilities.
Section 1.
(1) The facility shall conform to all
			 applicable zoning ordinances or, through legal means, attempt to comply with or
			 change the laws, codes or zoning ordinances.
(2) The facility shall conform to all
			 applicable state building codes.
(3) If the facility is on the grounds of any
			 other type of corrections facility, federal and state regulations requiring
			 sight and sound separation from adults shall be maintained.
(4) A juvenile detention facility shall be
			 primarily designed for single cell sleeping areas; multiple-occupancy dorms or
			 double-occupancy cells shall not exceed twenty (20) percent of the bed capacity
			 of the facility.
(5) If the
			 population of a county-operated facility exceeds the rated capacity, the chief
			 district judge, the district judge with jurisdiction for the juvenile matters,
			 the county judge executive and the Department of Juvenile Justice shall be
			 notified by the facility administrator.
(6) The facility shall be utilized so that
			 juveniles can be grouped in accordance with a classification plan.
(7) If seriously ill, mentally disordered,
			 injured or nonambulatory juveniles are held in the facility, there shall be at
			 least one (1) single-occupancy cell or room for them that provides for
			 continuing staff observation.
(8)
			 The facility shall have exits that are properly positioned, clear, and
			 distinctly and permanently marked in order to ensure the timely evacuation of
			 juveniles and staff in the event of fire or other emergency. All housing areas,
			 and places of assembly for fifty (50) or more persons, shall have two (2)
			 exits.
(9) The facility perimeter
			 shall be secured in a way that juveniles remain within the perimeter and that
			 access by the general public is denied without proper authorization.
(10) Facilities in operation before July 1,
			 1987 shall be operated with day rooms of no more than twenty-five (25)
			 juveniles each.
(11) The facility
			 shall have living units of no more than twenty-five (25) juveniles.
(12) All housing areas shall provide for, at
			 a minimum:
(a) Lighting as determined by the
			 tasks to be preformed;
(b) Toilets
			 at a minimum ratio of one (1) for every twelve (12) juveniles in male
			 facilities and one (1) for every eight (8) juveniles in female facilities.
			 Urinals may be substituted for up to one-half (1/2) of the toilets in male
			 facilities. Wash basins shall be provided at a minimum ratio of one (1) basin
			 for every twelve (12) occupants;
(c) Showers accessible to
			 juveniles;
(d) A heating and
			 ventilation and acoustical system to ensure healthful and comfortable living
			 and working conditions for juveniles and staff; and
(e) Access to a drinking fountain.
(13) If the facility houses male
			 and female juveniles, space shall be provided for cocorrectional
			 activities.
(14) Space shall be
			 provided for the secure storage of chemical agents, restraining devices and
			 related security equipment, and the equipment shall be located in an area that
			 is readily accessible to authorized persons.
(15) Water for showers shall be
			 temperature-controlled.
(16) Single
			 sleeping rooms shall have at least seventy (70) square feet of floor space and
			 juveniles shall be provided activities and services outside their rooms at
			 least twelve (12) hours a day.
(17)
			 All sleeping rooms in detention facilities shall have, at a minimum:
(a) Access to the following approved penal
			 sanitation facilities:
1. Toilet above floor
			 level which is available for use without staff assistance twenty-four (24)
			 hours a day;
2. Wash basin and
			 drinking water;
3. Hot and cold
			 running water;
(b) An
			 approved penal bed above floor level and storage space; and
(c) Natural light. Facilities existing and
			 operating on July 1, 1987 shall be exempt from the requirement that each
			 sleeping room have natural light.
(18) At least thirty-five (35) square feet of
			 floor space per juvenile shall be provided in the day room on each living
			 unit.
(19) Male and female
			 juveniles shall not occupy the same sleeping room.
(20) Ventilation shall be available in the
			 event of a power failure.
(21) The
			 total indoor activity areas outside the sleeping area shall provide space of at
			 least 100 square feet per juvenile.
(22) There shall be at least fifteen (15)
			 square feet of floor space per person for those occupying the dining room or
			 dining area. Meals may be served outside the cells or sleeping areas.
(23) If the facility provides food service,
			 the kitchen shall have at least 200 square feet of floor space.
(24) School classrooms shall be designed in
			 conformity with local or state educational requirements except that all
			 juvenile detention facilities shall be exempt from the requirement to have
			 operable windows for rescue and ventilation.
(25) There shall be a visiting area that
			 allows for privacy during visits.
(26) There shall be a well-drained outdoor
			 recreation area for all new, renovated and existing facilities.
(27) Space shall be available for religious
			 services.
(28) The facility shall
			 have a central medical room with medical examination facilities.
(29) If there is a confinement room separate
			 from the living unit, it shall be equipped with plumbing and security
			 furniture.
(30) There shall be
			 interview space available in or near the living unit.
(31) The office in each housing unit shall
			 have a telephone and enable supervision of the general living area; it shall be
			 used for communications, staff conferences and storage of unit
			 records.
(32) There shall be secure
			 storage space provided for storage of juveniles' property and personal
			 belongings.
(33) There shall be
			 storage rooms for clothing, bedding and facility supplies.
(34) Closets for storage of cleaning supplies
			 and equipment shall be located in each principal area and shall be well
			 ventilated.
(35) Separate and
			 adequate space shall be provided for mechanical equipment
(36) There shall be a written plan for
			 preventive maintenance of the physical plant with provisions for emergency
			 repairs or replacement of equipment. This plan shall be reviewed annually and
			 updated if needed.
(37) There shall
			 be documentation by an independent, qualified source that the interior
			 finishing material in juvenile areas, exit areas and places of public assembly
			 are in accordance with recognized national fire safety codes.
(38) The facility shall issue and enforce
			 written policy and procedure providing that a new detention facility shall be
			 built or the existing facility expanded after a needs evaluation study has been
			 prepared by the agency in conjunction with the juvenile court and the
			 Department of Juvenile Justice.
(39) Prior to plans development for
			 newly-planned facilities, a written program philosophy shall be developed for
			 the facility, which includes:
(a) Statement of
			 general goals and purposes of the facility;
(b) Description of the facility, including
			 statutory authority and services to be provided.
(c) Analysis of projected workload, staffing,
			 programs and operating and capital budgets;
(d) Assessment of the impact of the facility
			 on overall operation of the parent agency;
(e) Justification for the facility;
(f) Analysis of alternative means for
			 achieving the same goals;
(g)
			 Description of space requirements;
(h) Outline of budget and time restrictions;
			 and
(i) Study of alternate ways of
			 satisfying space requirements, including leasing, renovation and new
			 construction.
(40) Each
			 living unit shall be designed so that individual rooms, day rooms and program
			 staff offices are in close proximity to juveniles for purposes of communication
			 and interaction.
(41) Disabled
			 juveniles shall be housed in a manner that provides for their safety and
			 security. Cells or housing units used by them shall be designed for their use,
			 and provide the maximum possible integration with the general population.
			 Appropriate institution programs and activities shall be accessible to disabled
			 juveniles confined in the facility.
(42) All parts of the facility that are
			 accessible to the public shall be accessible to and usable by disabled staff
			 and visitors.
(43) There shall be a
			 day room for each housing unit or detention room cluster. The room shall have a
			 minimum of thirty-five (35) square feet of floor space per juvenile for the
			 maximum number using the day room at one (1) time and shall be separate and
			 distinct from the sleeping area, which is immediately adjacent and
			 accessible.