Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 83 - JAIL STANDARDS BOARD - STANDARDS FOR JUVENILE DETENTION FACILITIES › Chapter 1 - DEFINITIONS AND PURVIEW › Section 83-1-008 - Definitions

Current through June 17, 2024
008.01
"Administrative/Management
				  Personnel"
shall mean the director, administrator, superintendent,
				  assistant director, and similarly classified positions who have primary
				  responsibility for management of the facility.
008.02
"Admission"
shall mean the point of
				  entry into a facility; during admission processing the juvenile receives an
				  orientation to facility rules and regulations. Assignment to living quarters
				  and to appropriate staff members is also completed at this
				  time.
008.03
"Agency"
shall mean the unit of a
				  governing authority which has direct responsibility for the operation of the
				  juvenile detention facility, including the implementation of policy as set by
				  the governing authority.
008.04
"Body Cavity Search"
shall mean the
				  examination and possible intrusion into the rectal or vaginal cavities to
				  detect contraband. It is performed only by the facility physician or medical
				  personnel.
008.05
"Booking"
shall mean both a law
				  enforcement process and a detention facility procedure. As a law enforcement
				  administrative action, it is an official recording of an arrest and the
				  identification of the person, place, time, arresting authority, and reason for
				  the arrest. In a detention facility, it is a procedure for the admission of a
				  person charged with or convicted of an offense, and may include searching,
				  fingerprinting, photographing, medical screening, and collecting personal
				  history data. Booking also includes the inventory and storage of the
				  individual's personal property.
008.06
"Budget"
shall mean a plan for
				  allocation of anticipated revenues and expenditures.
008.07
"Chemical Agent"
shall mean an
				  active substance, such as tear gas, used to deter disturbances that might cause
				  personal injury or property damage.
008.08
"Classification"
shall mean a
				  process for determining the needs and requirements of those for whom
				  confinement has been ordered and for assigning them to housing units and
				  programs according to their needs and existing resources.
008.09
"Classroom"
shall mean an area
				  specifically designed and equipped for the conduct of educational and
				  vocational programming.
008.10
"Clerical Personnel"
shall mean
				  secretaries, clerks, typists, receptionists, accountants, administrative aids
				  and similarly classified employees who provide clerical or administrative
				  support services within the facility.
008.11
"Code of Ethics"
shall mean a set of
				  rules describing acceptable standards of conduct for all
				  employees.
008.12
"Community Resources"
shall mean
				  those social and welfare agencies, service clubs, citizen interest groups,
				  self-help groups, and citizen volunteers who have the potential to assist
				  juveniles. These various resources, which may be public or private, national or
				  local, have the potential for help ranging from material and financial
				  assistance, to guidance, counseling, and supportive services.
008.13
"Contact Visiting"
shall mean a
				  program inside and/or outside the facility that permits juveniles to visit with
				  designated person(s). The area is free of obstacles or barriers that prohibit
				  physical contact.
008.14
"Contraband"
shall mean any item
				  possessed by juveniles or found within the facility that is illegal by law or
				  that is expressly prohibited by those legally charged with the responsibility
				  for administration and operation of the facility.
008.15
"Contractor"
shall mean a person or
				  organization that agrees to furnish materials or to perform services for the
				  facility or jurisdiction at a specified price. Contractors operating in
				  correctional facilities are subject to all applicable rules and regulations for
				  the facility.
008.16
"Control Center"
shall mean the
				  central point within a facility or institution where security activities are
				  monitored and controlled. The control center is constructed at a level
				  appropriate to the security level of the facility.
008.17
"Corporal Punishment"
shall mean
				  any act of inflicting punishment directly on the body, causing pain or
				  injury.
008.18
"Correctional Facility"
shall mean a
				  place or organization designed and equipped to incarcerate or maintain persons
				  sentenced by legal authority.
008.19
"Counseling"
shall mean planned use
				  of interpersonal relationships to promote social adjustment. Counseling
				  programs provide opportunities to express feelings verbally with the goal of
				  resolving problems of individual juveniles. There are at least three types of
				  counseling that may be provided: individual, in a one-to-one relationship;
				  small group counseling; and large group counseling in a living unit (i.e.,
				  therapeutic community).
008.20
"Dayroom"
shall mean that portion of
				  the housing unit which is separate and distinct from the sleeping rooms, but
				  immediately adjacent and accessible therefrom.
008.21
"Detainee"
shall mean any person
				  confined in a local detention facility not serving a sentence for a criminal
				  offense.
008.22
"Detainer"
shall mean a warrant
				  placed against a person in a federal, state or local correctional facility,
				  notifying the holding authority of the intention of another jurisdiction to
				  take custody of that individual when that person is released.
008.23
"Detoxification"
shall mean the
				  process by which an individual is withdrawn from a drug or alcohol
				  addiction.
008.24
"Direct Care Personnel"
shall mean
				  any care staff member charged with day to day supervision of juveniles housed
				  in a juvenile detention facility.
008.25
"Disciplinary Hearing"
shall mean a
				  nonjudicial administrative procedure to determine if substantial evidence
				  exists to find a juvenile guilty of a rule violation.
008.26
"Disciplinary Report"
shall mean a
				  written report, prepared by a person with appropriate authority, describing an
				  alleged violation of a facility's rules or regulations.
008.27
"Dormitory"
shall mean a room or
				  secure housing unit which includes both dayroom and sleeping space within the
				  same area.
008.28
"Educational Program"
shall mean a
				  program of formal academic education or a vocational training activity designed
				  to improve the juvenile's employment capability.
008.29
"Educational Release"
shall mean the
				  designated time when juveniles leave the facility to attend school in the
				  community, returning to custody after school hours.
008.30
"Emergency"
shall mean any
				  significant disruption of normal facility or agency procedure, policy, or
				  activity caused by riot, escape, fire, natural disaster, employee action, or
				  other serious incident.
008.31
"Emergency Care"
shall mean care for
				  an acute illness or unexpected health care need that cannot be deferred until
				  the next scheduled sick call. Emergency care shall be provided to the juvenile
				  population by the medical staff, physician, other appropriately trained staff,
				  local ambulance services and/or outside hospital emergency rooms. This care
				  shall be expedited by following specific written procedures for medical
				  emergencies described in these Standards.
008.32
"Emergency Plans"
shall mean written
				  documents that address specific actions to be taken in an institutional
				  emergency or catastrophe such as a fire, flood, riot or other major
				  disruption.
008.33
"Emergency Power"
shall mean an
				  alternate power system that is activated when the primary source of electricity
				  is interrupted. The system may be an emergency generator, battery operated
				  power pack, or an alternate supply source.
008.34
"Existing Facility"
shall mean any
				  juvenile detention facility in use, or for which bids have been let, prior to
				  the effective date of these Standards.
008.35
"Facility"
shall mean a place,
				  institution, building (or part thereof), set of buildings, or area (whether or
				  not enclosing a building or set of buildings) that is used for the lawful
				  custody and/or treatment of individuals. It may be owned and/or operated by
				  public or private agencies and includes the staff and services as well as the
				  buildings and grounds.
008.36
"Facility Administrator"
shall mean
				  the sheriff, chief of police, superintendent, or other individual charged by
				  law or designated by administrative action with the operation and
				  administration of a juvenile detention facility.
008.37
"Fire Code"
shall mean federal,
				  state, or local regulations governing fire safety.
008.38
"First Aid"
shall mean care for a
				  condition that requires immediate assistance from a person trained in first aid
				  care and the use of the facility's first aid kits.
008.39
"Footcandle"
shall mean a
				  measurement of light equal to the amount of direct light thrown by one
				  international candlepower on a surface one foot away.
008.40
"Force, Use of"
shall mean physical
				  force used in instances of justifiable self-defense, protection of others,
				  protection of property, or prevention of escapes. Physical force is used only
				  as a last resort and in accordance with appropriate statutory
				  authority.
008.41
"Furlough"
shall mean a period of
				  time during which an offender is allowed to leave the program or institution
				  and go into the community for various purposes consistent with public
				  interest.
008.42
"Governing Body"
shall mean any
				  council, commission, board, or office established or delegated as a source of
				  legislative authority to provide the fiscal needs of the facility administrator
				  so that he or she may carry out the provisions of these
				  Standards.
008.43
"Grievance"
shall mean a
				  circumstance or action considered to be unjust and grounds for
				  complaint.
008.44
"Health Authority"
shall mean the
				  physician, health administrator, or agency responsible for the provision of
				  health care services at an institution or system of institutions; the
				  responsible physician may be the health authority.
008.45
"Health Care"
shall mean the sum of
				  all action taken, preventive and therapeutic, to provide for the physical and
				  mental well-being of a population. Includes medical and dental services, mental
				  health services, nursing, personal hygiene, dietary services, and environmental
				  conditions.
008.46
"Health Care Personnel"
shall mean
				  individuals whose primary duty is to provide health services to juveniles in
				  keeping with their respective levels of education, training, and
				  experience.
008.47
"Health-trained Employee"
shall mean
				  a person who provides assistance to a physician, nurse, physician's assistant,
				  or other professional medical staff. Duties may include preparing and/or
				  reviewing screening forms for needed follow up; preparing juveniles and their
				  records for sick call; and assisting in the implementation of medical orders
				  regarding diets, housing, and work assignments.
008.48
"Hearing"
shall mean a proceeding
				  to determine a course of action, such as the placement of a juvenile, or to
				  determine guilt or innocence in a disciplinary matter. Arguments, witnesses, or
				  evidence are heard by a judicial officer or administrative body in making the
				  determination.
008.49
"Housing Unit"
shall mean the total
				  living area available to a group or classification of juveniles in a detention
				  facility. This area may consist of a dormitory or a combination of the space in
				  each sleeping room and adjacent dayroom.
008.50
"Incident Report"
shall mean a
				  written document reporting an unusual occurrence or special event such as the
				  discovery of contraband, use of force, use of chemical agents, discharge or
				  firearms, etc.
008.51
"Indigent"
shall mean an individual
				  with no funds or source of income.
008.52
"Information System"
shall mean the
				  concepts and supporting technology for the collection, organization, and
				  delivery of information for administrative use. There are two major types of
				  information:
008.52.01 Standard
				information, consisting of data required for operational control, such as the
				daily count, payroll data, probation/aftercare success recidivism rates, and
				case load levels; and
008.52.02
				Demand information, consisting of information that can be generated when a
				report is required, such as information on the number of juveniles eligible for
				discharge during a 12-month period by offense, sentence, and month of
				release.