title-81•Neb. Admin. Code tit. 81 — Standards for Jail Facilities
Neb. Admin. Code tit. 81 — Standards for Jail Facilities
title-81Neb. Admin. Code tit. 81Regulation
Chapter 1 Definitions and Purview
Neb. Admin. Code tit. 81, ch. 1 Definitions and Purview {#sec-81-nac-1 omnilex-key=us-ne-regs-official--title-81--81 NAC 1}
001 Policy. It is the policy of the Jail Standards Board that the following clarification of terminology and parameters be applied in the promulgation of Standards for all jail facilities within the jurisdiction of the State of Nebraska.
002 Definitions. Unless the context otherwise requires, the following definitions shall apply to the Title 81 Standards for Jail Facilities:
002.01 Administrative segregation – A form of separation from the general population administered by the classification committee or other authorized group when the continued presence of the inmate in the general population would pose a serious threat to life, property, self, staff, or other inmates or to the security or orderly running of the institution.
002.02 Admission - The process of entry into a facility. During admission processing, the adult offender is booked, and receives an orientation to facility rules and regulations. If the offender is to be housed, assignment to housing is completed at this time.
002.03 Arrestee - A person who has been taken into legal custody by a law enforcement agency.
002.04 Approved rated capacity - The number of inmates which may be housed in any cell, room unit, building, jail facility, or combination thereof. This shall not limit a facility administrator from expanding this capacity during an emergency situation.
002.05 Average daily population - The average number of inmates housed in a jail facility on any day of the year.
002.06 Booking - An official recording of an arrest and the identification of the person, place, time, arresting authority, and reason for the arrest. It is a procedure for the admission of a person cited with or convicted of an offense, which includes searching, fingerprinting, photographing, medical screening, and collecting personal history data. Booking also includes the inventory and storage of the individual’s personal property.
002.07 Classification - 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.
002.08 Contraband - Any item possessed by confined offenders or found within the facility that is illegal by law or prohibited by the facility policy and procedure.
002.09 Correspondence - Any papers, documents or mail delivered to the facility for an inmate which can be accepted into the facility. An item may be considered rejected if it is not accepted into the facility.
002.10 Design - Those essential areas or features which comprise the physical layout of a jail facility. Essential areas or features shall include, but not be limited to, the following:
002.10A Single occupancy cell - A room or secure space designed to house one (1) inmate.
002.10B Multiple occupancy cell - A room or secure space designed to house two (2) to eight (8) inmates with a partition between the cell and dayroom space.
002.10C Dayroom - That portion of the housing unit which is separate and distinct from the cell area, but immediately adjacent and accessible therefrom.
002.10D Dormitory - A room or secure housing unit which is designed for occupancy by nine (9) or more inmates and includes both dayroom and sleeping space within the same area.
002.10E Housing unit - The total living area available to a group or classification of inmates in a jail facility. This area may consist of a dormitory or a combination of the space in each cell cluster and adjacent dayroom.
002.10F Isolation or administrative segregation cell - An individual housing unit designated to separate an inmate from the general inmate population.
002.10G Temporary holding cell - A room or secure area designed for the temporary confinement of inmates for less than eight (8) hours, prior to housing assignment or awaiting transfer or release.
002.10H Detoxification cell - A room or secure area designed for the temporary confinement of inmates who are intoxicated or under the influence of a controlled substance, and cannot be assigned to regular housing.
002.10I Safety cell - A room or secure area which is padded or otherwise designed for the temporary confinement of inmates presenting an advert need for quarters which offer maximum personal safety.
002.10J Minimum security - This is a custody level which describes those inmates which do not present a threat to the security of the jail or risk of escape. Dormitory housing may be utilized to house minimum security inmates.
002.11 Detainee - Any person confined in a local detention facility not serving a sentence for a criminal offense.
002.12 Detention facilities - Those Type III facilities used for the confinement of inmates beyond ninety-six (96) hours. Inmates held less than ninety-six (96) hours, excluding holidays and weekends, shall not be classified as being held in a detention facility even though, in fact, the facility is so qualified. Such inmates shall be subject to holding facility Standards.
002.13 Emergency - Any significant disruption or threat of disruption of normal facility procedure, policies, or activities caused by; riot, fire, earthquake, attack, strike, escape, demonstration, force majeure, or other similar disturbances.
002.14 Existing facility - Any jail facility in use, or for which bids have been let, prior to the effective date of these Standards.
002.15 Facility administrator - The sheriff, chief of police, superintendent, or other individual charged by law or designated by administrative action with the operation and administration of a jail facility.
002.16 Facility employees - Those custodial personnel with titles such as jailer, deputy, counselor, correctional officer, or any other title which signifies the duty of supervision of inmates in the jail facility.
002.17 Formulary – A list of prescription and nonprescription medications that have been approved by the medical authority and are stocked or routinely procured for use in an institution.
002.18 General maintenance – Those activities performed to keep the jail facility in good repair and condition. This may include, but not be limited to, replacement of worn out, broken, or defective hardware, fixtures, windows, mechanical systems and structure as part of a routine maintenance program.
002.19 General population - Any housing unit where the inmate will have access to other inmates on a regular and ongoing basis.
002.20 Good time - A system established by law whereby a convicted offender is credited a set amount of time, which is subtracted from his or her sentence, for specified periods of time served in an acceptable manner
002.21 Governing body - 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 may carry out the provisions of these Standards.
002.23 Medical/Mental health screen - A structured inquiry and observation to identify newly arrived arrestees who pose a health or safety threat to themselves or others and to identify arrestees who require immediate medical or mental health attention.
002.24 Holding facilities - Those Type I and II facilities which confine inmates for a maximum of twenty-four (24) or ninety-six (96) hours respectively. These limitations shall not include holidays or weekends.
002.25 Indigent - An individual with no funds or source of income.
002.26 Inmate - Any individual confined or residing in any jail facility.
002.27 Jail facility - Any holding or detention facility operated by a political jurisdiction or a combination of jurisdictions for the careful keeping, rehabilitative needs of adult or juvenile criminal offenders, or those persons being detained while awaiting disposition or charges against them.
002.28 Jail Standards Division - The division of the Nebraska Commission on Law Enforcement and Criminal Justice which provides staff support to the Jail Standards Board.
002.29 Jail Standards Board - The entity created by Nebraska statute, hereafter referred to as the "Board", which is vested with the authority to establish and enforce minimum standards of construction, maintenance and operation of criminal detention facilities, juvenile detention facilities and staff secure juvenile facilities within the state of Nebraska.
002.30 Medical authority - A person licensed to practice medicine by the State of Nebraska. This includes physicians and mid-level practitioners.
002.31 Mid-level practitioner - Nurse practitioner or physician assistant licensed or credentialed to assume an expanded role in providing medical care under the supervision of a physician.
002.32 New facility - Any jail facility still in the planning stages for which the bids have not yet been set.
002.33 Ordained clergy - Any priest, rabbi, or minister that has been invested officially with ministerial or priestly authority and who performs pastoral or sacerdotal function in a Christian or non-Christian religion.
002.34 Pat search - The touching and feeling of an inmate's clothed body to detect contraband.
002.35 Policy - A statement or plan, principle, or course of action.
002.36 Political subdivision – A unit of local government authorized by the State of Nebraska to construct, maintain, or operate a jail facility.
002.37 Procedure - A way of doing something.
002.38 Qualified medical employee - A person who works under the supervision and authority of a medical authority.
002.39 Renovation - The alteration of the structure of any jail facility, or portion thereof, for the purposes of changing or improving its function. This may include, but not be limited to, altering the physical layout of essential areas within the facility or reconstruction of the existing structure, areas, or interior features.
002.40 Sally port – An enclosure situated in the perimeter wall or fence of a correctional facility containing gates or doors at both ends, only one of which opens at a time, ensuring there will be no breach in the perimeter security of the institution. The sally port may handle either pedestrian or vehicular traffic
002.41 Segregation - Confinement of an inmate to secure housing separated from the general population.
002.43 Standard – A statement which describes a principle or model by which the quality and effectiveness of a facility and its maintenance, construction, or operation can be measured or evaluated.
002.44 Strip search - The visual inspection of a disrobed or partially disrobed subject which involves no touching. Includes any search of an area for which there exists a reasonable expectation of privacy, such as the breasts, genitals, or buttocks; may include opening of clothing to expose these areas or lifting the edge of under clothing.
002.45 Trained personnel - Those persons who have completed or met the appropriate requirements as set forth in Chapter 2, paragraph 002.01 of these Standards.
002.46 Training - An organized, planned, documented, and evaluated or assessed activity designed to impart knowledge and skills to enhance job performance. Training is based on specific objectives, is job related, from an appropriate source, of sufficient duration, relevant to organizational need, and delivered to appropriate staff
003 Authority to Inspect. Personnel of the Nebraska Commission on Law Enforcement and Criminal Justice shall have the power and authority to conduct jail inspections at any reasonable hour which they deem necessary to monitor each jail facility's compliance with these Standards.
004 Certification of Compliance. Each facility administrator shall prepare in writing and submit to the Board notification whereby compliance with these Standards is established. The filing of such written reports shall be within one (1) year of the initial evaluation performed by the staff. Updated notifications shall be submitted thereafter at the discretion of the Board, however, not more often than annually. Nothing herein shall prohibit a political jurisdiction or combination of political jurisdictions operating a jail facility or facilities from adopting rules governing its own employees and facilities, provided such rules are not inconsistent with these Standards.
005 Emergency Suspension. The facility administrator shall have the power and authority to temporarily suspend any of these Standards in the event of an emergency which threatens the security, order, operation, or safety of the jail facility, facility employees, public, or inmates. Only such Standards as are directly affected by the emergency may be suspended. In no event shall the emergency continue more than thirty (30) days without the knowledge of the Chairman of the Board or the Jail Standards Division. The Chairman of the Board or the Jail Standards Division may specify a maximum time limitation after having been properly notified.
006 Gender Specific Terminology. References to gender specific terms in these standards, such as “he” or “his”, shall be construed to refer to both genders unless specifically indicated otherwise.
007 Mandatory and Permissive Standards. These Standards distinguish between what is required and what is optional by the language in the text. Where these Standards use the words "shall", "must", "is required", or similar expressions, a requirement is indicated. When the words "may", "should", or "is encouraged" are used, then these Standards indicate an option, and advisory instruction, or an aspirational standard.
008 Temporary Population in Excess of Rated Capacity. When the average daily population of a facility constructed in conformance with Chapter 15 of these Standards becomes overcrowded, the Jail Standards Board may grant a temporary suspension of the living space requirements of Chapter 15 to allow the installation of additional beds.
008.01 Suspension Duration. Suspensions may be granted for a period of up to one (1) year. The Board may authorize a suspension beyond one year after review of progress being made to resolve the problem. Once the suspension is ended, the Board may require the additional beds to be removed.
009 Severability. If any article, section, subsection, sentence, clause or phrase of these Standards is for any reason or reasons held to be unconstitutional, contrary to statute, or exceeding the authority of the Board, then such decision shall not affect the validity of any other article, section, subsection, sentence, clause or phrase of these Standards.
0010 Written Policies and Procedures. Each facility administrator shall develop and implement written policies and procedures covering all areas identified in these Minimum Jail Standards.
History
- Effective 2014-06-02
Chapter 2 Personnel
Neb. Admin. Code tit. 81, ch. 2 Personnel {#sec-81-nac-2 omnilex-key=us-ne-regs-official--title-81--81 NAC 2}
001 Training. It is the policy of the State of Nebraska that the facility administrators and facility employees conform to minimum standards of training, staffing, and demeanor as established herein.
002 Training Coordinator. The facility shall have an organized training program that is planned and coordinated by a designated employee. Training shall be based on, and consistent with the facility's written policies and procedures and these Standards.
003 All newly appointed facility administrators and facility employees who work in an excess of two hundred (200) hours annually and are responsible for the security or supervision of inmates shall meet the following training requirements:
003.01 Facility Orientation Training. All new employees shall be provided orientation training on the facility's policies and procedures, organization, structure, programs and services, and task orientation to their particular job assignments, shift duties and equipment used. Orientation training shall be successfully completed within 3 months of employment. Orientation training shall include training in the following areas that are appropriate for the employee’s job assignments:
003.01A Inmate supervision, inmate security, inmate management, and inmate rules, regulations and enforcement procedures;
003.01B Emergency procedures including fire evacuation;
003.01C Inmate admission, orientation, classification, and release procedures;
003.01D Inmate mail, telephone, visiting, exercise, recreation, and library services;
003.01E Food service, inmate hygiene and laundry, facility sanitation and maintenance;
003.01F Inmate work release, educational release, religious services and counseling programs;
003.01G Inmate medical and mental health services;
003.02 Initial Training. Satisfactory completion of a minimum of eighty (80) hours of initial training provided by the Nebraska Law Enforcement Training Center or an equivalent curriculum approved by the Board, is required. Such training shall cover, at a minimum, the following areas:
003.02A Correctional legal issues, inmate rights, officer rights and liability;
003.02B Interpersonal communications, human relations, crisis intervention, inmate supervision and inmate discipline;
003.02C Medical and mental health screening, medical problems, suicide prevention, psychological and behavioral aspects of incarceration, substance abuse and abnormal behavior;
003.02D Use of force and self defense;
003.02E Responding to jail escapes, fires, fights, riots and hostage situations;
003.02F Report writing;
003.02G Jail security and inmate classification.
003.03 The facility administrator and facility employees shall be considered to have satisfactorily complete the initial training if all academic and attendance requirements established by the Nebraska Law Enforcement Training Center or the certified training provider have been met and a certificate has been issued to the trainee.
003.04 After the effective date of these Standards, newly appointed facility administrators and facility employees shall receive the initial training as soon as possible, and it must be completed within the first year of employment.
003.05 The initial training requirements for the facility administrator and facility employees may be waived by the Board upon proof of comparable training. In order to evaluate the waiver request, the facility administrator will make the following information available to the Board upon request:
003.05A Course title, outline, and objectives;
003.05B Time(s) and date(s) of course;
003.05C Name of instructor(s) and qualifications
003.05D Examinations/student evaluation procedure;
003.05E Class roster and attendance records;
003.05F Copies of certificates issued, if any.
003.06 Any facility administrator or employee who has not been employed in a corrections or detention setting for more than two years shall have their prior initial training completion honored, but they must complete a refresher course approved by the Board. Any facility administrator or employee who has not been employed in a corrections or detention setting for more than ten years shall complete the initial training requirements anew.
003.07 After the first year of employment, a minimum of eighteen (18) hours of relevant yearly in-service training is required for facility administrators and facility employees of all jail facilities.
003.08 The yearly in-service training shall not be waived. College courses, university courses, seminars, correspondence courses, or other training programs may fulfill the in-service training requirement if they are of a nature that will increase the employee's value to his/her facility.
003.09 All facility employees shall successfully complete basic Red Cross First-Aid training or its equivalent and training in cardio-pulmonary resuscitation techniques during the first 12 months of employment. Certification or training in these areas shall be kept current.
003.10 All facility employees authorized to use firearms shall receive training and be qualified in their use on at least an annual basis.
003.11 All facility employees authorized to use chemical agents, other weapons, or mechanical restraints shall receive training in their handling and use.
003.12 All facility employees shall receive training in the performance of the facility's written emergency plans and in the use of emergency equipment on at least an annual basis.
003.13 The facility shall maintain a complete and current record of all training received for each facility employee. Copies of any certificates issued shall also be maintained.
004 Staffing
004.01 After the effective date of these Standards, applicants for positions with responsibility for the security or supervision of inmates must meet the following minimum requirements to be considered for employment:
004.01A Citizen of the United States;
004.01B At least nineteen (19) years of age or older;
004.01C Be free of any convictions of crimes punishable by imprisonment in a state or federal penitentiary for a term of one (1) year or more from which a pardon has not been received. At the time of employment, new employees shall be fingerprinted and their fingerprint cards shall be promptly submitted to the Nebraska State Patrol for a criminal history search; and
004.01D Have graduated from high school or possess a certificate which certifies an educational development of at least a high school graduation level.
004.02 All jail facilities shall maintain around-the-clock supervision of inmates by trained facility employees.
004.02A Female employees shall provide around-the-clock supervision of all female inmates housed in a jail facility.
004.02B The facility administrator shall insure that inmates are viewed personally by facility employees often enough to maintain their safekeeping, but in no event less than one time per hour and document it.
004.02C Where audio or visual electronic surveillance is used, it should be located primarily in hallways, elevators, corridors, or at entrance and exit points of the security perimeter. Electronic surveillance shall not substitute for periodic personal observations by facility employees, as required in paragraph 004.02B.
004.02D Where electronic surveillance does not provide adequate continuous coverage, facility employees shall be stationed adjacent to the inmate housing areas to respond promptly to emergencies.
005 Demeanor. All facility employees shall maintain a professional demeanor in their contacts with inmates and the public.
005.01 Facility employees shall not use their official positions to secure privileges for themselves and shall not engage in behavior which conflicts with the interests of the jail facility.
005.02 Conversations and counseling with inmates as well as maintaining order and security shall be carried out in a positive and constructive manner.
005.03 Except as authorized by the facility administrator, no facility employee shall knowingly:
005.03A Deliver, aid, enable, or permit the delivery of any message, correspondence, literature, contraband, or anything else not necessary or proper to the discharge of their duties to or from any inmate.
005.03B Give or extend to any inmate any favors, including privileges of diet or clothing not common to all.
005.04 Every facility employee within the scope of their duties, shall exercise utmost vigilance to detect any violation, infraction, or evasion of these Standards.
History
- Effective 2014-06-02
Chapter 3 Records and Statistics
Neb. Admin. Code tit. 81, ch. 3 Records and Statistics {#sec-81-nac-3 omnilex-key=us-ne-regs-official--title-81--81 NAC 3}
001 It is the policy of the State of Nebraska that each jail facility, shall utilize a computerized Jail Management System, for record keeping. In addition, each facility administrator of a jail facility shall respond to all reasonable requests for statistical information made by the Jail Standards Board for the State of Nebraska.
002 Records and Statistics. All jail facilities shall maintain accurate and up-to-date records and statistics. The maintenance of the following records is required:
002.01 Admission/Release Form. Admission and release documentation containing the necessary descriptive information shall be completed for each inmate. This computerized Admission and release documentation shall be submitted to Jail Standards according to Crime Commission specifications.
002.02 Inventory List. Upon admission, an itemized list of all property and money of each inmate shall be completed and verified in accordance with Chapter 4, paragraph 002.04. An accurate record of each inmate's expenditures or receipts of money shall also be maintained.
002.02A An itemized account of every debit and credit for every inmate shall be kept.
002.02B Every person depositing money in an inmate's account shall sign for and receive a receipt for such deposits.
002.02C The inmate's signature shall be required for all withdrawals of money from his/her account. However, when the inmate's signature cannot be obtained, the identity of the person making the withdrawal together with an explanation for such action shall be shown on the inmate's account form.
002.03 Medical/Mental Health Screening Form. Upon admission, a medical/mental health screening shall be completed for each inmate. Accurate records of further health appraisals, if gathered, and all medical attention received shall also be kept.
002.04 Record of Disciplinary Actions, Grievance Decisions or Other Incidents. Accurate records of all minor and major disciplinary infractions, disciplinary action taken in accordance with Chapter 13, paragraph 003, or grievance decisions made in accordance with Chapter 13, paragraph 004, shall be maintained for each inmate. A record shall be kept of all unusual or significant incidents, such as suicide or attempted suicide, homicide or attempted homicide, natural death, escapes or attempted escapes, assaults by inmates, other crimes or misconduct committed by inmates or staff in the facility, serious injury or illness of inmates or staff, any alleged serious infractions of the facility rules, fire or riot.
002.05 Telephone Calls. For the record keeping requirements, refer to Chapter 4, paragraph 002.05.
002.06 Visitor's Register. A visitor's register containing the date, the name of each visitor, and name of each inmate to be visited shall be maintained.
002.07 Food Records. In accordance with Chapter 11, paragraph 002, accurate summary records shall be maintained of all food service.
002.08 Classification Records. In type III facilities diagnostic, criminal history or other information used in the determination of classification for assignment to programs, activities, or housing shall be kept for each inmate.
003 Access to Inmate Records. Inmates, except for those committed to the Department of Correctional Services, shall have access to accurate summary information kept in their personal jail records. All jail records shall be safeguarded against unauthorized and improper disclosure. Guidelines for this disclosure shall be in accordance with the Nebraska Security, Privacy, and Dissemination of Criminal History Information Act of 1978.
004 Official Correspondence. Each facility administrator shall keep official correspondence between the facility and personnel of the Board for a period of at least one (1) year. The Board shall keep all official correspondence for a period of at least five (5) years.
005 Records Maintenance. All records, forms, itemizations, registers, or inventories which are to be maintained pursuant to this Standard must be kept by the facility administrator for a period of at least five (5) years.
History
- Effective 2012-04-02
Chapter 4 Admission and Release of Inmates
Neb. Admin. Code tit. 81, ch. 4 Admission and Release of Inmates {#sec-81-nac-4 omnilex-key=us-ne-regs-official--title-81--81 NAC 4}
001 It is the policy of the state of Nebraska that a meaningful admission and release process shall be employed when an inmate is detained in a jail facility. The admission and release process employed by any jail facility shall be consistent with the provisions established herein.
002 Admissions. The admission process shall include, but not be limited to, the following procedures:
002.01 Verification of Arrest. The booking officer shall, to the best of his/her ability, ascertain the identity of the inmate and the identity of the arresting officer and verify the legality of the admission. Inmate photographs shall be taken for identification purposes.
002.01A The arresting officer shall remain present during the admissions process until all pertinent information is recorded and the booking officer accepts custody of the inmate.
002.01B Persons who are unconscious, seriously injured or those persons who appear to present a substantial risk of serious harm to another person or a substantial risk of serious harm to themselves within the near future as defined by the Nebraska Mental Health Commitment Act shall not be admitted to the jail facility unless examined and approved for admission by a medical authority or a licensed mental health authority.
002.02 Admission Form. Admission documentation shall be completed by trained facility employees on every inmate admitted.
002.03 Search. In accordance with Chapter 6.006, all inmates shall be searched upon admission.
002.04 Property Control. Newly admitted inmates shall relinquish all property and money not permitted in the jail facility. An itemized inventory of all property and money shall be made and verified in writing. The property and money shall be stored until it is returned.
002.04A Inmates shall verify the inventory list with their signatures.
002.04B If, for any reason, the inmate does not verify the inventory list upon admission, it shall be witnessed and signed by a second person with the reasons noted.
002.04C A copy of the inventory, verified or not, should be given to the inmates at time of admission.
002.04D Newly admitted inmates shall be permitted to retain their prescription eye glasses except where removal is necessary to protect the inmate or others from harm. Removal of eye glasses is authorized when an inmate is perceived as suicidal or is under the influence of drugs or alcohol.
002.05 Phone Calls. Newly admitted inmates shall be permitted to complete at least two (2) local or collect long distance phone calls, and a record shall be kept thereof for each inmate.
002.05A Each newly admitted inmate shall be allowed to make one (1) completed phone call to his legal representative during the admissions process.
002.05B Each newly admitted inmate shall be allowed to make one (1) additional completed phone call to his family or other party approved by the receiving authority within a reasonable length of time after the admissions process is completed.
002.06 Vermin Control and Hygiene. As soon as possible, but definitely within twenty-four (24) hours, newly admitted inmates shall shower or bathe.
002.07 Medical/Mental Health Screening. Inmates shall be screened and observed by trained facility employees upon admission to determine if immediate medical or mental health attention is required. If medical or mental health services are provided within the jail facility, the appropriate facility employee should perform the intake medical screening and their recommendations followed.
002.08 Orientation. Newly admitted inmates shall be made aware of the jail facility's rules, procedures, programs and the rights to which they are entitled. Completion of the orientation shall be documented and signed by the inmate.
002.09 Inability to Process Inmate. After an intake medical screening has been completed and fitness for confinement established, the admission process may be delayed for such reasons as, but not limited to, intoxication, use of controlled substances or violent behavior. Admission should be completed at such time as the individual is capable of being processed in accordance with jail facility order and safety. Reasons shall be noted.
003 Release. The release process shall include, but not be limited to the following procedures:
003.01 Verification of Release. The releasing officer shall verify the identity of the inmate to be released and the authority of the release.
003.02 Property. Upon release, the inmate's personal property shall be returned. The inmate shall sign a receipt thereof. If the inmate will not sign the receipt, a second staff person shall witness the return of the property and sign the receipt with the reasons noted. A copy of the receipt shall be given to the inmate at the time of the release.
History
- Effective 2012-04-02
Chapter 5 Inmate Classification and Assignment
Neb. Admin. Code tit. 81, ch. 5 Inmate Classification and Assignment {#sec-81-nac-5 omnilex-key=us-ne-regs-official--title-81--81 NAC 5}
001 Policy. It is the policy of the State of Nebraska that all inmates admitted to jail facilities be subject to a meaningful classification process in assignment to housing, programs, and related activities. All inmates shall be afforded equal protection and equal opportunity in classification, work assignment, disciplinary and grievance decisions, and in consideration for any available jail facility programs, or activities. Inmates shall not be subjected to discrimination on the basis of race, national origin, color, creed, sex, economic status, or political belief.
002 Inmate Classification. In all detention facilities, a classification committee, board, or officer shall be designated. The classification process shall be initiated as soon as practical, however, not exceeding fifteen (15) consecutive days after admission.
002.01 The classification committee, board, or officer shall conduct interviews and gather sufficient information to determine the inmates' appropriate custody categories, housing assignments, and eligibility or interest for available jail facility programs or activities.
002.02 The classification committee, board, or officer shall periodically review each inmate's custody status, housing assignment, or assignment to any programs or activities.
002.03 The basis and results of classification decisions shall be documented.
002.04 There shall be a procedure for inmates to appeal classification decisions
003 Housing Assignments. In all jail facilities, decisions concerning housing assignments shall be consistent with the following provisions:
003.01 Mandatory Housing Separations. The following mandatory housing separations of inmate classifications are required:
003.01A Females shall be housed separately from and out of sight of males.
003.01B Persons under the age of fourteen (14) years should not be admitted to any jail facility except upon order of a judge; inmates under the age of sixteen (16) shall be housed separately from and out of sight of inmates the age of sixteen (16) or over; and the jail facility shall comply with the applicable statutes regarding the housing of juveniles in need of supervision or delinquents.
003.01C Inmates who are intoxicated or under the influence of a controlled substance shall be housed separately from the general population until such time as they return to a normal condition, at which time they may be moved to other living units in accordance with 003.01A and 003.01B above.
003.02 Optional Housing Separations. If the physical plant design permits, the facility administrator should consider the following optional housing separations:
003.02A Pre-trial detainees should be housed separately from convicted inmates.
003.02B Those inmates charged or convicted of crimes involving serious physical harm to persons or attempt to do serious physical harm to persons should be housed separately from other inmates.
003.03 Assignment to Safety Cells. The safety cell may b utilized for the temporary confinement of the following inmates:
003.03A Those who are intoxicated or under the influence of a controlled substance.
003.03B Those displaying bizarre behavior which could result in harm to themselves, others, or property.
003.03C Those causing a significant disruption of jail facility procedures or activities.
003.04 Assignment to Isolated Confinement or Administrative Segregation. An inmate may be assigned to administrative segregation or isolated confinement if such confinement is necessary to preserve jail facility security and order, for the inmate's self-protection, or as a disciplinary sanction in accordance with Chapter 13 of these Standards.
History
- Effective 2014-06-02
Chapter 6 Security and Control
Neb. Admin. Code tit. 81, ch. 6 Security and Control {#sec-81-nac-6 omnilex-key=us-ne-regs-official--title-81--81 NAC 6}
001 Policy. It is the policy of the State of Nebraska that facility administrators in all jail facilities shall employ policies and procedures that insure the maintenance of proper levels of security and control. Such policies and procedures shall be consistent with the provisions established herein.
002 Supervision of Housing and Custodial Areas. The facility administrator shall be responsible for the proper supervision, accountability, and security of inmates in their assigned housing areas.
002.01 Whenever inmates are held in a jail facility, facility employees shall provide supervision in accordance with Chapter 2, paragraph 003 of these Standards. An official inmate count shall be taken and recorded four (4) times daily at the following times:
002.01A Two counts between the hours of 2400 and 1200 hours;
002.01B Two counts between the hours of 1200 and 2400 hours.
002.01C There shall be no more than a six (6) hour interval between counts.
002.02 Supervision of Isolated Inmates. The assignment of inmates to safety cells, disciplinary isolation, or administrative segregation shall be approved by the facility administrator or administrator designee. If an inmate is placed in isolation, the following general conditions shall apply:
002.02A An isolated inmate shall not be deprived of normal jail facility clothing, except as is necessary for his protection. If such deprivation is necessary, provision shall be made to protect his health.
002.02B The facility administrator or administrator designee shall review the classification status of inmates in safety cells at least every twenty-four (24) hours.
002.02C The facility administrator shall review the classification status of inmates in administrative segregation at least every thirty (30) days.
002.02D No inmate shall be placed in disciplinary isolation for more than fifteen (15) consecutive days or more than thirty (30) days out of any forty-five (45) day period, except in case of violence or attempted violence committed against another person or property when an additional period of isolation for disciplinary reasons is approved by the facility administrator.
002.03 Work Program Supervision. Inmates participating in work programs, except those on temporary release status, are supervised in keeping with their custody classification while outside the secure perimeter of the facility.
003 Facility Security and Control. Facility policies and procedures employed to insure maintenance of security and control shall be consistent with the following provisions:
003.01 All secure perimeter entrances shall be kept locked at all times, except when used for supervised entrance or exit of facility employees, inmates, visitors, or in emergencies.
003.02 All security equipment shall be inspected regularly.
003.02A Facility employees shall carefully inspect cells, cell doors, bars, windows, and doors leading into and out of housing areas daily to insure that all are in proper and safe working order.
003.02B Prior to assignment of an inmate to a housing unit, the facility administrator or proper facility employee shall insure that the unit is properly equipped and that the required equipment is in useable condition.
003.03 The facility administrator and all facility employees shall maintain a continual vigilance of their assigned area of supervision and maintain an accurate count of inmates in accordance with these Standards. They shall insure that all locks on appropriate hall doors, cell doors, and elsewhere are locked, and that they are aware of the location and condition of particular inmates who are chronic disturbers or have special needs. Facility employees shall take prompt action whenever any problems or disturbance arises.
003.03A No facility employee shall strike or lay hands on inmates except when it is necessary to prevent escape, injury to person or property, quell a disturbance, or in other execution of their duties. Only the amount of physical force necessary to accomplish the above is authorized.
003.03B When two (2) or more inmates engage in a fight, witnessing facility employees, with the necessary help, shall separate the inmates at once, and the facility employees shall take such action as is necessary to restore security and order. Such incidents shall be properly documented with the information forwarded to the facility administrator or other appropriate facility employee for possible disciplinary action or further investigation.
004 Emergency Procedures. The facility administrator shall employ policies and procedures that insure the proper handling of emergency situations such as fire, disturbance, natural disaster, escape, or taking of hostages.
004.01 Specific procedures and orders to be followed in the event of any emergency situation shall be made available to all facility employees. Such procedures shall be reviewed and updated periodically.
004.02 All facility employees shall be trained in the execution of emergency procedures.
004.03 The facility shall comply with the life safety codes established by the State Fire Marshal. The facility administrator shall maintain documentation of compliance from the State Fire Marshal based on an annual inspection of the facility by their personnel or authorized designee.
005 Supervision of Facility Arsenal, Firearms, Tools, Restraint Equipment, and Keys. Facility administrators in all jail facilities shall insure proper supervision of the jail facility arsenal, firearms, tools, restraint equipment and keys.
005.01 Arsenal and Firearms, Chemical Agents and Related Equipment. All firearms, chemical agents, ammunition, and related security equipment shall be stored in a secure but readily accessible depository. Access to the arsenal shall be supervised by designated facility employees.
005.01A All firearms, chemical agents, and related security equipment shall be kept clean and in proper working order, and available for immediate use. Defective equipment shall be tagged and stored separately.
005.01B All firearms, chemical agents, and related security equipment shall be inventoried and documented at regular and routine intervals to determine their condition and expiration date. All equipment shall be catalogued with proper documentation of their issuance and use. The loss or misplacement of any equipment shall be reported immediately to the facility administrator.
005.01C In emergency situations, facility employees on duty shall use only weapons and related security equipment approved by the facility administrator.
005.01D Facility employees authorized to use firearms and related security equipment shall be qualified in the safe and efficient use of firearms, chemical agents and other weapons approved for use by the facility administrator. The greatest caution and conservative judgment shall regulate the use of any weapon.
005.02 Supervision of Jail Facility Keys. All jail facility keys not issued to facility employees shall be stored in a secure depository. Keys shall be issued from a central control area by designated facility employees.
005.02A All keys shall be labeled to correspond with their respective locks. The identifying labels, the number of keys available for each lock, and the location of the respective locks shall be properly recorded. The issuance of keys to facility employees shall also be properly documented. Facility employees should only possess those keys officially issued to them.
005.02B Keys not issued to facility employees should be stored in a manner that permits easy determination of the presence or absence of keys.
005.02C Fire and other emergency keys shall be readily accessible to the central control area to the designated facility employees on duty.
005.02D The loss or misplacement of jail facility keys shall be immediately reported to the facility administrator.
005.02E Keys must be inventoried and logged once per shift.
005.03 Restraint Equipment. Restraint equipment is used only as a precaution against escape during transfer or as prevention against inmate self-injury, injury to others or damage to property. Restraint equipment is applied only for the time absolutely necessary. The use of restraint equipment, other than for routine use during transfer, is approved by the supervisor on-duty and must be documented in report. Restraint equipment shall be inventoried at regular and routine ongoing intervals.
005.04 Tool Control. The facility shall have a tool control system, which includes the following provisions: All facility owned tools and other potentially dangerous equipment are securely stored in a locked area or outside the security perimeter. There is an accounting system to record the issuance and return of all facility owned tools and equipment. Facility employees carefully monitor the use of tools and equipment by maintenance and repair workers within the security perimeter to ensure none are left unattended, lost or forgotten. Tools and equipment are used by inmates within security perimeter only under the direct supervision of facility employees. The loss or misplacement of tools or equipment is promptly reported to the facility administrator.
006 Inmate Searches. Facility policies and procedure regarding pat searches, strip searches, and body cavity searches shall be consistent with the following provisions:
006.01 General Search Procedures. Facility employees shall thoroughly search inmates for contraband upon admission and as otherwise necessary to maintain security and control of the facility.
006.01A All searches shall be conducted in a manner which preserves the dignity of the inmate to the greatest extent possible.
006.01B All searches shall be of the least intrusive type necessary to satisfy the safety and security needs of the facility.
006.01C All strip searches and body cavity searches shall be conducted by facility employees of the same sex as the inmate, except for qualified medical employees acting pursuant to Chapter 6.006.04B. Except in cases of emergency, all pat searches should be conducted by facility employees of the same sex. If an inmate objects to a pat search by an employee of the opposite sex which involves touching the genital or buttocks areas, or the breast area of a female inmate, an employee of the same sex as the inmate must be summoned to conduct the search.
006.01D All strip searches and body cavity searches shall be conducted in an area made private from the observation of persons not physically conducting the search and persons not present to ensure the safety of those persons conducting the search.
006.01E Upon admission, inmates shall be inspected for body vermin, cuts, bruises, needle scars, or other injuries to the greatest extent possible given the type of search being conducted.
006.02 Pat Searches. Pat searches involve the touching and feeling of the inmate's clothed body to detect contraband.
006.02A The pat search shall be considered the initial method of searching inmates upon admission.
006.02B The pat search shall also be considered the routine method of searching inmates already lodged in the facility. These searches may be conducted at any time needed to maintain security and control.
006.02C Except in cases of emergency, all pat searches should be conducted by facility employees of the same sex.
006.03 Strip Searches. A strip search is the visual inspection of a disrobed or partially disrobed subject which involves no touching. Includes any search of an area for which there exists a reasonable expectation of privacy, such as the breasts, genitals, and buttocks; may include opening of clothing to expose these areas or lifting the edge of under clothing.
006.03A Strip searches of inmates upon admission are authorized only upon individualized determination of reasonable suspicion or probable cause as set forth below:
006.03A1 When there is reasonable suspicion that the inmate has on his person contraband, weapons, criminal evidence, or other things concealed which present a threat to the safety and security of the facility;
006.03A2 When there is reasonable suspicion that a strip search is necessary to confirm the presence of a health condition requiring immediate medical treatment; or
006.03A3 When there is probable cause to believe that a strip search is necessary to confirm the presence of other criminal evidence concealed on the inmate's body.
006.03B For the purposes of subparagraph 006.03A1 above, reasonable suspicion shall be deemed present when:
006.03B1 Charges involve a crime of violence as described by Nebraska Revised Statutes Section 28-301 through 324 and 28-329 through 333 or any successor statutes;
006.03B2 Charges involve escape, burglary, or the use of a weapon;
006.03B3 Charges involve the possession of a drug or controlled substance and/or drug paraphernalia;
006.03B4 Inmate's prior record indicates arrest or conviction for one of the above offenses; or
006.03B5 The inmate is combative or displays behavior which indicates he is likely to attempt to introduce contraband into the facility.
006.03C Before a strip search can be conducted on an inmate upon admission, best efforts must be made to use less intrusive methods such as pat searches, electronic metal detector or searches of the inmate's clothing.
006.03D All arrestees entering ‘general population’ may be strip searched.
006.03E Inmates returning from court with a release order shall not be strip searched.
006.03F Group strip searches are not allowed.
006.03G Strip search procedures for use with transsexual, transgendered, and intersex arrestees and inmates should be formulated.
006.03H Documentation. A written record of any strip search of an inmate upon admission shall be prepared and maintained in the inmate's individual file. This record shall include:
006.03H1 The name and sex of the facility employee conducting the search and each other person present during the search;
006.03H2 The time, date and place of the strip search;
006.03H3 A statement of the results of the search along with a list describing any weapons, contraband, criminal evidence, or health condition discovered during the search; and
006.03H4 A statement of the facts which led jail employees to believe there was reasonable suspicion or probable cause to conduct the strip search.
006.03I Strip searches of inmates while lodged in the facility after initial court appearance may be conducted at such times when there exists reasonable suspicion that contraband has been, or will be, introduced into the facility.
006.04 Body Cavity Searches. Body cavity searches involve the examination and possible intrusion into the rectal or vaginal cavities. No body cavity searches shall be conducted unless there exists probable cause to believe that contraband will be discovered. No body cavity search shall be conducted without prior authorization by the administrator or his designee.
006.04A No body cavity search shall be conducted unless a thorough pat search, strip search or search of the inmate's clothing do not satisfy the safety and security needs of the facility.
006.04B Body cavity searches shall be performed under accepted sanitary conditions and only by a qualified medical employee.
006.04C Documentation. A record of the body cavity search shall be prepared and maintained in the inmate's individual file. The record shall include:
006.04C1 A statement of the facts which led jail employees to believe there was probable cause to conduct the body cavity search;
006.04C2 The name and sex of each person conducting or observing the search;
006.04C3 The time, date and place of the search; and
006.04C4 A statement of the results of the search with a list describing the items removed from the inmate as a result of the search.
006.05 Contraband Control. The facility has a facility search plan for the control of contraband which provides for unannounced and irregularly timed searches of cells, dayrooms and activity, work or other areas accessible to inmates. Contraband control procedures provided for the inspection of all materials and supplies coming into the facility. Contraband is defined as any item not authorized by facility staff.
History
- Effective 2014-06-02
Chapter 7 Library Materials, Exercise and Recreation
Neb. Admin. Code tit. 81, ch. 7 Library Materials, Exercise and Recreation {#sec-81-nac-7 omnilex-key=us-ne-regs-official--title-81--81 NAC 7}
001 Policy. It is the policy of the state of Nebraska that all detention facilities shall provide inmate access to library materials, and make provisions for inmate exercise and recreation which are consistent with the Standards established herein.
002 General Library. Library materials shall be available to all inmates housed in all detention facilities.
002.01 Library materials should be responsive to the interests and educational needs of the users. Library materials shall include, at a minimum, the following:
02.01A Current local newspaper and current daily newspaper;
002.01B Current magazines; and
002.01C A reasonable selection of books.
002.02 Library materials shall be available to inmates daily, during the hours set by the facility administrator.
002.03 Library materials need not be physically located within the detention facility if community or other resources are utilized which provide sufficient access to such materials.
003 Exercise and Recreation. Detention facilities shall provide a recreational program which includes both active physical exercise and passive recreational activities. Exercise and recreation shall be available to inmates held for seven (7) consecutive days or more.
003.01 Inmates shall have opportunities for active physical exercise at least one (1) hour per day, five days per week outside their cells. When weather permits, exercise should be provided outdoors in a secure area.
003.02 Space in the facility shall be designated for inmate exercise. It shall be in a secure area that is sufficient in size to allow the maximum number of users at any one time to participate in exercise activities and which is appropriate for the types of exercise activities offered.
003.02A Rooms designated for indoor exercise shall be adequate in size to serve the maximum number of users at one time.
003.02B Dayrooms may be acceptable, provided sufficient space is available and equipment is provided.
003.02C Outdoor exercise areas shall comply with the requirements of Chapter 15-008.09.
003.03 Equipment in sufficient amounts shall be provided to ensure that all inmates have the opportunity to participate in exercise activities during their designated exercise period.
003.04 The facility shall have an established exercise schedule with sufficient hours set aside weekly to meet the requirements of Chapter 7-003.01 above for all inmates in the facility.
003.05 Provisions shall be made for passive recreational activities.
History
- Effective 2014-06-02
Chapter 8 Rehabilitative Services
Neb. Admin. Code tit. 81, ch. 8 Rehabilitative Services {#sec-81-nac-8 omnilex-key=us-ne-regs-official--title-81--81 NAC 8}
001 It is the policy of the State of Nebraska that all detention facilities shall, to the best of their ability, offer a range of rehabilitative services and programs of benefit to the inmates to assist in their successful reintegration into the community. Programs and services shall include the following:
002 Counseling. Inmates may be provided opportunities for personal counseling.
002.01 Community resources may be utilized for individual and family counseling and other social services.
002.02 Inmates shall be provided opportunities to participate in religious service and counseling.
003 Education. Inmates shall be provided opportunities for basic education at least up to high school equivalency.
003.01 Inmates may also be provided opportunities for vocational and technical training if programs are available and there is sufficient inmate interest.
003.02 Each detention facility shall follow the guidance of the judicial authority in the provision of educational release opportunities for inmates.
004 Work. An inmate work program may be provided.
004.01 Each detention facility shall follow the guidance of the judicial authority in the provision of work release opportunities for inmates.
004.02 Sentenced inmates may be assigned work in areas of detention facility maintenance and operation, or on other public works projects financed by public funds.
004.03 Pre-trial detainees are not required to work in the detention facility nor on other public works projects, except that they shall be made responsible for their own personal housekeeping.
004.04 Work programs involving inmate labor shall not be construed to be rehabilitation when an inmate requests other education, counseling, or training services. This does not, however, restrict the facility administrator from assigning such inmates to a work program.
History
- Effective 1980-08-09
Chapter 9 Mail, Visiting and Telephone Service
Neb. Admin. Code tit. 81, ch. 9 Mail, Visiting and Telephone Service {#sec-81-nac-9 omnilex-key=us-ne-regs-official--title-81--81 NAC 9}
001 Policy. It is the policy of the state of Nebraska that all jail facilities shall provide mail, visiting, and telephone services for all inmates. Such services shall be consistent with the Standards established herein.
002 Mail Services. All jail facilities shall make provisions for the handling of incoming and outgoing inmate correspondence in accordance with the following requirements:
002.01 The length, source, or volume of mail an inmate may send or receive at his/her own expense, shall not be limited, except where there is clear and convincing evidence to justify the limitation for reasons of public safety, facility order, or security. Any restriction of mail will be documented.
002.02 Inmates shall be allowed to send or receive mail from any persons or organizations, except where there is clear and convincing evidence that justifies a restriction.
002.03 Inmates shall be allowed to send sealed confidential mail to a specified class of persons or organizations to include, at a minimum, their legal counsel, courts, elected officials, members of the confining authority, the State Ombudsman, and the Board.
002.03A Confidential mail received from this specified class of persons or organizations may be opened only in the presence of the inmate. Delivery of confidential mail shall be documented.
002.03B Confidential mail may be inspected for contraband, cash, checks, or money orders but shall not be read.
002.03C The facility administrator may choose to attach a letter to any outgoing confidential correspondence, disclaiming any responsibility for the nature of the contents of such correspondence.
002.04 Incoming or outgoing non-confidential mail may be inspected for cash, checks, money orders, or contraband.
002.04A Cash, checks, or money orders shall be removed from incoming mail. Cash shall be promptly credited to the inmate’s account. Checks or money orders received in incoming mail may be cashed and credited to the inmate’s account.
002.04B If contraband is discovered in either incoming or outgoing mail, it shall be removed, with that action and disposition being properly documented.
002.04C No disciplinary action shall be taken against an inmate because of the contents of his incoming mail unless it can be proven that he had prior knowledge of the contents.
002.05 Incoming or outgoing non-confidential mail may be perused to assure that a particular item or correspondence does not threaten the safety and security of the jail facility, any public official, any other person, or is being used in the furtherance of illegal activities.
002.05A Objectionable portions of incoming or outgoing mail shall not be blacked out, removed, or otherwise changed. Such correspondence shall be delivered unaltered or totally rejected.
002.05B Rejected correspondence shall be returned to the sender or placed with the inmate's personal property. The sender shall be notified as to the reasons for the rejection and the action properly documented.
002.06 Indigent inmates shall receive sufficient materials and postage for a reasonable amount of correspondence to maintain family and community ties, and for legal or other confidential correspondence.
002.07 Mail shall be delivered within twenty-four hours, excluding weekends and holidays.
002.08 The facility administrator may require books or magazines received by inmates through the mail are sent directly from the publisher or a mail order business.
003 Visiting Services. All jail facilities shall make provisions for inmate visitation in accordance with the following requirements:
003.01 In all facilities there shall be opportunities for inmate visitation with clergy, counselors, and legal representatives.
003.01A Clergy providing religious counseling, physicians, probation/parole officers, and mental health and addiction therapists shall be allowed to visit at any reasonable time for any reasonable length of time. Visits between inmates and visitors of the types identified herein shall be contact visits unless the inmate or visitor indicate otherwise or unless the facility administrator has reasonable grounds to believe a contact visit would present a threat to jail security. If a contact visit is denied on the basis of a threat to jail security, the reason shall be documented.
003.01B Attorneys or their legal assistants shall be allowed to visit their clients at any reasonable time for any reasonable length of time. However, in the event of an emergency, then attorneys or their legal assistants shall be allowed to visit their clients at any time. The facility administrator may establish reasonable procedures to require identification of any person who presents himself or herself to be an attorney or an attorney's authorized representative representing an inmate detained in the facility. Unless otherwise indicated by the inmate or the visitor, all attorney-client visits shall be contact visits.
003.01C Contact visits between inmates and their attorneys or the attorneys' legal assistants, clergy, physicians, probation/parole officers, mental health and addiction therapists shall be in a private area or room so as to allow for confidential communication among up to four (4) people with adequate writing space. No physical barriers such as wire mesh, glazed barriers, or other physical obstructions shall be placed between inmates and any of the above specified visitors during contact visits. Such visits shall not be monitored, except that facility employees may visually observe the visitation through glazed observation panels or by means of closed circuit television as necessary to maintain appropriate levels of security.
003.01D In all holding facilities, inmate visits with persons other than those specifically identified in Chapter 9, paragraphs 003.01A and 003.01B shall be provided at the discretion of the facility administrator.
003.02 In all detention facilities, each inmate shall be allowed at least two (2) visits per week by persons other than those specified in Chapter 9, paragraphs 003.01A and 003.01B above.
003.02A No restrictions shall be placed on who may visit an inmate except that any person other than the inmate's spouse who is under the age of eighteen (18) may be denied visitation unless accompanied by their parent or guardian and that any person who the facility administrator has reasonable grounds to believe presents a threat to jail facility security or order may be precluded from visiting.
003.02B Inmates shall be allowed at least two (2) hours of visiting time each week in two (2) or more visits. Visits shall not be limited to less than one-half (1/2) hour.
003.02C Enough hours shall be set aside weekly to fulfill the visiting requirements of all inmates housed in the detention facility.
003.02D Any person unable to visit during the regular visiting hours may be allowed to visit at least once a week at another time approved by the facility administrator.
003.02E The facility administrator may make special arrangements for those persons who must travel over 150 miles to visit an inmate.
003.02F At the discretion of the facility administrator, visits may be of the contact type.
003.02G Other than visits specified in Chapter 9, paragraphs 003.01A and 003.01B, inmates found guilty of violating facility rules may have visits limited or temporarily revoked.
003.03 All visitors shall be required to register their names and provide all other information required in the visitor's register described in Chapter 3, paragraph 002.06.
003.04 For non-professional visits, visitors may be required to submit to a pat search. If the visitor does not wish to submit to a search, the facility administrator may restrict the visit to a non-contact type.
003.05 Inmates shall be allowed to accept from visitors only those items approved by the facility administrator.
003.06 Visitors who refuse to abide by any policy or procedure concerning visiting may be denied the privilege of visiting.
004 Telephone Services. All jail facilities shall make provisions for inmate telephone services in accordance with the following requirements:
004.01 Inmates shall be allowed to make a reasonable number of outgoing telephone calls to legal representatives or to maintain family and community ties.
004.02 Inmates shall be allowed to return verified emergency telephone calls within a reasonable amount of time.
004.03 Telephone calls to or from legal counsel shall be of reasonable lengths of time and shall not be monitored.
004.04 Telephone calls may be monitored and recorded if allowed by law. If calls are monitored or recorded, both parties shall be so notified.
004.05 Telephone calls other than those to or from legal counsel may be limited or revoked as a disciplinary measure.
004.06 The facility may require that any costs for telephone calls be borne by the inmate or the party called.
History
- Effective 2014-06-02
Chapter 10 Health Services
Neb. Admin. Code tit. 81, ch. 10 Health Services {#sec-81-nac-10 omnilex-key=us-ne-regs-official--title-81--81 NAC 10}
001 Policy. It is the policy of the State of Nebraska that all jail facilities shall provide all inmates with a healthful environment and access to adequate medical care. All jail facilities shall provide access to medical services and maintain levels of sanitation and personal hygiene which are consistent with the Standards established herein.
002 Medical Services. Medical services shall include, at a minimum, the following general provisions:
002.01 No person other than a medical authority shall diagnose any illness or injury, give treatment, or prescribe medication, except that in emergencies a qualified person may administer first-aid as expeditiously as possible pending the arrival or delivery of professional health care services.
002.02 Observation of Inmates. Each facility administrator shall make provisions for the daily collection and review of inmate medical complaints and to insure that each inmate is observed on a regular basis. If there are indications of illness or injury, the facility administrator shall, to the best of his ability, insure that the proper medical attention is provided as soon as possible.
002.03 Medication. All medication admitted into the jail facility must be specifically approved by the facility administrator or a qualified medical employee.
002.03A Medicines prescribed by a medical authority shall be administered by that authority or by some member of the facility staff authorized by the facility administrator to dispense medication.
002.03B Medicines shall be dispensed with strict adherence to the instructions and directions given by the medical authority prescribing the medication.
002.03C Prescribed drugs administered to the inmate shall be taken in view of the dispensing facility employee to prevent misuse.
002.03D The utmost care shall be used in dispensing non-prescription medication.
002.03E Each facility administrator shall establish procedures and provide space for the storage and controlled administration of all medicines and drugs.
002.03F Prescription Drug or Device Return for Credit, Relabeling and Redispensing Requirements. If the facility chooses to return for credit, relabel, or redispense any prescription drugs or devices, the facility administrator shall assure that policy addresses and reflects the following:
002.03F1 Any staff who administers or handles prescription drugs shall have received training as required by Chapter 2-003.01G and 2-003.02C. Medication Aid Certification through the Department of Health and Human Services is recommended;
002.03F2 All prescription drugs and devices shall be properly stored as established in Chapter 10-002.03E;
002.03F3 All medications shall be dispensed per Doctors orders;
002.03F4 Any medications that are prescribed for an inmate that have been obtained by the facility for dispensing to the inmate may be transported with the inmate to the new facility;
002.03F5 All medications shall be stored in a secure container affixed with a label which includes, but is not limited to, the name of the medication, dosage, and the date the medication was issued. If unit dose packaging is utilized for distribution, the packages will be labeled with the patient name, the drug name, the dosage, and instructions;
002.03F6 A Drug Formulary shall be maintained if utilized; and
002.03F7 The facility may negotiate any return fees with the Pharmacy with which they choose to do business.
002.04 First-aid Supplies and Training. Standard first-aid supplies shall be available in the jail facility at all times. First-aid training and instruction shall be made available to all facility employees.
002.05 Physical Fitness. It is the responsibility of the facility administrator to determine that each inmate is physically fit to perform the duties assigned. Inmates who have received medical attention by a medical authority or dentist shall not be permitted to work until approval is given by the attending medical authority or qualified medical employee.
002.06 Extraordinary Events. The death of any inmate must be reported immediately to the facility's medical authority, if such is retained, and to the coroner. The next of kin shall be notified immediately by the facility administrator in the event of a death or serious illness or injury of an inmate.
002.07 Treatment. Any inmate known to be seriously ill or injured shall be examined by a medical authority, delivered to an emergency center, or the proper judicial authority shall be forthwith requested to release the inmate.
002.08 Availability of Medical Authority Data. Each facility administrator shall insure that the names, addresses, and telephone numbers of medical and dental authorities are readily available to facility employees at all times.
002.9 Medical Records. Accurate summary information of all medical attention received, medications dispensed, and all other required information shall be recorded.
002.10 Personal Physicians. An inmate may retain his own physician or dentist concerning his medical services.
003 Sanitation and Hygiene. All jail facilities shall maintain acceptable levels of facility sanitation and provide inmates access to proper hygienic materials and services.
003.01 Facility/Employee Hygiene. All jail facilities shall be maintained in a clean and healthful condition. Facility administrators shall provide for daily housekeeping duties and inspections thereof when the jail facility is occupied. All facility employees shall adhere to acceptable hygiene practice.
003.02 Parasite Control. Preventative measures shall be taken to preclude the presence of vermin. If vermin are present, immediate eradication measures shall be taken.
003.03 Inmate Personal Hygiene. Inmates who are to be confined overnight shall be provided with, except when security requires deprivation of, the following:
003.03A A hot shower or bath daily;
003.03B Toilet paper;
003.03C Soap; and
003.03D Appropriate personal hygiene items for male and female inmates.
003.04 Linens and Bedding. Inmates to be confined overnight shall be provided with, except when security requires deprivation of, the following:
003.04A One (1) clean, firm, fire retardant mattress;
003.04B One (1) clean sheet or mattress cover;
003.04C One (1) clean bath-size towel; and
003.04D Sufficient clean blankets to provide comfort under existing temperature conditions.
03.04E If inmates are confined longer than seven (7) calendar days, clean bed linen shall be furnished at least once a week. Blankets shall be laundered or dry cleaned at least once each three (3) months or more often if needed. Towels and wash cloths may be exchanged or laundered upon inmate request, but at least weekly.
003.05 Training and Education. Appropriate courses concerning health, safety, hygiene, and sanitation may be made available to both facility employees and inmates. Such educational programming should be determined by the facility administrator in cooperation with the appropriate health authorities.
003.06 Prison Rape Elimination Act Standards. All facilities should maintain compliance with standards set forth in the Prison Rape Elimination Act.
History
- Effective 2014-06-02
Chapter 11 Food Services
Neb. Admin. Code tit. 81, ch. 11 Food Services {#sec-81-nac-11 omnilex-key=us-ne-regs-official--title-81--81 NAC 11}
001 Policy. It is the policy of the State of Nebraska that all jail facilities provide food services which are consistent with the Standards established herein. All facilities shall have written policy and procedure to govern the facility’s food service operations.
002 Frequency of Meals. At least three (3) meals, one (1) of which shall be hot, must be provided at regular times during each twenty-four (24) hour period with no more than fifteen (15) hours between the evening meal and breakfast.
003 Preparation of Meals. Meals shall be prepared with consideration for food flavor, texture, temperature, appearance, and palatability.
004 Dietary Allowances. The food service shall meet the dietary allowances as recommended by the United States Department of Agriculture.
005 Menu Review. Menus and records of meals served shall be reviewed at least annually by a dietician or nutritionist to verify nutritional adequacy. The facility shall maintain documentation of the dieticians or nutritionist’s review and verification. Subsequent menus shall be promptly revised to eliminate any deficiencies noted.
006 Medically Prescribed Diets. Special diets shall be provided when prescribed by the medical authority, or qualified medical employee.
007 Religious Diets. Provisions shall be made for special diets required by an inmate's religious beliefs where reasonably possible.
008 Records. Accurate summary records shall be maintained of the diet served to inmates.
009 Supervision. All meals shall be served under the direct supervision of facility employees.
0010 Use of Food as Discipline. Food shall not be withheld, nor the menu varied, as a disciplinary sanction.
0011 Sanitation. Each jail facility shall comply in all matters of sanitation in the storage, preparation, and service of food with the Food Service Sanitation Manual issued by the United States Food and Drug Administration.
History
- Effective 2014-06-02
Chapter 12 Inmates' Rights
Neb. Admin. Code tit. 81, ch. 12 Inmates' Rights {#sec-81-nac-12 omnilex-key=us-ne-regs-official--title-81--81 NAC 12}
001 Policy. It is the policy of the State of Nebraska that all jail facilities shall employ measures which guarantee inmates their right to freedom of expression, freedom to exercise religious beliefs, access to the media, and access to legal representation and legal materials. Such measures shall be consistent with the Standards established herein and shall be reflected in the facility’s written policies and procedures.
002 Freedom of Expression. An inmate's right to freedom of expression shall be insured through written policies and procedures which include at least the following:
002.01 Inmates may circulate to be read by other inmates anything which these Standards permit to be mailed or brought into the jail facility.
002.02 Inmates shall be allowed to write and circulate among other inmates anything which does not present a threat to jail facility security and order.
002.03 Inmates shall be permitted to discuss any subject among themselves that does not present a threat to jail facility security and order.
002.04 The right of inmates to circulate written material does not create a requirement for jail facility staff to assist them to do so.
002.05 Foreign nationals shall have access to the diplomatic representative of their country of citizenship.
003 Freedom of Religion. The facility administrator shall, to the best of his ability, insure the right of inmates to practice and express their religious beliefs.
003.01 An inmate's free exercise of religion shall be subject only to those limitations necessary to maintain jail facility order and security.
003.02 Inmates shall not be in any way rewarded or punished for their participation or non-participation in religious activities or practices.
004 Access to the Courts. Inmates' rights to have access to the courts shall be insured and safeguarded by each facility administrator. Inmates have the right to present any issue, including, but not limited to the following:
004.01 Challenging the legality of their conviction of confinement.
004.02 Seeking redress for illegal conditions or treatment while under correctional control.
004.03 Pursuing remedies in connection with civil legal problems.
004.04 Asserting against correctional or other governmental authority, any other rights protected by the Constitution, Nebraska Revised Statutes, or these Standards.
005 Access to Legal Representation. Each facility administrator shall insure and safeguard an inmate's right of access to legal representation.
006 Access to Legal Materials. In detention facilities, inmates shall have access to or have the opportunity to purchase legal materials and supplies and services related to legal matters. Indigent inmates shall be provided sufficient materials and supplies needed for preparation of legal documents. In addition to other legal research materials purchased or received by inmates, the facility administrator shall insure that inmates have access to at least the following materials:
006.01 A leading law dictionary;
006.02 Nebraska Revised Statutes;
006.03 Rules of the United States District Court and the appropriate local district court having jurisdiction over the jail facility;
006.04 A list of all legal representatives in the county; and
006.05 These Standards.
007 Access to the Media. In detention facilities, inmates shall have access to media representatives through personal interviews, telephone interviews, or correspondence.
007.01 Inmates' access to the media shall be subject only to those limitations necessary to maintain jail facility order and security.
007.02 Inmates' contact with media representatives should be considered confidential.
007.03 Inmates shall not be subject to administrative disciplinary action as a result of their contact with the media.
History
- Effective 2014-06-02
Chapter 13 Inmate Behavior, Discipline and Grievance
Neb. Admin. Code tit. 81, ch. 13 Inmate Behavior, Discipline and Grievance {#sec-81-nac-13 omnilex-key=us-ne-regs-official--title-81--81 NAC 13}
CHAPTER 13 STANDARDS FOR JAIL FACILITIES - INMATE BEHAVIOR, DISCIPLINE AND GRIEVANCE
001 It is the policy of the State of Nebraska that facility administrators of all jail facilities shall maintain written policy and procedure insuring that inmates are made aware of the conduct expected of them, and shall make provisions for disciplinary and grievance procedures which are consistent with the Standards established herein.
002 Inmate Conduct. All inmates confined or residing in any jail facility shall be required by the facility administrator to conduct themselves in a lawful and orderly manner.
002.01 Each inmate shall be required by the facility administrator to obey all reasonable directives established by the facility administrator. Failure to comply with such directives may result in disciplinary action being taken in accordance with the procedures described in paragraph 003 of this Chapter.
002.02 Upon admission, that portion of the orientation process in which inmates are made aware of the jail facility's rules shall include, at a minimum, a listing of all prohibited acts, a range of possible sanctions that could be imposed, and the facility's disciplinary procedures. Upon request written rules shall be made available to each inmate in the language he or she speaks.
003 Disciplinary Procedures. All jail facilities shall establish a clear and concise disciplinary procedure governing inmate conduct.
003.01 General Provisions. In every disciplinary action taken in any jail facility, the following principles shall be applicable:
003.01A Disciplinary action shall be used to regulate the inmate's behavior within acceptable limits. Each disciplinary sanction imposed shall be proportionate to the seriousness of the inmate's misconduct.
003.01B The behavior of the inmates shall be controlled in a completely impartial and consistent manner;
003.01C Records of all disciplinary actions taken shall be kept;
003.01D The commission, or suspected commission, of an offense in violation of existing state or federal statute by an inmate or inmates shall be referred to the proper law enforcement agency, along with all pertinent evidence; and
003.01E Inmates charged with major rule infractions may be held in administrative segregation or cell restriction prior to a hearing to ensure the safety of staff, inmates or the facility. The status of inmates held in pre-hearing segregation shall be reviewed by the facility administrator or a designated facility employee(s) within twenty-four (24) hours. Pre-hearing segregation shall not exceed ninety-six (96) hours excluding weekends and holidays.
003.02 Disciplinary Process. In all jail facilities, any disciplinary action taken against an inmate for a violation of the jail facility's rules shall be in accordance with the following provisions:
003.02A Minor matters of discipline, where no threat to life, security, or property exists may be handled informally by a designated facility employee(s). The facility administrator or his/her designee shall review reports and approve any sanctions applied for minor misconduct.
003.02B For minor violations, inmates are subject to:
003.02B1 Reprimands;
003.02B2 Temporary loss of one or more privileges;
003.02B3 Restriction to a cell for up to ninety-six (96) hours; or
003.02B4 Extra cleaning duties or work assignments for sentenced inmates.
003.03 Major Matters of Discipline. When an accused inmate could be subject to disciplinary sanctions exceeding those listed in paragraph 003.02A of this Chapter, the following provisions shall apply:
003.03A The alleged violation shall be reported in writing on the prescribed form to the facility administrator by the facility employee witnessing the incident or responsible for determining the relevant facts.
003.03B Disciplinary reports prepared by staff members shall include but are not limited to:
003.03B1 Specific rules allegedly violated;
03.03B2 A formal statement of charges;
003.03B3 Any unusual inmate behavior;
003.03B4 Any staff witnesses;
003.03B5 An explanation of the event that should include who was involved, what transpired, and the time and location of occurrence;
003.03B6 Any physical evidence and its disposition;
003.03B7 Any immediate action taken, including the use of force; and
003.03B8 Reporting staff member's signature, date and time of report.
003.03C A written statement of the charges shall be delivered to the inmate at least twenty-four (24) hours before any hearing is held unless the inmate signs a waiver to have the hearing sooner. The facility administrator may designate a facility employee, an impartial person, or panel to conduct a disciplinary hearing if he/she chooses not to do so. If the charges are sustained, the facility administrator, designated person, or panel, shall impose a sanction appropriate for the offense.
003.03D The accused inmate shall have an opportunity to appear before and address the disciplinary person or panel conducting the hearing unless he/she voluntarily waives in writing the right to attend or the inmate's behavior justifies exclusion from the hearing. The accused inmate may be excluded during the testimony of a witness whose testimony must be given in confidence. Reasons for the accused inmate's absence or exclusion must be documented.
003.03E The disciplinary person or panel conducting the hearing may summon to testify any witnesses with relevant information of the incident. The accused inmate shall be allowed to call witnesses with relevant knowledge and present relevant documentary evidence in their own defense when permitting to do so will not be unduly hazardous to institutional safety or correctional goals. The disciplinary person or panel shall state its reasons in writing for refusing to hear a witness.
003.03F The accused inmate shall have an adequate opportunity to prepare a defense and, if requested, may be provided with a staff member or agency representative to assist him/her at a disciplinary hearing. A representative shall be appointed when it is apparent that an inmate is not capable of collecting and presenting evidence effectively on his or her own behalf.
003.03G If the charges are sustained, the person or panel conducting the disciplinary hearing must base such findings upon information obtained through the hearing process, including staff reports, inmate's statements, and evidence derived from witnesses and documents. The person or panel shall make a written statement of fact findings setting forth the evidence relied upon and the reasons for the disciplinary sanctions imposed. The accused inmate shall be given a copy of the written statement which shall include the basis for the decision and the disciplinary sanction, if any, to be imposed.
003.03H The facility administrator or designee shall provide for review of all disciplinary hearings and dispositions to assure conformity with policy and regulations.
003.04 Inmates found guilty of a major violation of the jail facility's rules may be subject to one (1) or more of the following sanctions:
003.04A Reprimand;
003.04B Temporary or permanent loss of one (1) or more privileges;
003.04C Restriction to his or her cell;
003.04D Confinement to disciplinary segregation;
003.04E Restitution for wanton or willful destruction to facility property from any funds to his/her credit;
003.04F Reduction of good time credit; or
003.04G Extra cleaning duties or work assignments for sentenced inmates.
004 Grievance Procedure. In all jail facilities a written policy and procedure shall address grievance procedures. This procedure shall be available to all inmates for the review and adjudication of grievances, consistent with the following principles:
004.01 Inmate's Right to File. Any inmate shall be permitted to report and file a grievance.
004.02 Facility Responsibility. Such grievances filed shall be transmitted without interference or delay to the facility administrator, designated employee or official charged with the authority to receive and investigate grievances.
004.03 Disciplinary Sanctions. An inmate reporting a grievance shall not be subject to any disciplinary sanction or adverse action as a result of the filing of a grievance.
004.04 Investigation of Grievance. Each grievance not obviously frivolous or trivial shall be promptly investigated. A summary report containing the results of the investigation and the recommendations of the facility administrator, designated employee or official charged with the authority to receive and investigate grievances shall be prepared for jail facility records and the concerned inmate or inmates.
004.05 Time Limitations. The inmate or inmates filing the grievance shall receive a prompt response from the appropriate authority. Such a response shall indicate what disposition will be made on the recommendations received.
History
- Effective 2014-06-02
Chapter 15 New Facility Design and Construction
Neb. Admin. Code tit. 81, ch. 15 New Facility Design and Construction {#sec-81-nac-15 omnilex-key=us-ne-regs-official--title-81--81 NAC 15}
001 It is the policy of the State of Nebraska that all newly constructed or renovated jail facilities where the aggregate cost of such construction or renovation exceeds $5,000 shall conform to the minimum standards for planning, design and construction established herein.
002 Applicability. All standards established in this chapter, except to the extent exceptions are stated, shall apply to each newly constructed holding and detention facility. In the case of renovation, it is the intent of the Board that only the part of the facility which is to be renovated is required to come into complete compliance with the applicable standards of this chapter.
002.01 General maintenance and upkeep of the facility or expenditures totaling less than $5,000 within a calendar year for minor renovation shall not invoke the application of these Standards for existing facilities. However, any such renovation, repair or maintenance of the physical structure, fixtures, equipment or furnishings should lead towards compliance with these Standards.
002.02 The Board and the Jail Standards Division retain the right to evaluate each new construction or renovation on an individual basis. The overall design and specifics will be worked out between the Jail Standards Division, local governing body, and the architect, subject to final approval by the Board.
002.03 Equivalencies. The specific requirements of this Chapter may be modified by the Jail Standards Board on an individual basis to allow alternative arrangements that would, in the Board's judgment, provide at least equivalent conditions in design and construction as would be afforded by compliance with the corresponding Standards contained in this Chapter.
002.03A When the modification of a Standard is desired for a specific project, the responsible governing body shall submit a written request to the Board stating the justification for the requested modification and documentation of how the proposed modification will provide conditions at least equivalent to the corresponding Standard.
002.03B The modification, if granted, shall apply only to the petitioner for the specific construction or renovation project cited.
003 Code Compliance. In addition to these Standards, all new construction and renovation shall comply with the building, safety and health codes of the local authority and the applicable requirements of the State Fire Marshal. Standards which exceed those of the local authority shall take precedence.
004 Notification. Prior to needs assessment and program planning for any renovation or development of new construction plans where the estimated aggregate cost of such renovation or construction exceeds $5,000, the governing body shall submit a letter of intent specifying the type of facility, whether the project involves new construction or renovation of an existing facility, and the anticipated construction period. Upon receipt of written notification, the Jail Standards Division will advise the governing body of the availability of its technical assistance resources and be available to review plans and make recommendations throughout the planning process.
005 Planning. The Jail Standards Division shall receive reasonable advance notice of and be provided the opportunity to participate in any preliminary planning meetings among interested parties such as the facility administrator, governing body, and the consultant or architect.
005.01 Program Documentation. The development of program documentation for the purpose of providing the basis upon which architectural plans are drawn is required for all new construction projects. The Jail Standards Division may require program documentation for major renovation projects. When required, program documentation shall be developed by the facility administrator and consultant or architect and should include the following:
005.01A Type of facility to be constructed or renovated;
005.01B Written statement of the problems which require facility renovation or construction;
005.01C Description of the anticipated inmate population including the classifications to be housed and the security levels to be provided;
005.01D Number of beds to be provided for each of the primary classifications and the total capacity;
005.01E Description of all functions, basic policies and supporting data for:
005.01E1 Reception and release;
005.01E2 Inmate housing;
005.01E3 Visiting and confidential interview;
005.01E4 Food service;
005.01E5 Laundry, housekeeping and storage areas;
005.01E6 Medical and mental health services;
005.01E7 Indoor and outdoor exercise;
005.01E8 Programs;
005.01E9 Administrative, public and staff areas;
005.01E10 Inmate movement within the facility;
005.01E11 Methods of entry and exit from the facility;
005.01E12 Staff communications;
005.01E13 Security and surveillance systems; and
005.01E14 Inmate transportation and holding facilities if jail is to be built away from courthouse.
005.01F Description of the type, number, size and relationship of all renovated or newly constructed spaces;
005.01G Staffing plan which includes, at a minimum, a description of all job titles and functions, breakdown of projected staffing requirements by shift, and total projected number of staff;
005.01H Initial construction cost estimate and estimated annual operating costs;
005.01I Site plan. The program statement shall be submitted to the Jail Standards Division for review and comment prior to the development of any schematic architectural plans.
005.02 Submission of Architectural Design Documents. A copy of all architectural design documents shall be submitted to the Jail Standards Division for review and approval at the following times:
005.02A At completion of schematic drawings;
005.02B At approximately 60% completion of working drawings; and
005.02C At completion of working drawings and specifications. A copy of all plans and specifications shall be submitted to the Nebraska State Fire Marshal for review as prescribed by the agency's rules.
005.03 Letting of Contracts. Contracts shall not be let until approval of final documents as in compliance with these Standards is received by the governing body in writing from the Board. No addenda, change orders, or modifications which may affect compliance with these Standards shall be made to such final documents except upon approval of the Jail Standards Division staff.
005.04 Occupancy. Final inspection to determine compliance with the approved plans should be made by the Jail Standards Division staff prior to acceptance by the owner.
006 General Conditions. All newly constructed and renovated jail facilities shall conform to the following general conditions:
006.01 Artificial Light. Artificial lighting in all inmate living areas shall provide the capability of at least twenty (20) foot candles of light measured three feet above the floor. Artificial lighting in all work or study areas apart from inmate living areas shall provide the capability of at least fifty (50) foot candles measured three feet above the floor. Night lighting shall be provided which permits adequate visibility for supervision, but does not hinder restful sleep.
006.02 Natural Light. All inmate living areas shall provide visual access to natural light.
006.02A New Construction, Cell Areas. In all new construction, there shall be a window in each cell which provides at least three (3) square feet of clear glazed area to the exterior or the cells shall open into a dayroom with windows which provide visual access to a clear glazed area to the exterior that is at least the equivalent of the amount required for all of the cells served by the dayroom.
006.02B New Construction, Dormitories. There shall be windows in dormitories with a capacity of ten or less which provide visual access to at least ten (10) square feet of clear glazed area to the exterior. In dormitories with a capacity of more than ten, the amount of clear glazed area required shall be increased by at least five (5) square feet for every ten (10) additional beds or fraction thereof.
006.02C A combination of windows and skylights may be utilized to meet the quantitative requirements for windows in living areas.
006.02D Renovation. In all renovated facilities, all living areas shall provide visual access to natural light. If windows are replaced as part of the renovation project, natural light requirements for new construction shall be applied.
006.02E Window Design. Windows in housing areas of higher than minimum security that are directly accessible to inmates shall be of the detention type which have maximum of five (5) inches clear opening between framing members. Glass and glazing materials and window framing shall have the proper security values for the area in which they are used. All window framing in secure areas shall be properly anchored in reinforced walls.
006.03 Acoustics. Sustained noise levels within inmate occupied areas shall not average higher than seventy (70) decibels. Long, hard and non-textured surfaces should be avoided to reduce reverberation of sound.
006.04 Heating and Cooling Systems. Heating and cooling systems shall provide a comfortable and healthful living and working environment with temperatures maintained between sixty-five (65) and eighty (80) degrees Fahrenheit.
006.05 Ventilation Systems. Ventilation systems shall insure circulation of fresh or purified air sufficient to draw off foul air or odors. A minimum of ten (10) cubic feet per minute interchange rate for each inmate is required for the jail facility's rated capacity.
006.06 Parking. Sufficient parking for visitors and official vehicles shall be provided on the site or through the availability of city street parking or public access parking lots located in the vicinity of the site.
006.07 Public Accommodations. A public lobby or waiting area shall be provided which includes sufficient seating, toilets and drinking fountains.
006.07A Public access to security and administrative work areas shall be restricted.
006.07B All public areas of the facility shall be accessible to handicapped persons.
006.08 Administrative Areas. Sufficient space shall be provided for administrative and clerical personnel.
006.08A Locker space, toilets, showers, and dressing areas of the facility should be provided for facility employees.
006.08B An area should be provided for conference and staff training.
006.09 Reception and Release Area. All jail facilities except for ancillary facilities where the reception and release function is not performed, shall provide a reception and release area which is adequate in size and properly equipped to insure the orderly and secure admission and release of inmates. It shall be located within the security perimeter away from the public, but apart from other inmate living and activity areas. It shall include the following components:
006.09A Vehicular sallyport;
006.09B Weapons lockers located in the vehicular sallyport and outside entrances to the security perimeter of the facility. Weapons lockers shall be equipped with individual compartments, each with an individual lock and key;
006.09C Booking, photograph, fingerprint, and prisoner identification areas;
006.09D Space for breathalyzer if utilized in the jail.
006.09E Shower/strip search areas. Modesty screening shall be provided which would permit showering and dressing out inmates which are not strip searched;
006.09F Secure vault or storage space for inmate valuables. Also storage space sufficient to accommodate large items of inmates' personal property separately and securely shall be provided;
006.09G Space for storage and issue of clothing and sundries such as linens, blankets, soaps, toilet paper, towels, toiletries, shoes and possibly mattresses;
006.09H Telephone facilities;
006.09I One or more temporary holding cells shall be provided to temporarily detain inmates for up to eight (8) hours pending booking, court appearance, housing assignment, or release.
006.09I1 Temporary holding cells may be designed for multiple occupancy and shall provide at least twenty-five (25) square feet of floor space for each inmate at their rated capacity, but shall be no smaller than fifty (50) square feet.
006.09I2 Temporary holding cells shall be equipped with benches which provide sufficient seating to accommodate all persons at capacity, a high security toilet, wash basin with hot and cold running water, and drinking fountain. Modesty screening of toilet areas should be provided.
006.09J One or more detoxification cells shall be provided to temporarily detain intoxicated persons or other inmates who pose a danger to themselves or others.
006.09J1 Detoxification cells may be designed to house up to six (6) persons and shall provide at least twenty-five (25) square feet of floor space per inmate at their rated capacity, but shall be no smaller than fifty (50) square feet.
006.09J2 Detoxification cells shall be equipped with a high security toilet, wash basin with hot and cold running water, and drinking fountain, flushable floor drain and low benches. Modesty screening of toilet areas should be provided.
006.09J3 Detoxification cells shall be readily observable by staff.
006.10 Medical Service. All jail facilities shall provide space for routine medical examinations, emergency first-aid, emergency equipment storage, and secure medicine storage and dispensing.
006.11 Separate Housing. The design shall provide for the adequate separation of inmate classifications to be held in the facility as required in Chapter 5.003. The design should also provide for separate housing of work release inmates from the general population.
006.12 Confidential Interview. All jail facilities shall provide a sufficient number of interview areas, but no less than one (1), to accommodate the projected demand of visits by attorneys, counselors, ministers, or probation and parole officers. Interview areas shall be sufficient in size to accommodate four (4) persons and be acoustically private to satisfy the needs of confidential interviews.
006.13 Food Service. In jail facilities where in-house food service is provided, the kitchen shall have adequate space available for food preparation, disposal, and clean-up to serve the facility at its rated capacity. It shall be properly equipped and have adequate storage space for the quantity of food prepared and served. Provisions shall be made for the secure storage of kitchen knives and other utensils.
006.14 Janitor's closet. In all newly constructed detention facilities, at least one secure janitor's closet containing a mop sink and sufficient space for storage of cleaning supplies and equipment shall be provided within the security perimeter of the facility. In all renovated or holding facilities, a janitor's closet must be provided that is conveniently located.
006.15 Laundry. In all jail facilities where in-house laundry service is provided, there shall be sufficient space available for heavy-duty or commercial type washer(s), dryer(s), soiled clothing storage, clean laundry storage, and laundry supply storage.
006.16 Staff Posts. In all jail facilities, there shall be one or more staff posts located in close proximity of inmate housing areas in order to hear and respond promptly to disturbances or calls for help.
006.16A At least one (1) staff post shall be provided on each floor of inmate housing.
006.16B Control Center. In all newly constructed detention facilities, one (1) staff post shall be a control center. The control center shall be designed to be secure from unauthorized access. Entrances to the security perimeter shall be controlled from the control center. The control center should be equipped with release switches to open all cell doors in the event of an emergency.
006.17 Electronic Surveillance and Communication Systems. The security area of all jail facilities shall be equipped with an audio electronic surveillance and communication system designed to allow monitoring of activities and to allow inmates to communicate emergency needs to facility employees. Closed circuit television should primarily be used to verify identity of persons where direct vision is not possible. Closed circuit television shall not be used to monitor the interior of cell space and is not recommended for monitoring of dayroom or program space.
006.18 Emergency Power. All newly constructed jail facilities shall provide an emergency source of power to supply electricity for entrance lighting, exit signs, circulation corridors, fire alarm, electrically operated locks and emergency ventilation equipment.
006.19 Shower Facilities. Each housing unit shall provide access to at least one (1) shower for each twelve (12) inmates or fraction thereof. Showers shall provide hot and cold or tempered running water.
006.20 Inmate Privacy. Inmates' rights to privacy from unauthorized or degrading observation shall be protected without compromising the security and control of the facility. Privacy screening for all toilet and shower areas which still allows adequate supervision of inmates in those areas should be incorporated into the design.
006.21 Paint. Light, soft-toned washable paint shall be predominantly used for untiled walls and metalwork in the facility. Bright or dark toned accent walls or features are encouraged.
006.22 Hardware. All locks and detention hardware shall have the proper security value for the areas in which they are used. The use of padlocks in the place of a security lock on any door or window is prohibited.
006.23 Expansion Capability. Consideration of future expansion of bedspace capacity and support areas should be given in the site selection and planning of new jail facilities.
007 Holding Facilities. In addition to the general conditions, all newly constructed or renovated holding facilities shall conform to the following requirements:
007.01 All cells shall be designed for single occupancy and shall provide at least fifty (50) square feet of floor space.
007.02 All cells shall have a minimum width of at least six (6) feet and a minimum floor to ceiling height of eight (8) feet.
007.03 All cells shall be equipped with at least a bunk, toilet, wash basin with hot and cold running water, drinking fountain, and a mirror.
008 Detention Facilities. In addition to the general conditions, all newly constructed or renovated detention facilities shall conform to the following requirements:
008.01 The Jail Standards Board recommends that all inmate housing, except for dormitories, be designed for single occupancy; however, this is not a requirement. Single occupancy design requirements for each construction or renovation project will be approved on an individual basis by the Jail Standards Board, working with the responsible governing body and the architect. Single occupancy design requirements shall be based on historical data developed through prearchitectural programming which indicates the amount of single occupancy housing required.
008.02 Single occupancy cells shall provide at least sixty (60) square feet of floor space and shall be equipped with at least a toilet, mirror, wash basin with hot and cold running water, drinking fountain, table, seating, storage shelf or compartment, clothes hooks and a bunk.
008.03 Multiple occupancy cells shall provide at least forty-five (45) square feet of floor space per inmate at the cells' rated capacity and shall be equipped with at least a bunk, storage shelf or compartment, and clothes hook for each inmate at the cells rated capacity. A toilet, wash basin with hot and cold running water, drinking fountain, mirror, table, and seating shall also be provided.
008.04 Dayrooms. Dayroom space which provides a minimum of thirty-five (35) square feet of floor space per inmate at capacity, exclusive of a three (3) foot circulation area in front of cell door openings, shall be available adjacent to all single and multiple occupancy cells in each housing unit.
008.04A Dayrooms shall be equipped with at least a shower and tables and seating sufficient for all inmates. Dayrooms should provide access to outlets for telephone and television hook-up.
008.04B Where inmates do not have continuous access to their cells, dayrooms shall also be equipped with a toilet and a wash basin with hot and cold running water.
008.04C Access to dayrooms in maximum security areas should be through security vestibules.
008.05 Dormitories. Dormitory units shall provide a minimum of seventy (70) square feet of floor space per inmate including both sleeping and dayroom areas and shall be equipped with at least one (1) toilet and one (1) wash basin with hot and cold running water for each eight (8) inmates or fraction thereof, one (1) shower, drinking fountain, and mirror for each twelve (12) inmates or fraction thereof, and one (1) bunk for each inmate at rated capacity, and sufficient tables and seating for all inmates at rated capacity.
008.05A Dormitories are permitted in minimum security areas only.
008.05B Dormitory units shall be designed to hold no more than forty-eight (48) inmates.
008.05C Dormitory units should provide individual partitioned sleeping areas for inmates utilizing partial height screen walls or similar means to accommodate a moderate amount of privacy.
008.06 Isolation and Administrative Segregation. Isolation or administrative segregation cells shall provide at least seventy (70) square feet of floor space and shall be designed for single occupancy. Isolation or administrative segregation cells shall be equipped with at least a toilet, wash basin with hot and cold running water, drinking fountain, mirror, table and seating, shelf, and a bunk. If access to a dayroom is available, at least sixty (60) square feet of floor space shall be provided.
008.07 Program and Indoor Exercise Areas. Adequate space shall be provided for programs, exercise, and recreation for inmates in all detention facilities. At least one (1) multiple purpose room located near the inmate's housing unit is required. The space available shall be sufficient to accommodate the projected facility capacity, exercise and program offerings, the maximum number of users at any one time, and the requirements of Chapter 7.003 and Chapter 8.
008.08 Visitation Areas. Adequate visiting space shall be provided to accommodate the demand created by the projected number of visitors, visiting schedule, and the requirements of Chapter 9.003. These areas may provide for contact, non-contact or video visitation. Non-contact visiting areas should consist of one or more visitation booths which provide complete separation of visitor and inmate. Each booth should provide telephones, seating and countertop space for both visitor and inmate. The vision panel between the visitor and inmate should be a high security glazing material that is sufficient in size to allow reasonable visibility. Privacy partitions should be provided between booths and sound absorbing materials should be utilized to reduce noise and provide privacy during visits. Video visitation areas should consist of one or more visitation booths which provide visual and auditory contact between the visitor and the inmate. Privacy partitions should be provided and sound absorbing materials should be utilized to reduce noise and provide privacy during visits
008.09 Outdoor Exercise Areas. Sufficient outdoor exercise space shall be provided to accommodate the projected facility capacity, the exercise functions for which the space will be utilized, the maximum number of users at any one time and the requirement of Chapter 7.003. At least one exercise area of not less than 600 sq. ft. shall be provided.
History
- Effective 2014-06-02
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