title-83•Neb. Admin. Code tit. 83 — Standards for Juvenile Detention Facilities
Neb. Admin. Code tit. 83 — Standards for Juvenile Detention Facilities
title-83Neb. Admin. Code tit. 83Regulation
Chapter 1 Definitions and Purview
Neb. Admin. Code tit. 83, ch. 1 Definitions and Purview {#sec-83-nac-1 omnilex-key=us-ne-regs-official--title-83--83 NAC 1}
001 Legal Authority. Section 83-4,126 N.R.S. 1990 Supplement provides that the Jail Standards Board shall have the authority and responsibility to develop standards for juvenile detention facilities, including, but not limited to, standards for physical facilities, care, programs, and disciplinary procedures and to develop guidelines pertaining to the operation of such facilities. In accordance with the above referenced statutory requirements, these Standards are applicable to juvenile detention facilities.
002 Inspection Provision. Personnel of the Jail Standards Division of the Nebraska Commission on Law Enforcement and Criminal Justice shall have the authority to visit and inspect all juvenile detention facilities to assess such facilities' compliance with these Standards.
002.01 Each juvenile detention facility shall be subject to announced or unannounced visits by Commission personnel on at least an annual basis.
002.02 All logs, records, policy and procedures manuals, memoranda, and reports shall be available for review. Commission personnel shall be allowed to observe and interview juveniles and staff concerning any matter pertaining to these Standards. Commission personnel shall further have access to all parts of the facility for the purposes of inspecting the physical plant.
002.03 Commission personnel shall prepare a written report of each inspection within thirty (30) days following such inspection and provide copies to the appropriate governing body, presiding district judge, juvenile court judge, and the county attorney. The report will additionally be submitted to the Jail Standards Board for consideration at their next regularly scheduled meeting following such inspection.
003 Enforcement. If upon completion of an inspection, a juvenile detention facility is found to be in violation of any part of these Standards, the Jail Standards Board shall send notice of such non-compliance to the facility administrator, governing body responsible for the facility and the presiding district judge of the judicial district on which the facility is located.
003.01 Upon receipt of a notice of non-compliance from the Board, the facility administrator, governing body and the presiding district judge shall meet promptly to consider the official notice. Inspection personnel shall be available to advise and consult concerning appropriate corrective action.
003.02 The facility administrator and governing body shall develop a plan of corrective action to correct the deficiencies cited in the report. The plan shall include a description of the nature of non-compliance for each Standard cited, the steps to be taken to correct the deficiency, and a projected completion date. The plan shall be submitted to the Jail Standards Board for its approval. Corrective action, as outlined in the plan and approved by the Board, shall be initiated within six months of the receipt of the official notice.
003.03 If the facility administrator and governing body fail to initiate appropriate corrective action within six months of the receipt of official notice of non-compliance, the Jail Standards Board may petition the district court within the judicial district in which the facility is located to close such facility, or objectionable portion thereof.
003.04 The governing bodies of facilities which are in substantial non-compliance with standards outlined in Chapter 17 relating to existing physical structures may have a minimum of three years from the receipt of official notice of non-compliance to correct those cited deficiencies if the Jail Standards Board determines the following conditions have been met:
003.04A A plan of corrective action has been developed and approved by the Jail Standards Board in a timely manner as prescribed in 003.02 above;
003.04B Meaningful progress towards achieving compliance is demonstrated during the time frame approved by the Jail Standards Board in the corrective action plan; and
003.04C The deficiencies cited are not of a nature so as to pose an immediate danger to juveniles or facility personnel, in which case prompt corrective action on those violations is required.
004 Other Legal Authority. Juvenile detention facilities shall conform to all applicable public health, safety, and fire codes, building regulations, laws, and regulations set forth by the State of Nebraska, the county, and the municipality in which such facility is located.
005 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.
006 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 juvenile detention facility, facility employees, public, or juveniles. 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 Jail Standards Division. The Jail Standards Division may specify a maximum time limitation after having been properly notified. Written documentation of all temporary emergency suspensions of any of these Standards shall be maintained by the facility administrator.
007 Equivalencies. The specific requirements of these Standards may be modified by the Jail Standards Board on an individual basis to allow arrangements that would, in the Board’s judgement, provide at least equivalent conditions as would be afforded by explicit compliance with the corresponding Standards.
007.01 When a modification of a Standard is desired, the facility administrator shall submit a request, in writing, to the Jail Standards Board outlining the proposed alternative arrangement together with documentation showing how such arrangement will provide conditions at least equivalent to the corresponding Standard.
007.02 The modification, if granted, shall apply only to the petitioner for the specific facility cited.
008 Definitions.
008.01 “Administrative/Management Personnel” shall mean the director, administrator, superintendent, assistant director, and similarly classified positions who have primary responsibility for management of the facility.
008.02 "Admission" shall mean the point of entry into a facility; during admission processing the juvenile receives an orientation to facility rules and regulations. Assignment to living quarters and to appropriate staff members is also completed at this time.
008.03 "Agency" shall mean the unit of a governing authority which has direct responsibility for the operation of the juvenile detention facility, including the implementation of policy as set by the governing authority.
008.04 “Body Cavity Search” shall mean the examination and possible intrusion into the rectal or vaginal cavities to detect contraband. It is performed only by the facility physician or medical personnel.
008.005 “Booking” shall mean both a law enforcement process and a detention facility procedure. As a law enforcement administrative action, it is an official recording of an arrest and the identification of the person, place, time, arresting authority, and reason for the arrest. In a detention facility, it is a procedure for the admission of a person charged with or convicted of an offense, and may include searching, fingerprinting, photographing, medical screening, and collecting personal history data. Booking also includes the inventory and storage of the individual’s personal property.
008.06 “Budget” shall mean a plan for allocation of anticipated revenues and expenditures.
008.07 "Chemical Agent" shall mean an active substance, such as tear gas, used to deter disturbances that might cause personal injury or property damage.
008.08 "Classification" shall mean a process for determining the needs and requirements of those for whom confinement has been ordered and for assigning them to housing units and programs according to their needs and existing resources.
008.09 “Classroom” shall mean an area specifically designed and equipped for the conduct of educational and vocational programming.
008.10 “Clerical Personnel” shall mean secretaries, clerks, typists, receptionists, accountants, administrative aids and similarly classified employees who provide clerical or administrative support services within the facility.
008.11 “Code of Ethics” shall mean a set of rules describing acceptable standards of conduct for all employees.
008.12 "Community Resources" shall mean those social and welfare agencies, service clubs, citizen interest groups, self-help groups, and citizen volunteers who have the potential to assist juveniles. These various resources, which may be public or private, national or local, have the potential for help ranging from material and financial assistance, to guidance, counseling, and supportive services.
008.13 "Contact Visiting" shall mean a program inside and/or outside the facility that permits juveniles to visit with designated person(s). The area is free of obstacles or barriers that prohibit physical contact.
008.14 "Contraband" shall mean any item possessed by juveniles or found within the facility that is illegal by law or that is expressly prohibited by those legally charged with the responsibility for administration and operation of the facility.
008.15 "Contractor” shall mean a person or organization that agrees to furnish materials or to perform services for the facility or jurisdiction at a specified price. Contractors operating in correctional facilities are subject to all applicable rules and regulations for the facility.
008.16 “Control Center” shall mean the central point within a facility or institution where security activities are monitored and controlled. The control center is constructed at a level appropriate to the security level of the facility.
008.17 "Corporal Punishment" shall mean any act of inflicting punishment directly on the body, causing pain or injury.
008.18 "Correctional Facility" shall mean a place or organization designed and equipped to incarcerate or maintain persons sentenced by legal authority.
008.19 "Counseling" shall mean planned use of interpersonal relationships to promote social adjustment. Counseling programs provide opportunities to express feelings verbally with the goal of resolving problems of individual juveniles. There are at least three types of counseling that may be provided: individual, in a one-to-one relationship; small group counseling; and large group counseling in a living unit (i.e., therapeutic community).
008.20 "Dayroom" shall mean that portion of the housing unit which is separate and distinct from the sleeping rooms, but immediately adjacent and accessible therefrom.
008.21 "Detainee" shall mean any person confined in a local detention facility not serving a sentence for a criminal offense.
008.22 "Detainer" shall mean a warrant placed against a person in a federal, state or local correctional facility, notifying the holding authority of the intention of another jurisdiction to take custody of that individual when that person is released.
008.23 "Detoxification" shall mean the process by which an individual is withdrawn from a drug or alcohol addiction.
008.24 "Direct Care Personnel" shall mean any care staff member charged with day to day supervision of juveniles housed in a juvenile detention facility.
008.25 “Disciplinary Hearing” shall mean a nonjudicial administrative procedure to determine if substantial evidence exists to find a juvenile guilty of a rule violation.
008.26 “Disciplinary Report” shall mean a written report, prepared by a person with appropriate authority, describing an alleged violation of a facility’s rules or regulations.
008.27 “Dormitory” shall mean a room or secure housing unit which includes both dayroom and sleeping space within the same area.
008.28 "Educational Program" shall mean a program of formal academic education or a vocational training activity designed to improve the juvenile's employment capability.
008.29 “Educational Release” shall mean the designated time when juveniles leave the facility to attend school in the community, returning to custody after school hours.
008.30 “Emergency” shall mean any significant disruption of normal facility or agency procedure, policy, or activity caused by riot, escape, fire, natural disaster, employee action, or other serious incident.
008.31 "Emergency Care" shall mean care for an acute illness or unexpected health care need that cannot be deferred until the next scheduled sick call. Emergency care shall be provided to the juvenile population by the medical staff, physician, other appropriately trained staff, local ambulance services and/or outside hospital emergency rooms. This care shall be expedited by following specific written procedures for medical emergencies described in these Standards.
008.32 “Emergency Plans” shall mean written documents that address specific actions to be taken in an institutional emergency or catastrophe such as a fire, flood, riot or other major disruption.
008.33 “Emergency Power” shall mean an alternate power system that is activated when the primary source of electricity is interrupted. The system may be an emergency generator, battery operated power pack, or an alternate supply source.
008.34 "Existing Facility" shall mean any juvenile detention facility in use, or for which bids have been let, prior to the effective date of these Standards.
008.35 "Facility" shall mean a place, institution, building (or part thereof), set of buildings, or area (whether or not enclosing a building or set of buildings) that is used for the lawful custody and/or treatment of individuals. It may be owned and/or operated by public or private agencies and includes the staff and services as well as the buildings and grounds.
008.36 "Facility Administrator" shall mean the sheriff, chief of police, superintendent, or other individual charged by law or designated by administrative action with the operation and administration of a juvenile detention facility.
008.37 "Fire Code” shall mean federal, state, or local regulations governing fire safety.
008.38 “First Aid” shall mean care for a condition that requires immediate assistance from a person trained in first aid care and the use of the facility’s first aid kits.
008.39 "Footcandle" shall mean a measurement of light equal to the amount of direct light thrown by one international candlepower on a surface one foot away.
008.40 “Force, Use of” shall mean physical force used in instances of justifiable self-defense, protection of others, protection of property, or prevention of escapes. Physical force is used only as a last resort and in accordance with appropriate statutory authority.
008.41 “Furlough” shall mean a period of time during which an offender is allowed to leave the program or institution and go into the community for various purposes consistent with public interest.
008.42 "Governing Body" shall mean any council, commission, board, or office established or delegated as a source of legislative authority to provide the fiscal needs of the facility administrator so that he or she may carry out the provisions of these Standards.
008.43 "Grievance" shall mean a circumstance or action considered to be unjust and grounds for complaint.
008.44 "Health Authority" shall mean the physician, health administrator, or agency responsible for the provision of health care services at an institution or system of institutions; the responsible physician may be the health authority.
008.45 “Health Care” shall mean the sum of all action taken, preventive and therapeutic, to provide for the physical and mental well-being of a population. Includes medical and dental services, mental health services, nursing, personal hygiene, dietary services, and environmental conditions.
008.46 “Health Care Personnel” shall mean individuals whose primary duty is to provide health services to juveniles in keeping with their respective levels of education, training, and experience.
008.47 “Health-trained Employee” shall mean a person who provides assistance to a physician, nurse, physician’s assistant, or other professional medical staff. Duties may include preparing and/or reviewing screening forms for needed follow up; preparing juveniles and their records for sick call; and assisting in the implementation of medical orders regarding diets, housing, and work assignments.
008.48 "Hearing" shall mean a proceeding to determine a course of action, such as the placement of a juvenile, or to determine guilt or innocence in a disciplinary matter. Arguments, witnesses, or evidence are heard by a judicial officer or administrative body in making the determination.
008.49 "Housing Unit" shall mean the total living area available to a group or classification of juveniles in a detention facility. This area may consist of a dormitory or a combination of the space in each sleeping room and adjacent dayroom.
008.50 "Incident Report" shall mean a written document reporting an unusual occurrence or special event such as the discovery of contraband, use of force, use of chemical agents, discharge or firearms, etc.
008.51 “Indigent” shall mean an individual with no funds or source of income.
008.52 "Information System" shall mean the concepts and supporting technology for the collection, organization, and delivery of information for administrative use. There are two major types of information:
008.52.01 Standard information, consisting of data required for operational control, such as the daily count, payroll data, probation/aftercare success recidivism rates, and case load levels; and
008.52.02 Demand information, consisting of information that can be generated when a report is required, such as information on the number of juveniles eligible for discharge during a 12-month period by offense, sentence, and month of release.
008.53 "Jail Standards Board", also referred to as the "Board" shall mean that Board which was created by the Legislature to implement Standards for jail facilities and juvenile detention facilities.
008.54 "Jail Standards Division" shall mean that division of the Nebraska Commission on Law Enforcement and Criminal Justice which provides staff support to the Jail Standards Board.
008.55 "Juvenile" for the purposes of these Standards shall mean a person under the age of eighteen.
008.56 "Juvenile Court" shall mean the court having jurisdiction over juveniles who are alleged or found to be delinquent.
008.57 "Juvenile Detention Facility" shall mean a facility operated by a political subdivision or a combination of political subdivisions for the lawful custody and care of juveniles which is designed and operated to ensure that all entrances and exits are under the exclusive control of the facility's staff, thereby not allowing detained juveniles to leave without permission.
008.58 "Library Service" shall mean a service that provides reading materials for convenient use; circulation of reading materials; service to help provide users with library materials, educational and recreational audiovisual materials; or a combination of these services.
008.59 "Mail Inspection" shall mean examination of incoming and outgoing mail for contraband, cash, checks, and money orders.
008.60 “Major Rule Violation” shall mean a rule infraction that represents a significant threat to safety or security and requiring imposition of due process procedures. Major infractions include (1) violations that may result in disciplinary detention or administrative segregation; (2) violations for which punishment may tend to increase a juvenile’s sentence, such as extending parole eligibility; (3) violations that may result in a forfeiture, such as loss of good-time or work time; and (4) violations that may be referred for criminal prosecution.
008.61 “Medical Authority” shall mean a person licensed to practice medicine by the state of Nebraska.
008.62 "Medical Employee" shall mean a person such as nurse, physician's assistant, emergency medical technician who works under the supervision and authority of a medical authority
008.63 “Medical Records” shall mean separate records of medical examinations and diagnoses maintained by the responsible physician. The date and time of all medical examinations and copies of standing or direct medical orders from the physician to facility staff should be transferred to the resident record.
008.64 “Medical Screening” shall mean a system of structured observation/initial health assessment to identify newly arrived juveniles who pose a health or safety threat to themselves or others.
008.65 “Minor Rule Violation” shall mean a violation of the facility’s rules of conduct that is not a threat to safety, security, or order which does not require due process and can be resolved without the imposition of serious penalties. Minor infractions do not violate any state or federal statutes and may be resolved informally by reporting staff.
008.66 "Multiple Occupancy Room" shall mean a room or secure space designed to house more than one juvenile with a partition between the room and adjacent dayroom space.
008.67 "New Facility" shall mean any facility for which bids are let for construction after the effective date of these Standards.
008.68 “Non-contact Visiting” shall mean a program that restricts juveniles from having physical contact with visitors. Physical barriers usually separate the juvenile from the visitors with screens and/or glass. Voice communications between the parties are typically accomplished with phones or speakers. Juveniles who present a serious escape threat, are a threat to others, or require protection, are often designated for non-contact visits.
008.69 "Official Personnel File" shall mean a current and accurate record of the employee's job history, including all pertinent information relating to that history.
008.70 “Orientation and Reception” shall mean the reception period including interviews, testing, and other admissions-related activities, including distribution of information about programs, services, rules, and regulations.
008.71 "Parent" shall mean the person who is the natural, adoptive, or surrogate parent.
008.72 “Part-time Personnel” Employees who are not considered full time employees and who work a schedule with fewer hours per week than the minimum required for full-time status within the agency.
008.73 “Pat Search” shall mean the touching or feeling of the juvenile’s clothed body to detect contraband.
008.74 “Perimeter Security” shall mean a system that controls ingress and egress to the interior of a facility or institution. The system may include electronic devices, walls, fence, patrols and/or towers.
008.75 “Personal Property” shall mean tangible property that a juvenile has in his or her possession at the time of admission or receives while a resident of the facility.
008.76 “Personnel File” shall mean a current and accurate record of the employee’s job history, including all important information relating to that history.
008.77 "Physical Examination" shall mean a thorough evaluation of a patient's current physical condition and medical histories conducted by, or under the supervision of, a licensed medical professional.
008.78 "Plan of Action" shall mean a detailed statement of actions which will be taken by the agency to achieve compliance with a standard. The plan designates staff responsibilities and timetables for completing each task.
008.79 "Policy" shall mean a definite, stated course or method of action that guides and determines present and future decisions and activities. A policy is a statement of principles that guides the agency in the attainment of objectives. To comply with a standard that requires a policy for a certain area, there must be not only a written policy, but also evidence that a line of action or principle has been adopted and is being followed by the agency.
008.80 "Procedure" shall mean the detailed and sequential actions that must be executed to ensure that a policy is fully implemented.
008.81 “Professional Specialist Personnel” shall mean social workers, probation officers, and other staff assigned to juvenile offender cases. These individuals generally possess bachelor’s degrees and advanced training in the social or behavioral sciences.
008.82 “Program” shall mean the plan or system through which a correctional agency works to meet its goals; often this program requires a distinct physical setting, such as a correctional institution, community residential facility, group home, or foster home.
008.83 “Protective Custody” shall mean a status that describes juveniles requesting or requiring protection from others.
008.84 "Rated Capacity" shall mean the actual number of juveniles which may be housed in a particular room, housing unit, or facility based upon available square footage, sanitation fixtures, and other physical plant features specified in these Standards.
008.85 “Records" shall mean information concerning the individual's delinquent or criminal, personal, and medical history and behavior and activities while in custody, including but not limited to commitment papers, court orders, detainers, personal property receipts, visitors' lists, photographs, fingerprints, type of custody, disciplinary infractions and actions taken, grievance reports, work assignments, program participation, and miscellaneous correspondence.
008.86 "Referral" shall mean the process by which a juvenile is introduced to an agency or service where the assistance needed can be obtained.
008.87 "Releasing Authority" shall mean the decision-making body and/or person which has the responsibility to grant, deny, and revoke release from a juvenile facility.
008.88 "Renovation" shall mean the alteration of the structure of any juvenile detention 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.
008.89 "Responsible Physician" shall mean an individual licensed to practice medicine and provide health services to the population of the facility and/or the physician at an institution with final responsibility for decisions related to medical judgments.
008.90 "Restraints" shall mean devices used to restrict physical activity. Handcuffs, leg irons, and straight jackets are typically classified as restraints.
008.91 "Rulebook" shall mean a collection of the facility's resident rules of conduct and sanctions for violations, defined in writing.
008.92 "Safety Equipment" shall mean a collection of the facility's resident rules of conduct and sanctions for violations, defined in writing.
008.93 "Sally Port" shall mean 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.
008.94 "Security Devices" shall mean locks, gates, doors, bars, fences, screens, ceiling, floors, walls, and barriers used to confine and control detained persons. Also included are electronic monitoring equipment, security alarm systems, security light units, auxiliary power supplies, and other equipment used to maintain facility security.
008.95 "Security Perimeter" shall mean the outer portions of a facility that provide for secure confinement of facility residents. The design of the perimeter may vary depending on the security classification of the facility.
008.96 "Segregation" shall mean the confinement of a juvenile to an individual cell that is separated from the general population. There are three forms of segregation: administrative segregation, disciplinary detention, and protective custody. Administrative Segregation shall mean housing for juveniles whose continued presence in the general population poses a serious threat to life, property, self, staff, or other inmates. Disciplinary Detention shall mean housing for juveniles convicted of serious rule violations. Definition of Protective Custody, see Standard 1-008.03.
008.97 "Shall" is mandatory; "may" is permissive. 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.
008.98 "Single Occupancy Room" shall mean a room or secure space designed to house one (1) juvenile with a partition between the room and adjacent dayroom space.
008.99 "Standard" shall mean 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.
008.100 "Strip Search" shall mean an examination of a resident's naked body for weapons, contraband, injuries or vermin infestations. This also includes a thorough search of all of the individual's clothing while such is not being worn.
008.101 "Training" shall mean formal classroom instruction; on-the-job training under the direction of an instructor; training meetings or conferences that include a formal agenda and instruction by a teacher, manager, or official; physical training; or other instructional programs that usually include a trainer/trainee relationship. Training programs usually include requirements for completion, attendance recording, and a system for recognition of completion.
008.102 "Training Plan" shall mean a set of long- or short-range training activities that equip staff with the knowledge, skills, and attitudes they need to accomplish the goals of the agency.
008.103 "Volunteer" shall mean a person who donates his or her time and effort to enhance the activities of the program. Volunteers are selected on the basis of their skills or personal qualities to provide services in recreation, counseling, education, religious activities, etc.
008.104 "Work Release" shall mean an arrangement sanctioned by law that enables a juvenile to be released into the community to maintain approved employment and/or other approved activity.
History
- Effective 1993-08-08
Chapter 2 Administration, Organization, and Management
Neb. Admin. Code tit. 83, ch. 2 Administration, Organization, and Management {#sec-83-nac-2 omnilex-key=us-ne-regs-official--title-83--83 NAC 2}
001 Legal Authority. The governing body shall have the legal authority to establish and operate a juvenile detention facility.
002 Facility Administrator. The facility shall have a designated administrator who shall be responsible for all facility operations.
003 Organizational Chart. The facility shall have a written organizational chart which accurately reflects the structure of authority, responsibility, and accountability within the facility.
004 Mission Statement. The facility shall have a written mission statement which describes its philosophy and goals, who it will house and for what purposes, and what programs and services will be offered.
005 Policies and Procedures. The facility administrator shall develop and maintain a set of written policies and procedures describing all aspects of facility administration and operation.
005.01 All policies and procedures shall be reviewed at least annually and shall be revised as necessary. When policies and procedures are revised, a copy of the policies and procedures being replaced shall be kept on permanent file.
005.02 Written policies and procedures shall be made available to all facility employees.
005.03 Written policies and procedures shall form the basis for new facility employee orientation and training.
005.04 There shall be a procedure for dissemination of new or revised policies and procedures to facility employees prior to implementation.
005.05 The written policies and procedures shall be formally approved by the governing body having authority over the facility. When a subsequent revision to the written policies and procedures is made, the facility administrator shall provide a copy to the governing body and may proceed with implementation. The governing body shall review and approve subsequent revisions on at least an annual basis.
006 Post Orders. The facility shall have written post orders that state the duties and responsibilities for staff with post assignments. These post orders shall be reviewed at least annually and updated as necessary.
History
- Effective 1993-08-08
Chapter 3 Fiscal Management
Neb. Admin. Code tit. 83, ch. 3 Fiscal Management {#sec-83-nac-3 omnilex-key=us-ne-regs-official--title-83--83 NAC 3}
001 Budget. The annual budget request shall provide for an adequate allocation of resources for facility operations and programming.
002 Fiscal System. The facility shall utilize a fiscal system which accounts for all income and expenditures on an ongoing basis.
003 Accounting. The methods used for collecting, safeguarding, and disbursing monies, including juveniles' personal funds held by the facility, shall comply with accepted accounting procedures.
004 Secure Storage of Monies. All monies collected by the facility shall be secured daily in an officially designated and secure place.
005 Inventory. The facility administrator shall maintain current and complete records of all property, equipment, and stores. An inventory shall be conducted at least annually in the manner and detail prescribed by the governing body.
006 Equipment Needs. There shall be a written plan for the systematic review of equipment needs and for the timely replacement of equipment, when necessary.
History
- Effective 1993-08-08
Chapter 4 Personnel
Neb. Admin. Code tit. 83, ch. 4 Personnel {#sec-83-nac-4 omnilex-key=us-ne-regs-official--title-83--83 NAC 4}
001 Twenty-four Hour Supervision. The facility shall be staffed by facility employees awake and on duty on a twenty-four hour basis when juveniles are being housed.
002 Staffing. The facility shall have sufficient staff to perform all functions relating to security, supervision, services and programs and as needed to operate the facility in conformance with these Standards. The facility administrator shall prepare and/or update a staffing plan annually. The plan shall detail staff assignment in the facility and the number of full and part-time positions.
003 Minimum Coverage. There shall be a minimum of two (2) facility employees on duty at all times in the facility who are responsible for direct supervision of juveniles being detained. At least one of the facility employees on duty shall be female when females are housed in the facility and at least one shall be male when males are housed in the facility.
004 Qualifications. At the time of employment, all newly hired facility employees working in positions involving direct and continuing contact with juveniles shall meet the following requirements:
004.01 Be at least nineteen (19) years old;
004.02 Be a citizen of the United States;
004.03 Be free of any convictions of crimes punishable by imprisonment in a federal or state 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 a search made of local, state, and national fingerprint files for disclosure of any criminal records;
004.04 Have graduated from high school or possesses a certificate which certifies an educational development of at least high school level;
005 Personnel Manual. The facility shall have a written personnel manual, a copy of which is made available to each employee and which is explained to new employees at orientation. Each new employee shall be required to sign a statement acknowledging review or receipt of the manual and his or her responsibility for being aware of its contents. Any revisions, additions, or deletions to the personnel manual shall be conveyed to all facility employees when they occur. When the personnel manual is revised, a copy of the applicable sections of the manual being replaced shall be kept on permanent file.
006 Employee Disciplinary Process. The facility shall have a written disciplinary process that ensures the basic due process rights of employees in any adverse personnel actions.
007 Employee Grievance Procedure. The facility shall have a written grievance procedure that indicates the procedure for employees to follow in filing a grievance. The procedure shall, at a minimum, identify the hearing body and provisions for appeal.
008 Personnel Record. The facility or governing body shall maintain a current, accurate and confidential record for each employee. Employees shall have access to information maintained in their own personnel file.
009 Contract Employees. The facility may use consultants and/or contract personnel to provide certain services and programs. Such personnel shall be required to abide by the facility's policies and procedures, where applicable. Prior to assignment, each contract employee shall be required to complete an orientation and training program appropriate to the nature of the program or services for which he or she has been contracted to provide.
010 Volunteers. The use of volunteer services to enhance and improve services or program offerings is encouraged. Where volunteer services are utilized, the facility shall have written policies and procedures which address at a minimum the following:
010.01 The roles and types of job assignments for which volunteers may be utilized;
010.02 Recruitment, screening, selection, and assignment criteria; and
010.03 Lines of authority, responsibility, and accountability for the volunteer services program. Volunteers shall be required to abide by the facility's policies and procedures, where applicable. Prior to assignment, each volunteer shall be required to complete a training and orientation program appropriate to the nature of the assignment.
History
- Effective 1993-08-08
Chapter 5 Training
Neb. Admin. Code tit. 83, ch. 5 Training {#sec-83-nac-5 omnilex-key=us-ne-regs-official--title-83--83 NAC 5}
001 Training and Staff Development Plan. Each juvenile detention facility shall develop a training and staff development plan.
001.01 Written policy and procedure shall provide for the active participation by facility employees in the training and staff development plan.
001.02 The training and staff development plan shall be reviewed and updated on at least an annual basis.
001.03 The training and staff development plan shall be planned, coordinated, supervised and evaluated by a qualified supervisory or management-level employee.
002 Training Equipment, Space, and Resources. The necessary space, equipment, and resources needed for training of personnel shall be available at each juvenile facility or at sites selected for such training.
003 Training and Staff Development Budget. Each juvenile detention facility shall include in its annual budget necessary funds to at least meet the minimum training requirements of these Standards.
004 Orientation. All new full and part-time facility employees, volunteers, and contract personnel shall be provided orientation training before undertaking their job duty assignments.
004.01 Orientation shall include an overview of at least the following topics:
004.01A Purpose, mission, and philosophy of the agency;
004.01B Programs and services provided by the agency;
004.01C Organizational structure and chain of command;
004.01D Agency policies and procedures;
004.01E Employee rights and responsibilities and personnel rules;
004.01F Tour of the facility;
004.01G Safety and security issues such as key control, head counts, communication system, use of force, etc.;
004.01H Emergency procedures such as fire, tornado, suicides, etc.; and
004.01I Specific job assignment and work duties.
004.02 All facility employees, volunteers, and contract personnel shall sign a statement acknowledging completion of the orientation training.
005 Initial Training. After the orientation training and within the first year of employment, all new facility employees shall have satisfactorily completed an initial training program described herein which is related to their particular job classification.
005.01 Direct Care Personnel. Employees whose positions involve supervision of, or regular daily contact with juveniles shall have initial training in at least the following areas:
005.01A History and philosophy of the juvenile court, probation, and detention;
005.01B Overview of Nebraska Juvenile Detention Facility Standards, state and federal laws and regulations pertaining to juvenile detention;
005.01C Difference between adult and juvenile justice systems;
005.01D Juvenile rights and responsibilities;
005.01E Juvenile rules and regulations;
005.01F Security, safety, and search procedures and key control;
005.01G Supervision of juveniles;
005.01H Behavior observation and recording skills;
005.01I Behavior management techniques;
005.01J Use of force tactics to include a continuum of intervention from verbal to use of physical force and restraints;
005.01K Interpersonal relations and communication skills;
005.01L Adolescent growth and development;
005.01M Counseling techniques, including individual, group and family;
005.01N Recognition of the signs and symptoms of mental illness and retardation, substance abuse, and physical deficiencies;
005.01O Signs of suicide risks and prevention;
005.01P Managing incidents;
005.01Q Report writing;
005.01R Cultural diversity;
005.01S Juveniles with special needs;
005.01T Fire safety and other emergency procedures;
005.01U Medical, dental, and mental health needs of juveniles;
005.01V First aid and CPR;
005.01W Alcohol and drug testing;
005.01X Facility and food service sanitation;
005.01Y Infectious disease control;
005.01Z Basic services and programs in juvenile detention facilities;
005.01AA Classification;
005.01BB Stress management; and
005.01CC Public relations.
005.02 Supervisory Personnel. All employees whose positions involve regular juvenile contact but have primary responsibility for supervision of direct care staff on an assigned shift shall have initial training in at least those areas specified in Chapter 5-005.01 for Direct Care Personnel and in the following:
005.02A Employee supervision techniques;
005.02B Job descriptions and performance evaluations;
005.02C Policy and procedure development and implementation;
005.02D Team building; and
005.02E Specialized training relevant to the employee’s specific job assignment.
005.03 Professional Specialist Personnel. All employees whose positions involve regular juvenile contact and who provide professional services within the facility shall have initial training in at least the following areas:
005.03A History and philosophy of the juvenile court, probation and detention;
005.03B Nebraska Juvenile Detention Facility Standards;
005.03C Juvenile rights and responsibilities;
005.03D Juvenile rules and regulations;
005.03E Security, safety and key control procedures;
005.03F Supervision of juveniles;
005.03G Observation skills;
005.03H Behavior management techniques;
005.03I Interpersonal relations and communicating skills;
005.03J Adolescent growth and development;
005.03K Counseling techniques;
005.03L Signs of suicide risk and prevention;
005.03M Cultural diversity;
005.03N Juveniles with special needs;
005.03O Fire safety and other emergency procedures;
005.03P First aid and CPR; and
005.03Q Specialized training relevant to the employees’ specific job assignment.
005.04 Administrative/Management Personnel. All employees whose positions may involve regular juvenile contact but who have primary responsibility for management of the facility shall have initial training in at least the following areas:
005.04A History and philosophy of the juvenile court, probation and detention;
005.04B Overview of Nebraska Juvenile Detention Facility Standards, State and Federal laws and regulations pertaining to juvenile detention;
005.04C Differences between adult and juvenile justice systems;
005.04D Legal issues pertaining to juvenile detention;
005.04E General management and/or supervision techniques;
005.04F Labor law;
005.04G Staff/management relations;
005.04H Job descriptions and performance evaluations;
005.04I Policy and procedure development and implementation;
005.04J Relationship-building with governing authority and other juvenile justice agencies;
005.04K Budget development and management;
005.04L Team building; and
005.04M Specialized training relevant to the employee’s specific job assignment.
005.05 Support Personnel. All employees whose positions may involve regular juvenile contact but who have primary responsibility for providing maintenance and operational support services to the facility shall have initial training in at least the following areas:
005.05A History and philosophy of juvenile court and detention;
005.05B Juvenile rights and responsibilities;
005.05C Juvenile rules and regulations;
005.05D Safety, security and key control procedures;
005.05E Fire safety and other emergency procedures;
005.05F Supervision of juveniles;
005.05G Behavior management techniques;
005.05H Interpersonal relations and communication skills;
005.05I Programs and services provided by the facility; and
005.05J Specialized training relevant to the employee’s specific job assignment.
005.06 Clerical Personnel. All employees whose positions involve minimal or no contact with juveniles and who have primary responsibility for providing clerical or administrative support services to the facility shall have initial training in at least the following areas:
005.06A History and philosophy of juvenile court and detention;
005.06B Juvenile rights and responsibilities;
005.06C Safety, security and key control procedures;
005.06D Fire safety and other emergency procedures;
005.06E Program and services provided by the agency;
005.06F Interpersonal relations and communications skills;
005.06G Relationships with other agencies and departments; and
005.06H Specialized training relevant to the employees’ specific job assignment.
005.07 Part-time Personnel. All employees who work less than forty (4) hours per week shall have initial training in at least the following areas:
005.07A History and philosophy of juvenile court and detention;
005.07B Juvenile rights and responsibilities, when applicable;
005.07C Juvenile rules and regulations, when applicable;
005.07D Safety, security and key control procedures;
005.07E Fire safety and other emergency procedures;
005.07F Supervision of juveniles, when applicable;
005.07G Behavior management techniques, when applicable;
005.07H Interpersonal relations and communication skills;
005.07I Programs and services provided by the agency; and
005.07J Specialized training relevant to the employees’ job
assignment.
006 Training Curriculum Certification. Curriculum utilized to provide the initial training specified in 005 above shall be certified by the Jail Standards Board.
006.01 The following information shall be provided to the Jail Standards Board in order for the curriculum to be evaluated for certification:
006.01A Course title, outline of course content, course objectives and number of classroom hours;
006.01B Course evaluation procedure;
006.01C Qualifications of instructor(s);
006.01D Research and resources used in course design;
006.01E Academic and attendance requirements; and
006.01F Copies of certificates issued.
006.02 Documentation of all certified curriculum shall be maintained by the Jail Standards board and shall be available to the public.
007 Successful Completion. Employees shall be considered to have satisfactorily completed the training if all academic and attendance requirements established by the certified curriculum provider have been met and a certificate or proper documentation has been issued to the employee. A copy of the certificate or proper written documentation shall be maintained in the employee’s personnel file.
008 Comparable Training. New facility employees with prior training shall be considered to have met some of all of the requirements of 005 above upon the approval of a waiver by the Jail Standards Board for comparable training.
008.01 In order to evaluate a request for waiver of initial training, the Board may request that the information outlined in 006.01 above be provided by the new employee.
008.02 Documentation of the full or partial waiver shall be maintained in the employee’s personnel file.
009 In-service Training. After the first year of employment, all facility employees shall receive at least the minimum hours of annual in-service training identified below for the type of position they hold:
009.01 Direct Care - 20 hours
009.02 Professional Specialist - 20 hours
009.03 Clerical - 8 hours
009.04 Administrative/Management - 40 hours
009.05 Support - 20 hours
009.06 Volunteer - 1 hour
009.07 Contract - 1 hour
College courses, seminars, correspondence courses, training bulletins, videos or other types of training may be utilized to fulfill the in-service training requirement if they are of a nature that will increase the employee’s value to the facility.
010 Training Records. The facility shall maintain a complete and current record of all training received for each facility employee in the employee’s
personnel file. Copies of any certificates issued shall also be maintained.
History
- Effective 1993-08-08
Chapter 6 Facility Information Systems
Neb. Admin. Code tit. 83, ch. 6 Facility Information Systems {#sec-83-nac-6 omnilex-key=us-ne-regs-official--title-83--83 NAC 6}
001 Written Policy and Procedure. The facility shall have written policy and procedure to govern the collection, management, and retention of information pertaining to juveniles and the operation of the facility. Written policy and procedure shall address, at a minimum, the following:
001.01 Accuracy of information, including procedures for verification;
001.02 Security of information, including access and protection from unauthorized disclosure;
001.03 Content of records;
001.04 Maintenance of records;
001.05 Length of retention; and
001.06 Method of storage or disposal of inactive records.
002 Release of Information. Prior to release of information to agencies other than criminal justice authorities or other agencies with court orders for access, a written release of information shall be obtained from the juvenile's parent or legal guardian involved with a copy placed in the juvenile's file folder.
003 Juveniles' Access to Records. Juveniles shall be permitted reasonable access under appropriate supervision to information in their own files and records. The facility administrator may restrict the juvenile's access to certain information, or provide a summary of the information, when its disclosure to the juvenile presents a threat to the safety and security of the facility or may be detrimental to the best interests of the juvenile. If a juvenile’s access to records is denied, documentation that states the reason for the denial shall be maintained by the facility.
004 Detention Facility Register. The facility shall maintain an accurate record of all persons admitted to the facility, including the detainee's name, address, date of birth, date and time of admission, cause and authority for admission, time and date of discharge, and authority for discharge.
005 Shift Log. The facility shall maintain documentation on each shift in which includes the following, at a minimum:
005.01 Personnel on duty;
005.02 Time and results of checks and head counts conducted in accordance with Chapter 8-001 and 003 respectively;
005.03 Names of juveniles received or discharged with times recorded;
005.04 Names of juveniles temporarily released or returned for such purposes as court appearances, work/education releases, furloughs, or other authorized absences from the facility with times recorded;
005.05 Time of meals served;
005.06 Shift activities, including any action taken on the handling of any unusual or routine incidents;
005.07 Entry and exit of all visitors, including physicians, attorneys, volunteers and others;
005.08 Notations of problems, disturbances, escapes; and
005.09 Notations of any use of emergency or restraint equipment.
006 Temporary Confinement Log. The facility shall maintain documentation of juveniles placed in temporary confinement away from the general population. The documentation may be combined with that required in paragraph 005 above. The following information, at a minimum, shall be recorded:
006.01 All incidences where juveniles are placed in temporary confinement, including time and date;
006.02 All visits to juveniles housed in temporary confinement;
006.03 Any services or programs provided to juveniles housed in temporary confinement;
006.04 Any disciplinary action taken on juveniles housed in temporary confinement; and
006.05 Any deprivation or removal of an authorized item, with the reason noted.
007 Housing Assignment Roster. The facility shall maintain a master file or roster board indicating the current housing assignment and status of all juveniles detained.
008 Incident Reports. Facility employees shall promptly prepare written reports of all incidents resulting in physical harm to any individual or the facility, or threatening the safety of any individual or security of the facility, for review by the facility administrator.
009 Food Service Records. The facility shall maintain an accurate record of all meals served to juveniles as provided in Chapter 9-006.
010 Visitor's Register. The facility shall maintain a visitor's register in which the following will be recorded:
010.01 Name of each visitor;
010.02 Time and date of visit;
010.03 Juvenile to be visited; and
010.04 Relationship of visitor to juvenile.
011 Record of Initial Telephone Calls. The facility shall maintain a record of the initial telephone calls made by the juvenile upon admission to the facility as provided in Chapter 15-008.
012 Individual File Folder. The facility shall maintain an accurate and current file folder for each juvenile detained. The file folder shall contain, at a minimum, the following:
012.01 Booking and intake records;
012.02 Record of court appearances;
012.03 Documentation of authority to hold;
012.04 Probation officer or caseworker, if assigned;
012.05 Itemized inventory forms for all clothing, property, money and valuables taken from the juvenile;
012.06 Record of deposits/withdrawals from the juvenile's account;
012.07 Classification records;
012.08 Records of participation in programs and services;
012.09 Rule infraction reports;
012.10 Records of disciplinary actions;
012.11 Grievances filed and their dispositions;
012.12 Incident reports involving the juvenile; and
012.13 Release records.
013 Medical Files. The facility shall maintain a separate file for each juvenile's medical records. The medical file shall contain, at a minimum, the following:
013.01 Medical screening form;
013.02 Any mental health screening form;
013.03 Any subsequent health appraisal forms;
013.04 Any requests for medical attention;
013.05 All records of medical encounters, including time, date and provider of the services;
013.06 All findings, diagnoses, and treatments;
013.07 Copy of all prescriptions and records of dispensing;
013.08 Any release of medical information forms completed; and
013.09 Any consent or refusal of medical services forms completed.
014 Access to Medical Files. The facility administrator, in conjunction with the facility physician, shall establish procedures to determine access to medical files.
015 Records Maintenance. The retention and disposition of all records maintained by the facility pursuant to these Standards shall conform to applicable retention schedules established by the State Records Administrator.
History
- Effective 1993-08-08
Chapter 7 Fire Safety and Emergency Procedures
Neb. Admin. Code tit. 83, ch. 7 Fire Safety and Emergency Procedures {#sec-83-nac-7 omnilex-key=us-ne-regs-official--title-83--83 NAC 7}
001 Written Policy and Procedure. The facility shall have written policy and procedure which address fire safety, other safety-related practices, and the facility’s plans for responding to emergency situations.
002 Compliance with Fire Code. The facility shall maintain documentation by the Nebraska State Fire Marshal or his designee that the facility complies with the applicable life safety code based on an annual inspection of the facility.
003 Fire Safety Coordinator. The facility administrator shall designate a facility employee to coordinate safety-related functions who has received training and is familiar with the applicable regulations, inspection process, and fire prevention practices.
003.01 The safety coordinator shall conduct at least weekly fire safety inspections of the facility.
003.02 The safety coordinator shall schedule and coordinate fire drills at least quarterly.
003.03 The safety coordinator shall arrange for the inspection and testing of fire detection and suppression equipment by licensed persons at least semi-annually.
003.04 The time, date, and results of all safety inspections, fire drills, and equipment testing and inspection shall be documented.
004 Fire Evacuation Plan. The facility shall have a written fire evacuation plan for use in the event of fire or major emergency. The plan shall include routes of evacuation and provisions for housing of juveniles after evacuation. The plan shall be posted where juveniles and staff may familiarize themselves with it.
005 Coordination with Fire Department. The facility administrator shall involve the local fire department in fire emergency planning and training, and drills, as appropriate.
006 Storage, Use of Caustic Materials. Provisions shall be made for the safe storage, use, and accountability of all flammable, toxic, or caustic materials. Juveniles shall not have access to such items unless they are under the constant supervision by facility employees.
007 Written Emergency Plans. The facility shall have written plans which specify procedures to follow in emergency situations such as fire, disturbance, natural disaster, escape, or taking of hostages. Such plans shall be made available to all applicable employees and they shall be reviewed and updated at least annually.
History
- Effective 1993-08-08
Chapter 8 Security and Control
Neb. Admin. Code tit. 83, ch. 8 Security and Control {#sec-83-nac-8 omnilex-key=us-ne-regs-official--title-83--83 NAC 8}
001 Personal Observation. Except when juveniles are involved in an activity where staff is present, facility employees shall observe all juveniles at least every thirty (30) minutes on an irregular schedule and the time of all such checks shall be logged. More frequent checks should be made of juveniles who are violent, suicidal, mentally ill, intoxicated, or who have other special problems or needs warranting closer observation.
002 Cross Gender Supervision. Policies governing supervision of female juveniles by male employees and male juveniles by female employees shall be based on equal employment opportunity, privacy needs, and legal standards. Except in emergencies, facility employees should not observe juveniles of the opposite sex in toilet and shower areas. Reasonable accommodation of privacy needs shall be observed.
003 Head Counts. The facility shall have a system to physically count juveniles. At least three (3) documented counts, during which the juveniles' physical presence is confirmed, shall be conducted every twenty-four (24) hours.
003.01 At least one (1) count shall be conducted each shift and there shall be at least four (4) hours between each count.
003.02 The system shall also provide strict accountability of juveniles on work release, educational release, or other temporary leave status who may be absent from the facility for certain periods of the day.
004 Staff Posts. The facility shall have staff located in or adjacent to juvenile housing and activity areas to permit facility employees to hear and respond promptly to problems or emergency situations.
005 Electronic Surveillance. Electronic surveillance shall not be used in place of the personal observation of juveniles required in paragraph 001 above. Visual electronic surveillance equipment, where available, shall be used primarily to monitor hallways, stairwells, points of access through the security perimeter, and common areas. If juvenile living areas are visually monitored with electronic equipment, provisions shall be made to shield shower and toilet areas to protect juvenile privacy.
006 Use of Force. The use of physical force by facility employees shall be restricted to instances of justifiable self-protection, the protection of others or property, the prevention of escapes, or the suppression of disorder and then only to the degree necessary to restore order.
006.01 Physical force shall not be used as punishment.
006.02 Facility employees shall prepare a written report following any use of force to be made available for review by the facility administrator.
007 Use of Restraints. Restraint equipment may be used only as a precaution against escape during transfer, for medical reasons under the direction of the facility physician, or as a prevention against self-injury, injury to others, or damage to property.
007.01 Restraint equipment shall be applied only for the amount of time absolutely necessary.
007.02 The use of restraint equipment, other than for routine use during transfer, shall be approved by the employee in charge and documented in a report prepared for review by the facility administrator. The report shall state the reason restraints were used and the length of time they were used.
008 Security Perimeter. The facility shall have a security perimeter to prevent access to the facility by unauthorized personnel.
009 Locked Doors. All security perimeter entrances, exterior doors, and other doors which the facility administrator determines should be locked shall be kept locked except when in use.
010 Security Inspections. The facility administrator or his/her designee shall conduct at least weekly inspections of all locks, windows, floors, walls, ventilator covers, access plates, glass panels, protection screens, doors and other security equipment. The date, time, and results of these inspections shall be recorded on a checklist or log. The facility administrator shall promptly correct any identified problems.
011 Contraband Defined. The facility administrator shall maintain a list of items designated as contraband and shall describe contraband in the juveniles' rulebook and visiting rules. Facility employees shall be familiar with what items are included on the list of designated contraband.
012 Facility Search Plan. The facility shall have a facility search plan for the control of contraband and weapons which provides for unannounced and irregularly timed searches of juveniles' rooms, dayrooms, and activity, work or other areas accessible to juveniles.
013 Contraband Control, Incoming Supplies. Contraband control procedures shall provide for the inspection of all materials and supplies coming into the facility.
014 Personal Searches. The facility shall have a plan for the searching of juveniles for the control of contraband and weapons which includes, at a minimum, the following provisions:
014.01 Search of juveniles upon re-entering the security perimeter;
014.02 Search of newly admitted juveniles in accordance with Chapter 15-004;
014.03 Periodic unannounced and irregularly timed searches of juveniles;
014.04 Provision for strip searches at such times when there exists reasonable suspicion that the juvenile is in the possession of contraband or weapons.
015 Pat Searches. Except in cases of emergency, pat searches should be conducted by facility employees of the same sex. If a juvenile 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 females, an employee of the same sex as the juvenile shall be summoned to conduct the search.
016 Strip and Body Cavity Searches. All strip and body cavity searches shall be conducted in private and in a manner which preserves the dignity of the juvenile to the greatest extent possible and under sanitary conditions. All strip searches shall be conducted by facility employees of the same sex as the juvenile or by the facility physician or medical personnel. Body cavity searches shall be conducted only by the facility physician or by medical personnel. No persons of the opposite sex of the juvenile, other than the facility physician or medical personnel when such is the case, shall be present during strip or body cavity searches. In all strip or body cavity searches, there shall be at least two staff persons present.
016.01 All Strip searches and body cavity searches shall be documented as prescribed in Chapter 15-004.07. Documentation of strip and body cavity searches shall be maintained in facility files and in the juvenile’s file.
017 Seizure and Disposition of Contraband. All contraband and weapons found during facility or juvenile searches shall be seized. The seizure and disposition of the contraband and weapons shall be documented. When a crime is suspected to have been committed within the facility, all evidence shall be maintained and made available to the proper authorities.
018 Expeditious Release in Emergencies. All facility employees shall be familiar with the locking system of the facility and shall be able to release juveniles immediately in the event of a fire or other emergency.
019 Key Control. The facility shall have a key control system which includes, at a minimum, the following provisions:
019.01 All keys not issued to employees shall be stored in a secure depository which is inaccessible to unauthorized persons at all times;
019.02 There shall be an accounting procedure for the issuance and return of keys;
019.03 There shall be a procedure for reporting and repair of any broken key or lock;
019.04 A duplicate set of keys shall be maintained in a separate, secure place;
019.05 Juveniles shall be prohibited from handling keys which operate perimeter security locks. Juveniles may use some internal door keys if they are trained and appropriately authorized to do so by facility’s policy;
019.06 Emergency keys shall be readily accessible for issuance in accordance with emergency procedures;
019.07 A key inventory shall be maintained in which each lock is identified with its location, number of keys available, and key labels recorded; and
019.08 Precautions shall be made to ensure the security of non-key operated locks such as electrical switches or mechanical levers.
020 Tool Control. The facility shall have a tool control system which includes, at a minimum, the following provisions:
020.01 All facility owned tools and other potentially dangerous equipment shall be securely stored in a locked area or outside the security perimeter;
020.02 There shall be an accounting system to record the issuance and return of all facility-owned tools and equipment;
020.03 Facility employees shall carefully monitor the use of tools and equipment by maintenance and repair workers within the security perimeter to ensure that none are left unattended, lost or forgotten;
020.04 Tools and equipment shall be used by juveniles within the security perimeter only under the direct supervision of facility employees; and
020.05 The loss or misplacement of tools or equipment shall be promptly reported to the facility administrator.
021 Use of Weapons. Except in emergency situations, no firearms, chemical agents, or other weapons shall be permitted within the secure resident living area of the facility.
021.01 Facility employees shall use only security equipment issued through, or approved by the facility administrator and only when authorized by the facility administrator. Facility employees shall use only security equipment for which they have received training and are qualified to use.
021.02 The facility shall provide a weapons locker or similar arrangement at security perimeter entrances for the temporary storage of weapons belonging to law enforcement officers who must enter the facility.
022 Use of Security Equipment Reporting. The use of any security equipment to control the behavior of juveniles shall be documented promptly by facility employees involved in a written report to the facility administrator..
023 Emergency Procedures. The facility shall have written policy and procedure for the handling of emergency situations including, at a minimum, escape, hostage taking, riots or disturbances, suicide, natural disasters, and group arrest.
History
- Effective 1993-08-08
Chapter 9 Food Services
Neb. Admin. Code tit. 83, ch. 9 Food Services {#sec-83-nac-9 omnilex-key=us-ne-regs-official--title-83--83 NAC 9}
001 Food Service Supervision. The facility's food service operation shall be supervised by a designated employee who has experience and/or training in meal preparation, menu planning, staff supervision, ordering procedures, health and safety policies, theft precautions, and inventory control.
001.01 If food is obtained through a food service contract from an outside source, provisions shall be made to assure that the contractor complies with the applicable section of these Standards.
002 Dietary Allowances. The current edition of the publication "Recommended Dietary Allowances" of the National Academy of Sciences shall guide the preparation of menus to ensure a nutritionally balanced diet.
003 Menu Planning. All menus shall be planned, dated, and available for review at least one week in advance. Notations shall be made of any changes in the menu. Menus shall be kept at least one (1) year after use.
004 Special Diets, Medical. Special diets prescribed by a physician shall be followed according to the orders of the treating physician or dentist.
005 Special Diets, Religious. Provisions shall be made for special diets when a juvenile’s religious beliefs require adherence to particular dietary practices. The facility administrator or his/her designee should contact appropriate clergy to secure diet specifications, as necessary.
006 Food Service Records. The facility shall maintain an accurate record of all meals served to juveniles, including special diets. The items served and the time and date served shall be recorded. A notation shall also be made when a juvenile refuses to eat.
007 Review of Menus. 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 dietician's or nutritionist's review and verification. Subsequent menus shall be promptly revised to eliminate any deficiencies noted.
008 Providing Meals. Three meals, at least one of which includes a hot entree, shall be served daily.
008.01 Meals must be served at approximately the same time every day. No more than fourteen (14) hours shall elapse between the evening meal and breakfast the next day unless an evening snack is served. If snacks are provided, up to 16 hours may elapse between the evening meal and breakfast.
008.02 Youth out of the facility attending court hearings or other approved functions when meals are served shall have a meal provided upon their return if they have not already eaten.
008.03 If meals are provided to staff, the menu should be the same as provided to juveniles.
009 Palatability. Food flavor, texture, temperature, appearance and palatability shall be considered in food preparation. Food shall be served promptly after preparation. Procedures shall ensure hot food is served hot and cold food is served cold.
010 Use of Food as Disciplinary Sanction Prohibited. Food shall not be withheld from juveniles, nor the menu varied as a disciplinary sanction.
011 Supervision of Meals. All meals shall be served under the direct supervision of facility employees to prevent favoritism, careless serving, or waste. Juveniles may be assigned to assist with preparation, serving and clean-up of meals as long as they are supervised by staff.
012 Control of Utensils. The facility shall have a control system for the issuance and return of all food preparation and eating utensils.
012.01 An adequate supply of appropriate serving utensils shall be maintained to accommodate preparation and serving requirements.
012.02 An adequate supply of food preparation equipment shall be maintained.
013 Sanitation. Food service and related sanitation practices shall comply with the requirements of the State Health Department or other appropriate regulatory body.
013.01 The facility administrator shall solicit at least an annual sanitation inspection by a qualified entity. The results of such inspections shall be documented and the facility administrator shall take prompt action to correct any identified problems.
013.02 A daily inspection of all food service areas and equipment shall be conducted by the facility administrator, food service personnel, or other facility employee who is familiar with food service sanitation requirements and practices.
013.03 If food is obtained through a contract for food service from a source outside the facility, the facility shall maintain documentation that the food service provider complies with applicable food service sanitation codes based on an annual inspection by the appropriate regulatory authority.
014 Screening of Food Service Workers. Written policy shall provide that all persons assigned to food service work, including juveniles, shall be in good health and free from any communicable or infectious diseases, vermin, or open, infected wounds.
015 Personal Hygiene. All persons assigned to food service work shall be required to maintain adequate personal hygiene and cleanliness and wear sanitation gloves and hairnets or caps while working.
016 Food Service Sanitation Training. All persons assigned to food service work shall be familiar with appropriate food service sanitation practices and requirements.
017 Dishwashing. All dishes, utensils, pots, pans, trays, and food carts used in the preparation, serving, or consumption of food shall be washed and rinsed promptly after every meal. Disposable utensils and dishes shall not be reused.
018 Cleaning Schedule. A daily cleaning schedule shall be established and followed to ensure the entire food service area is kept clean and sanitary.
019 Sanitation, Food Storage Areas. All storage and pantry areas shall be maintained in clean and sanitary condition at all times, and kept free from contamination from any source at all times.
020 Sanitation, Garbage Handling. All garbage shall be stored in water tight containers with plastic trash liners and tight fitting covers. Garbage shall be removed at least daily.
021 Food Storage. All food or food products, prepared or in bulk, shall be stored in clean, seamless containers after opening of the original container. Non-perishable food shall be stored off the floor on washable shelving and shall be protected from flies, rodents, vermin, overhead leakage, and away from excessive heat. All perishable food, meat and dairy products, fresh fruit and fresh vegetables shall be refrigerated at the proper temperature to maintain them in their best condition until used.
022 Rotation of Food Items. All items stored for future use shall be rotated on a first in, first out basis. All food that is opened, but not used, may be saved and stored for later use if date opened is marked. All opened food shall be used within an appropriate time to avoid spoilage or shall be thrown away.
023 Storage of Cleaning Supplies. Soaps, detergents, waxes, cleaning compounds, insect spray, and any other toxic or poison materials shall be kept in a separate, locked storage area.
024 Construction, Kitchen Floors. Kitchen floors shall be constructed of smooth, durable material to provide an easily cleanable surface.
025 Construction, Other Surfaces. All kitchen walls, shelves, ceilings, and cabinets shall be finished with smooth, washable light-colored finishes to provide easily cleanable surfaces.
026 Lighting. At least 20 foot-candles of artificial lighting shall be provided in the kitchen.
027 Ventilation. Adequate ventilation shall be available to dispel excessive heat, steam, condensation, obnoxious odors, vapors, smoke, and fumes from the kitchen area.
028 Screening of Vent Openings. All vent openings to outside air shall be screened to prevent entrance of dirt, dust, and other contaminants.
029 Water Supplies. Adequate supplies of hot and cold water shall be available in the kitchen. Water required for washing and rinsing shall be available in sufficient quantities at the temperatures required by the "Food Service Sanitation Manual."
030 Toilet. Toilet and lavatory facilities shall be available to food service workers in the vicinity of the kitchen.
History
- Effective 1993-08-08
Chapter 10 Sanitation and Hygiene
Neb. Admin. Code tit. 83, ch. 10 Sanitation and Hygiene {#sec-83-nac-10 omnilex-key=us-ne-regs-official--title-83--83 NAC 10}
001 Sanitation Inspections. The facility shall be maintained in a clean and healthful condition. The facility administrator or his/her designee shall conduct at least weekly sanitation and maintenance inspections of all areas of the facility.
002 Vermin Control. The facility shall have a plan for the control of vermin and pests which includes inspections and fumigations, as necessary, by a licensed pest control professional.
003 Housekeeping Plan. The facility shall have a written housekeeping plan for all areas of the physical plant which provides for daily housekeeping and maintenance by assigning specific duties to juveniles and staff. The plan shall include the following provisions:
003.01 All work shall be assigned and supervised by facility employees. No juvenile shall be allowed to assign work to other juveniles;
003.02 Bars, screens, ledges, and other exposed surfaces shall be dusted and/or washed at least weekly or when soiled, dirty or otherwise necessary;
003.03 Hard surfaced floors shall be swept daily and scrubbed and rinsed at least weekly. Carpeted floors shall be vacuumed daily. Floors shall be kept free of hazardous objects at all times;
003.04 Walls and ceilings shall be cleaned when soiled. Juveniles shall be prohibited from placing pictures, pin-ups or other objects on walls or ceilings except in designated areas;
003.05 Toilets, lavatories, sinks, showers and other sanitary equipment shall be cleaned daily;
003.06 Each juvenile shall be responsible for keeping his/her own room or sleeping area clean at all times. Rooms and dormitories shall be kept free of accumulations of food or unnecessary articles which might attract vermin;
003.07 Durable, fire-retardant trash receptacles shall be provided throughout the facility and shall be emptied and cleaned daily;
003.08 Adequate cleaning tools and supplies shall be provided to juveniles to be used under the supervision of facility employees. Supplies shall not be stored in living areas. Mops and other cleaning tools shall be thoroughly cleaned after each use and stored in a well-ventilated place. Juveniles' access to cleaning equipment, tools, and supplies shall be controlled;
003.09 Mop sinks and janitor's closets shall be cleaned thoroughly after each use;
003.10 To the extent possible, cleaning and janitorial supplies shall be nontoxic to humans. All poisonous and caustic compounds and aerosol containers used for cleaning shall be clearly labeled and kept in a locked storage area apart from all other articles.
004 Painting. Painted surfaces shall not be scaled or deteriorated.
005 Maintenance and Repair. All plumbing, lighting, ventilation equipment, furnishings, and security hardware in juvenile living areas shall be kept in good working order. Any broken fixture, equipment, furnishings, or hardware shall be promptly repaired or replaced.
006 Water Quality. Where the facility's water supply is obtained from a private source, the source shall be properly located, constructed, and operated to protect it from contamination and pollution. The water shall meet all current standards set by the applicable state and/or local authority as to bacteriological, chemical, and physical tests for purity.
007 Shower Facilities. Sufficient shower facilities with adequate supplies of hot and cold water shall be available in the juveniles' living areas to permit juveniles to shower or bathe daily. Juveniles shall be encouraged to shower or bathe at least three times per week.
008 Hair Care. Provisions shall be made for juveniles to receive hair care as needed.
009 Personal Hygiene Items. The facility shall provide without charge the following articles necessary for maintaining proper personal hygiene which should be culturally sensitive to the needs of residents:
009.01 Soap;
009.02 Shampoo;
009.03 Deodorant;
009.04 Toothbrush;
009.05 Toothpaste;
009.06 Comb;
009.07 Shaving equipment upon request; and
009.08 Products for female hygiene needs.
010 Toilet Paper. Toilet paper shall be available at all times in juveniles' toilet areas.
011 Clothing and Linens. The facility shall provide for the issue of clean clothing, bedding, linens, and towels to new juveniles held overnight. At a minimum, the following shall be provided:
011.01 A set of clean clothing. The facility shall provide suitable clothing if juveniles are not permitted to keep and wear their personal clothing or if sufficient suitable personal clothing is not available. Clean socks and underwear shall be provided daily and other clothing at least twice a week;
011.02 Fire-retardant mattress and pillow;
011.03 Pillow case;
011.04 Two (2) sheets or one (1) sheet and one (1) mattress cover. Sheet(s) and mattress cover shall be exchanged at least weekly;
011.05 Sufficient fire-retardant blankets to provide comfort under existing temperature conditions. Blankets in use shall be laundered at least monthly and before reissue to another juvenile; and
011.06 One (1) clean towel and washcloth. A clean towel and washcloth shall be provided daily.
012 Laundry Services. Laundry services shall be sufficient to allow required clothing, bedding, and towel exchanges for juveniles.
013 Clothing and Linen Supplies. The facility inventory of clothing, bedding, linen, and towels shall exceed the maximum population to ensure that a reserve is always available.
014 Laundry of Clothing at Admission. The facility shall provide for the cleaning of juveniles' personal clothing upon admission, when necessary, before storage or before allowing the juvenile to keep and wear personal clothing.
History
- Effective 1993-08-08
Chapter 11 Health Services
Neb. Admin. Code tit. 83, ch. 11 Health Services {#sec-83-nac-11 omnilex-key=us-ne-regs-official--title-83--83 NAC 11}
001 Health Authority, Designated. The facility shall have a written agreement or contract with a physician or other health authority such as a hospital or clinic to provide health care services. If the health authority is other than a physician, final medical judgements shall rest with a single designated responsible physician licensed in the state.
002 Health Authority, Medical Judgements. Except for regulations necessary to ensure the safety and order of the facility, all matters of medical, mental health, and dental judgement shall be the sole province of the responsible clinicians.
003 Written Policies and Procedures. The facility shall have written policies and procedures, approved by the facility physician, to govern the delivery of medical, dental, and mental health services. The written policies and procedures shall address, at a minimum, the following:
003.01 Receiving screening;
003.02 Collection of health appraisal data;
003.03 Non-emergency medical services;
003.04 Emergency medical and dental services;
003.05 First-aid and CPR;
003.06 Screening, referral, and care of juveniles who may be suicide-prone, or experience physical, mental or emotional disabilities;
003.07 Arrangements for providing chronic and convalescent care;
003.08 Arrangements for providing close medical supervision of juveniles with special medical or psychiatric problems;
003.09 Delousing procedures;
003.10 Infectious disease control;
003.11 Arrangements for providing detoxification;
003.12 Handling of pharmaceuticals; and
003.13 Notification of next of kin in case of serious illness, injury or death.
004 Medical Employees, Licensing. All state licensing, certification, and/or registration requirements and restrictions shall apply to medical personnel. Copies of current credentials for each medical employee shall be kept on file in the facility or on file in contracting entity records.
005 Medical Employees, Job Descriptions. The facility shall have written job descriptions for all medical personnel which define their respective roles in the facility's health care system.
006 Health Care Staffing. The facility shall employ or retain under contract at least one (1) full-time or part-time medical professional, such as a nurse, physician's assistant, or emergency medical technician. In lieu of medical personnel, the facility administrator may designate employees who have received training to carry out specific duties to coordinate the delivery of health care services. The designated employees shall carry out their duties under the joint supervision of the facility administrator and the facility physician.
007 Health Care Facilities. The space, equipment, supplies, and materials necessary for those services provided at the facility shall be available.
008 First-aid Supplies. First-aid supplies shall be available in the facility at all times. The facility physician shall determine strategic locations for first-aid supplies and shall specify their contents. The facility administrator shall establish a procedure for the monthly inspection and maintenance of the supplies.
009 Medical Screening. Medical screening shall be performed on all juveniles upon admission to the facility. The findings shall be recorded on a printed form approved by the facility physician. The medical screening shall include, at a minimum, the following:
Inquiry into:
009.01 Current illness and health problems, including dental problems, sexually transmitted diseases and other infectious diseases;
009.02 Medication taken and special health requirements;
009.03 Use of alcohol or drugs, which includes types, methods, date or time of last use, and a history of problems that may have occurred after ceasing use;
009.04 Past or present treatment or hospitalization for mental disturbance or suicidal behavior;
009.05 Mental illness; and
009.06 Other health problems designated by the facility physician.
Observation of:
009.07 Behavior, including state of consciousness, mental status,
appearance, conduct, tremor, or sweating; and
009.08 Body deformities, physical injuries, trauma markings, bruises, jaundice, rashes, evidence of body vermin, ease of movement, etc.
Disposition to:
009.09 General population;
009.10 General population and referral to appropriate health care services; or
009.11 Immediate referral to health care services.
010 Requests for Treatment. Juveniles' requests for medical treatment shall be collected daily. Requests for treatment shall be reviewed by medical professionals or the designated trained employee described in 006 above to determine appropriate disposition or referred directly to the facility physician.
011 Orders, Direct/Standing. All treatment provided by medical personnel other than physicians and dentists shall be performed pursuant to standing or direct orders. Physician's assistants and nurse practitioners may practice within the limits of state law, provided such practice is approved by the facility physician.
012 Medical Isolation. Juveniles suspected of having contagious or infectious diseases shall be temporarily isolated immediately from other juveniles and shall be examined by a physician promptly. In such cases where removal to a hospital is not ordered, the physician's instructions regarding care of the patient and sanitizing of eating utensils, clothing, and bedding shall be carefully followed.
013 Dental Services. Reasonable dental care shall be available and provided to juveniles when the health of the juvenile during the confinement would otherwise be adversely affected.
014 Detoxification. Arrangements shall be made for providing detoxification programs under medical supervision of alcohol and drug-dependant juveniles either in the facility or through transfer to other facilities.
015 Informed Consent. All examinations, treatments, and procedures affected by informed consent requirements shall be observed for juveniles' care.
016 Emergency Medical Services. Emergency medical and dental care shall be available at all times. Written plans for emergency services shall include arrangements for the following:
016.01 Emergency evacuation of juveniles from the facility;
016.02 Use of an emergency vehicle;
016.03 Use of one or more hospital emergency rooms or other appropriate health care facility; and
016.04 Emergency on-call physician and dental services when the emergency health care facility is not located nearby.
017 Management of Pharmaceuticals. Written procedures shall be established to provide for the proper management of pharmaceuticals.
017.01 All prescription medicines kept at the facility shall be securely stored.
017.02 All prescriptions shall be labeled with the prescription number, type of medication, prescribed dosage, time to be administered, date of prescription, juvenile's name, and the name of the prescribing physician. A copy of each prescription shall be placed in the juvenile's medical file.
017.03 All prescriptions shall be administered in the prescribed dosage at the prescribed time by the facility physician, medical personnel, or a designated facility employee who has received appropriate training in the administration or distribution of medications in a secure environment.
017.04 The administration of medication shall be recorded in the manner and on a form approved by the facility administrator.
018 Notification, Designated Person. The facility shall have a procedure for the notification of those individuals so designated by the juvenile in the case of serious illness, injury, or death.
019 Notification, Coroner. In the event of a juvenile's death, the coroner, county attorney, and appropriate law enforcement agency shall be notified immediately.
020 Medical Personnel, Access to Confinement Records. The facility physician and medical personnel shall have access to information in the juveniles' confinement records, when needed.
021 Facility Employees, When Informed on Juvenile's Medical
Condition. Facility employees shall be appraised of the juveniles' medical conditions when they have a need to know to ensure the safety and well-being of the juvenile or others
History
- Effective 1993-08-08
Chapter 12 Rights of Juveniles
Neb. Admin. Code tit. 83, ch. 12 Rights of Juveniles {#sec-83-nac-12 omnilex-key=us-ne-regs-official--title-83--83 NAC 12}
001 Written Policies and Procedures. The facility shall safeguard the basic rights of juveniles through the employment of written policies and procedures that are consistent with fundamental legal principles, sound correctional practice, and humane treatment. The facility's written policies and procedures shall provide, at a minimum, the following:
001.01 Juveniles' access to attorneys and their authorized representatives, and the courts;
001.02 Juveniles' access to basic medical and dental care;
001.03 Juveniles' access to religious services and religious counseling on a voluntary basis, subject to the limitations necessary to maintain facility security and order;
001.04 Juveniles' opportunity to receive visits and to communicate and correspond with persons, representatives of the media or organizations, subject to the limitations necessary to maintain facility security and order;
001.05 Juveniles' freedom from personal abuse, corporal or unusual punishment, humiliation, mental abuse, or punitive interference with daily functions of living, such as eating or sleeping;
001.06 Juveniles' freedom from discrimination based upon sex, race, creed, religion, national origin, disability, or political belief and to have equal access to available programs and work assignments;
001.07 Juveniles' access to opportunities for physical exercise and equipment; and
001.08 Juveniles’ access to educational services to the level mandated by law.
002 Grievance Procedure. The facility shall have a written grievance procedure which includes the following provisions:
002.01 Any juvenile shall have the right to report and file a grievance;
002.02 The facility administrator or his/her designee shall promptly investigate, make a written report and respond to all grievances, providing reasons for the decisions. Responses to grievances shall be within a prescribed, reasonable time period, with special provisions for responding to emergencies;
002.03 Juveniles reporting a grievance shall not be subject to reprisal;
002.04 Juveniles shall be provided at least one level of appeal; and
002.05 Notation of any grievances filed shall be made in the shift log and/or in the juveniles’ individual record.
History
- Effective 1993-08-08
Chapter 13 Rules and Discipline
Neb. Admin. Code tit. 83, ch. 13 Rules and Discipline {#sec-83-nac-13 omnilex-key=us-ne-regs-official--title-83--83 NAC 13}
001 Written Policies and Procedures. The facility shall have written policy and procedure for maintaining discipline and regulating juveniles' conduct. The following general principle shall apply:
001.01 The conduct of juveniles shall be regulated in a manner which encourages and supports appropriate behavior;
001.02 Disciplinary action shall be of a nature to regulate juveniles' behavior within acceptable limits and shall be taken at such times and in such degrees as necessary to accomplish this objective. Discipline should be applied with consideration for the age and level of maturity of the juvenile committing a rule violation as well as the nature and frequency of the violation;
001.03 The behavior of juveniles shall be controlled in an impartial and consistent manner;
001.04 Disciplinary action shall not be capricious, retaliatory, or revengeful. Group punishment is prohibited;
001.05 Corporal punishment is prohibited;
001.06 Use of mechanical restraints as punishment is prohibited;
001.07 Withholding of food or variation of diet as punishment is prohibited; and
001.08 Juveniles shall not be subject to any situation in which juveniles impose discipline on each other.
002 Rules of Conduct. The facility shall have written rules of conduct which specify prohibited acts within the facility, the penalties that may be imposed for various degrees of violation, and the disciplinary procedures to be followed. Upon admission, each juvenile shall be provided a copy of the rules.
003 Informal Resolution of Minor Misbehavior. The facility shall have guidelines for informally resolving minor misbehavior. These guidelines may include room restriction of up to sixty (60) minutes to allow juveniles a “cooling off” period. Room restriction for this purpose shall be noted in the shift activity documentation.
004 Reportable Minor Rule Violations. Infractions of the rules where informal resolution appears unwarranted and for which the maximum penalty is temporary room restriction (not to exceed 24 hours), deprivation or limitation of privileges for seven (7) days or less, a warning, a verbal reprimand, or counseling shall be considered minor rule infractions. Procedures for handling minor rule infractions shall include:
004.01 The juvenile shall be informed of the specific rule he or she is alleged to have violated;
004.02 The juvenile shall be given an opportunity to explain the reasons for the violation;
004.03 The juvenile shall be advised of any actions taken and the reasons for taking such action;
004.04 The juvenile shall have the right to appeal any disciplinary decision or action on a minor rule violation.
005 Major Rule Violation. Where the possible sanction of violation of a rule is limitation or deprivation of privileges more than seven (7) days, or the placement in disciplinary confinement not to exceed 7 days except in cases involving violence, the violation shall be treated as a major infraction. Procedures for handling major infractions shall include:
005.01 Facility employees alleging a major rule violation shall prepare a disciplinary report and forward it to the designated disciplinary officer or committee without delay. The report shall include, at a minimum:
005.01A A description of the incident;
005.01B Specific rule violated;
005.01C Unusual juvenile behavior;
005.01D Staff or juvenile witnesses;
005.01E Disposition of any physical evidence;
005.01F Any immediate action taken, including use of force and pre-hearing confinement;
005.01G Reporting staff member's signature with date and time report is made;
005.02 An investigation of the reported major rule infraction shall be started within twenty-four (24) hours of the time the alleged violation was reported, unless there are exceptional circumstances to justify a delay.
005.03 The juvenile charged with a major rule infraction shall be provided with a written statement of the charges, including a description of the incident, the specific rule violated, and notice of the hearing on the incident. The juvenile shall have at least twenty-four (24) hours prior to the hearing to prepare a defense.
005.04 A hearing on the reported major infraction shall be held within ninety-six (96) hours of the time the statement of charges is delivered to the juvenile before a designated disciplinary officer or committee. The officer or committee shall not have been directly involved in the incident. Hearing procedures shall include the following provisions:
005.04A The juvenile may be present at the hearing unless he or she waives in writing the right to attend or the juvenile's behavior justifies exclusion from the hearing;
005.04B The juvenile may request the services of a facility employee to represent him or her at the hearing;
005.04C The juvenile shall be allowed to call witnesses and present documentary evidence in his or her defense. The disciplinary officer or committee can impose reasonable restrictions on the length of testimony and the number of witnesses;
005.04D The disciplinary officer or committee shall render a decision based on the preponderance of evidence presented and shall prepare a written record of the decision and any sanctions imposed; and
005.04E A copy of the decision and the sanctions imposed shall be provided to the juvenile.
005.05 The juvenile shall have the right to appeal a decision on a disciplinary action on a major rule violation to the facility administrator who shall consider the following:
005.05A If there was substantial compliance with facility policy and procedures on discipline;
005.05B If the decision was based on a preponderance of evidence; and
005.05C If the sanction imposed was proportionate to the infraction.
005.06 If a juvenile is found not guilty of an alleged infraction, all reference to the incident shall be removed from his or her file.
005.07 Juveniles charged with major infractions may be held in confinement prior to the hearing only when necessary to ensure the safety of the juvenile or the facility. Confinement for periods of over twenty-four (24) hours shall be reviewed daily thereafter by the facility administrator or his/her designee to determine the need for further confinement.
006 Criminal Law Violations. When a juvenile allegedly commits an act that violates federal, state, or local criminal law, the case shall be promptly referred to the appropriate authority for possible prosecution.
007 Treatment of Juveniles in Confinement. When juveniles are confined separate from the general resident population, they shall be afforded the following:
007.01 Juveniles placed in separate confinement shall be afforded living conditions and access to basic programs and services approximating those available to the general resident population, subject to restrictions necessary to ensure the juvenile's safety or the security of the facility. When services or programs are withheld, written justification shall be provided.
007.02 Juveniles placed in separate confinement shall be visually checked every thirty (30) minutes as provided in Chapter 8-001 and shall additionally be visited at least once on each shift by staff. A visit shall mean actual entry into the confinement room and conversing with the juvenile for the purpose of assessing his/her well being. Documentation of all visits shall be recorded as provided in Chapter 6-006.
History
- Effective 1993-08-08
Chapter 14 Mail, Visiting, Telephone
Neb. Admin. Code tit. 83, ch. 14 Mail, Visiting, Telephone {#sec-83-nac-14 omnilex-key=us-ne-regs-official--title-83--83 NAC 14}
001 Volume Limit. The length, source, or volume of mail a juvenile may send or receive, at his or 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.
002 Reading of Mail. Juvenile mail, both incoming and outgoing, shall not be read or rejected, except where there is reason to believe that such correspondence threatens the safety and security of the facility, another juvenile, any public official or the general public, or is being used in the furtherance of illegal activities.
003 Inspection of Mail. Incoming mail shall be opened and inspected for contraband. Cash, checks, and money orders shall be removed from incoming mail and promptly credited to the juvenile's account. Outgoing mail may be inspected for contraband prior to its sealing. If contraband is discovered in either incoming or outgoing mail, it shall be removed and its disposition properly recorded.
004 Rejection of Mail. If any publication, correspondence, or any contents of a package, or any other form of mail is rejected, the sender and the person to whom it is addressed shall be notified in writing of the item rejected and the reasons for the rejection. Any item which is rejected shall be returned to the sender or placed in the juvenile's property, unless it contains illegal matter and is kept for evidence.
005 Confidential Mail, Outgoing. Juveniles shall be permitted to send sealed letters to attorneys, courts, government officials, and officials of the confining authority.
006 Confidential Mail, Incoming. Incoming correspondence from attorneys, courts, government officials, officials of the confining authority, or administrators of grievance systems may be opened only to inspect for contraband, but shall not be read unless there is probable cause to believe the contents of the correspondence poses a threat to the safety and security of the facility, another person, or is being used in the furtherance of criminal activities. Such correspondence shall be opened only in the presence of the juvenile to which it is addressed.
007 Confidential Mail, Indigents. Indigent juveniles shall be provided with writing supplies and postage for all letters to their attorneys, the courts, government officials, or officials of the confining authority.
008 Non-confidential Mail, Indigents. Indigent juveniles shall be provided with writing supplies and postage for a minimum of two (2) one-ounce letters per week to maintain family and community ties.
009 Delivery. Incoming mail shall be delivered to juveniles within twenty-four (24) hours, excluding weekends and holidays. Outgoing mail shall be delivered to the postal service daily, excluding weekends and holidays. The facility shall attempt to forward mail if juvenile has been released.
010 Telephone Service, General. All juveniles, except those restricted as a result of disciplinary action, shall be provided the opportunity to make at lease one telephone call daily to maintain family and community ties.
010.01 At least ten minutes shall be allotted for each telephone call.
010.02 Telephone calls shall not be monitored, unless otherwise authorized by law.
010.03 The facility may require that any costs for telephone calls be borne by the juvenile or the party called.
011 Telephone Service, Privileged. Juveniles shall be allowed to make a reasonable number of telephone calls to their attorneys, caseworkers, probation or parole officers, and counselors at the juvenile’s expense unless the juvenile has no funds.
011.01 Privileged telephone calls shall be of reasonable duration.
011.02 Privileged telephone calls shall not be monitored.
011.03 Privileged telephone calls shall not be revoked as a disciplinary measure.
012 Visitation Schedule. The facility shall have an established visiting schedule with sufficient hours set aside weekly to fulfill the visiting opportunities of all juveniles in the facility.
012.01 Time for visiting shall be scheduled on at least two (2) days each week, one of which must be during the weekend.
012.02 Each juvenile, except those restricted as a result of disciplinary action, shall have the opportunity for at least two (2) hours of visiting each week in two or more visits.
012.03 Opportunities for visits shall be at least thirty (30) minutes in duration.
012.04 The number of visitors a juvenile may receive shall be limited only by facility space constraints, except where there are substantial reasons to justify limitations.
012.05 Persons under the age of eighteen, when accompanied by a parent or legal guardian, may be permitted to visit juveniles.
013 Visiting Restrictions. Visitors may be excluded for one or more of the following reasons:
013.01 The parents/legal guardians, probation officer, parole officer, or the court of jurisdiction have imposed restrictions on who may visit a juvenile;
013.02 The visitor refuses to register and show proper identification, consent to search, or to abide by the visiting rules;
013.03 The visitor represents a reasonable danger to the facility;
013.04 The visitor has a past history of disruptive conduct at the facility;
013.05 The visitor appears to be under the influence of alcohol or drugs; or
013.06 The juvenile refuses the visit.
014 Visiting Rules. Written rules governing visitors' conduct and responsibilities shall be conspicuously posted in the visitors' area.
015 Visitors' Register. Visitors shall be required to register prior to admission to the visiting area.
016 Special Visits. The facility administrator may make special arrangements for persons who must travel over 150 miles to visit a juvenile when such visits cannot reasonably coincide with regular visiting hours.
017 Visiting Area. A secure and suitable area shall be provided for juveniles and visitors to converse at normal voice levels. Provisions for contact visits are encouraged except in cases of substantiated security risks.
018 Search of Visitors. Visitors may be subject to a pat and/or strip search prior to a contact visit if probable cause exists.
019 Confidential Visits. The facility shall provide juveniles adequate opportunities to meet with attorneys, probation and parole officers, counselors, caseworkers and the clergy.
019.01 Attorneys, probation and parole officers, counselors, caseworkers and clergy shall be permitted to visit juveniles at reasonable hours other than during regularly scheduled visiting hours.
019.02 Visits with attorneys, probation and parole officers, counselors, caseworkers and clergy shall not be monitored, except that facility employees may visually observe the visitation as necessary to maintain appropriate levels of security.
019.03 Visits with attorneys, probation and parole officers, counselors, caseworkers or clergy shall be of the contact type unless otherwise indicated by the juvenile or visitor, or the facility administrator determines there is a substantial security justification to restrict the visit to a non-contact type. When a contact visit is not allowed, the reasons for the restriction shall be documented.
019.04 A private area or room so as to allow confidential communication for up to four people with adequate writing space shall be provided for visits with attorneys, probation and parole officers, counselors, case workers or clergy.
019.05 Attorneys, probation and parole officers, counselors, case workers and clergy may be subject to search prior to a contact visit.
History
- Effective 1993-08-08
Chapter 15 Admission and Release
Neb. Admin. Code tit. 83, ch. 15 Admission and Release {#sec-83-nac-15 omnilex-key=us-ne-regs-official--title-83--83 NAC 15}
001 Authority to Admit. The admitting staff member shall positively identify the committing officer and verify the committing officer's authority to have the juvenile detailed.
001.01 When a juvenile has been taken into custody pursuant to Section 43-248, N.R.S., the committing officer shall have secured the authorization for detention from the court of jurisdiction or a probation officer prior to presenting the juvenile for admission into the juvenile detention facility.
001.02 When a juvenile is presented for admission into the juvenile detention facility, the committing officer should provide the admitting staff member with appropriate documentation of authority to detain. Such documentation may include the following:
001.02A Court authorization for temporary detention;
001.02B Valid warrant or order of the court;
001.02C Mittimus issued by the court for execution of sentence;
001.02D In the case of probation or parole violations, copy of probation or parole orders;
001.02E In the case of temporary housing of juveniles in transit, a copy of travel orders or an active warrant.
001.03 If the committing officer is unable to produce valid documentation of authority to detain, the admitting staff member may refuse to accept custody of the juvenile.
001.04 The committing officer shall remain present during the admission’s process until all pertinent information is recorded and the admitting staff member accepts custody of the juvenile.
002 Verification of Juvenile's Identity. The admitting staff member, to the best of his or her ability, shall ascertain the identity and age of the juvenile.
003 Fitness to Confine. If the juvenile shows signs of illness, injury, is incoherent, or unconscious, he or she shall not be admitted to the facility until the committing officer has been provided written documentation from facility medical personnel or a physician of examination, treatment, and fitness for confinement.
004 Initial Search. The admitting staff member shall conduct a complete and thorough search of the juvenile being admitted. Written policies and procedures regarding searches upon admission shall be consistent with the following provisions:
004.01 All searches shall be of the least intrusive type necessary to satisfy the safety and security needs of the facility.
004.02 The pat search shall be considered the initial method of searching juveniles upon admission. All pat searches shall be conducted as prescribed in Chapter 8-015.
004.03 Strip searches upon admission are authorized only upon individualized determination of reasonable suspicion or probable cause as set forth below:
004.03A When there is reasonable suspicion that the juvenile has on his or her person contraband, weapons, criminal evidence, or other items concealed which present a threat to the safety and security of the facility;
004.03B When there is reasonable suspicion that a strip search is necessary to confirm the presence of a health condition requiring immediate medical attention; or
004.03C When there is probable cause to believe that a strip search is necessary to confirm the presence of other criminal evidence concealed on the juvenile's body.
004.04 For the purpose of determining when a strip search is authorized, reasonable suspicion shall be deemed present when:
004.04A Charges involve a crime of violence;
004.04B Charges involve escape, burglary, or use of a weapon;
004.04C Charges involve narcotics related offenses;
004.04D The detainee's prior record indicates arrest or conviction for one of the above offenses;
004.04E The detainee is being admitted as a sentenced prisoner, a prisoner in transit, or a prisoner being held for Federal authorities;
004.04F The detainee is suspected of concealing contraband or a weapon; or
004.04G The detainee is suspected of being injured or infested with vermin.
004.05 Body cavity searches upon admission are authorized only when there is probable cause to believe that contraband will be discovered.
004.05A Body cavity searches must be authorized by the facility administrator or his or her designee.
004.05B No body cavity searches may be conducted unless a thorough pat search, strip search, and search of the juvenile's clothing have failed to satisfy the safety and security needs of the facility.
004.06 All strip searches and body cavity searches shall be conducted under the conditions as prescribed by Chapter 8-016.
004.07 A written record shall be made of any strip search or body cavity search of a juvenile upon admission. Such record shall include:
004.07A The name of the juvenile being searched;
004.07B Name of the facility employee or medical person conducting the search and other persons present during the search;
004.07C Time, date, and place of the search;
004.07D Statement of the results of the search along with any unauthorized items or health conditions discovered;
004.07E Statement of the facts which led facility employees to believe there was reasonable suspicion or probable cause to conduct the search.
005 Intake and Release Form. An intake and release form shall be completed on every new juvenile. The standardized Nebraska Juvenile Admission and Release Record provided by the Nebraska Commission on Law Enforcement and Criminal Justice or similar form approved by the Board shall be utilized.
006 Fingerprinting Juveniles. No juvenile under the age of fourteen (14) shall be fingerprinted, except by court order. Juveniles the age of fourteen (14) or older may be fingerprinted. The fingerprints of any juvenile shall not be sent to a federal or state depository, unless the juvenile has been convicted of a felony, the juvenile has escaped from a Youth Development Center, or the juvenile is a runaway whose fingerprints are needed for identification purposes to return the juvenile to his or her parents/legal guardian.
007 Medical Screening. Juveniles shall be screened and observed as prescribed by Chapter 11-009 to determine if immediate medical or mental health attention is needed.
008 Initial Telephone Calls. Each juvenile detained shall be allowed to communicate with his or her family, bail bondsman, and attorney by completing at least two (2) unmonitored telephone calls at the time of admission.
009 Property Inventory. All money, valuables, and other personal property not allowed in the facility shall be taken from juveniles at the time of admission and securely stored. If necessary, clothing taken from the juvenile shall be cleaned and/or disinfected before storage or return to the juvenile. An itemized inventory signed by the juvenile and admitting staff shall be prepared and placed in the juvenile's file. Personal property released to a third party must have the juvenile's signature of approval and the signature receipt of the third party.
010 Shower. After the booking process is completed, juveniles to be housed shall be required to shower. If there is indication of vermin, delousing procedures shall be followed.
011 Standard Issue. Newly admitted juveniles shall be provided clothing as necessary and the standard issue of bedding and hygiene items as provided in Chapter 10-009 and 10-011.
012 Housing Assignment. Newly admitted juveniles shall be assigned to initial housing according to the facility's classification plan. Male and female juveniles shall not occupy the same sleeping room.
013 Orientation. Newly admitted juveniles shall receive an orientation to the facility and its operation within 24 hours of admission. Each juvenile shall be provided written information about the facility's regulations governing treatment and conduct, daily schedule of activities, listing of programs and services available, methods of seeking information or assistance, procedure for making complaints, emergency procedures, and any other information necessary to enable the juvenile to adapt to the routine of the facility.
013.01 The written information shall include a copy of rules, including a listing of prohibited acts, the range of possible sanctions for various levels of violation, and the disciplinary procedures to be followed. The juvenile shall have access to the written information during his or her entire stay at the facility.
013.02 Where a literacy or language barrier prevents the juvenile from understanding the orientation materials, assistance shall be provided.
013.03 Upon completion of orientation, the juvenile shall be requested to verify that he or she has been made aware of the facility's rules, programs, and services with his or her signature.
013.04 Upon request, parents or guardians of detained juveniles shall receive a copy of facility rules issued to juveniles.
014 Inability to Process. If a juvenile's physical condition, mental condition, or behavior prevents the completion of the admissions process, the process may be temporarily delayed until the juvenile is capable of being processed in a safe and orderly manner.
015 Processing of Detainees. When detainees are brought into the facility, facility employees of the same sex shall be present and assist with the admissions process.
016 Authority to Release. Prior to releasing a juvenile, the releasing staff shall positively identify the juvenile to be released and verify the authority for the release. When the juvenile is released to another authority, the identity of the receiving officer shall also be verified.
017 Release Documentation. The releasing staff shall record the time, date, authority for release, and receiving authority, if any, on the facility's release form. The releasing staff member shall sign the completed form.
018 Return of Property. Upon release, any property not legally confiscated or retained shall be compared against the inventory of property taken and returned to the juvenile. The juvenile and the releasing staff shall sign a receipt for all property returned.
019 Property Complaints. The facility shall have a procedure for handling complaints about property.
020 Disposal of Property. Property not claimed within six months of the juvenile’s discharge may be disposed of by the facility as long as it has been documented in writing that the juvenile, the juvenile’s parents/legal guardian or other responsible party were notified on at least three (3) occasions to pick the property up.
History
- Effective 1993-08-08
Chapter 16 Programs and Services
Neb. Admin. Code tit. 83, ch. 16 Programs and Services {#sec-83-nac-16 omnilex-key=us-ne-regs-official--title-83--83 NAC 16}
001 Written Policies and Procedures. The facility shall have written policies and procedures which provide that programs and services be available to juveniles to include, at a minimum, counseling, religious services, exercise and passive recreational activities, library services, and educational programs.
002 Program Coordinator. The facility administrator shall designate at least one facility employee to be responsible for assessing the general needs of juveniles, coordinating the delivery of services and programs to juveniles, and developing local resources.
003 Use of Community Resources. The facility shall have a plan for juvenile services and programs which provides for the identification and use of available community resources. The plan shall also encourage citizen involvement and use of volunteers.
004 Staff Familiarity With Programs. All facility employees shall be familiar with services and programs available to juveniles.
005 Counseling Services. The facility should provide, or make available through arrangements with community agencies, a range of counseling and crisis intervention services appropriate to the needs of juveniles. Such services should be available in the following areas: substance abuse, mental health, religion, education, anger control, survival skills/independent living skills, health and welfare, sexual abuse, and family problems.
006 Educational Programs. Educational opportunities shall be available to all juveniles except where there is substantial justification for restricting a juvenile's participation.
006.01 The educational program shall be available a minimum of three hours per day during the days the local school district holds classes. The exercise and recreation program shall not be considered in determining the three-hour minimum required for the educational program.
006.02 Educational programs shall be designed to assist juveniles in keeping up with their studies, and shall include contact and coordination with their home schools.
006.03 Educational programs shall include provisions for remedial and may include special education services for those juveniles in need of such services.
006.04 Educational programs shall include provisions for juveniles not otherwise enrolled in school to work on preparing for a GED or to work in credit courses/classes recognized by the Nebraska Dept. of Education or local public school district.
006.05 Educational programs should include life skills courses and vocational training activities designed to improve juveniles' employment and independent living capabilities.
006.06 The educational program shall be supported by sufficient equipment and educational materials that meet state education standards. Adequate program room/space shall be made available during school hours.
006.07 Juveniles may participate in educational release programs as authorized by the court having jurisdiction.
006.08 The facility shall utilize certified teachers and curriculum in the delivery of educational services to juveniles. Copies of current credentials for each teacher shall be kept on file at the facility or by the contracting entity.
006.09 An adequate number of educational personnel shall be available to provide identified educational programming. Paid educational personnel may include, but not limited to, teachers, para-professionals and tutors. Volunteers are also encouraged to be utilized.
006.10 Juveniles should be counseled regarding the importance of education, continuing their school attendance or re-enrolling in school upon discharge.
006.11 Arrangements may be made for youth to enroll in higher education courses if the youth will be in the facility long enough to benefit from such.
007 Religious Programs. Every juvenile, upon his or her request, shall be allowed to practice the religion of his or her own choice and shall have access to clergy, publications, and religious symbols, subject to those limitations necessary to maintain facility safety, security and order.
008 Religious Program Coordinator . The facility shall designate a chaplain or facility employee to assist with identification of juveniles' religious needs and to coordinate facility religious programs.
009 Exercise and Recreation. The facility shall provide a recreational program which includes both active exercise and leisure time activities.
009.01 The facility shall have an established exercise schedule with sufficient hours set aside weekly to ensure that juveniles have access to at least one (1) hour of active physical exercise and at least one (1) hour of structured leisure-time activities per day. Facility shall maintain written documentation of when physical exercise and structured leisure-time activities are provided. When weather permits, exercise should be provided outdoors in a secure exercise area.
009.02 Sufficient space in the facility shall be designated for 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 shall be appropriate for the types of exercise offered.
009.03 Equipment shall be provided in sufficient amounts to ensure that all juveniles have the opportunity to participate in exercise activities during their designated exercise period.
009.04 Provisions shall be made for passive recreational activities such as table games, arts and crafts, radio, and television in order to relieve idleness and boredom.
010 Library Services. Library services shall be available to all detained juveniles.
010.01 Library materials shall include materials responsive to the educational, informational, and recreational needs of juveniles and shall include a reasonable selection of fiction, non-fiction, educational and reference materials, as well as current magazines and newspapers.
010.02 Library services shall be available to juveniles at least five (5) days per week.
010.03 Library materials do not have to be physically located within the facility if sufficient services can be provided through an arrangement with a community library or similar resources such as regularly scheduled visits of a book-mobile.
011 Work Assignments. The facility may have a work assignment plan for facility housekeeping and maintenance designed to relieve idleness and promote constructive behavior.
011.01 Written policy and procedure shall prohibit discrimination in work assignments based on sex, race, religion, or national origin.
011.02 Work assignments shall not conflict with educational programs.
011.03 Juveniles shall not be permitted to perform any work prohibited by state or federal regulations and statutes pertaining to child labor.
History
- Effective 1993-08-08
Chapter 17 Existing Facility Requirements
Neb. Admin. Code tit. 83, ch. 17 Existing Facility Requirements {#sec-83-nac-17 omnilex-key=us-ne-regs-official--title-83--83 NAC 17}
001 Applicability. All Standards in this Chapter shall apply to all facilities for which construction was initiated and/or completed before the effective date of these Standards.
002 Code Compliance. In addition to these Standards, existing facilities shall comply with applicable building, health, and safety codes of the local authority and the requirements of the State Fire Marshal. Standards herein which exceed code requirements of the local authority shall take precedence.
003 General Conditions. All existing juvenile detention facilities shall conform to the following general conditions:
003.01 Artificial Lighting. Light levels in all housing areas shall be at least twenty (2) foot-candles measured three feet above the floor. Light levels in other areas shall be appropriate for the use and type of activities which occur. Night lighting levels shall permit adequate illumination for supervision, but shall not hinder restful sleep.
003.02 Natural Light. All living areas shall provide visual access to natural light.
003.03 Acoustics. Sustained noise levels in areas occupied by juveniles shall not average higher than 70 decibels during the day and 45 decibels during sleeping hours.
003.04 Heating and Cooling Systems. Heating and cooling systems shall provide a comfortable and healthful living and working environment with temperatures maintained between 65 and 85 degrees Fahrenheit.
003.05 Ventilation. Adequate ventilation shall be available in all rooms used by juveniles
003.06 Paint. Utilized walls and metalwork in the living areas shall be finished predominantly with a light, soft-toned washable paint. Bright or dark toned accent walls or features are encouraged.
003.07 Security Hardware. All locks, detention hardware, fixtures, furnishings, and equipment shall have the proper security value for the areas in which they are used. The use of padlocks in place of security locks on sleeping room or housing unit doors is prohibited.
004 Admission and Release Area. The facility shall have an intake and release area which should be located within the security perimeter, but apart from other living and activity areas. Adequate space shall be allocated for, at least, following functions:
004.01 Reception;
004.02 Booking and identification;
004.03 Search, shower and clothing exchange;
004.04 Medical screening;
004.05 Storage of juveniles' personal property;
004.06 Telephone;
004.07 Interview and release screening;
004.08 Temporary holding; and
004.09 Release processing.
005 Temporary Holding Rooms. Temporary holding rooms shall provide at least twenty-five (25) square feet of floor space per occupant, but shall be no smaller than fifty (50) square feet. Temporary holding rooms shall be equipped with benches which provide sufficient seating for all occupants at capacity, a security type toilet, wash basin with hot and cold water, and drinking fountain.
006 Housing Separations. The facility shall have a sufficient number of housing units in an appropriate configuration so that juveniles can be separated according to the facility's classification plan.
007 Single Occupancy Rooms. Single occupancy sleeping rooms or cells shall have a minimum of sixty (60) square feet of floor space and shall be equipped with at least a bed above the floor and storage shelf or compartment.
008 Multiple Occupancy Rooms. Multiple occupancy sleeping rooms or cells shall have at least forty-five (45) square feet of floor space per occupant at the rooms' rated capacity and shall be equipped with at least a bed above the floor and storage shelf or compartment for each occupant at capacity.
009 Sanitation Facilities. All single or multiple occupancy sleeping rooms or cells shall be equipped with, or provide access to, a toilet, wash basin with hot and cold running water, and drinking water.
010 Dayroom. Each group of single and/or multiple occupancy sleeping rooms or cells shall have a dayroom of functional configuration (not just a corridor in front of the cells) which provides a minimum of thirty-five (35) square feet of floor space per occupant at capacity.
011 Dormitories. Dormitory units shall have a minimum of seventy (70) square feet of floor space per juvenile at capacity including both sleeping and dayroom space. Dormitory units shall be equipped with at least a bed and storage shelf or compartment for each juvenile.
012 Housing Unit Equipment. Each housing unit shall be equipped with at least one shower for every fifteen (15) juveniles, or fraction thereof, one (1) toilet, drinking fountain, and wash basin with hot and cold water for every twelve (12) juveniles, or fraction thereof, and tables and sufficient seating for all juveniles at capacity.
013 Administrative Segregation. Administrative segregation rooms or cells shall have at least seventy (70) square feet of floor space and shall be equipped with at least a toilet, wash basin with hot and cold water, table and seating, shelf or storage compartment, and a bed.
014 Program Space. Adequate space shall be allocated for, but not limited to, the following functions:
014.01 Educational programs;
014.02 Individual and group activities;
014.03 Exercise and recreation ;
014.04 Visitation;
014.05 Confidential attorney interviews;
014.06 Counseling; and
014.07 Library.
Multi-purpose use of space is permitted if compliance with Standards can be achieved through its time phased use.
015 Outdoor Exercise Space. The facility should have a secure outdoor recreation area of at least twelve hundred (1200) square feet in size.
016 Multi-purpose Space. The facility shall have at least one (1) room available within the security perimeter for indoor recreation, activities and programs.
017 Operational Support Areas. Adequate space shall be allocated for, but not limited to, the following functions:
017.01 Staff work stations;
017.02 Food service, if prepared in-house;
017.03 Medical service;
017.04 Laundry;
017.05 Storage for juveniles' clothing, bedding, facility supplies;
017.06 Secure storage of chemical agents, weapons, and security devices; and
017.07 Housekeeping and maintenance.
018 Administrative Support Areas. Adequate space shall be allocated for, but not limited to, the following functions:
018.01 Administrative and clerical activities; and
018.02 Public reception and waiting.
019 Handicapped Access. All parts of the facility that are accessible to the public shall be accessible to, and usable by, persons with disabilities.
020 Security Perimeter. The security perimeter is secured in a way which provides that juveniles remain within the perimeter and that access by the general public is denied without proper authorization.
History
- Effective 1993-08-08
Chapter 18 New Facility Design and Construction
Neb. Admin. Code tit. 83, ch. 18 New Facility Design and Construction {#sec-83-nac-18 omnilex-key=us-ne-regs-official--title-83--83 NAC 18}
001 Applicability. All standards in this section, except where exceptions are stated, shall apply to new juvenile detention facilities and renovation of existing juvenile detention facilities for which construction is initiated after the effective date of these Standards. In the case of partial renovation of an existing facility, it is intended that these Standards should apply only to the part of the facility being renovated. The un-renovated portion of the facility would remain subject to the existing facility standards as specified in Chapter 17. The purpose in applying the Standards in this manner is to encourage local jurisdictions to proceed with making needed improvements to existing facilities where new construction or total renovation may not be practical in the short term.
002 Rated Capacity. The facility shall have a rated capacity established in accordance with these Standards. Except in emergencies, the total number of juveniles in each sleeping room or housing unit shall not exceed its rated capacity. The number of juveniles which may be housed in a particular room, housing unit, or facility shall be based upon available square footage, sanitary fixtures, and other physical plant features as specified in these Standards.
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 herein which exceed those of the local authority shall take precedence.
004 Needs Assessment. New facilities or major renovations, shall be designed only after a thorough assessment of needs has been conducted and the population to be served has been projected and described on the basis of research, data analysis, and policy review.
005 Program Documentation. A written program statement which provides the basis upon which architectural plans are drawn shall be prepared for all new construction and major renovation projects. The program statement shall include, at a minimum, the following:
005.01 A written statement defining the problems which require facility renovation or new construction;
005.02 Written goals and objectives for the project;
005.03 Description of the anticipated juvenile population including classifications to be housed, number of beds per classification, total capacity, and security levels to be provided;
005.04 Descriptions of functional criteria and basic policies for each usage area in the proposed facility;
005.05 Description of the type, number, size, and required adjacencies of all renovated or newly constructed spaces within the proposed facility;
005.06 Site plan;
005.07 Initial staffing plan; and
005.08 Initial construction cost estimate and estimated annual operating costs.
The program statement shall be submitted to the Jail Standards Division for review and comment upon completion.
006 Site Selection. New facilities shall be located to facilitate access to community resources, juvenile justice agencies, and juveniles' families. The site selection process shall include evaluation of alternative sites, consideration of facility requirements, and consideration of future expansion. If the facility is located on the grounds or in a building with any other correctional facility, it shall be constructed as a separate, self-contained unit.
007 Architectural Design. A copy of all architectural design documents shall be submitted to the Jail Standards Division for review and comment at the following times:
007.01 At the completion of the schematic design phase;
007.02 At the completion of the design development phase; and
007.03 At the completion of working drawings and specifications. At each submission of key planning and design documents to the Division for review, the architect shall certify, in writing, the plan's compliance with these Standards.
008 Approval of Plans. Contracts shall not be let until approval of final documents is received by the governing body from the Jail Standards Board. No addenda, change orders, or modifications which may affect compliance with these Standards shall be made to final documents except upon approval of the Jail Standards Division.
009 Occupancy. Final inspection to confirm compliance with the approved plans should be made by the Jail Standards Division prior to acceptance by the owner.
010 General Conditions. All newly constructed or renovated juvenile detention facilities shall conform to the following general conditions:
010.01 Artificial Light. Light levels in all housing areas shall be at least twenty (20) foot-candles measured three feet above the floor. Light levels in other areas shall be appropriate for the use and type of activities which occur. Night lighting shall not exceed five (5) foot-candles during sleeping hours.
010.02 Natural Light, Sleeping Rooms. In all new construction, there shall be a window in each sleeping room which provides at least three (3) square feet of transparent glazing to the exterior; or the rooms shall open into a dayroom which provides windows with transparent glazing in an amount at least equivalent to that required for all of the rooms served by the dayroom.
010.03 Natural Light, Use of Skylights. A combination of skylights and windows may be utilized to meet the quantitative requirements for windows in housing units.
010.04 Natural Light, Renovated Facilities. In all renovated facilities, all housing units shall provide visual access to natural light. If windows are replaced as part of the renovation project, natural light requirements for new construction shall apply.
010.05 Acoustics. Sustained noise levels within areas occupied by juveniles areas shall not average higher than seventy (70) decibels during the day and forty-five (45) decibels during sleeping hours. Long, hard non-textured surfaces should be avoided to reduce reverberation of sound.
010.06 Heating and Cooling Systems. Heating and cooling systems shall provide a comfortable and healthful living environment with temperatures maintained between sixty-five (65) and eighty (80) degrees Fahrenheit.
010.07 Ventilation. Ventilation systems shall provide circulation of at least ten (10) cubic feet of fresh or re-circulated purified air per minute per occupant in all areas of the facility.
010.08 Paint. Un-tiled walls and metalwork in the housing areas shall be finished predominately with a light, soft-toned washable paint. Bright or dark-toned accent walls or features are encouraged.
010.09 Detention Hardware. All locks, detention hardware, fixtures, furnishings, and equipment shall have the proper security value for the areas in which they are used. The use of padlocks in place of security locks on sleeping room or housing unit doors is prohibited.
010.10 Privacy Screening. Juveniles' 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 those areas should be incorporated into the design.
010.11 Security Perimeter. The facility shall have a security perimeter which is secured in such a way that juveniles remain within the perimeter and that access by the general public is denied without proper authorization.
010.12 Electronic Surveillance and Communications Systems. The security area of the facility shall be equipped with an audio communication system designed to allow monitoring of activities and to allow juveniles 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 sleeping rooms and is not recommended for monitoring of dayroom and program space.
010.13 Emergency Power. All newly constructed facilities shall provide an emergency source of power to supply electricity for entrance lighting, exit signs, circulation corridors, fire alarm, electrically operated locks and the ventilation system.
010.14 Intake and Release Area. The facility shall have an intake and release area which is located inside the security perimeter, but apart from other housing and activity areas. It shall include, at a minimum, the following components:
010.14A Sallyport;
010.14B Booking, photograph, fingerprint and identification areas;
010.14C Shower and search areas. Modesty screening shall be provided which would permit showering and dressing out juveniles with an appropriate degree of privacy;
010.14D Secure storage space for juveniles' valuables and personal property;
010.14E Space for storage and issue of clothing and sundries such as linens, blankets, towels, hygiene items, etc.;
010.14F Telephone facilities;
010.14G Space for interview and release screening;
010.14H Space for medical screening;
010.14I Space for release processing; and
010.14J One or more temporary holding rooms designed to detain juveniles for up to eight (8) hours pending booking, court appearance, housing assignment, transfer, or release. Temporary holding rooms may be designed for multiple occupancy and shall provide at least twenty-five (25) square feet of floor space for each juvenile at capacity, but shall be no smaller than fifty (50) square feet. Temporary holding rooms 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 water, and a drinking fountain. Modesty screening of toilet areas shall be provided.
011 Housing Separations. The facility shall have a sufficient number of housing units in an appropriate configuration so that juveniles can be separated according to the facility's classification plan.
012 Single Occupancy Sleeping Rooms. Single occupancy sleeping rooms shall provide at least seventy (70) square feet of floor space and shall be equipped with at least a mirror, table, seating, storage shelf or compartment, clothes hook, and a bed above the floor. It is recommended that housing units be primarily designed for single occupancy sleeping rooms.
013 Multiple Occupancy Sleeping Rooms. Multiple occupancy sleeping rooms shall provide at least fifty (50) square feet of floor space per occupant at capacity and shall be equipped with at least a bed above the floor, storage shelf or compartment, and clothes hook for each occupant at capacity. A mirror, table and seating shall also be provided.
014 Sanitation Facilities. All single or multiple occupancy sleeping rooms shall be equipped with, or have unrestricted access to, a toilet, wash basin with hot and cold running water, and drinking water.
015 Dayrooms. Dayroom space which provides a minimum of thirty-five (35) square feet of floor space per juvenile at capacity, exclusive of a three (3) foot circulation area in front of sleeping room door openings, toilets, and showers, shall be available adjacent to all single and multiple occupancy sleeping rooms in each housing unit. No dayroom shall be smaller than one hundred (100) square feet in size.
016 Housing Units. Each housing unit shall be equipped with at least one shower for every twelve (12) juveniles or fraction thereof, one toilet for every eight (8) juveniles or fraction thereof, one wash basin with hot and cold running water for every eight (8) juveniles or fraction thereof, and tables and seating sufficient for all juveniles.
017 Administrative Segregation Cells. The facility shall have at least one administrative segregation cell or room designed for single occupancy. Administrative segregation cells or rooms shall have at least seventy (70) square feet of floor space and shall be equipped with at least a toilet, wash basin with hot and cold water, drinking fountain, mirror, table, seating, shelf or storage compartment, and a bed above the floor.
018 Program Space. Adequate space shall be allocated for, at a minimum, the following program functions:
018.01 Educational programs;
018.02 Individual and group activities;
018.03 Indoor recreation and exercise;
018.04 Outdoor recreation and exercise;
018.05 Visitation;
018.06 Confidential attorney visits;
018.07 Counseling; and
018.08 Library.
019 Multi-purpose Space. At least one (1) multi-purpose room located within the security perimeter shall be provided for indoor recreation, activities, and programs. The space shall be sufficient to accommodate exercise and program offerings for the maximum number of users at any one time.
020 Visiting Space. Adequate visiting space shall be provided to accommodate the demand projected by the number of visitors, visiting schedule, and the requirements of Chapter 14. These areas should provide for contact visitation. Non-contact visitation areas, when provided, shall consist of one (1) or more booths which provide for the complete separation of the juvenile from the visitor. Each booth shall provide telephones, seating and countertop space for both visitor and juvenile. The vision panel between the visitor and the juvenile shall be a high security glazing material that is sufficient in size to allow reasonable visibility. Privacy partitions shall be provided between visiting stations and sound absorbing materials shall be utilized to reduce noise and to provide privacy during visits.
021 Interview Space. A sufficient number of confidential interview areas to accommodate the projected demand of visits by attorneys, counselors, clergy, or other officials shall be provided. At least one (1) confidential interview area is required. Interview areas shall be sufficient in size to accommodate up to four (4) persons and shall be acoustically private to satisfy the needs of confidential interviews.
022 Outdoor Exercise Space. 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 requirements of Chapter 17. At least one (1) outdoor exercise area of not less than fifteen hundred (1500) square feet of unencumbered space is required.
023 Staff Posts. Staff posts shall be located in close proximity of juvenile housing areas in order to hear and respond promptly to disturbances or calls for help. At least one (1) staff post shall be provided on each floor of housing.
024 Medical Services Space. Space shall be provided for routine medical examinations, emergency first-aid, emergency equipment storage, and secure medicine storage.
025 Food Service. Where food is to be prepared in-house, the kitchen shall have sufficient space for food preparation, serving, disposal, and clean-up to serve the facility at its projected capacity. The kitchen 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 knives and other utensils.
026 Laundry. Where laundry services are provided in-house, there shall be sufficient space available for heavy duty or commercial type washers, dryers, soiled laundry storage, clean laundry storage, and laundry supply storage.
027 Janitor's Closet. At least one (1) 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.
028 Security Equipment Storage. A secure storage area shall be provided for all chemical agents, weapons, and security equipment.
029 Administrative Space. Sufficient space shall be provided for administrative and clerical personnel. The space should include an area for conference and staff training.
030 Staff Locker Rooms. Locker space, toilets, showers, and dressing areas should be provided for facility employees.
031 Public Lobby. A public lobby or waiting area shall be provided which includes sufficient seating, toilets, and drinking fountains. Public access to security and administrative work areas shall be restricted. All public areas of the facility shall be accessible to the handicapped.
032 Parking. Sufficient parking for visitors and official vehicles shall be provided on the site.
History
- Effective 1993-08-08
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