title-77•Neb. Admin. Code tit. 77 — Standards for Community Residential Facilities
Neb. Admin. Code tit. 77 — Standards for Community Residential Facilities
title-77Neb. Admin. Code tit. 77Regulation
Chapter 1 Definitions and Purview
Neb. Admin. Code tit. 77, ch. 1 Definitions and Purview {#sec-77-nac-1 omnilex-key=us-ne-regs-official--title-77--77 NAC 1}
001 It is the policy of the Jail Standards Board that the following clarification of terminology and parameters be applied in the promulgation of Standards for Adult Community Residential facilities within the jurisdiction of the State of Nebraska.
002 Definitions. Except where the context otherwise provides, the following definitions shall apply:
002.01 “Absconder” shall mean an inmate who fails to report to their assigned temporary release location or return to the facility from a court ordered release, a county work detail or a community service assignment. Can be classified as an escape.
002.02 “Approved Rated Capacity” shall mean the number of inmates which may be housed in any cell, room, housing unit, building, corrections facility or combination thereof. This shall not limit a facility administrator from expanding this capacity during an emergency situation.
002.03 “Average Daily Population” shall mean the average number of inmates housed in a community residential facility on any day of the year.
002.04 “Body Cavity Search” searches that involve the examination and possible intrusion into the rectal or vaginal cavities.
002.05 “Classification” Shall mean the process for determining the needs and requirements of those in custody and for assigning them to housing units and programs according to their needs and existing resources.
002.06 “Coed Facilities” A facility designed to house both male and female inmates.
002.07 “Community Residential Facilities” shall mean county corrections facilities used for the housing of minimum security, male and female adult inmates, approved for work release, or court approved community release.
002.08 “Computerized Records Management System” Shall mean an automated record keeping system that is provided by or compatible with that which is managed by the Crime Commission and includes all the required data concerning inmate incarceration.
002.09 “Contraband” Shall mean any item possessed by a confined adult inmate at any time or found within the facility that is illegal by law or expressly prohibited by those legally charged with the administration and operation of the facility.
002.10 "Design" shall mean those essential areas or features which comprise the physical layout of a community correctional facility. Essential areas or features shall include, but not be limited to, the following:
002.10A “Control Center” A secure, self contained unit designed to maintain the security of the facility.
002.10B “Dormitory” A single room or housing unit designed for multiple occupancy that includes both dayroom and sleeping space within the same area.
002.10C “Housing Unit” The total living area available to a group or classification of inmates in the facility. This area may consist of a dormitory or a combination of the space in sleeping quarters and adjacent dayroom.
002.10D “Security Perimeter” The outer portions of a facility that provided for secure confinement of facility inmates.
002.11 “Discharge” Shall mean the final release of an inmate from the facility at the conclusion of their sentence or program.
002.12 “Disciplinary Hearing” Shall mean a non-judicial administrative procedure to determine if substantial evidence exists to find an inmate guilty of a rule violation.
002.13 “Educational Release” Shall mean the designated time when inmates leave the facility to attend school in the community and return to custody after school hours.
002.14 "Emergency" shall mean any significant disruption of normal facility or agency procedure, policy, or activity caused by a riot, escape, fire, natural disaster, employee action, show of force, or other serious incident.
002.15 “Escape” Shall mean an inmate’s unlawful removal from official detention or failure to return to official detention following temporary leave granted for a specific purpose or limited period.
002.16 "Existing Facility" shall mean any community residential facility in use, or for which bids have been let, prior to the effective date of these Standards.
002.17 “Facility” Shall mean a place, institution, building, or set of buildings that are used for the lawful custody of individuals.
002.18 “Facility Administrator” Shall mean any official, regardless of the local title who has the ultimate responsibility for managing and operating the community residential facility.
002.19 "Facility Employees" shall mean those custodial personnel with titles such as jailer, deputy, counselor, correctional officer or any other title which signifies the duty of supervision of inmates in the community residential facility.
002.20 "General Maintenance" shall refer to those activities performed to keep the community residential facility in good repair and condition.
002.21 "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.
002.22 “Grievance Process” Shall refer to circumstance or action considered to be unjust and grounds for complaint and response to that circumstance in the form of a written complaint filed with the appropriate body.
002.23 “Health Authority" shall mean the physician, health administrator, or agency responsible for the provision of health care services at the institution or system of institutions; the responsible physician may be the health authority.
002.24 “Health Care” Shall mean the sum of all action taken, preventative 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.
002.25 “Health Care Personnel” Shall mean individuals whose primary duty is to provide health services to inmates in keeping with their respective level of health care training or experience.
002.26 “Health Screening” Refers to a system of structured observations/initial health assessments to identify newly arrived adult inmate’s health status and needs.
002.27 “Inmate” Shall mean any individual, whether in pretrial, unsentenced or sentenced status who is confined in a correctional facility.
002.28 "Jail Standards Board" hereafter referred to as the "Board" shall mean that Board which was created by the Legislature to further such policy of the State of Nebraska.
002.29 "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.
002.30 “Medical Records” Shall mean separate records of medical examinations and diagnosis maintained by the responsible physician.
002.31 “Minimum Security” Shall mean a status assigned to an inmate by a facility classification officer, who can be viewed as presenting the lowest risk of escape, lowest level of criminal sophistication or institutionalization, least likely to pose a threat to staff or the facility, engage in continued criminal conduct and pose a risk to the community.
002.32 "New Facility" shall mean any facility planned, designed or constructed after the effective date of these standards.
002.33 "Newly Renovated Facility" shall mean any facility renovated after the effective date of these standards.
002.34“Parent Agency” Shall mean the administrative department or division to whom the facility/agency reports; the policy setting body.
002.35 “Pat Search” Searches that involve the touching and feeling of the inmate’s clothed body to detect contraband.
002.36 "Policy" shall mean a statement or plan, principle or course of action.
002.37 "Political Jurisdiction or combination of Political Jurisdictions" shall mean a political/geographical area or combination of political/geographical areas created and authorized by the State of Nebraska to construct, maintain or operate the community residential facility.
002.38 "Procedure" shall mean the detailed and sequential actions that must be executed to ensure that a policy is fully implemented.
002.39 "Qualified Medical Employee" shall mean a person who works under the supervision and direction of a medical authority.
002.40 “Reception” Shall mean the process of inmate admission into facility.
002.41 “Record” Shall mean information concerning an individual’s legal, personal and medical history and behavior and activities while in custody.
002.42 "Renovation" shall refer to the alteration of the structure of any community residential facility, or portion thereof, for the purposes of changing or improving its function. This may include, but not limited to altering the physical layout of essential areas within the facility or reconstruction of the existing structure, areas, or interior features.
002.43 "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.
002.44 "Standard" shall mean a statement which describes a principle or model by which the quality and effectiveness of a community residential facility and its maintenance, construction or operation can be measured or evaluated.
002.45 “Strip Search” Searches that involve the removal of all articles of clothing and a visual inspection of the inmates nude body including a visual examination of the outer genital area and inside the mouth, nostrils and ears.
002.46 “Temporary Release” Shall mean a period of time in which an inmate is allowed to leave the facility and go into the community unsupervised for various purposes consistent with the public interests.
002.47 "Trained Personnel" shall mean those persons who have completed or met the appropriate requirements as set forth in Chapter 2, paragraphs in 005 of these Standards.
002.48 “Work Release” shall mean a formal arrangement sanctioned by law which an inmate is released into the community to maintain approved and regular employment.
003 Authority to Inspect. Personnel of the Nebraska Commission on Law Enforcement and Criminal Justice shall have the power and authority to conduct facility inspections at any reasonable hour which they deem necessary to monitor each community residential facility's compliance with these Standards.
004 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 community residential facility, facility employees, public or inmates. Only such Standards as are directly affected by the emergency may be suspended. In no event shall the emergency suspension continue more than seventy-two (72) hours without the knowledge of the Chair of the Board or the Jail Standards Division. The Chair of the Board or the Jail Standards Division may specify a maximum time limitation after having been properly notified.
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 Written Policies and Procedures. Each facility administrator shall develop and implement written policies and procedures covering all areas identified in these Standards.
History
- Effective 2012-04-02
Chapter 2 Authority, Policies, Personnel and Training
Neb. Admin. Code tit. 77, ch. 2 Authority, Policies, Personnel and Training {#sec-77-nac-2 omnilex-key=us-ne-regs-official--title-77--77 NAC 2}
001 It is the policy of the State of Nebraska that the facility operates according to its legal authority and established policies and procedures that are consistent with all aspects of minimum standards for community residential facilities. Facility administrators and facility employees conform to minimum standards of training, staffing, and demeanor as established herein.
002 Authority. The public agency operating the community residential facility is a legal entity or part of a legal entity.
003 Policies. The facility administrator has developed and implemented written policies and procedures which are consistent with the requirements of these standards.
003.01 Procedures that describe the operating and maintaining of the facility are specified in a manual that is accessible to all employees.
003.02 Policies are reviewed at least annually and new or revised policies and procedures are made available prior to implementation to designated staff.
003.03 Employees participate in the formulation of policies, procedures and programs.
004 Training Program. The facility shall participate in an organized training program that is planned and coordinated by a designated employee. Training shall be based on, and consistent with the facility's written policies and procedures and these Standards.
005 All newly appointed community residential facility administrators and facility employees who work in excess of two hundred (200) hours annually and are responsible for facility security or supervision of residents shall meet the following training requirements:
005.01 Facility Orientation Training. All new facility employees shall be provided orientation training on the facility's policies and procedures, organization, structure, programs and services, and task orientation to their particular job assignments, shift duties and equipment used. Orientation training shall be successfully completed before employees are assigned an independent shift. Orientation training shall include training in the following areas that are appropriate for the employee’s job assignments:
005.01A Inmate supervision, facility security, key control, inmate management, and inmate rules, regulations and enforcement procedures;
005.01B Emergency procedures including fire evacuation, natural disaster, escape, disturbance, suicide attempts, death;
005.01C Inmate reception, orientation and discharge procedures;
005.01D Inmate mail, telephone, visiting, recreation, and library services;
005.01E Food service, inmate hygiene and laundry, facility sanitation and maintenance;
005.01F Inmate work release, educational release, work assignments, release programs;
005.01G Inmate medical, mental health, suicide prevention and counseling services;
005.01H Report writing, professional communications and human relations;
005.02 Initial Training. Satisfactory completion of a minimum of eighty (80) hours of initial training provided by the Nebraska Law Enforcement Training Center or an equivalent curriculum approved by the Jail Standards Board, is required. Such training shall cover, at a minimum, the following areas:
005.02A Correctional legal issues, inmate rights, officer rights and liability;
005.02B Interpersonal communications, human relations, crisis intervention, inmate supervision and inmate discipline;
005.02C First aid, medical issues, mental health & suicide prevention, psychological behavioral aspects of incarceration, substance abuse and abnormal behavior;
005.02D Use of force and self defense;
005.02E Responding to escapes, absconders, fires, fights and disturbances;
005.02F Report writing;
005.02G Facility security.
005.03 The community residential facility administrator and facility employees shall be considered to have satisfactorily completed the initial training if all academic and attendance requirements established by the Nebraska Law Enforcement Training Center or the certified training provider have been met and a certificate has been issued to the trainee.
005.04 After the effective date of these Standards, newly appointed community residential facility administrators and facility employees shall receive the initial training as soon as possible, and it must be completed within the first year of employment.
005.05 The initial training requirements for the community residential facility administrator and facility employees may be waived by the Board upon proof of comparable training. In order to evaluate the waiver request, the facility administrator will make the following information available to the Board upon request:
005.05A Course title, outline, and objectives;
005.05B Time(s) and date(s) of course;
005.05C Name of instructor(s) and qualifications;
005.05D Examinations/student evaluation procedure;
005.05E Class roster and attendance records;
005.05F Copies of certificates issued, if any.
005.06 After the first year of employment, a minimum of eighteen (18) hours of yearly in-service training is required for community residential facility administrators and facility employees.
005.07 The yearly in-service training shall not be waived and should/shall include; professional conduct, legal issues, use of force, sexual abuse/assault awareness, use of restraints, searches, contraband control and report writing.
005.08 All facility employees shall successfully complete a medical training program established by a recognized health authority in cooperation with the facility administration that includes:
005.08A Signs, symptoms, and actions required in potential medical emergency situations;
005.08B Administration of first-aid and CPR
005.08C Signs symptoms of mental illness, retardation, and chemical dependency;
005.08D Procedures for inmate transfers to appropriate medical facilities or health care providers.
005.08E Blood borne pathogens, communicable diseases and universal precautions.
005.09 All facility employees authorized to use firearms shall receive training and be qualified in their use on at least an annual basis.
005.10 All facility employees authorized to use chemical agents, other weapons, or mechanical restraints shall receive training in their handling and use.
005.11 All facility employees shall receive training in the performance of the facility's written emergency plans and in the use of emergency equipment on at least an annual basis.
005.12 The facility shall maintain a complete and current record of all training received for each facility employee. Copies of any certificates issued shall also be maintained.
006 Minimum hiring requirements.
006.01 After the effective date of these Standards, applicants for positions with responsibility for facility security or supervision of inmates must meet the following minimum requirements and provide the necessary information and records to be considered for employment:
006.01A Citizen of the United States;
006.01B At least nineteen (19) years of age or older;
006.01C Be free of any convictions of crimes punishable by imprisonment in a state or federal penitentiary for a term of one (1) year or more from which a pardon has not been received. At the time of employment, new employees shall be fingerprinted and their fingerprint cards shall be promptly submitted to the Nebraska State Patrol for a criminal history search; and
006.01D Have graduated from high school or possess a certificate which certifies an educational development of at least a high school graduation level.
007 Staffing. The facility administrator and/or governing authority systematically determine and review staffing policies and requirements at least annually. Staffing plans are implemented accordingly.
007.01 Trained facility employees are available in the facility twenty-four hours a day to respond to inmate needs and supervision. Records are maintained of staff on duty on each shift.
007.01A When both male and female inmates are housed in the facility, at least one male and one female staff members are on duty at all times. Female employees shall provide supervision of all female inmates housed in the facility.
007.01B The facility administrator shall ensure that inmates are viewed personally by facility employees often enough to maintain their safekeeping, but in no event less than one time per hour and document it.
007.01C Where audio or visual electronic surveillance is used, it should be located primarily in hallways, elevators, corridors, or at entrance and exit points of the security perimeter. Electronic surveillance shall not substitute for periodic personal observations by facility employees, as required in paragraph 007.01B.
007.01D Where electronic surveillance does not provide adequate continuous coverage, facility employees shall be stationed in reasonable proximity to the inmate housing areas to respond promptly to emergencies.
007.01E Policies and procedures provide for staff appointments to ensure that short-term personnel can be available for emergencies.
008 Demeanor. All facility employees shall maintain a professional demeanor in their contacts with inmates and the public.
008.01 Facility employees shall not use their official positions to secure privileges for themselves and shall not engage in behavior which conflicts with the interests of the facility.
008.02 Conversations and counseling with inmates as well as maintaining order and security shall be carried out in a positive and constructive manner whenever possible.
008.03 Except as authorized by the facility administrator, no facility employee shall knowingly:
008.01A Deliver, aid, enable, or permit the delivery of any message, correspondence, literature, contraband, or anything else not necessary or proper to the discharge of their duties to or from any inmate.
008.01B Give or extend to any inmate any favors, including any privileges not common to all in a similar group.
008.04 Every facility employee within the scope of their duties, shall exercise utmost vigilance to detect any violation, infraction, or evasion of these Standards.
History
- Effective 2012-04-02
Chapter 3 Records and Statistics
Neb. Admin. Code tit. 77, ch. 3 Records and Statistics {#sec-77-nac-3 omnilex-key=us-ne-regs-official--title-77--77 NAC 3}
001 It is the policy of the State of Nebraska that each community residential facility shall utilize or access a computerized Records Management System for collecting operations data. In addition, each facility administrator of a community residential facility shall respond to all reasonable requests for statistical information made by the Jail Standards Board for the State of Nebraska.
002 Records and Statistics. All community residential facilities shall establish policies to maintain accurate and up-to-date records. The facility maintains a record for each inmate. The maintenance of the following records is required:
002.01 Reception/discharge documents. Reception and discharge documentation containing the necessary descriptive information shall be completed for each inmate. This documentation shall be submitted to the parent agency after the inmate’s discharge. Reception information includes;
002.01A Name, address, date of birth and social security number;
002.01B Date of reception, Sex, race, type of commitment or committing authority;
002.01C Whom to notify in case of an emergency
002.01D Special medical needs and social history and personal physician where applicable;
002.01E Legal status, length of stay and conditions of placement.
002.02 Personal property and money. During reception, an itemized list of all the inmate’s property and money being stored shall be completed and verified in accordance with Chapter 5, paragraph 002.06 An accurate record of each inmate's expenditures or receipts of money shall also be maintained.
002.02A An itemized account of every debit and credit for every inmate shall be kept.
002.02B Every person depositing money in an inmate's account shall sign for and receive a receipt for such deposits.
002.03 Facility Records. Information about routine operations and unusual incidents that occur at all locations in the facility are consistently recorded.
002.03A Staff maintain a permanent log.
002.03B Staff prepare shift reports.
002.04 Visitor's Register. A visitor's register containing the date, the name of each visitor and name of each resident to be visited shall be maintained.
002.05 Food Records. In accordance with Chapter 10, paragraph 006, summary records shall be maintained of all food served.
003 Access to Inmate Records. Inmates, except for those committed to the Department of Correctional Services, shall have access to accurate summary information kept in their facility records. All inmate records shall be safeguarded against unauthorized and improper disclosure. Guidelines for this disclosure shall be in accordance with the Nebraska Security, Privacy, and Dissemination of Criminal History Information Act of 1978.
004 Official Correspondence. Each community residential facility administrator or parent agency shall keep official correspondence between the facility and personnel of the Jail Standards Board for a period of at least one (1) year. The Board shall keep all official correspondence for a period of at least five (5) years.
005 Records Maintenance. All records, forms, itemizations, registers, or inventories which are to be maintained pursuant to these Standards must be kept by the facility administrator or the parent agency for a period of at least five (5) years.
History
- Effective 2012-04-02
Chapter 4 Inmate Classification and Assignment
Neb. Admin. Code tit. 77, ch. 4 Inmate Classification and Assignment {#sec-77-nac-4 omnilex-key=us-ne-regs-official--title-77--77 NAC 4}
001 It is the policy of the State of Nebraska that all inmates eligible for assignment to community residential facilities are subject to a meaningful and accurate classification process prior to assignment to minimum security housing, work release, work programs, electronic monitoring and educational release. All inmates shall be afforded equal protection and equal opportunity in classification, work assignments, and in consideration for any available facility programs. Inmates shall not be subjected to discrimination on the basis of race, national origin, color, creed, sex, economic status, or political belief.
002 Inmate Classification. In all parent agencies, a classification committee, board, or officer shall be designated. The classification process shall be initiated as soon as practical, however, not exceeding fifteen (15) consecutive days after admission. Written classification policies and procedures include the following provisions;
02.01 The classification committee, board, or officer shall gather sufficient information to determine the inmates' appropriate custody categories, housing assignment and eligibility for housing at the community residential facility.
002.02 The classification committee, board, or officer shall confirm a minimum security classification status on each inmate prior to their assignment to the community residential facility and document their determinations.
History
- Effective 2012-04-02
Chapter 5 Reception, Housing Assignments and Discharge
Neb. Admin. Code tit. 77, ch. 5 Reception, Housing Assignments and Discharge {#sec-77-nac-5 omnilex-key=us-ne-regs-official--title-77--77 NAC 5}
001 It is the policy of the State of Nebraska that a meaningful reception and discharge process shall be employed when an inmate is housed in a community residential facility. The reception and discharge process employed by any community residential facility shall be governed by written policy and procedures that are consistent with the provisions established herein.
002 Reception. The reception process shall include, but not be limited to the following procedures:
002.01 Verification of Assignment. The receiving officer shall confirm the identity of the inmate and verify the classification and assignment from the parent agency. The inmate’s legal commitment authority is documented.
002.02 Reception form. The receiving officer shall complete the facility’s reception form on each inmate assigned from the parent agency.
002.03 Risk Assessment. A risk assessment is conducted and documented for each inmate either prior to reception, during reception or within 48 hours of reception.
002.04 Health Screening. Each newly received inmate who was not assigned from a correctional facility undergoes a medical screening or examination within fourteen (14) days of reception. These are forwarded to the medical authority for review.
002.05 Search. Each inmate should be searched upon reception.
002.06 Property Control. Newly received inmates shall relinquish all property and money not permitted in the facility. An itemized inventory of all property and money shall be made and verified in writing. The property and money shall be stored until it is returned.
002.06A Inmates shall verify the inventory list with their signatures.
002.06B A copy of the inventory should be given to the inmates at time of reception.
002.06C Inmates shall be permitted to retain their prescription eye glasses except where removal is necessary to protect the inmate or others from harm.
002.07 Orientation. Inmates receive orientation materials. During reception, facility staff discuss facility goals, services available, rules governing conduct, access to health care, and facility rules with the inmate. This is documented by a statement signed and dated by the inmate and staff.
003 Housing Assignments. In all community residential facilities, policies concerning housing assignments shall be consistent with the following provisions:
003.01 Mandatory Housing Separations. The following mandatory housing separations of inmate classifications are required:
003.01A In coed facilities, male and female inmates do not occupy the same sleeping rooms.
003.01B If the physical plant design permits, inmates with work release or educational release are housed separately from those who are assigned to facility or community work details.
004 Discharge. If a community residential facility directly discharges inmates, the discharge policies and procedures shall include, but not be limited to the following procedures:
004.01 Verification of Discharge. The discharging officer shall verify the identity of the inmate to be discharged and the authority of the discharge.
004.02 Discharge or Transfer. The discharging officer shall confirm the completion of all facility matters, the forwarding of records to the parent agency and the orders for completing any transfers.
004.03 Property. Upon Discharge, the inmate's personal property shall be returned. The inmate shall sign a receipt thereof. A copy of the receipt should be given to the resident at the time of the discharge.
History
- Effective 2012-04-02
Chapter 6 Security and Control
Neb. Admin. Code tit. 77, ch. 6 Security and Control {#sec-77-nac-6 omnilex-key=us-ne-regs-official--title-77--77 NAC 6}
001 It is the policy of the State of Nebraska that facility administrators in all community residential facilities shall employ policies and procedures that ensure proper levels of security and control. Such policies and procedures shall be consistent with the provisions established herein.
002 Supervision of Housing and Custodial Areas. The facility has a system of accountability for inmates assigned to housing, work and educational release, furloughs and other temporary absences from the facility. The facility has a system for physically counting inmates.
002.01 An official count shall be taken and recorded four (4) times daily at the following times:
002.01A Two counts between the hours of 2400 and 1200 hours;
002.01B Two counts between the hours of 1200 and 2400 hours. There shall be at least a four (4) hour interval between counts.
002.02 Staff monitors and documents the movement of inmates into and out of the facility.
003 Facility Security and Control. Facility policies and procedures employed to ensure maintenance of security and control shall be consistent with the following provisions:
003.01 Access to and egress from the facility is controlled by staff. Movement of visitors is monitored, controlled and recorded.
003.01A Facility employees shall carefully inspect dormitories, perimeters, windows, and doors leading into and out of housing areas daily to ensure that all are in proper and safe working order. These inspections are documented.
003.01B Absconders, and escapees, are detected and promptly reported. Timely notification is made to the facility administrator, the parent agency and appropriate law enforcement agencies.
003.02 Prior to assignment of an inmate to a housing unit, the facility administrator or designated employee shall ensure that the unit is properly equipped according to standards and that the required equipment is in useable condition.
003.03 The facility administrator and all facility employees shall maintain a continual vigilance of their assigned area of supervision and maintain an accurate count of inmates in accordance with these Standards. They shall ensure that all locks on appropriate hall doors, dormitory doors, and elsewhere are locked, and that they are aware of the location and condition of particular inmates that have special needs. Facility employees shall take prompt action whenever any problems or disturbance arises.
003.03A Physical force is used only in instances of self protection, protection of staff and inmates, prevention of property damage or prevention of escape.
003.03B A written report is prepared following all uses of force and is submitted to the facility administrator. The report details all circumstances, lists those involved, including witnesses, and describes medical care provided.
003.03C Persons injured in an incident immediately receive a medical examination and treatment.
003.03D Use of force incidents are investigated; findings are aggregated and analyzed.
003.03E When two (2) or more inmates engage in a fight, witnessing facility employees, with the necessary help, shall separate the inmates at once, and the senior facility employee shall take such action as is necessary to restore security and order. Such incidents shall be properly documented with the information forwarded to the facility administrator or other appropriate facility employee for possible disciplinary action or further investigation.
004 Emergency Procedures. There are written emergency policies and procedures that ensure the proper handling of emergency situations such as fire, disturbance, and natural disaster, escape, taking of hostages or evacuations. Emergency procedures are disseminated to the appropriate local authorities.
004.01 Specific plans and orders to be followed in the event of any emergency situation shall be made available to all facility employees. Such procedures shall be reviewed annually and updated as necessary.
004.02 All facility personnel are trained in the implementation of written emergency plans and orders. Evacuation drills are conducted and recorded at least monthly on each shift, and at least once every quarter are conducted when the majority of the inmates are present.
004.03 The facility shall comply with the regulations of the fire authority having jurisdiction. The facility administrator shall maintain documentation of compliance with Life Safety Codes, based on an annual inspection of the facility by the fire authority.
004.04 If emergencies occur they are responded to appropriately to minimize severity. Emergencies are subsequently analyzed and the results are used to initiate or reverse a policy and procedure to prevent future occurrences.
005 Maintenance of Facility Security equipment and Keys. Facility administrators in all community residential facilities shall maintain written policies and procedures to ensure proper supervision of the facility security equipment and keys.
005.01 Supervision of Security Equipment. All security equipment shall be stored in a secure but readily accessible depository. Possession and use of weapons is prohibited in the facility except in cases of emergencies.
005.01A All security equipment shall be kept clean and in proper working order and available for immediate use. Defective equipment shall be tagged and stored separately.
005.01B All security equipment shall be inventoried at regular intervals to determine their condition. All equipment shall be catalogued with proper documentation of their issuance and use. The loss or misplacement of any equipment shall be reported immediately to the facility administrator.
005.01C In emergency situations, facility employees on duty shall use only the security equipment approved by the facility administrator.
005.01D Facility employees authorized to use security equipment shall be qualified in the safe and efficient use of devices approved by the facility administrator.
005.02 Supervision of Facility Keys and tools. All facility keys and tools not issued to facility employees shall be stored in a secure depository with controlled access. Keys and tools shall be issued from a central control area by designated facility employees according to a prescribed system.
005.02A All keys shall be labeled to correspond with their respective locks. The identifying labels, the number of keys available for each lock, and the location of the respective locks shall be properly recorded. The issuance of keys to facility employees shall also be properly documented. Facility employees should only possess those keys officially issued to them.
005.02B Keys not issued to facility employees should be stored in a manner that permits easy determination of the presence or absence of keys.
005.02C Fire and other emergency keys shall be readily accessible to the central control area to the designated facility employees on duty.
005.02D The loss or misplacement of facility keys shall be immediately reported to the facility administrator.
006 Contraband Control. Staff exercises continual vigilance to detect and minimize unauthorized items and contraband. Staff receives training and supervision in the detection of contraband. Policy is communicated to staff and inmates.
007 Inmate Searches. Facility policies and procedure regarding pat searches, strip searches, and body cavity searches shall be consistent with the following provisions:
007.01 General Search Procedures. Facility employees shall thoroughly search inmates to control contraband when they are returning to the facility and as otherwise necessary to maintain security and control of the facility.
007.01A All searches shall be conducted in a manner which preserves the dignity of the inmate to the greatest extent possible.
007.01B All searches shall be of the least intrusive type necessary to satisfy the safety and security needs of the facility.
007.01C All strip searches and body cavity searches shall be conducted by facility employees of the same sex as the inmate, except for qualified medical employees acting pursuant to Chapter 6, paragraph 007.04B. Except in cases of emergency, all pat searches should be conducted by facility employees of the same sex.
007.01D All strip searches and body cavity searches shall be conducted in an area made private from the observation of persons not physically conducting the search and persons not present to ensure the safety of those persons conducting the search.
007.02 Pat Searches. The pat search shall be considered the initial method of searching inmates upon reception.
007.02A The pat search shall also be considered the routine method of searching inmates already lodged in the facility. These searches may be conducted at any time needed to maintain security and control.
007.03 Strip Searches. Strip searches of the inmate population are authorized to control the possession of contraband in the facility.
007.03A Strip searches of inmates when returning to the facility may be conducted to prevent the introduction of contraband, weapons, criminal evidence, or other things concealed on the inmates body which present a threat to the safety and security of the facility;
007.03B Strip searches of inmates are authorized when there is reasonable suspicion that a strip search is necessary to confirm the presence of a health condition requiring immediate medical treatment;
007.04 Body Cavity Searches. No body cavity searches shall be conducted unless there exists probable cause to believe that contraband will be discovered. No body cavity search shall be conducted without prior authorization by the administrator or his designee.
007.04A No body cavity search shall be conducted unless a thorough pat search, strip search or search of the inmate's clothing do not satisfy the safety and security needs of the facility.
007.04B Body cavity searches shall be performed under private and accepted sanitary conditions and only by a qualified medical employee.
007.04C Documentation. A record of the body cavity search shall be prepared and maintained in the inmate's individual file. The record shall include:
007.04C1 A statement of the facts which led facility employees to believe there was probable cause to conduct the body cavity search;
007.04C2 The name and sex of each person conducting or observing the search;
007.04C3 The time, date and place of the search; and
007.04C4 All physical evidence obtained through a search, in connection with a violation of law and/or facility regulation is preserved, controlled and disposition made. Facility procedures address Chain of Custody, Evidence Handling, location and storage requirements.
History
- Effective 2012-04-02
Chapter 7 Programs
Neb. Admin. Code tit. 77, ch. 7 Programs {#sec-77-nac-7 omnilex-key=us-ne-regs-official--title-77--77 NAC 7}
001 It is the policy of the State of Nebraska that all community residential facilities shall, to the best of their ability, offer a range of programs to benefit the inmates and to assist in their successful reintegration into the community. Programs and services should include the following:
002 Counseling. Inmates may be provided opportunities for personal counseling.
002.01 Community resources may be utilized for individual and family counseling and other social services.
002.02 Inmates shall be provided opportunities to participate in religious service and counseling.
003 Education. Inmates shall be provided opportunities for basic education at least up to high school equivalency.
003.01 Inmates may also be provided opportunities for vocational and technical training if programs are available.
003.02 Each community residential facility shall follow the orders of the judicial authority in the provision of educational release opportunities for inmates.
004 Work. An inmate work program may be provided.
004.01 Each community residential facility shall follow the orders of the judicial authority in the provision of work release opportunities and conditions for inmates.
004.02 Inmates may be assigned work in areas of facility maintenance and sanitation, or on other public works projects financed by public funds.
004.03 Work programs involving inmate labor shall not supercede inmate’s requests for GED, educational release or work release.
005 General Library. Library materials shall be available to all inmates housed in all community residential facilities.
005.01 Library materials should be responsive to the interests and educational needs of the users. Library materials shall include, at a minimum, the following:
005.01A Local daily newspaper,
005.01B Current magazines,
005.01C Reasonable selection of books.
005.02 Library materials shall be available to inmates daily, during the hours set by the facility administrator.
006 Exercise and Recreation. Community residential facilities shall provide a program which includes both active physical exercise and passive recreational activities.
006.01 Indoor or outdoor space shall be designated for inmate exercise and recreation. 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 recreation activities.
006.02 The facility shall have an established recreation schedule for the inmate population.
006.03 Recreation and exercise areas shall be secure and should be equipped in sufficient amounts to offer all inmates the opportunity to participate in recreation and exercise activities during the designated periods.
007 Electronic Monitoring. If the facility provides electronic monitoring, the program has a system of accounting for assigned inmates at all times, including verification of activities, absence from required services or activities as well as other program violations.
007.01 Access to electronic monitoring equipment is limited to authorized personnel with security codes. Adequate power and communication back up system provides for continuous uninterrupted operations.
007.02 Any interruption in electronic monitoring service is documented and reported to the facility administrator and the judicial authority having jurisdiction over the inmate.
007.03 A detailed written inmate electronic monitoring program schedule is developed and signed by the appropriate staff member and the eligible inmate.
007.04 Provisions are made for inmates who are unable to pay for the electronic monitoring program costs.
History
- Effective 2012-04-02
Chapter 8 Mail, Visiting and Telephone Service
Neb. Admin. Code tit. 77, ch. 8 Mail, Visiting and Telephone Service {#sec-77-nac-8 omnilex-key=us-ne-regs-official--title-77--77 NAC 8}
001 It is the policy of the State of Nebraska that all community residential facilities shall provide mail, visiting, and telephone services for all inmates, except those inmates on work or educational release status during the hours they are outside the facility. Such services shall be consistent with the Standards established herein.
002 Mail Services. All community residential facilities shall establish policies and procedures for the handling of incoming and outgoing inmate correspondence in accordance with the following requirements:
002.01 All facility regulations concerning inmate correspondence shall be specified in writing and made available to staff members, inmates and their correspondents.
002.02 Facility employees shall not limit the volume of mail to or from an inmate.
002.03 Inmates shall be allowed to send or receive mail from any persons or organizations, except where there is clear and convincing evidence that justifies a restriction. Inmate to inmate correspondence can be read.
002.04 Inmates shall be allowed to send sealed confidential mail to a specified class of persons or organizations to include, at a minimum, their legal counsel, courts, government officials, members of the confining authority, and the Board.
002.04A Confidential mail received from this specified class of persons or organizations may be opened only in the presence of the inmate. The delivery of confidential mail to an inmate is documented.
002.04B Confidential mail may be inspected for contraband, cash, checks, or money orders but shall not be read.
002.04C The facility administrator may choose to attach a letter to any outgoing correspondence, disclaiming any responsibility for the nature of the contents of such correspondence.
002.05 Inmate’s incoming or outgoing personal mail may be opened and inspected for cash, checks, money orders, or contraband.
002.05A Cash, checks, or money orders shall be removed from incoming mail and properly credited to the inmate's account.
002.05B If contraband is discovered in either incoming or outgoing mail, it shall be removed, with that action and disposition being properly documented.
002.05C No disciplinary action shall be taken against an inmate because of the contents of their incoming mail unless it can be proven that they had prior knowledge of the contents.
002.06 Incoming or outgoing personal mail may be read or rejected, when based on legitimate facility interests of order and security, threats to any public official, any other person, or is being used in the furtherance of illegal activities.
002.06A Objectionable portions of incoming or outgoing mail shall not be censored. Such correspondence shall be delivered unaltered or totally rejected.
002.06B The inmate is notified in writing when incoming or outgoing personal mail is rejected, returned to the sender or withheld.
002.07 Indigent inmates, as defined in policy, receive a specified postage allowance to maintain family and community ties.
002.08 Mail shall be delivered within twenty-four hours, excluding weekends and holidays.
003 Visiting Services. All community residential facilities shall establish policies and procedures for inmate visitation in accordance with the following requirements:
003.01 In all facilities there shall be opportunities for inmate visitation with clergy, counselors, and legal representatives.
003.01A Attorneys, legal representatives, Clergy providing religious counseling, physicians, probation/parole officers, and mental health and addiction therapists shall be allowed to visit at any reasonable time for any reasonable length of time. Visits between inmates and visitors of the types identified herein shall be contact visits unless the inmate or visitors indicate otherwise or unless the facility administrator has reasonable grounds to believe a contact visit would present a threat to facility security.
003.01B The facility administrator may establish reasonable procedures to require identification of any person who presents himself or herself as a professional identified herein who is requesting contact visitation with an inmate detained in the facility.
003.01C Contact visits between inmates and professionals identified herein, shall be in a private area or room so as to allow for confidential communication among up to four (4) people with adequate writing space. Such visits shall not be monitored, except that facility employees may visually observe the visitation through glazed observation panels or by means of closed circuit television as necessary to maintain appropriate levels of security.
003.02 In all community residential facilities, each inmate shall be allowed at least two (2) personal visits per week.
003.02A Inmates receive approved visitors except where there is substantial evidence that the visitor poses a threat to the safety and security of the facility, staff or the inmate.
003.02B Inmates shall be allowed at least two (2) hours of visiting time each week in two (2) or more visits. Visits shall not be limited to less than one-half (1/2) hour.
003.02C Enough hours shall be set aside weekly to fulfill the visiting requirements of all inmates housed in the facility.
003.02D Provisions are made for special visits.
003.02E At the discretion of the facility administrator, visits may be of the contact type.
003.03 All visitors shall be required to register their names and provide all other information required in the visitor's register described in Chapter 3, paragraph 002.04.
003.04 For contact visits, visitors may be required to submit to a pat search procedure. Searches performed on visitors shall be documented. If the visitor does not wish to submit to a search when there is reasonable suspicion related to safety and security concerns, the facility administrator may restrict the visit to a non-contact type. Where there is substantial evidence that the visitor poses a threat to the safety of the inmate or the security of the facility, or is a threat to introduce contraband into the facility, the visit may be denied.
003.04A Female visitors shall be searched by female employees and male visitors shall be searched by male staff.
003.05 Inmates shall be allowed to accept from visitors only those items approved by the facility administrator.
003.06 Visitors who refuse to abide by any policy or procedure concerning visiting may be denied the privilege of visiting.
004 Telephone Services. There are telephone facilities on the premises which are accessible to inmates. The facility has established policies and procedures to govern telephone services which address the following requirements:
004.01 Inmates shall be allowed to make a reasonable number of outgoing telephone calls to legal representatives or to maintain family and community ties.
004.02 Inmates shall be allowed to receive emergency telephone calls, except where such action significantly disrupts facility operations. In such cases, inmates shall be allowed to return the call within twelve (12) hours.
004.03 Telephone calls to or from legal representatives shall be of reasonable lengths of time and shall not be monitored.
004.04 Telephone calls other than those to or from legal representatives may be limited or revoked as a disciplinary sanction.
History
- Effective 2012-04-02
Chapter 9 Health Services
Neb. Admin. Code tit. 77, ch. 9 Health Services {#sec-77-nac-9 omnilex-key=us-ne-regs-official--title-77--77 NAC 9}
001 It is the policy of the State of Nebraska that all community residential facilities shall provide all inmates with a healthful environment and access to adequate medical and dental care. All facilities shall provide access to medical services and maintain levels of sanitation and personal hygiene which are consistent with the Standards established herein.
002 Health Services. The facility has written policies and procedures, approved by the facility medical authority governing all aspects of health services and shall include, at a minimum, the following general provisions:
002.01 Health Authority. The facility has a designated health authority with responsibility for health care pursuant to a written agreement, contract, policies or job description. The health authority may be a physician, health administrator, health agency or the medical director of the parent agency.
002.02 Health Authority Staffing. If the facility provides medical treatment on-site, personnel who provide health care services to inmates are qualified. Duties and responsibilities of such personnel are governed by written job descriptions approved by the health authority. Verified credentials and job descriptions are on file at the facility. Appropriate state and federal licensure, certification or registration requirements and restrictions apply.
002.03 Medical Orders. If the facility provides medical treatment on-site by a nurse, such treatment is performed pursuant to written standing or direct orders by personnel authorized by law to give such orders.
002.04 Observation of Inmates. The facility administrator shall make provisions for the collection and review of inmate medical requests and to insure that these are transmitted to the medical authority. If there are indications of an illness, injury or communicable disease, the facility administrator shall insure that the proper medical attention is provided as soon as possible.
002.05 Records. If medical treatment is provided at the facility, accurate health records for inmates are maintained separately and confidentially. The method of recording entries in the records and the procedures for the maintenance and retention are approved by the health authority.
002.06 Transfers. If health care is provided at the facility for inmates being transferred to other facilities, summaries or copies of the medical history record are forwarded to the receiving facility prior to or at arrival.
002.07 Medication. Policy and procedure direct the possession and use of prescribed medications, supplies and over-the-counter drugs.
002.07A Prescribed medications are administered according to the directions of the prescribing physician.
002.07B If medications are distributed by facility staff, records are maintained and audited monthly that includes the date, time and name of the inmate receiving the medication and the name of the staff distributing it.
002.07C Prescribed drugs administered to the inmate shall be taken in view of the dispensing facility employee to prevent misuse.
002.07D The utmost care shall be used in dispensing non-prescription medication.
002.07E The facility administrator shall establish procedures and provide space for the secure storage and controlled administration of all medicines and drugs.
002.08 First-aid Supplies and Training. First aid kits are available in designated areas of the facility. Contents and locations are approved by the health authority. First aid training and instruction shall be made available to all facility employees.
002.09 Physical Fitness. It is the responsibility of the facility administrator to determine that each inmate is physically fit to perform work duties assigned. Inmates who have received medical attention by a physician or dentist shall not be required to work until approval is given by the attending medical authority or qualified medical employee.
002.10 Suicide Prevention. There is a written suicide prevention and intervention program that is reviewed and approved by a qualified medical or mental health professional. All staff with inmate supervision responsibilities are trained in the implementation of the suicide prevention program.
002.11 Health Education. Health education is provided to inmates, health education includes information on facility medical services, immunizations, personal hygiene, dental hygiene, nutrition, venereal disease, HIV and AIDS, tuberculosis, hepatitis, and other communicable diseases.
002.12 Extraordinary Events. Authorities having jurisdiction are promptly notified of an inmate’s death.
002.12A Procedures specify and govern the actions to be taken and the reports to be completed in the event of the death of an inmate.
002.12B The next of kin shall be notified immediately by the facility administrator in the event of a death or serious illness or injury of an inmate.
002.13 Emergency Treatment. Twenty-four hour emergency medical and mental health care is provided for inmates, which includes arrangements for the following;
002.13A On-site emergency first aid and crisis intervention;
002.13B Emergency transfer of the inmate from the facility;
002.13C Use of an emergency medical vehicle;
002.13D Use of one or more hospital emergency rooms or other appropriate health facilities;
002.13E Security procedures for the immediate transfer of inmates when appropriate.
002.13F to contact the proper judicial authority to request the discharge of the inmate from custody.
002.14 Availability of Medical Authority Data. Each facility administrator shall ensure that the names, addresses, and telephone numbers of medical and dental authorities are readily available to facility employees at all times.
002.15 Personal Physicians. An inmate may make arrangements to retain the services of their own physician or dentist concerning their medical care.
003 Sanitation and Hygiene. All community residential facilities shall maintain acceptable levels of facility sanitation and provide inmates access to proper hygienic materials and services.
003.01 Sanitation/Health Codes. The facility complies with the environmental sanitation and health codes of the local county health department and is periodically inspected by a qualified agency. Inspections and any subsequent corrective action taken is documented.
003.02 Facility/Housekeeping. The Facility is clean and in good repair, and a housekeeping and maintenance plan is in effect.
003.02A Sanitation and safety inspections are conducted by staff weekly and documented.
003.02B Inspection results are recorded reviewed and deficiencies are corrected.
003.03 Parasite Control. Vermin and pest are controlled.
003.04 Waste Disposal. Waste material is disposed of properly in accordance with an approved plan by the appropriate regulatory agency.
003.05 Inmate Personal Hygiene. Inmates maintain acceptable personal hygiene practices. Articles necessary for maintaining proper personal hygiene are provided or are readily available to inmates. Articles include the following:
003.05A A hot shower or bath daily,
003.05B Toilet paper,
003.05C Soap, shampoo, toothpaste, toothbrush, comb,
003.05D Appropriate personal hygiene items for female inmates.
003.06 Linens and Bedding. Inmates have suitable clean bedding and linen that includes:
003.06A A bed and one (1) clean, firm, fire retardant mattress;
003.06B Two (2) clean sheets or mattress cover;
003.06C One (1) clean bath-size towel;
003.06D One (1) pillow and pillow case;
003.06E Sufficient, clean blankets to provide comfort under existing temperature conditions.
003.06F Laundry. Inmates have access to laundry facilities or clean bed linen shall be furnished at least once a week. Blankets shall be laundered at least once each month. Towels and wash cloths may be exchanged or laundered upon inmate request, but at least weekly.
History
- Effective 2012-04-02
Chapter 10 Food Services
Neb. Admin. Code tit. 77, ch. 10 Food Services {#sec-77-nac-10 omnilex-key=us-ne-regs-official--title-77--77 NAC 10}
FOOD SERVICES
001 It is the policy of the State of Nebraska that all community residential facilities provide food services which are consistent with the Standards established herein and specified in facility policies.
002 Frequency of Meals. At least three (3) meals, one (1) of which shall be hot, must be provided at regular times during each twenty-four (24) hour period with no more than fifteen (15) hours between the evening meal and breakfast.
003 Menus. Dietary allowances are reviewed at least annually by a qualified nutritionist, dietician or physician to ensure that they the meet nationally recommended allowances for balanced and basic nutrition for the types of inmates housed in the facility.
004 Religious diets. Special diets are provided for inmates whose religious beliefs require adherence to religious dietary laws.
005 Medical diets. Special diets are provided as prescribed by appropriate medical and dental personnel.
006 Records. The facility shall maintain an accurate record of all meals served to inmates, including special diets. The items served and the time and date served shall be recorded.
007 Supervision. All meals shall be served under the direct supervision of facility employees. Food service operations are hygienic and sanitary.
008 Sanitation. Food service staff and related sanitation practices shall comply with all sanitation and health codes enacted by the state or local authorities. Periodic inspections are conducted by a qualified outside agency with the findings and any required corrective action documented.
009 Kitchen Inspections. Food service practices provide for the following:
009.01 Designated personnel conduct weekly inspections of all food service areas, including dinning room, and food serving areas and equipment;
009.02 Sanitary, temperature-controlled food storage facilities for all foods;
009.03 Daily checks of refrigerator and water temperatures.
History
- Effective 2012-04-02
Chapter 11 Inmates' Rights
Neb. Admin. Code tit. 77, ch. 11 Inmates' Rights {#sec-77-nac-11 omnilex-key=us-ne-regs-official--title-77--77 NAC 11}
001 It is the policy of the State of Nebraska that all community residential facilities shall employ policies and procedures which guarantee inmates their right to freedom of expression, freedom to exercise religious beliefs, access to the media, and access to legal representation and legal materials. The facility’s written policies and procedures shall provide at a minimum the following:
002 Freedom of Expression. An inmate's right to freedom of expression shall be ensured through the employment of provisions which include at least the following:
002.01 Inmates shall be allowed to write and circulate among other inmates anything which these Standards permit to be mailed or brought into the facility or anything which does not present a threat to facility security and order.
002.02 Unless it presents a threat to facility security and order, inmates shall be permitted to discuss any subject among themselves.
003 Freedom of Religion. The facility administrator shall, to the best of their ability, ensure the right of inmates to practice and express their religious beliefs.
003.01 An inmate's free exercise of religion shall be subject only to those limitations necessary to maintain facility order and security.
004 Access to the Courts. Inmates have access to the courts.
005 Access to Legal Representation. Inmates have access to counsel and confidential contact with attorneys and their authorized representatives. Contact includes, but is not limited to, telephone communications, uncensored correspondence, and visits.
006 Access to Legal Materials. In community residential facilities, inmates shall have access to or have the opportunity to purchase legal materials and supplies and services related to legal matters. Indigent inmates shall be provided sufficient materials and supplies needed for preparation of legal documents. In addition to other legal research materials purchased or received by inmates, the facility administrator shall insure that inmates have access to at least the following materials:
006.01 A leading law dictionary;
006.02 Current Nebraska Revised Statutes;
006.03 Rules of the United States District Court and the appropriate local district court;
006.04 A list of all legal representatives in the county; and
006.05 These Standards.
007 Access to the Media. In community residential facilities, inmates shall have access to media representatives through personal interviews, telephone interviews, or correspondence.
007.01 Inmates' access to the media shall be subject only to those limitations necessary to maintain facility order and security.
007.02 Inmates' contact with media representatives should be considered confidential.
007.03 Inmates shall not be subject to administrative disciplinary action as a result of their contact with the media.
008 Disabilities. Inmates with disabilities are housed in a manner that provides for their safety and security. Programs and services are accessible to inmates with disabilities that reside in the facility.
History
- Effective 2012-04-02
Chapter 12 Inmate Behavior, Discipline and Grievance
Neb. Admin. Code tit. 77, ch. 12 Inmate Behavior, Discipline and Grievance {#sec-77-nac-12 omnilex-key=us-ne-regs-official--title-77--77 NAC 12}
001 It is the policy of the State of Nebraska that facility administrators of all community residential facilities shall insure that inmates are made aware of the conduct expected of them, and shall make provisions for disciplinary and grievance procedures which are consistent with the Standards established herein.
002 Inmate Conduct. All inmates confined or residing in any community residential facility shall be required by the facility administrator to comply with all facility rules and regulations.
002.01 Inmate rules and disciplinary regulations describe violations, sanctions and penalties. Facility rules and regulations are reviewed at least annually and updated as necessary.
002.02 All facility rules and regulations pertaining to inmates are conspicuously posted in the facility or included in the orientation handbook that is accessible to all inmates and staff.
002.03 Failure to comply with such directives may result in disciplinary action being taken in accordance with the process described in paragraph 004 of this Chapter.
003 Disciplinary Policies. All community residential facility administrators shall establish clear and concise disciplinary policies and procedures for maintaining discipline and regulating inmate conduct. The following general provisions shall apply:
003.01 General Provisions. In every disciplinary action taken in any facility, the following principles shall be applicable:
003.01A Disciplinary action shall be used to regulate the inmate's behavior within acceptable limits. Each disciplinary sanction imposed shall be proportionate to the seriousness of the inmate's misconduct.
003.01B The behavior of the inmates shall be controlled in a completely impartial and consistent manner;
003.01C Records of all disciplinary actions taken shall be maintained by the facility administration and kept in the inmate’s file;
004 Disciplinary Process. In all facilities, any disciplinary action taken against an inmate for a violation of the facility's rules and regulations shall be in accordance with the following provisions:
004.01 There is a process for informal resolution of minor infractions of the facility rules and regulations.
004.02 There is a process for formal resolution of major rule infractions of facility rules and regulations that provides inmates with appropriate procedural safeguards.
004.03 The commission, or suspected commission, of a major rule infraction and/or an offense violating existing state or federal statute by an inmate or inmates shall be referred to the parent agency disciplinary hearing officer, and the proper law enforcement agency, along with all pertinent evidence.
004.04 Inmates charged with major rule infractions may be transferred to the parent facility prior to a disciplinary hearing to ensure the safety of staff, inmates or the community residential facility.
005 Grievance Procedure. In all community residential facilities, a procedure shall be available to all inmates for the review and adjudication of grievances, consistent with the following principles:
005.01 Inmate's Right to File. Any inmate shall be permitted to file a written grievance.
005.02 Facility Responsibility. Such grievances filed shall be transmitted promptly to the facility administrator, designated employee or official charged with the authority to receive and investigate grievances.
005.03 Disciplinary Sanctions. An inmate reporting a grievance shall not be subject adverse action as a result of the filing of a grievance.
005.04 Investigation of Grievance. Each grievance not obviously frivolous or trivial shall be promptly investigated. A summary report containing the results of the investigation and the recommendations of the facility administrator, designated employee or official charged with the authority to receive and investigate grievances shall be prepared for facility records and the concerned inmate or inmates.
005.05 Time Limitations. The inmate or inmates filing the grievance shall receive a prompt response from the appropriate authority. Such a response shall indicate what disposition will be made on the recommendations received.
005.06 Appeal. At least one level of appeal to the facility administrator is available to all inmates.
History
- Effective 2012-04-02
Chapter 13 Existing Facility Design
Neb. Admin. Code tit. 77, ch. 13 Existing Facility Design {#sec-77-nac-13 omnilex-key=us-ne-regs-official--title-77--77 NAC 13}
001 General Conditions. It is the policy of the State of Nebraska that all existing community residential facilities shall conform to the minimum standards for design established herein. All facilities shall conform to the following general conditions
001.01 Housing units and activity areas shall provide, at a minimum, the following:
001.01A Artificial Lighting. Artificial lighting of at least twenty (20) foot-candles in all living areas and at least fifty (50) foot-candles in all study and work areas.
001.01B Acoustics. Acoustics that ensure the maintenance of noise levels averaging no higher than sixty-five (65) to seventy (70) decibels.
001.01C HVAC. Adequate heating and cooling systems to insure a comfortable and healthful living and working environment that are appropriate to the summer and winter comfort zones.
001.01D Ventilation. Air circulation is at least fifteen (10) cubic feet of outside air or filtered re-circulated air per minute, per inmate in an area’s rated capacity.
001.01E Natural Light. All inmate living areas shall provide visual access to natural light.
001.01F Inmate Privacy. Inmates’ right to privacy from unauthorized or degrading observation shall be protected without compromising security and control of the facility. Privacy screening for all toilet and shower areas which allows adequate supervision of inmates in those areas should be provided.
002 Community residential facilities. In addition to the general conditions, all community residential facilities shall conform to the following physical plant requirements:
002.01 Rated capacity. The facility is not crowded. The number of inmates does not exceed the facility’s rated capacity.
002.02 Local Codes. The facility conforms to all applicable building codes and Life Safety codes established by the State Fire Marshal’s Office.
002.03 Intake. The reception and discharge area shall be adequate in size and be properly equipped to ensure the orderly and secure reception and discharge of inmates.
002.03A Weapons lockers. Weapon lockers shall be located at the facility entrance and outside the security perimeter for law enforcement personnel.
002.03B Searches. A search room shall be located in the intake area for reception and inmates returning from outside the facility.
002.03C Property Storage. Storage areas shall be sufficient to accommodate inmates’ personal property that is not allowed and provide for proper separation and security of those items.
002.04 Issue Space. Space is provided in the facility to store and issue clothing, bedding and other items required for personal hygiene.
002.05 Confidential Interview. Interview areas which provide for private, confidential consultation with attorneys, counselors, ministers and probation/parole officers shall be available.
002.06 Kitchen. In facilities where in-house food service is provided, adequate space is provided for food preparation and serving, an eating area, and seating for all who dine at the same time. The kitchen, dining, and food storage areas are properly ventilated, properly furnished and clean.
002.06A Toilet and wash basin facilities are available to food service personnel and inmate workers in close proximity to the food preparation areas.
002.07 Janitors Closet. Space is provided for janitorial and maintenance supplies in one or more locations that are accessible to the living and activity areas of the facility.
002.08 Administrative Areas. Adequate space is provided for administrative, direct care, professional and clerical staff. This space includes;
002.08A Offices and conference areas,
002.08B Records Storage;
002.08C Toilet facilities
002.09 Dormitories. All dormitory units shall provide a minimum of fifty (50) square feet of floor space per inmate at the unit’s rated capacity. Each dormitory unit shall be equipped with, or provide continuous access to at least one (1) toilet, one (1) wash basin with hot and cold running water, and one shower with hot and cold running water for every twelve (12) inmates. Also, a bunk for each assigned inmate, adequate storage space for clothing and personal belongings and a table with sufficient seating shall be provided.
002.10 Recreation. Adequate and appropriate areas are provided for exercise, recreation and leisure time activities.
002.11 Medical Services. In facilities where medical care is provided on-site, space shall be provided for routine medical examinations, emergency first-aid, emergency equipment storage, and secure medication storage and dispensing.
002.12 Staff posts. In all facilities there shall be one or more staff posts located in close proximity to inmate housing areas. At least one staff post shall be located on each floor of inmate housing.
002.13 Laundry. In all facilities where in-house laundry service is provided, there shall be sufficient space available for commercial type washer(s) and dryer(s), soiled clothing storage, clean laundry storage, and laundry supply storage.
002.14 Hardware. All locks and security hardware shall have the proper security value for the areas in which they are used.
003 Public Accommodations.
003.01 Program Space. All facilities have adequate space and furnishings for conducting programs and group meetings for inmates outside of their housing units. Inmates have access to writing and seating space.
003.02 Personal visiting. In all facilities, adequate and appropriate space shall be provided for monitored personal inmate visitation. Visitation space is accessible to visitors with disabilities.
003.03 Parking. Sufficient parking shall be provided for visitors, Staff, official vehicles and vehicles used by inmates in accordance with their work release orders.
003.04 Lobby. A public lobby, restricted from security and administrative work areas, shall be provided which includes sufficient seating and accessibility to handicapped persons.
004 Compliance. Facility administrators and the appropriate governing bodies of existing community residential facilities which are not in compliance with the existing facility requirements shall, upon notice of the Jail Standards Board of those areas of non-compliance, develop a plan acceptable to the Board for meeting the Standards. Such plan shall be implemented within a reasonable time frame approved by the Board.
History
- Effective 2012-04-02
Chapter 14 New Facility Design and Construction
Neb. Admin. Code tit. 77, ch. 14 New Facility Design and Construction {#sec-77-nac-14 omnilex-key=us-ne-regs-official--title-77--77 NAC 14}
FACILITY DESIGN AND CONSTRUCTION
001 It is the policy of the State of Nebraska that all newly constructed or renovated community residential facilities where the aggregate cost of such construction or renovation exceeds $20,000 shall conform to the minimum standards for planning, design and construction established herein.
002 Applicability. All standards established in this chapter, except to the extent exceptions are stated, shall apply to each newly constructed community residential facility. In the case of renovation, it is the intent of the Board that only the part of the facility which is to be renovated is required to come into complete compliance with the applicable standards of this chapter.
002.01 General maintenance and upkeep of the facility or expenditures totaling less than $20,000 within a calendar year for minor renovation shall not invoke the application of these Standards for existing facilities. However, any such renovation, repair or maintenance of the physical structure, fixtures, equipment or furnishings should lead towards compliance with these Standards.
002.02 The Board and the Jail Standards Division retain the right to evaluate each new construction or renovation on an individual basis. The overall design and specifics will be worked out between the Jail Standards Division, local governing body, and the architect, subject to final approval by the Board.
002.03 Equivalencies. The specific requirements of this Chapter may be modified by the Jail Standards Board on an individual basis to allow alternative arrangements that would, in the Board's judgment, provide at least equivalent conditions in design and construction as would be afforded by compliance with the corresponding Standards contained in this Chapter.
002.03A When the equivalency of a Standard is desired for a specific project, the responsible governing body shall submit a written request to the Board stating the justification for the requested equivalency and documentation of how the proposed equivalency will provide conditions at least equivalent to the corresponding Standard.
002.03B The equivalency, if granted, shall apply only to the petitioner for the specific construction or renovation project cited.
003 Code Compliance. In addition to these Standards, all new construction and renovation shall comply with the building, safety and health codes of the local authority and the applicable requirements of the State Fire Marshal. Standards which exceed those of the local authority shall take precedence.
004 Notification. Prior to any renovation or development of new construction plans where the estimated aggregate cost of such renovation or construction exceeds $5,000, the governing body shall submit a letter of intent specifying the type of facility, whether the project involves new construction or renovation of an existing facility, and the anticipated construction period. Upon receipt of written notification, the Jail Standards Division will advise the governing body of the availability of its technical assistance resources and be available to review plans and make recommendations throughout the planning process.
005 Planning. The Jail Standards Division must receive reasonable advance notice of and be provided the opportunity to participate in any preliminary planning meetings among interested parties such as the facility administrator, governing body, and the consultant or architect.
005.01 Program Documentation. The development of program documentation for the purpose of providing the basis upon which architectural plans are drawn is required for all new construction projects. The Jail Standards Division may require program documentation for major renovation projects. When required, program documentation shall be developed by the facility administrator and consultant or architect and should include the following:
005.01A Type of facility to be constructed or renovated;
005.01B Written statement of the problems which require facility renovation or construction;
005.01C Description of the anticipated inmate population including the classifications to be housed and the security levels to be provided;
005.01D Number of beds to be provided for each of the primary classifications and the total capacity;
005.01E Description of all functions, basic policies and supporting data for:
005.01E1 Reception and discharge;
005.01E2 Inmate housing;
005.01E3 Visiting and confidential interview;
005.01E4 Food service;
005.01E5 Laundry, housekeeping and storage areas;
005.01E6 Medical and mental health services;
005.01E7 Indoor and outdoor recreation;
005.01E8 Programs;
005.01E9 Administrative, public and staff areas;
005.01E10 Inmate movement within the facility;
005.01E11 Methods of entry and exit from the facility;
005.01E12 Staff communications;
005.01E13 Security and surveillance systems.
005.01F Description of the type, number, size and relationship of all renovated or newly constructed spaces;
005.01G Staffing plan which includes, at a minimum, a description of all job titles and functions, breakdown of projected staffing requirements by shift and total projected number of staff;
005.01H Initial construction cost estimate and estimated annual operating costs;
005.01I Site plan. The program statement shall be submitted to the Jail Standards Division for review and comment prior to the development of any schematic architectural plans.
005.02 Submission of Architectural Design Documents. A copy of all architectural design documents shall be submitted to the Jail Standards Division for review and comment at the following times:
005.02A At completion of schematic drawings;
005.02B At approximately 60% completion of working drawings; and
005.02C At completion of working drawings and specifications. A copy of all plans and specifications shall be submitted to the Nebraska State Fire Marshal for review as prescribed by the agency's rules.
005.03 Letting of Contracts. Contracts shall not be let until approval of final documents as in compliance with these Standards is received by the governing body in writing from the Board. No addenda, change orders, or modifications which may affect compliance with these Standards shall be made to such final documents except upon approval of the Jail Standards Division.
005.04 Occupancy. Final inspection to determine compliance with the approved plans should be made by the Jail Standards Division prior to acceptance by the owner.
006 General Conditions. All newly constructed and renovated community residential facilities shall conform to the following general conditions:
006.01 Location. The facility’s location facilitates access to and the use of community based services, resources, and public transportation.
006.02 Artificial Light. Artificial lighting in all inmate living areas shall provide the capability of at least twenty (20) foot candles of light measured three feet above the floor. Artificial lighting in all work or study areas apart from inmate living areas shall provide the capability of at least fifty (50) foot candles measured three feet above the floor. Night lighting shall be provided which permits adequate visibility for supervision, but does not hinder restful sleep.
006.03 Natural Light. All inmate living areas shall provide visual access to natural light.
006.04 New Construction, Dormitories. There shall be windows in dormitories with a capacity of ten or less which provide visual access to at least ten (10) square feet of clear glazed area to the exterior. In dormitories with a capacity of more than ten, the amount of clear glazed area required shall be increased by at least five (5) square feet for every ten (10) additional beds or fraction thereof.
006.04A A combination of windows and skylights may be utilized to meet the quantitative requirements for windows in living areas.
006.05 Renovation. In all renovated facilities, all living areas shall provide visual access to natural light. If windows are replaced as part of the renovation project, natural light requirements for new construction shall be applied.
006.06 Acoustics. Sustained noise levels within inmate occupied areas shall not average higher than seventy (70) decibels. Long, hard and non-textured surfaces should be avoided to reduce reverberation of sound.
006.07 Heating and Cooling Systems. Heating and cooling systems shall provide a comfortable and healthful living and working environment with temperatures maintained between sixty-five (65) and eighty (80) degrees Fahrenheit.
006.08 Ventilation Systems. Ventilation systems shall insure circulation of fresh or purified air sufficient to draw off foul air or odors. A minimum of fifteen (15) cubic feet per minute interchange rate for each inmate is required for the facility's rated capacity.
006.09 Parking. Sufficient parking for visitors and official vehicles shall be provided on the site or through the availability of city street parking or public access parking lots located in the vicinity of the site.
006.10 Public Accommodations. A public lobby or waiting area shall be provided which includes sufficient seating, toilets and drinking fountains.
006.010A Public access to security and administrative work areas shall be restricted.
006.010B All public areas of the facility shall be accessible to persons with disabilities.
006.11 Administrative Areas. Sufficient space shall be provided for administrative and clerical personnel.
006.11A Locker space, toilets, showers, and dressing areas should be provided for facility employees.
006.11B An area should be provided for conference space and staff training.
006.12 Reception and Discharge Area. All facilities that directly admit and release inmates shall provide an area, adequate in size and properly equipped, to ensure the orderly and secure reception and discharge of inmates. It shall be located within the security perimeter away from the public, but apart from living and activity areas. It shall include the following components:
006.12A Weapons lockers located at the outside entrances to the security perimeter of the facility. Weapons lockers shall be equipped with individual compartments, each with an individual lock and key;
006.12B Shower/strip search areas. A private room shall be located in the reception area designated for showers, searches and clothing exchange.
006.12C Secure vault or storage space for inmate valuables. A storage space sufficient to accommodate large items of inmates' personal property separately and securely shall be provided;
006.12D Space for storage and issue of clothing and sundries such as linens, blankets, soaps, toilet paper, towels, toiletries, shoes and mattresses;
006.012E Telephone facilities;
006.13 Medical Service. All facilities shall provide space for routine medical examinations, emergency first-aid, emergency equipment storage, secure medicine storage and dispensing, and sharps storage and disposal.
006.14 Confidential Interview. All facilities shall provide a sufficient number of interview areas, but no less than one (1), to accommodate the projected demand of visits by attorneys, counselors, ministers, or probation and parole officers. Interview areas shall be sufficient in size to accommodate four (4) persons and be acoustically private to satisfy the needs of confidential interviews.
006.15 Food Service. In facilities where in-house food service is provided, the kitchen shall have adequate space available for food preparation, disposal, and clean-up to serve the facility at its rated capacity. It shall be properly equipped and have adequate storage space for the quantity of food prepared and served. Provisions shall be made for the secure storage of kitchen knives and other utensils.
006.16 Janitor's closet. All newly constructed facilities will provide at least one secure janitor's closet, a mop sink and sufficient space for secure storage of cleaning equipment. This area shall be located within the secure perimeter of the facility. A secure janitor's closet must be provided that is conveniently located.
006.17 Laundry. In all facilities where in-house laundry service is provided, there shall be sufficient space available for heavy-duty or commercial type washer(s), dryer(s), soiled clothing storage, clean laundry storage and laundry supply storage.
006.18 Staff Posts. In all facilities, there shall be one or more staff posts located in close proximity of inmate housing areas in order to respond promptly to emergencies.
006.18A At least one (1) staff post shall be provided on each floor of inmate housing.
006.18B Control Center. In all newly constructed facilities, one (1) staff post shall be a control center. The control center shall be designed to be secure from unauthorized access. Entrances to the security perimeter shall be controlled from the control center. The control center should be equipped with release switches to open all dormitory doors in the event of an emergency.
006.19 Electronic Surveillance and Communication Systems. The security area of all facilities should be equipped with an audio electronic surveillance and communication system designed to allow monitoring of activities and to allow inmates to communicate emergency needs to facility employees. Closed circuit television should primarily be used to verify identity of persons where direct vision is not possible. Closed circuit television shall not be used to monitor the interior of cell space and is not recommended for monitoring of dayroom or program space.
006.20 Emergency Power. All newly constructed or renovated facilities shall provide an emergency source of power to supply electricity for entrance lighting, exit signs, circulation corridors, fire alarm, electrically operated locks and emergency ventilation equipment.
006.21 Shower Facilities. Each housing unit shall provide access to at least one (1) shower for each twelve (12) inmates or fraction thereof. Showers shall provide hot and cold or tempered running water.
006.22 Inmate Privacy. Inmates' rights to privacy from unauthorized or degrading observation shall be protected without compromising the security and control of the facility. Privacy screening for all toilet and shower areas which still allows adequate supervision of inmates in those areas should be incorporated into the design.
006.23 Paint. Light, soft-toned washable paint shall be predominantly used for untiled walls and metalwork in the facility. Bright or dark toned accent walls or features are encouraged.
006.24 Hardware. All locks and security hardware shall have the proper security value for the areas in which they are used. The use of padlocks in the place of a security lock on any door or window is prohibited.
007 Community Residential Facilities. In addition to the general conditions, all newly constructed or renovated community residential facilities shall conform to the following requirements:
007.01 Dormitories Dormitory units shall provide a minimum of seventy (70) square feet of floor space per inmate including both sleeping and dayroom areas and shall be equipped with at least one (1) toilet and one (1) wash basin with hot and cold running water for each eight (8) inmates or fraction thereof, one (1) shower, drinking fountain, and mirror for each twelve (12) inmates or fraction thereof, and one (1) bunk for each inmate at rated capacity, and sufficient tables and seating for all inmates at rated capacity.
007.01A Dormitory units shall be designed to hold no more than forty-eight (48) inmates.
007.01B Dormitory units should provide individual partitioned sleeping areas for inmates utilizing partial height screen walls or similar means to accommodate a moderate amount of privacy.
007.02 Program and Indoor Exercise Areas. Adequate space shall be provided for programs, exercise, and recreation for inmates in all community residential facilities. At least one (1) multiple purpose room located near the inmate's housing unit is required. The space available shall be sufficient to accommodate the projected facility capacity, exercise and program offerings, the maximum number of users at any one time, and the requirements of Chapter 7.
007.03 Visitation Areas. Adequate visiting space shall be provided to accommodate the demand created by the projected number of visitors, visiting schedule, and the requirements of Chapter 8-003.02 These areas may provide for contact visitation.
007.04 Outdoor Exercise Areas. Sufficient outdoor exercise space shall be provided to accommodate the projected facility capacity, the exercise functions for which the space will be utilized, the maximum number of users at any one time and the requirement of Chapter 7, paragraph 003. At least one exercise area of not less than 600 sq. ft. shall be provided.
History
- Effective 2012-04-02
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