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EXECUTIVE SUMMARY
The Juvenile Justice Subcommittee of the State Advisory Council on Juvenile Justice is charged with developing a balanced juvenile justice system within Wyoming, which promotes community protection, fair and appropriate placement, accountability and competency development for juvenile offenders.
Currently, a juvenile detention facility under the management of local or county government is exempt from state certification. However, it should be noted that although Wyoming has standards for certification for juvenile detention, the certification statute (W.S. 14-4-102)(b)(vi) does not apply to "foster homes supervised by the state, any local government, school district or agency or political subdivision thereof."
The Juvenile Detention Center in Casper is a private agency and therefore subject to annual certification by DFS (pursuant to W.S. 14-4-102). The Detention Center is also in compliance with guidelines established by the Federal Bureau of Prisons. This is the only facility of its type certified by the state
In the past, Wyoming facilities had been unable to fully meet Department of Justice Standards. According to an inventory done by the Juvenile Justice Subcommittee, most Wyoming facilities that detain juveniles are now sight and sound compliant. However, some of the ACA Standards for Small Juvenile Detention Facilities continue to be unreasonable for Wyoming's small facilities and county jails. Other states, particularly Nebraska and North Dakota, have made modifications for small facilities in the areas of separate facilities, dedicated personnel and recordkeeping that also make sense for our state.
The summary of the proposed Juvenile Justice Standards that follows outlines definitions for juvenile detention and incarceration, and specific standards for the eight areas of juvenile detention support necessary within a balanced juvenile justice system. The Standards are based on American Correctional Association (ACA) standards, juvenile detention standards adopted by the states of North Dakota and Nebraska, and additional research material on juvenile detention in rural settings. The Juvenile Justice Subcommittee believes that these proposed Standards provide a critical component of our mission to develop a balanced juvenile justice system within Wyoming.
I. DEFINITIONS
Staff Definition: For the purpose of these standards, staff means "anyone who is providing a service named or specifically mentioned in the detention standards and authorized to have direct contact with juveniles while providing those services."
Pre-adjudicatory and post-adjudicatory juvenile detention: The Standards define the differences between pre-adjudicatory juvenile detention and post-adjudicatory juvenile incar- ceration and include components along a continuum of care from summons and citation through aftercare.
Support Services: The definitions also outline mandatory access to certain support services that include, at a minimum, visitation, communication, supervision, medical, emergency and mental health services and nutrition. Should detention or incarceration exceed seven (7) days, the Standards require that education, counseling, recreation, clinical observation and assessments must be added to complement the other services.
II. SIGHT AND SOUND SEPARATION
The Standards represent separation of juveniles from adult inmates as the minimum standard for safe jail policy. Juveniles placed in facilities where they may have physical contact with adult inmates are frequently the victims of physical, mental, sexual and emotional abuse. Contact that allows oral communication exposes juveniles to adult criminal behavior.
The Standards require written policy and procedure to ensure that juveniles will not be detained or confined where they could have contact with incarcerated adults.
III. COMMUNICATION AND VISITATION
A juvenile has the right of reasonable, communication with family and friends in the form of mail, telephone and visitation. The rehabilitative nature of juvenile justice requires that juveniles placed in secure detention must have adequate opportunity to meet and confidentially communicate with family, attorneys, probation officers, counselors, caseworkers and the clergy. Each juvenile must be made aware of the right to visitation and communication as soon as he enters the facility. Visitation and communication rules must be prominently posted in a conspicuous place.
The Standards require that each facility have a written policy and procedure to govern both privileged and non-privileged communication, including confidential communication by mail, telephone or on site. Visitation must be allowed on an established schedule for at least two (2) days each week, one of which shall be during the weekend, for a minimum of 30 minutes per visit. Visits are to occur in a secure and suitable area which allows conversation and sightcontact. In addition to regularly scheduled hours for visitation, confidential visits with attorneys, probation officers, counselors, caseworkers, and the clergy shall be permitted as often as needed, at reasonable hours.
IV. SUPERVISION
The personal observation and supervision of juveniles when they are being housed in a detention facility is critical to their safety and well-being.
The Standards require a written policy and procedure to govern supervision and observation of male and female juveniles on a 24-hour basis by a minimum of two employees, with an overall juvenile to staff ratio of eight to one during awake hours and sixteen to one during sleeping hours.
V. MEDICAL, EMERGENCY AND MENTAL HEALTH
Medical, emergency and mental health are critical areas in the care of juveniles. The Standards provide for written policy and procedure for comprehensive medical and mental health care by qualified medical personnel. Included are access to pharmaceuticals and dental needs, mental health services, suicide prevention and intervention, emergency and first aid, and addressing of substance abuse issues. The Standards require intake/admission screening and identification of current illness and health problems; mental health; disposition to general population; screening for illegal drugs and alcohol, and identification, screening and supervision for suicide potential.
VI. NUTRITION/FOOD SERVICE
The Juvenile Justice Committee recognized that Food Service was one area where modifications to the ACA Standards for Small Juvenile Detention Facilities requirements for separate facilities, dedicated personnel and recordkeeping might make sense for Wyoming's small facilities and county jails.
The Standards maintain the basic principle that meals should be nutritionally balanced, well-planned, prepared and served in a manner that meets established governmental health and safety codes, without adding an overly burdensome level of bureaucracy to small Wyoming detention facilities and jails.
VII. EDUCATION
Education for all juveniles is a value we support as a community, state and society. Developing educational program standards for juveniles who are incarcerated in secure detention will open the channels of communication between public schools and detention facilities and encourage stronger ties to public school programs and funding. Educational programs for juveniles who are incarcerated will promote their academic and social competence and ensure they reenter their communities better prepared to assume roles as students, workers and citizens.
The Standards require that juvenile detention facilities which detain juveniles more than seven (7) days must provide adequate and secure space for conducting educational programs with certified teachers and curriculum for a minimum of three (3) hours per weekday. A written procedure will govern the facility's academic and vocational education programs, including program accreditation, staff certification and coordination with other educational programs and services in the community.
VIII. COUNSELING
Juveniles placed in secure detention facilities for longer than seven (7) days need help with personal problems and adjustment to the facility. In some cases, juveniles placed in secure detention are highly disturbed.
The Standards require written policy, procedure and practice for a social service program. The program will provide juveniles with a range of services based on the juvenile's individual needs. Available services may include individual, group and family counseling; drug and alcohol addiction and special offender problems; family planning; parent education; mental health, psychiatric and crisis intervention.
IX. RECREATION & ACTIVITIES
A variety of leisure and physical fitness activities are critical to the well-being and health of juveniles. Outdoor activities for at least one hour per day, with a variety of equipment, must be included. Structured leisure time should encourage play and creative activity; time spent watching television cannot be included as a part of leisure activities.
The Standards require that juvenile detention facilities which detain more than seven (7) days must provide a recreational program that includes both active indoor and outdoor exercise and structured leisure time activities, in a designated space. Recreation shall be supervised and organized by a staff person trained in recreation or a related field.
I. DEFINITIONS
The Juvenile Justice Committee defined "juvenile detention" to include components along a continuum of care from summons and citation through aftercare. The Continuum of Care outline is included in the Appendix. The definitions also outlines mandatory access to certain specific minimum and complementary support services for those juveniles who are detained. For the purpose of these standards, the following definition for staff will be used.
STAFF DEFINITION:
For the purpose of these standards, staff means "anyone who is providing a service named or specifically mentioned in the detention standards and authorized to have direct contact with juveniles while providing those services."
PRE-ADJUDICATORY JUVENILE DETENTION:
Juvenile detention is the temporary custody of juveniles who are accused of conduct subject to the jurisdiction of the court who require a restricted environment for their own or the community's protection while pending legal action.
Juvenile detention provides a continuum of care that should include, but is not limited to the following: police disposition, 24-hour intake, runaway programs, host homes, home detention, emergency shelter, crisis care, holdover, attendant care, staff secure facilities, group home, and secure detention.
Juveniles in pre-adjudicatory secure detention must have been charged with a delinquent or criminal offense that meets the objective criteria for secure placement, or the juvenile has been charged with a delinquent or criminal offense and the juvenile meets the criteria for secure placement.
POST-ADJUDICATORY JUVENILE INCARCERATION:
Juvenile incarceration is secure custody of juveniles who have been sentenced by a court of competent jurisdiction.
The continuum of post-adjudicatory juvenile incarceration includes but is not limited to the following: state institutions, secure correctional facilities, city/county/regional detention facilities and jails.
POST-ADJUDICATORY SENTENCING OPTIONS:
Continuum of care may include, but is not limited to probation, alternative sentencing options, community services, group homes, specialized residential treatment.
DETENTION/INCARCERATION STANDARDS FOR SUPPORT SERVICES:
All juveniles in pre-adjudicatory secure detention or post-adjudicatory incarceration shall have access to services that shall minimally include: visitation, communication, supervision, medical, emergency and mental health services, nutrition. When detention or incarceration exceed seven (7) days, the following shall be provided or made available: education, counseling, recreation, clinical observation and assessments that complement the other services.
II. SIGHT AND SOUND SEPARATION
Each facility shall have a written policy and procedure to ensure that any juvenile alleged to be or found to be delinquent or a status offender shall not be detained or confined where they could have contact with incarcerated adults. Contact includes any physical or sustained sight or sound contact between juvenile offenders in a secure custody status and incarcerated adults, including inmate trustees.
Separation of juveniles from adult inmates represents the minimum standard for safe jail policy. It also allows for the immediate mobilization of effective, appropriate services for juveniles, focusing attention on their diversion to the necessary community resources.
Secure custody status: When a juvenile is physically detained or confined in a locked room or area. Secure detention or confinement may result either from being placed in such a room or area and/or being physically secured to a cuffing rail or other stationary object. Separation must be accomplished architecturally or through policies and procedures in all secured areas.
PRINCIPLE 1: SIGHT SEPARATION
1. Sight contact: When a juvenile has clear visual contact with an incarcerated adult within close proximity.
2. Juveniles placed in adult facilities where they have contact with adult prisoners are frequently the victims of physical, mental, sexual and emotional abuse.
PRINCIPLE 2: SOUND SEPARATION
1. Sound contact: When a juvenile can have direct oral communication with an incarcerated adult.
2. Juveniles in contact with adult prisoners are exposed to the tools and training necessary to engage in criminal behavior.
III. COMMUNICATION AND VISITATION
Each facility shall have a written policy and procedure to govern communication and visitation involving the juvenile, which written policy and procedure shall be provided to the juvenile when he enters the facility and shall, in addition, be posted in a conspicuous place in the facility.
PRINCIPLE 1: PRIVILEGED COMMUNICATION
Juveniles have the right of access to and reasonable communication with licensed attorneys and judges and clerks of federal, state and local courts.
1. Juveniles have the right to present issues to and seek judicial relief from the court without reprisal or penalty.
2. Juveniles have the right to access and assistance in making and receiving confidential communication with licensed attorneys and their authorized representatives, which communication should include private and confidential visits during normal facility hours, telephone communication, written correspondence and after-hours visits which are deemed necessary because of special circumstances.
3. The following rules apply to privileged communication:
a. A juvenile shall be allowed to make a reasonable number of telephone calls to his attorney at reasonable times.
b. A juvenile shall be permitted to return the call of an attorney at a reasonable time and the telephone number of the attorney shall be obtained when the call is received.
c. A juvenile shall be permitted to send mail to and receive mail from his attorney and the court.
d. Outgoing correspondence initiated by an indigent juvenile to his attorney or the court shall be mailed without charge to the juvenile. This applies to first class postage only and does not include registered, certified or insured mail.
e. Indigent juveniles shall be provided with free envelopes and writing materials for the mailing and drafting of legal documents.
f. Communication by the juvenile with legal counsel and the court shall be private as long as it poses no threat to the safety and security of the facility, public officials or the general public, and is not being used in the furtherance of illegal activities. In the event inspection of mail is deemed necessary, it shall be opened and examined for contraband in the presence of the juvenile, but in no event may it be read or censored.
PRINCIPLE 2: NON-PRIVILEGED COMMUNICATION
Juveniles have the right of reasonable communication in the form of mail, telephone, and visitation of a non-privileged nature with family, friends, etc.
The following rules shall apply to non-privileged communication:
b. When the juvenile bears the mailing cost, there is no limit on the number of letters he can send or receive.
c. An indigent juvenile shall be provided with sufficient envelopes, writing materials and postage to send a reasonable number of letters per month.
d. Correspondence shall be uncensored as long as it poses no threat to the safety and security of the facility, public officials or the general public and is not being used in the furtherance of illegal activities.
f. When mail is censored or rejected, the juvenile or sender shall be notified of the reasons for the action and provided with an opportunity to appeal that decision.
g. Inspection, when deemed necessary, shall be completed within 24 hours for letters and within 48 hours for packages.
h. All first class letters and packages shall be forwarded to juveniles who are transferred to another facility or released, provided that a forwarding address is available. If a forwarding address is not available, first class letters and packages shall be returned to the sender.
a. Juveniles shall have reasonable access to make telephone calls. The hours of telephone availability, the number of calls allowed and the duration of each call should be specified by the facility.
b. Telephone facilities should allow for a reasonable amount of privacy.
c. All long distance calls should be made collect.
3. Visitation
a. The facility shall establish a visitation schedule for no less than two (2) days each week, one of which shall be during the weekend. Each juvenile, except those restricted as a result of disciplinary action, shall have the opportunity for visitation at least two (2) hours of each week in two or more visits, each of which shall be no less than 30 minutes in duration with special consideration given to persons who travel over 200 miles to visit a juvenile.
b. Rules concerning the number of visitors, the duration of each visitation and the necessary surveillance shall be consistent with the facility's security requirements and the security risk of each juvenile. This information may be accessed by attorney and/or court.
c. Persons under the age of 18, when accompanied by a parent or legal guardian, may be permitted to visit the juvenile.
d. Each visitor shall be required to register his name, address, and relation to the juvenile on entry and shall be subject to a search of his person and belongings.
e. Visitation restrictions may be imposed in case of a substantiated security risk or in the event the visitor or juvenile refuses to comply with the visitation rules of the facility. A visitor may be excluded if the visitor has a past history of disruptive conduct at the facility, if the visitor appears to be under the influence of alcohol or drugs or if the visitor represents a reasonable danger to the juvenile or the facility.
f. The juvenile may refuse visitation.
IV. SUPERVISION
Each facility must have a written policy and procedure to govern supervision involving the juvenile. Written policy and procedure shall be provided to the juvenile when he enters the facility and shall, in addition, be posted in a conspicuous place in the facility.
PRINCIPLE 1: STAFFING
The facility shall be staffed by facility employees awake and on duty on a twenty-four (24) hour basis when juveniles are being housed.
1. Minimum Coverage. There shall be a minimum of two facility employees on duty at all times in the facility who are responsible for direct supervision of juveniles being detained. There is an overall ratio of one (1) staff to eight (8) juveniles during waking hours and one (1) staff to sixteen (16) juveniles during sleeping hours.
a. When female juveniles are housed in the facility, at least one employee (on duty) shall be a female.
b. When male juveniles are housed in the facility, at least one employee (on duty) shall be a male.
2. The facility shall have staff located in or adjacent to juvenile housing and activity areas to permit facility employees to hear and respond promptly to problems or emergency situations.
PRINCIPLE 2: PERSONAL OBSERVATION
1. Except when juveniles are involved in an activity where staff are present, facility employees shall observe all juveniles at least every thirty (30) minutes on an irregular schedule. The times of all such checks shall be logged.
a. More frequent checks should be made of juveniles who are violent, suicidal, mentally ill, intoxicated, experiencing drug withdrawal, or who have other special problems or needs warranting closer observation.
PRINCIPLE 3: CROSS GENDER SUPERVISION
1. Policies governing supervision of female juveniles by male employees and male juveniles by female employees shall be based on equal employment opportunity, privacy needs, and legal standards.
a. Except in emergencies, facility employees should not observe juveniles of the opposite sex in toilet and shower areas. Reasonable accommodation of privacy needs shall be observed.
PRINCIPLE 4: HEAD COUNT
The facility shall have a system to physically count juveniles.
1. At least three documented counts, during which the juveniles' physical presence is confirmed, shall be conducted every twenty-four (24) hours.
a. During each shift, there shall be not less than four (4) hours between each count. At least one (1) count shall be conducted each shift and there shall be at least four (4) hours between each count.
2. The system shall also provide strict accountability of juveniles on work release, educational release, or other temporary leave status, who may be absent from the facility for certain periods of the day.
PRINCIPLE 5: ELECTRONIC SURVEILLANCE
Electronic surveillance shall not be used in place of the personal observation of juveniles outlined in Principle #2.
1. Visual electronic surveillance equipment, where available, shall be used primarily to monitor hallways, stairwells, points of access through the security perimeter and common areas.
2. If juvenile living areas are visually monitored with electronic equipment, provisions shall be made to shield shower and toilet areas to protect privacy needs.
V. MEDICAL, EMERGENCY, AND MENTAL HEALTH
This area addresses needs in medical care, personnel administering medical needs, access to mental health services, pharmaceuticals, dental needs, suicide prevention and intervention and substance abuse issues. These are obviously critical areas to address when caring for incarcerated juveniles. The proposed standards were derived from a review of standards for rural settings. These included the American Correctional Association Standards for Small Juvenile Detention Standards, and detention standards for the states of North Dakota and Nebraska.
PRINCIPLE 1: HEALTH CARE SERVICES
The facility provides comprehensive health care services by qualified personnel to protect the health and well-being of juveniles.
1. Health Authority: The facility shall have a written agreement or contract with a physician or other health authority such as a hospital or clinic to provide health care services.
a. If the health authority is other than a physician, final medical judgments shall rest with a single designated responsible physician licensed in the state. The health care administrator shall be responsible for health care administration and development of health care policies and procedures.
2. Medical Judgments: Except for regulations necessary to ensure the safety and order of the facility, all matters of medical, mental health, and dental judgment shall be the sole province of the responsible clinicians.
PRINCIPLE 2: PERSONNEL
All state licensing, certification, and/or registration requirements and restrictions shall apply to medical personnel. Copies of current credentials for each medical employee shall be kept on file.
1. Job Descriptions. The facility shall have written job descriptions for all medical personnel which define their respective roles in the facility's health care system.
2. Staffing. A licensed physician, physician’s assistant, advanced pracitioner of nursing or registered nurse must be available on-call on a 24 hour basis. Physician’s assistants and nurse practitioners may practice, within the limits of state law provided their use is approved by the facility physician. Provisions made to notify a licensed physician or registered nurse on duty at a hospital are sufficient. Facilities in communities without a licensed physician or nurse must have arrangements made to provide health care to a juvenile on the same basis as any resident of the community. That is, the juvenile must be transported to an appropriate health care facility or a licensed physician or nurse must be brought to the facility.
3. Health-Trained Staff Member. When facilities do not have a full-time, qualified, health-trained personnel, a health-trained staff member may coordinate the services in the facility under the joint supervision of the responsible health authority and facility administrator.
PRINCIPLE 3: UNIMPEDED ACCESS TO CARE
The facility shall provide for unimpeded access to health care and for a system for processing complaints regarding health care. Policies shall detail this procedure and these policies shall be communicated orally and in writing to juveniles on arrival in the facility.
1. Complaints. Juveniles' medical complaints are monitored and responded to daily by medically trained personnel.
PRINCIPLE 4: SUICIDE PREVENTION AND INTERVENTION
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 responsibility for juvenile supervision are trained in the implementation of the program. The program includes specific procedures for intake/admission screening, identification, and supervision of suicide-prone juveniles.
PRINCIPLE 5: MENTAL HEALTH SERVICES
1. Access. The facility shall have a policy and procedure for the provision of mental health services for juveniles. These services include but aren't limited to those provided by qualified mental health professionals who meet the license/certification criteria for their respective discipline (e.g., psychiatric nursing, psychiatry, psychology, and social work).
PRINCIPLE 6: ADMINISTRATION OF TREATMENT
1. Health Care Facilities. The space, equipment, supplies, and materials necessary for those services provided at the facility shall be available.
2. First-Aid Supplies. First-aid supplies shall be available in the facility at all times. The facility physician shall determine strategic locations for first-aid supplies and shall specify their contents. The facility administrator shall establish a procedure for the monthly inspection and maintenance of the supplies.
3. Medical Screening. Medical screening shall be performed on all juveniles upon admission to the facility. The findings shall be recorded on a printed form approved by the facility physician. The medical screening shall include, at a minimum, the following:
a. Inquiry into:
(1) Current illness and health problems, including dental problems, sexually transmitted diseases and other infectious diseases;
(2) Medication taken and special health requirements;
(3) Use of alcohol or drugs, which includes types, methods, date or time of last use, and a history of problems that may have occurred after ceasing use;
(4) Past or present treatment or hospitalization for mental disturbance or suicidal behavior;
(5) Mental illness; and
(6) Other health problems designated by the facility physician.
b. Observation of:
(1) Behavior, including state of consciousness, mental status, appearance, conduct, tremor, or sweating; and
(2) Body deformities, physical injuries, trauma markings, bruises, jaundice, rashes, evidence of body vermin, ease of movement, etc.
c. Disposition to:
(1) General population;
(2) General population and referral to appropriate health care services; or
(3) Immediate referral to health care services.
PRINCIPLE 7: REQUESTS FOR TREATMENT
Juveniles' requests for medical treatment shall be collected daily. Requests for treatment shall be reviewed by medical professionals or the designated trained employee to determine appropriate disposition or referred directly to the facility physician.
PRINCIPLE 8: ORDERS, DIRECT/STANDING
All treatment provided by medical personnel other than physicians and dentists shall be performed pursuant to standing or direct orders. Physician's assistants and nurse practitioners may practice within the limits of state law, provided such practice their use is approved by the facility physician.
PRINCIPLE 9: MEDICAL ISOLATION
Juveniles suspected of having contagious or infectious diseases shall be immediately temporarily isolated from other juveniles and shall be examined by a physician promptly. In such cases where removal to a hospital is not ordered, the physician's instructions regarding care of the patient and sanitizing of eating utensils, clothing, and bedding shall be carefully followed.
PRINCIPLE 10: DENTAL SERVICES
Reasonable dental care shall be available and provided to juveniles when the health of the juvenile during the confinement would otherwise be adversely affected.
PRINCIPLE 11: DETOXIFICATION
Arrangements shall be made for providing detoxification programs under medical supervision of alcohol and drug-dependent juveniles with the facility or through transfer to other facilities. Within 12 hours of arrival, juveniles will be screened for a minimum of three (3) illegal drugs and alcohol.
PRINCIPLE 12: INFORMED CONSENT
All examinations, treatments, and procedures affected by informed consent requirements shall be observed for juveniles' care.
PRINCIPLE 13: EMERGENCY MEDICAL SERVICES
Emergency medical and dental care shall be available at all times. Written plans for emergency services shall include arrangements for the following:
1. Emergency evacuation of juveniles from the facility;
2. Use of an emergency vehicle;
3. Use of one or more hospital emergency rooms or other appropriate health care facility; and
4. Emergency on-call physician and dental services when the emergency health care facility is not located nearby.
5. The caseworker staff and other personnel are trained to respond to health-related
situations within a four (4) minute response time. A training program is established that
includes the following:
a. Recognition of signs and symptoms and knowledge of action required in potential emergency situations;
b. Administration of first-aid and cardiopulmonary resuscitation (C.P.R.)
c. Signs and symptoms of mental illness, retardation, and chemical dependency.
PRINCIPLE 14: NOTIFICATION, DESIGNATED PERSON
The facility shall have a procedure for the notification of those individuals so designated by the juvenile in the case of serious illness, injury, or death.
1. Notification, Coroner. In the event of a juvenile's death, the coroner, prosecuting attorney, and appropriate law enforcement agency shall be notified immediately.
2. Medical Personnel, Access to Confinement Records. The facility physician and medical personnel shall have access to information in the juvenile's confinement records, when needed.
3. Facility Employees, When Informed on Juvenile's Medical Condition. Facility employees shall be apprised of the juvenile's medical conditions when they have a need to know to ensure the safety and well-being of the juvenile or others.
PRINCIPLE 15: MANAGEMENT OF PHARMACEUTICALS
Written procedures shall be established to provide for the proper management of pharmaceuticals.
1. All prescription medicines kept at the facility shall be securely stored.
2. All prescriptions shall be labeled with the prescription number, type of medication, prescribed dosage, time to be administered, date of prescription, juvenile's name, and the name of the prescribing physician. A copy of each prescription shall be placed in the juvenile's medical file.
3. All prescriptions shall be administered in the prescribed dosage at the prescribed time by the facility physician, medical personnel, or a designated facility employee who has received appropriate training in the administration or distribution of medications in a secure environment.
4. The administration of medication shall be recorded in the manner and on a form approved by the facility administrator.
5. Psychotropic medications are prescribed only when clinically indicated as one facet of therapy.
VI. NUTRITION/FOOD SERVICES
Food Service standards are included as an integral component in national and other state standards. The Juvenile Justice Committee recognized that some of the ACA Standards for Small Juvenile Detention Facilities were not feasible for Wyoming's small facilities and county jails. Other states, particularly Nebraska and North Dakota have made modifications for small facilities in the areas of separate facilities, dedicated personnel and recordkeeping that also make senses for our state. We believe that the Nutrition/Food Service standards that follow maintain the basic principle that meals should be nutritionally balanced, well-planned and prepared and served in a manner that meets established governmental health and safety codes, without adding an overly burdensome level of bureaucracy to small Wyoming detention facilities and jails.
PRINCIPLE 1: NUTRITION
Meals must be nutritionally balanced, well-planned, and prepared and served in a manner that meets established governmental health and safety regulations.
1. Food service is supervised by a designated employee who has experience and/or training in menus, food preparation and health and safety codes in order to provide three (3) meals a day that are nutritionally adequate, palatable, and attractive, and that are produced under sanitary conditions at reasonable cost.
2. Accurate records that include published menus, information on waste, food costs and nutritional accounting are maintained of all meals served to juveniles, employees, guests and visitors.
3. There is written documentation that a system of dietary allowances that provides for a nutritionally adequate diet, as adjusted for age, sex and activity, is reviewed at least annually by a registered dietitian, nutritionist or physician.
PRINCIPLE 2: MENU PLANNING
Advanced, planned menus and meal preparation must take into consideration food flavor, texture, temperature, appearance and palatability.
1. All menus, including special diets, must be planned, dated and available for review. Substitutions in menu must be documented and must be nutritionally equal.
2. All juveniles and staff, except those on special diets, should eat the same meals.
3. Therapeutic diets that conform as closely as possible to the foods served to other juveniles should be available upon medical or dental authorization.
4. Food, including snacks, should not be withheld, nor the standard menu varied, as a disciplinary sanction.
5. Religious diets that conform as closely as possible to the foods served to other juveniles should be available upon authorization of the chaplain.
PRINCIPLE 3: MEAL SERVICE
Meal service shall be an orderly experience.
2. At least 3 meals will be served, 1 hot, at regular meal times each 24 hour period with no more than 14 hours between the evening meal and breakfast. If snacks are served, there may be 16 hours between the evening meal and breakfast. Provided nutritional needs are met, variations in the menu may be allowed for those on work release and for weekend and holiday demands.
PRINCIPLE 4: HEALTH AND SAFETY REGULATIONS
To provide adequate health protection for all juveniles and staff, food service facilities, equipment and personnel shall comply with the applicable federal, state and local sanitation and health regulations.
1. Food service personnel should be monitored daily for good health and freedom from communicable disease and open infected wounds; should have clean hands and fingernails; and should employ hygienic food handling techniques that include hand washing upon reporting for work and after using toilet facilities. Juveniles who may be assigned to assist in preparation, serving and cleanup should also be monitored daily for health and cleanliness.
a. Food service areas, including dining and food preparation areas, should be inspected weekly by administrative or dietary personnel.
b. The agency that inspects local restaurants shall inspect the food service annually. This inspection report must be kept on file.
2. If food is prepared inside, written policy and procedure must provide for weekly inspections by administration, medical or dietary staff of all food service areas and equipment for sanitary conditions.
3. If food is prepared outside, written guarantees of compliance with all applicable health, safety and sanitation laws and regulations shall be documented.
4. All food brought into the facility shall be stored under proper sanitary, temperature-controlled conditions.
VII. COMPREHENSIVE EDUCATION PROGRAM
PRINCIPLE 1: COMPREHENSIVE
EDUCATION
IN JUVENILE DETENTION
Juvenile detention centers authorized to detain juveniles after seven (7) days must provide adequate and secure space for conducting educational programs for juveniles which must be equally available to all classification of juveniles.
Educational program shall be available at a minimum of three hours per day with teacher contact during the days the juvenile is detained except where there is substantial justification for restricting a juvenile's participation and for weekends, holidays and vacations. The exercise and recreation program shall not be considered in determining the minimum requirement for the educational program.
Educational opportunities shall be available to all juveniles A written body of procedure governs the facility's academic and vocational education educationfor juveniles, including program accreditation, staff certification and coordination with other facility programs and servicesas well as in the community.
1. Educational programs shall be designed to assist juveniles in keeping up with their studies and shall include contact and coordination with their home schools.
2. Educational programs shall include provisions for juveniles not otherwise enrolled in school to work on preparing for GED or to work in credit courses or classes recognized by the Wyoming State Department of Education or local school district.
3. Educational programs should include life skills and vocational training activities designed to improve juveniles' employment and independent living capabilities.
4. Juveniles may participate in educational release programs authorized by the court having jurisdiction.
5. The facility shall utilize certified teachers and curriculum in the delivery of education services to juveniles. Copies of current credentials for each teacher shall be kept on file at the facility of by the contracting entity.
6. An adequate number of educational personnel shall be available to provide identified educational programming. Teachers, paraprofessionals and tutors may be included as paid personnel. Volunteers are encouraged.
7. Juveniles should be counseled regarding the importance of education and continuing their school attendance or re-enrolling in school upon discharge.
8. Arrangements may be made for juveniles to enroll in higher education courses if the juveniles will be in the facility long enough to benefit.
9. Coeducational programs may be utilized in juvenile detention centers if adequate supervision is maintained.
PRINCIPLE II: EDUCATION
STAFF SHOULD DETERMINE THE NEED
FOR AND PROVIDE REMEDIAL EDUCATION SERVICES.
Educational programs shall include provisions for remediation and shall include special education services or referral to appropriate educational authorities for those in need.
PRINCIPLE III: THE EDUCATIONAL
PROGRAM IS SUPPORTED BY
SPECIALIZED EQUIPEMENT THAT MEETS MINIMUM
STATE EDUCATION STANDARDS
The educational program shall be supported by sufficient equipment and education materials that meet state education standards. Adequate program room or space shall be made available during the facility school hours.
COMPREHENSIVE EDUCATIONAL PROGRAM IN JUVENILE DETENTION NARRATIVE
The Juvenile Justice Committee of the Governor's Juvenile Justice Advisory Council has taken on the task of developing standards for the secure detention of juveniles. As we are all aware educational success is correlated in a positive sense with youth who do not have contact or have limited contact with the juvenile justice system and adult corrections. The contrary is also true. Census of inmate populations in adult facilities reveals an over representation of educational failure.The philosophy of dealing with youthful offenders is one of working in their "best interest" and of rehabilitation. Juvenile detention and incarceration are part of a "process" of working with juvenile offenders and can provide a necessary and beneficial step towards their rehabilitation. In developing educational program standards for juveniles who are incarcerated we are acknowledging that education for all juveniles is a value we support as a community, state, and society. We would be derelict if we did not seize the opportunity to provide this programming.
There are reasons to assist in providing educational opportunities to all youth beyond our own self-interest as citizens of a community. Although nearly all States have compulsory education laws and provide educational services through local school districts, Congress recognized the special needs of students with disabilities when it passed the Individuals With Disabilities Education Act (IDEA) in 1975. IDEA mandates that all eligible students receive a free and appropriate education in the least restrictive setting possible. Once a youth has been identified as eligible for special education and related services, an Individualized Education Program (IEP) must be developed before services commence. These services may include individual tutoring, counseling, and any other educational assistance needed by the student. (1)
Certainly not all incarcerated youth fall within the definition of IDEA and require an IEP. However, completed studies have estimated that the percentage of detained and incarcerated youth with disabilities ranges from 42% of all juvenile offenders in Arizona to 60% of all juvenile offenders in Florida and Maine. (2) Casey and Kellitz conducted a meta-analysis of all of the predominant studies of disabled juvenile offenders. They estimated that 35.6% of juvenile offenders have learning disabilities and an additional 12.6% have mental retardation. (3) We do know the following:
Many states have been slow to provide special education services to incarcerated youth with disabilities and to extend procedural rights required by law. By developing educational standards for juveniles who are incarcerated in secure detention we will open the channels of communication between public schools and detention facilities and encourage stronger ties to public school programs. This is a first step in providing appropriate educational services in facilities where juveniles are detained. Educational programs for juveniles who are incarcerated will promote the academic and social competence of their students and ensure that they re-enter their communities better prepared to assume roles as students, workers, and citizens.
VIII. COUNSELING
This area provides counseling to help juveniles with their personal problems and with their adjustment to the facility. Such services may include, but are not limited to the individual, family counseling, family planning, parent education, and programs for juveniles with drug and alcohol addiction problems. The proposed standards were derived from a review of standards for rural settings. This includes the American Correctional Association Standards for Small Juvenile Detention Standards, and detention standards for the states of North Dakota and Nebraska.
PRINCIPLE 1: SCOPE OF SERVICE
1. Written policy, procedure, and practice provide a social service program as a resource for juveniles. Considering the juvenile's need, a range of service would be available to address individual, group, and family counseling. Other programs may address drug and alcohol treatment and special offender treatment.
a. Social services can assist juveniles with family and personal problems through supportive guidance and professional assistance. Some of these services may be provided through contractual arrangements with community agencies.
PRINCIPLE 2: COUNSELING
1. Written policy, procedure, and practice provide that staff members are available to counsel juveniles at their request; provision is made for counseling juveniles on an emergency basis.
a. In assisting juveniles with their personal problems and with their adjustment to the facility, staff members should make time available, on a regularly scheduled basis, for appointments with juveniles who request it.
b. Juveniles can have problems that require immediate attention, at least one staff member should be available 24 hours a day.
PRINCIPLE 3: MENTAL HEALTH COUNSELING
1. Written policy, procedure, and practice provide for juvenile access to mental health counseling and crisis intervention services in accordance with their needs.
a. Juveniles placed in detention facilities are in some cases highly disturbed;
therefore, it is imperative that mental health, psychiatric, and crisis intervention
services are available on an as-needed basis.
PRINCIPLE 4: COUNSELING FOR PREGNANT JUVENILES
1. Written policy, procedure, and practice require that comprehensive counseling and assistance are provided to pregnant juveniles in keeping with their expressed desires in planning for their unborn child.
PRINCIPLE 5: COORDINATE STAFF EFFORTS
1. Social services personnel needs to share relevant information and coordinate their efforts with appropriate facility juvenile caseworkers.
a. All facility personnel should be familiar with the counseling program so that they may refer juveniles when indicated. Counselors frequently have information about juveniles that will help other staff in their work with juveniles.
IX. RECREATION AND ACTIVITIES
Each facility shall have a written policy and procedure to provide a recreational program including both active exercise and structured leisure time activities. Recreation shall be supervised and organized by a staff person trained in recreation or a related field. All recreation and leisure time activities shall be structured and shall follow an established exercise schedule.
PRINCIPLE 1: PHYSICAL ACTIVITY
All juveniles shall be allowed at least one(1) hour minimum of physical exercise per day. The facility shall document when these activities are provided each day.
1. The facility shall have space designated for exercise both indoors and outdoors. When weather permits, exercise shall be provided outdoors, in a secure exercise area. A variety of equipment shall be provided in sufficient amounts to ensure that all juveniles have the opportunity to participate in exercise activities during the designated recreation period.
2. Physical exercise within the cell may be provided if the administrator has reasonable grounds to believe that the release of the juvenile from the cell may jeopardize the facility's safety, security or order. The facility shall document any grounds for not allowing physical exercise outside of the cell. Special effort should be made to provide daily physical exercise for those juveniles in restricted living units.
3. The minimum space requirements for exercise areas are as follows:
a. Outdoor exercise area: 15 square feet per inmate or the maximum number of inmates expected to use the space at one time, but not less than 1,500 square feet of unencumbered space.
b. Covered/enclosed exercise areas shall not have less than 500 square feet of unencumbered space with proper ventilation.
PRINCIPLE 2: LEISURE-TIME ACTIVITY
All juveniles shall be allowed at least one hour of structured leisure-time activity per day, not including time spent watching television. The facility shall document when these activities are provided each day.
BIBLIOGRAPHY
American Correctional Association, in Cooperation with the Commission on Accreditation for Corrections, Standards for Small Juvenile Detention Facilities. Springfield, VA: Goodway Graphics, 1991.
Dunlap, Earl L., and David W. Roush, Ph.D. "Juvenile Detention as Process and Place." Juvenile and Family Court Journal (Spring, 1995), pp. 3-18.
Nebraska Commission on Law Enforcement and Criminal Justice, State of Nebraska Jail Standards Board Standards for Juvenile Detention Facilities. 1993.
North Dakota Department of Corrections and Rehabilitation, North Dakota Correctional Facility Rules. April 15, l998.
State of Wyoming Department of Family Services, Division of Juvenile Services, Standards Pertaining to Specific Facilities and Programs. Chapter 7, Section 8, pp. 7-46 of Standards for Certification of Providers of Substitute Care Services for Children. September, l998.
State of Wyoming Department of Family Services, Division of Juvenile Services
1999 Juvenile Detention Standards. State Advisory Council on Juvenile Justice — Juvenile Justice Committee. March, 1999