TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER IX: DEPARTMENT OF JUVENILE JUSTICE
SUBCHAPTER e: COUNTY STANDARDS
PART 2602 COUNTY JUVENILE DETENTION STANDARDS
SECTION 2602.160 DISCIPLINE
Section 2602.160 Discipline
1) Discipline is a system of rules which gives training by instruction, control, and practice. Equitable and consistent discipline is a prerequisite for proper detention operation.
2) A well-trained staff is essential to good discipline within the detention facility. Written regulations and the possible consequences for infractions provide consistent direction to both staff and youth.
3) The detention experience should emphasize protection and care. Procedures and programs can be so directed as to place emphasis on guidance and down-playing the old concept of incarceration and punishment.
b) Minimum Standards
1) Written Rules
Every youth shall be provided with:
A) The rules and regulations governing behavior.
B) A description of conduct constituting a penalty offense or award.
C) The types and duration of penalties, which may be imposed and the system of awards.
D) The authority authorized to impose penalties or approve awards.
E) Authorized methods of seeking information and making complaints, including time frame for resolution of complaints and appeal procedures and access to an advocate.
F) All other matters necessary to enable youth to understand both their rights and obligations.
2) Written Rules Illiterate Youth
If a youth is illiterate, information shall be conveyed orally. Special assistance shall be given to non-English speaking youth in their own language.
Each youth shall be permitted to make requests or complaints to the detention administration, without censorship as to substance.
4) Reporting of Violations
Detention staff members who observe disciplinary violations shall submit a written report of the incident.
5) Restricted Diets
Non-medical restricted diets are prohibited. Food shall never be withheld as a punishment.
6) Group Punishment
Group punishment for the misbehavior of one or more youth is prohibited. Punishment must be meted out on an individual basis.
7) Corporal Punishment
Corporal punishment is prohibited. Corporal punishment is defined as any deliberate action, planned or spontaneous, designed to purposely humiliate, demean, defile, harm, embarrass, psychologically intimidate or result in physical pain or discomfort of a youth.
8) Use of Force by a Staff Member
Use of force is prohibited. This prohibition in no way prohibits self-defense, prevention of injury to another staff member or youth, prevention of property damage, subduing a recalcitrant, or preventing an escape or attempt to escape. When the use of force is authorized, only the least force necessary under the circumstances shall be employed. When force is used, a complete written report shall be made.
9) Use of Restraints
Instruments of restraint, such as handcuffs and straitjackets, shall not be applied as a penalty, and such instruments shall not be applied in any case for any longer time than is necessary.
A) Other instruments of restraint shall not be used except:
i) As a precaution against escape during transportation.
ii) On medical grounds by direction of the physician.
iii) By order of the superintendent in order to prevent a youth from injuring himself or others or from damaging or destroying property, provided the superintendent personally reviews such cases every 24 hours.
B) Chains or irons shall not be used as restraints.
C) When restraints are used, a full written report shall be made.
D) Psychotropic medicines shall not be used as a disciplinary device or control measure.
10) Display of Restraints
The display of restraining devices on a staff member's person or in a place in view of youth, such as on desk tops, shelves, and wall hooks, is prohibited.
11) Major Law Violations
Acts covered by statutory law committed by juveniles in custody shall be reported to law enforcement authorities.
1) During the course of a disciplinary investigation or hearing, the committee or a senior staff member should also determine whether there are weaknesses in the administrative procedures of detention that may be conducive to rule violation and require adjustment.
2) Serious violation of rules, e.g., assaults on staff or other youth, escapes, etc., should be referred to the Chief of Probation or Director of Court Services.