Standards for Adult and Juvenile Detention, Community Residential, and Holding Facilities and Programs; Proposed Rule DEPARTMENT OF THE INTERIOR

SUMMARY: The Bureau of Indian Affairs is proposing to establish

standards for governing Indian adult and juvenile detention, holding

and community residential facilities and programs. The current

detention regulations are over 20 years old and extremely limited. The

proposed changes will cover all pertinent issues governing detention,

holding and community residential services. The standards will increase

the Bureau of Indian Affair's capability to provide Indian tribes the

direction to administer constitutionally sound detention, holding and

community residential programs. It will also provide the Bureau of

Indian Affairs the key to prevent and combat potential lawsuits.

DATES: Comments must be received on or before November 3, 1994.

ADDRESSES: Written comments should be directed to the Chief, Division

of Law Enforcement, Bureau of Indian Affairs, 1849 C Street, N.W., Mail

Stop 1308, Washington, D.C. 20240.

FOR FURTHER INFORMATION CONTACT: Warren LeBeau, Bureau of Indian

Affairs, Telephone: 202-208-5786.

SUPPLEMENTARY INFORMATION:

Background

Detention standards published in 25 CFR 11.305 have not been

modified for sixteen years, do not address current detention problems,

and are inconsistent with current acceptable detention practices and

other regulations. They fail to address code compliance and related

physical plant issues, and lack options to allow for alternative types

of detention programs. The need for more detailed and contemporary

standards has been intensified by the provision of funding for

detention programs under Pub. L. 99-570.

Earlier attempts to develop standards based on those of the

American Correctional Association failed to address the specific issues

and concerns of BIA and tribal detention programs. They were not

tailored to meet the needs of a Native American population and did not

reflect the environment in which BIA and tribal detention programs

operate. As a result, these standards were not promulgated.

Development of Regulations

It is the policy of the Bureau to provide opportunities for input

from those who will be affected by these regulations. A multi-agency

task force was assembled to develop the first draft of these standards.

The agencies represented included representatives from Division of Law

Enforcement Central Office, Area Office Supervisory Criminal

Investigators, Unit Criminal Investigators, detention staff, and Indian

Health Service programs; the task force also included a member with

prior experience in tribal detention programs. Additional internal

reviews were conducted at the Area and Agency level. Interested parties

are asked to submit written comments, suggestions and objections to

these proposed rules.

Supplementary Information

The policy of the Department of the Interior is, whenever

practical, to afford the public an opportunity to participate in the

rulemaking process. Accordingly, interested persons may submit written

comments regarding the proposed rule to the locations identified in the

Addresses section of this document. The Department has certified to the

Office of Management and Budget that these proposed regulations meet

the applicable standards provided in Sections 2(a) and 2(b)(2) of

Executive Order 12778. The Department of the Interior has determined

that this document is not a significant regulatory action under

Executive Order 12866. This rule will not require the approval of the

Office of Management and Budget. This rule will not have a significant

economic impact on a substantial number of small entities under the

Regulatory Flexibility Act (5 U.S.C. 601 et seq.). In accordance with

E.O. 12630, the Department has determined that this rule does not have

significant takings implications. The Department has determined that

this rule does not have significant federalism effects. The Department

of the Interior has determined that this proposed rule does not

constitute a major Federal action significantly affecting the quality

of the human environment and that no detailed statement is required

pursuant to the National Environmental Policy Act of 1969. There are no

information collection requirement(s) contained in this rule which

require the approval of the Office of Management and Budget under 44

U.S.C. 3501 et. seq. The primary author of this document is Warren

LeBeau, Detention Specialist, BIA Law Enforcement.

List of Subjects in 25 CFR Part 10

Buildings, Indians, Law enforcement, Prisoners, Youth.

For the reasons set out in the preamble, Part 10 is proposed to be

added to Chapter I of Title 25 of the Code of Federal Regulations as

set forth below:

PART 10--STANDARDS FOR ADULT AND JUVENILE DETENTION, COMMUNITY

RESIDENTIAL, AND HOLDING FACILITIES AND PROGRAMS

Subpart A--General Information

Sec.

10.1 Background information.

10.2 Definitions.

10.3 Applicability.

10.4 Compliance.

10.5 Facilities operated by contractors.

Subpart B--Adult Detention Facilities

10.11 Administration and management.

10.12 Physical plant.

10.13 Institutional operations.

10.14 Inmate programs and services.

Subpart C--Juvenile Detention Facilities

10.21 Administration and management.

10.22 Physical plant.

10.23 Institutional operations.

10.24 Juvenile programs and services.

Subpart D--Adult Community Residential Facilities

10.31 Administration and management.

10.32 Physical plant.

10.33 Institutional operations.

10.34 Resident programs and services.

Subpart E--Juvenile Community Residential Facilities

10.41 Administration and management.

10.42 Physical plant.

10.43 Institutional operations.

10.44 Juvenile programs and services.

Subpart F--Adult Holding Facilities

10.51 Administration and management.

10.52 Physical plant.

10.53 Institutional operations.

10.54 Inmate programs and services.

Authority: 5 U.S.C. 301; 25 U.S.C. 2, 9, 13, 2417, 2453, and

2802.

Subpart A--General Information

Sec. 10.1 Background Information.

(a) Purpose. These standards provide criteria for the construction

and operation of various types of adult and juvenile law enforcement

facilities and programs operated on Indian land. Through the

implementation of these standards, Indian detention programs can

address current problems, reduce liability, plan for improvements, and

maintain sound and professional operations.

(b) Types of standards. The standards have been divided into five

sets, based on facility type, to make their use clearer. There are

standards for adult detention facilities, juvenile detention

facilities, adult community residential facilities, juvenile community

residential facilities, and adult holding facilities. Standards for

juvenile holding facilities are not necessary at this time.

(c) Using more than one set of standards. Users may determine which

type program they wish to operate and select the set of standards which

apply to that type. Users may elect to operate more than one program

type on a single site or within a single structure, provided that the

requirements for programs located on the same site are met. This

approach provides maximum flexibility to each locality in determining

the type of detention program(s) it wishes to operate.

Sec. 10.2 Definitions.

Addition means new construction which is physically attached or

connected to an existing building structure.

Administrative segregation means a special management

classification which separates a detainee from the general population

because he or she presents a serious threat to life, property, self,

staff or other detainees, or to the secure and orderly running of the

facility.

Administrator means the official who has the ultimate

responsibility for managing and operating the detention facility, such

as the Captain of Police or the Chief of Police.

Adult community residential program means a program for sentenced

adults which is housed in a structure without security fences, security

hardware or other major restraining construction typically associated

with detention facilities. The major focus of these programs is to

provide a structured environment conducive to positive behavior in the

community.

Adult detention facility means a local confinement facility for

which the custodial authority is 48 hours or more.

Assessment means an evaluation of an arrestee or a detainee by a

health, mental health or substance abuse professional to determine

treatment and/or management needs.

Booking means both a law enforcement and a detention facility

procedure. As a police administrative action, it is an official

recording of an arrest and the identification of the person, place,

time, arresting authority, and reason for the arrest. In a detention

facility, it is a procedure for the admission of a person charged with

or convicted of an offense, and includes searching, fingerprinting,

photographing, health screening, collecting personal history data and

completing an inventory of the individual's personal property.

Building code means federal, state or local regulations that

dictate the criteria for construction of a facility.

Chemical agent means an active substance, such as tear gas, used to

deter activities which might cause personal injury or property damage.

Child abuse register means a central listing of persons reported

for child abuse and neglect as required in the Indian Child Welfare

Act.

Classification means a process for determining the needs and

requirements of those for whom confinement has been ordered and for

assigning them to living areas and programs according to their needs

and existing resources.

Community resources means those social and welfare agencies,

service clubs, citizen interest groups, self-help groups, and citizen

volunteers who have the potential to assist juveniles/inmates in

meeting defined needs.

Contact visiting means a program inside and/or outside the facility

that permits detainees to visit with designated person(s). The area is

free of obstacles or barriers that prohibit physical contact.

Contractor means a person, agency, or organization which agrees to

furnish materials or perform services for the facility at a specified

price or service. Contractors operating in the facility are subject to

all applicable rules and regulations of the facility.

Cooling off period means a brief period of time, typically under 60

minutes, during which juveniles are confined in their rooms to allow

them to gain control over their behavior.

Custody record means information concerning the individual's

personal, criminal and brief medical history, behavior and activities

while in custody.

Daily report means a written record, compiled each day, which

indicates the names of detainees in custody, the names of detainees

booked and released, the legal status of each detainee, and the number

of days each detainee has been in custody.

Dayroom means space for activities that is situated immediately

adjacent to the detainee sleeping areas and separated from them by a

wall.

Delinquent act means an act that if committed by an adult would be

a crime.

Delinquent juvenile means a juvenile who has been adjudicated for

conduct which, under the law of the jurisdiction in which the offense

was committed, would be a crime if committed by an adult.

Dependent child means the local tribal definition. However, in the

absence of a local definition, it means a child who is adjudicated to

be:

(1) In need of proper and effective parental care and control and

who has no parent or guardian: or

(2) Destitute or who is not provided with the necessities of life,

or who is not provided with a home or suitable place of abode, or whose

home is unfit for him by reason of abuse, neglect, cruelty or depravity

by either of his parents, his guardian, or other person having his

custody or care.

Disciplinary hearing means a nonjudicial administrative procedure

to determine if substantial evidence exists to find a detainee guilty

of a rule violation.

Disciplinary report means a written report, prepared by a person

with appropriate authority, describing an alleged violation of a

facility's rules or regulations.

Disciplinary segregation means a special management classification

which separates a detainee from the general population because he or

she has committed a serious violation of facility rules or regulations,

after a finding of a rule violation at an impartial hearing and when

there is no adequate alternative disposition to regulate the detainee's

behavior.

Diversion means the official halting or suspension, at any legally

prescribed processing point after a recorded justice system entry, of

formal justice proceedings against an alleged offender. The suspension

of proceedings may be in conjunction with a referral to a treatment or

care program administered by a non-judicial or private agency, or there

may be no referral.

Education release means a custody status under which detainees may

leave the detention facility to attend school or paid employment in the

community, returning to custody after work or school hours.

Emergency means any serious incident, such as riot, strike, escape,

fire or natural disaster which results in significant disruption of the

facility's normal policies, procedures, or activities.

Emergency care means care for an acute illness or unexpected health

care need that cannot be deferred until the next scheduled sick call

and which is provided to the resident population by representatives of

the health authority, local ambulance services, and/or other hospital

emergency rooms.

Emergency generator and equipment means a generator, battery pack

or alternative, independent power source which allows a facility to

maintain essential lights, power and communication equipment.

Emergency shelter facility means any non-secure public or private

facility designated to provide either temporary or shelter placement

for alleged or adjudicated status offenders prior to the issuance of a

disposition order or longer-term care under a juvenile court

disposition order.

Existing construction means building structures which were

constructed prior to the date these standards became effective.

Facility means a place, institution, building (or part thereof),

set of buildings, or area that is used for the lawful custody and/or

treatment of individuals, which may be owned and/or operated by public

or private agencies, and which includes the staff and services as well

as the buildings and grounds.

Force, use of means physical force used in instances of justifiable

self-defense, protection of others, protection of property, or

prevention of escapes. Physical force is used only as a last resort and

in accordance with appropriate statutory authority.

Good-time means a system established by law or the applicable court

which allows the facility to subtract a set amount of time from an

inmate's sentence for specified periods that are served in an

acceptable manner.

Grievance means a written complaint filed by a detainee with the

facility administration.

Guardian means a person who has been appointed by a court to be the

custodian of a child's rights in place of a parent.

Handbook, inmate means a collection of the facility's rules of

conduct and sanctions for violations, defined in writing.

Handicapped person means any person who has a physical, mental or

sensory impairment which substantially limits one or more major life

activities, has a record of such an impairment, or is regarded as

having such an impairment.

Health appraisal means a thorough examination of a person's current

physical condition and medical histories, which is conducted by, or

under the supervision, of a licensed professional within a specified

time period following admission.

Health authority means the Indian Health Service or its contracted

designee.

Health care staff means individuals whose primary duties are to

provide health services to detainees in keeping with their respective

levels of health care training experience.

Health examination means a physical examination of detainees who

have been in custody more than thirty days, which includes dental and

mental health evaluation.

Health screening means a system of structured inquiry and

observation, by health care staff or by a health-trained detention

officer at the time of admission, designed to prevent newly-arrived

detainees who pose a health or safety threat to themselves or others

from being admitted to the general population.

Health-trained staff means detention staff who are trained and

appropriately supervised to carry out certain specific duties with

regard to the administration of health care.

Housing unit means a group or cluster of single and/or multiple

occupancy cells or detention rooms that houses inmates and is

immediately adjacent and directly accessible to a day or activity room.

Identification and location record means a written record that

shows the actual physical location of each detainee in custody.

Immediate release (from locked areas) means the capability of

immediate staff response to release of all detainees from a locked area

to a safe area within four minutes.

Incident means a situation in which injury serious enough to

warrant medical attention occurs involving a resident, employee, or

visitor on the grounds of the institution, or a situation containing an

imminent threat to the security of the institution and/or the safety of

residents, employees, or visitors on the grounds of the institution.

Indian means any person:

(1) Who is a member of an Indian tribe, as defined below,

irrespective of whether he or she lives on or near a reservation, is a

member of a tribe, band, or other organized group of Indians, including

those tribes, bands, or groups terminated since 1940 and those

recognized now or in the future by the State in which they reside, or

who is a descendant, in the first or second degree, of any such member;

or

(2) Who is an Eskimo or Aleut or other Alaska Native; or

(3) Who is considered by the Secretary of the Interior to be an

Indian for any purpose; or

(4) Who is determined to be an Indian under regulations promulgated

by the Secretary.

Indian tribe means any tribe, band, nation or other organized group

or community, including any Alaska Native village or group or regional

or village corporation as defined in or established pursuant to the

Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), which is

recognized as eligible for the special programs and services provided

by the United States to Indians because of their status as Indians.

Indian youth means a person under the age of eighteen years, who

claims to be a descendant of a member of a Federally recognized tribe.

Informed consent means the agreement by a patient to a treatment,

examination or procedure after the patient receives the material facts

regarding the nature, consequences, risks and alternatives concerning

the proposed treatment, examination and procedure.

Inmate means any person considered an adult within that

jurisdiction, whether pretrial, unsentenced, or sentenced, who is

confined in a detention or holding facility.

Inmate fund account means any money which is held in trust for

specific inmates, including funds in their possession at the time of

booking, funds brought for the use of specific inmates during the

period of custody, and funds, such as commissary or canteen funds,

which are developed as a result of sales or fees to inmates.

Juvenile means a person who has not attained his or her eighteenth

birthday or, for purposes of juvenile court proceeding, a child less

than twenty-one years of age who became the subject of a juvenile court

proceeding before the child's eighteenth birthday.

Juvenile community residential program means a program to provide

positive role models and an environment conducive to positive behavior

in the community for adjudicated juveniles which is housed in a

structure that does not have security fences, security hardware or

other major restraining construction typically associated with

detention facilities.

Juvenile community residential worker means a community residential

staff person whose sole responsibility is the supervision of juveniles

in a community residential facility.

Juvenile detention means the temporary care of a youth alleged to

be delinquent, who requires secure custody in a physically restricting

facility.

Juvenile detention facility means a local confinement facility for

the temporary care of juvenile offenders and juveniles alleged to be

delinquent who require secure custody in a physically restricting

facility for more than 24 hours.

Juvenile intake means the process of determining whether the

interests of the public or the juvenile require the filing of a

petition with the juvenile court. It includes receiving, reviewing, and

processing complaints, recommending detention or release, and providing

services for juveniles and their families, including diversion and

referral to other community agencies.

Library service means a service that provides and circulates

reading materials; reading materials include books and periodicals as

well as education and recreational audiovisual materials.

Light, natural means light available from a source within 20 feet

of the room or cell with an opening or window that has a view to the

outside.

Mail inspection means the examination of incoming and outgoing mail

for contraband, cash, checks and money orders.

Major infraction means a rule infraction involving a grievous loss

and requiring imposition of disciplinary procedures. Major infractions

include:

(1) Violations that may result in disciplinary detention or

administrative segregation;

(2) Violations that may result in a forfeiture, such as a loss of

good time; and

(3) Violations that may be referred for criminal prosecution.

Medical/mental health restraints means either chemical restraints,

such as sedatives, or physical agents, such as straight jackets,

utilized only for medical or psychiatric purposes.

Medical/mental health segregation means a form of separation from

the general population for detainees who are seriously ill or injured

or whose presence in the general population would be likely to spread

contagious disease.

Memorandum of agreement (MOA) means a written memorandum between

two or more agencies which identifies the roles and responsibilities of

each regarding a specific item.

Mentally retarded means an individual who functions at a subaverage

general intellectual level and is deficient in adaptive behavior.

Minor infraction means a violation of the facility's rules of

conduct that does not require due process and can be resolved without

the imposition of serious penalties. Minor infractions do not violate

any federal or tribal statutes and may be resolved informally by

reporting staff.

Multiple occupancy cell or room means an area, room or cell housing

more than two and less than fifty persons.

New construction means any new construction over 2000 square feet

in gross square foot area.

N.F.P.A. means the National Fire Protection Association.

Non-contact visiting means a type of visiting that restricts

inmates from having physical contact with visitors. Physical barriers

usually separate the offender from the visitors with screens and/or

glass. Voice communication between the parties is typically

accomplished with phones or speakers. Offenders that present a serious

escape threat, are a threat to others or require protection are often

designated for non-contact visits.

Orientation means the period immediately following booking which

includes interviews, testing and other booking-related activities,

including distribution of information about programs, services, rules

and regulations.

Perimeter security means a system that controls ingress and egress

to the interior of a facility or institution. The system may include

electronic devices, walls, fences, patrols and/or towers.

Planning of new institutions (PONI) program means the BIA process

for the development of law enforcement facilities. The process includes

application, validation, pre-architectural programming, design,

transition and construction.

Post means a duty station related to either place or function which

is necessary for the operation of the facility.

Pretrial release means a procedure whereby an accused individual

who had been taken into custody is allowed to be released before and

during his or her trial.

Privileged information means information about detainees or

residents which is not considered public information under the

provisions of the Freedom of Information Act of 1973 as amended (5

U.S.C. 552). It typically includes information protected as a medical

record, classification interviews, and the results of internal

disciplinary hearings.

Protective holding cell means a specialized cell or room that is

utilized to detain or isolate an incapacitated or combative

individual(s) for a short period of time. It may be equipped with

specialized security and/or medical equipment to control and manage

individuals detained in these areas in a safe, secure, and humane

environment.

Qualified health and safety inspector means a full-time safety

officer at either the BIA Area or Agency level.

Qualified health staff means licensed, registered or certified

physicians and dentists as well as other professional and technical

workers who, by law, engage in activities that support, complement or

supplement the functions of physicians and/or dentists.

Rated capacity means the actual number of beds available for

regular use, based on compliance with square footage requirements for

each occupancy type. Rated capacity does not include spaces, such as

protective holding cells, used only on a temporary basis.

Releasing authority means the decision-making body and/or

individual that has the responsibility to grant, deny and revoke

release from a juvenile institution or program of supervision.

Renovation means construction within an existing facility which

modifies its structure and in which more than 20% of the cost of the

proposed building modification results from standards compliance.

Reservation means any Federally recognized Indian Tribe's

reservation, pueblo or colony, including former reservations in

Oklahoma, Alaska Native regions established pursuant to the Alaska

Native Claims Settlement Act (43 U.S.C. 1601 et seq.), and Indian

allotments if considered reservation land by the Bureau of Indian

Affairs.

Safety equipment includes fire fighting equipment, i.e. chemical

extinguishers, hoses, nozzles, water supplies, alarm systems, sprinkler

systems, portable breathing devices, gas masks, fans, first aid kits,

stretchers, and emergency alarms.

Safety management review means a review of all construction by the

Division of Safety Management to ensure that the facility complies with

applicable codes, standards, regulations and guidelines regarding

Health and Safety matters.

Sallyport means an enclosure to handle either pedestrian or

vehicular traffic and is located either in the security perimeter wall

or fence of the facility, which has gates or doors at both ends, only

one of which opens at a time. This method of entry and exit ensures

there will be no breach in the security of the facility.

Secure institution means any facility that is designed and operated

to ensure that all entrances and exits are under the exclusive control

of the facility's staff, thereby preventing an inmate from leaving the

facility unsupervised or without permission.

Security devices means locks, gates, doors, bars, fences, screens,

ceilings, floors, walls, and barriers used to confine and control

juveniles/inmates and electronic monitoring equipment, security alarm

systems, security light units, auxiliary power supply, and other

equipment used to safeguard the facility.

Security or custody means the degree of restriction of inmate or

juvenile movement within a detention facility, usually divided into

maximum, medium and minimum risk levels.

Security perimeter means the outer portions of a facility that

provide for secure confinement of facility inmates or juveniles.

Shift activity log means a system of bound records which record the

significant activities of a shift, including emergency and non-

emergency activities.

Shift relief factor means a mathematic ratio between the number of

hours that staff are actually available to work and the number of hours

that staffing must be provided.

Special management means the confinement of a detainee in an

individual cell that is separated from the remainder of the population

for the purpose of disciplinary, administrative segregation, protective

custody, or medical segregation.

Status offender means a youth who has been charged with or

adjudicated for an act that under the law of the jurisdiction in which

the offense was committed would not be a crime under any circumstances

if committed by an adult.

Suicide screening means the systematic inquiry and observation of

adults and juveniles at the time of booking to attempt to identify

individuals who are at risk of suicide.

Summer and winter comfort zones means suggested temperature ranges

for indoor living and work areas during the summer months are sixty-six

to eighty-six degrees Fahrenheit and sixtyone to seventy-three degrees

Fahrenheit during the winter months.

Supervision means guidance or management of detainees, typically

without a barrier between detention staff and detainees.

Temporary release means a period of time during which a detainee is

allowed to leave the facility and go into the community unsupervised by

detention personnel for various purposes consistent with the public

interest.

Trained staff means detention or community residential staff who

have completed the orientation training required in these standards.

Work release means an arrangement sanctioned by law or the

appropriate court that enables a detainee to be released into the

community to maintain approved employment and/or other approved

activity.

Sec. 10.3 Applicability.

These standards shall apply to any facilities constructed and/or

operated on Reservations as defined in Sec. 10.2. Non-Indian facilities

with which the BIA contracts shall comply with the detention standards

of the state in which they are located, applicable federal and state

laws, and applicable safety and health codes.

Sec. 10.4 Compliance.

(a) Incremental compliance. The compliance process is incremental

and, in many areas, offers options and choices to each facility.

(b) Types of standards. There are two types of standards, mandatory

and nonmandatory. Each set of standards includes standards for

operations and standards for physical plants; if appropriate, physical

plant standards are divided into two categories, new construction,

renovation and expansion and standards for existing facilities. The

following table shows the number of mandatory and non-mandatory

standards by facility type and new and existing construction. Each

sections i.e., Sec. 10.11(a)(1), Sec. 10.11.(a)(2), etc., comprises one

standard.

Table 4.1.--Mandatory and Non-Mandatory Standards by Facility Type

----------------------------------------------------------------------------------------------------------------

Total Non-

Subpart Type of facility standards Mandatory mandatory

----------------------------------------------------------------------------------------------------------------

B................... Adult Detention.................................... 245 48 197

Adult Detention (existing)......................... 249 48 201

C................... Juvenile Detention................................. 262 47 215

Juvenile Detention (existing)...................... 266 47 219

D................... Adult Community Residential........................ 223 45 178

E................... Juvenile Community Residential..................... 228 45 183

F................... Adult Holding Facilities........................... 207 47 160

Adult Holding Facilities (existing)................ 208 47 161

----------------------------------------------------------------------------------------------------------------

(1) Mandatory vs. non-mandatory standards. Mandatory standards deal

with areas in which there is potential danger to the life, health, and

safety of inmates, staff, and/or the community and those areas in which

there are other statutes, regulations, or directives which mandate

compliance. Without exception, facilities must comply with all

mandatory standards. Non-Mandatory Standards deal with all other areas

of administration, program operation and facilities. Based on a system

of progressive compliance, all facilities must comply with a percentage

non-mandatory standards that increases over time. The following table

lists the mandatory standards in each Subpart of the rule.

Table 4.2.--Mandatory Standards

--------------------------------------------------------------------------------------------------------------------------------------------------------

Detention Community residential Holding

Standard title ---------------------------------------------------------------------------------------------------------------------------------

Part B adult Part C juvenile Part D adult Part E juvenile Part F adult

--------------------------------------------------------------------------------------------------------------------------------------------------------

Separation of Adults B10.11(a)(14) N/A N/A N/A F10.51.(a)(8)

and Juveniles.

Prohibited Uses of N/A C10.21(a)(14) N/A N/A N/A

Detention.

Budgetary Compliance.. B10.11(b)(1) C10.21(b)(1) D10.31(b)(1) E10.41(b)(1) F10.51.(b)(1)

Accounting Compliance. B10.11(b)(2) C10.21(b)(2) D10.31(b)(2) E10.41(b)(2) F10.51.(b)(2)

Personnel Policy...... B10.11(c)(1) C10.21(c)(1) D10.31(c)(1) E10.41(c)(1) F10.51.(c)(1)

Training Curriculum B10.11(d)(2) C10.21(d)(2) D10.31(d)(2) E10.41(d)(2) F10.51.(d)(2)

Approval.

Detention Officer B10.11(d)(6) C10.21(d)(6) D10.31(d)(6) E10.41(d)(6) F10.51.(d)(5)

Orientation Training.

Records Compliance.... B10.11(e)(1) C10.21(e)(1) D10.31(e)(1) E10.41(e)(1) F10.51.(e)(1)

Building and Safety B10.12(a)(1) C10.22(a)(1) D10.32(a)(1) E10.42(a)(1) F10.52.(a)(1)

Code Compliance.

Accessibility......... B10.12(a)(3) C10.22(a)(3) D10.32(a)(3) E10.42(a)(3) F10.52.(a)(3)

OSHA Compliance....... B10.12(a)(4) C10.22(a)(4) D10.32(a)(4) E10.42(a)(4) F10.52.(a)(4)

Health and Safety B10.12(a)(5) C10.22(a)(5) D10.32(a)(5) E10.42(a)(5) F10.52.(a)(5)

Inspection.

Furnishings and B10.12(a)(6) C10.22(a)(6) D10.32(a)(6) E10.42(a)(6) F10.52.(a)(6)

Equipment Code

Compliance.

Separation of Adults B10.12(b)(2) N/A N/A N/A F10.52.(b)(1)

and Juveniles.

Emergency Exits....... B10.12(d)(4) C10.22(d)(4) D10.32(d)(1) E10.42(d)(1) F10.52.(d)(4)

New Facility Planning B10.12(e)(1) C10.22(e)(1) D10.32(e)(1) E10.42(e)(1) F10.52.(e)(1)

Requirement.

Safety Management B10.12(e)(2) C10.22(e)(2) D10.32(e)(2) E10.42(e)(2) F10.52.(e)(2)

Review.

Full Coverage of Posts B10.13(a)(3) C10.23(a)(4) D10.33(a)(1) E10.43(a)(1) F10.53.(a)(3)

Male and Female Staff B10.13(a)(6) C10.23(a)(7) D10.33(a)(3) E10.43(a)(3) F10.53.(a)(6)

Requirement.

Weekly Inspection..... B10.13(a)(14) C10.23(a)(15) D10.33(a)(10) E10.43(a)(10) F10.53.(a)(14)

Monthly Inspection.... B10.13(a)(15) C10.23(a)(16) D10.33(a)(11) E10.43(a)(11) F10.53.(a)(15)

Fire Safety Inspection B10.13(a)(16) C10.23(a)(17) D10.33(a)(12) E10.43(a)(12) F10.53.(a)(16)

Use of Force and B10.13(a)(22) C10.23(a)(23) D10.33(a)(17) E10.43(a)(17) F10.53.(a)(22)

Firearms.

Fire Prevention....... B10.13(b)(1) C10.23(b)(1) D10.33(b)(1) E10.43(b)(1) F10.53.(b)(1)

Evacuation Plan....... B10.13(b)(4) C10.23(b)(4) D10.33(b)(3) E10.43(b)(3) F10.53.(b)(4)

Emergency Plans....... B10.13(b)(5) C10.23(b)(5) D10.33(b)(4) E10.43(b)(4) F10.53.(b)(5)

Medical Treatment B10.13(b)(7) C10.23(b)(7) D10.33(b)(7) E10.43(b)(6) F10.53.(b)(7)

(Incident).

Suicide Screening..... B10.13(f)(4) C10.23(g)(3) D10.33(f)(2) E10.43(f)(6) F10.53.(f)(3)

Dietary Allowances.... B10.13(h)(2) C10.23(i)(2) D10.33(h)(2) E10.43(h)(2) F10.53.(h)(2)

Medical Special Diets. B10.13(h)(4) C10.23(i)(4) D10.33(h)(4) E10.43(h)(4) F10.53.(h)(4)

Health Protection..... B10.13(h)(7) C10.23(i)(7) D10.33(h)(7) E10.43(h)(7) F10.53.(h)(7)

Inspection of Food B10.13(h)(9) C10.23(i)(9) D10.33(h)(9) E10.43(h)(9) F10.53.(h)(9)

Service Area.

Water Supply.......... B10.13(i)(1) C10.23(j)(1) D10.33(i)(1) E10.43(i)(1) F10.53.(i)(1)

Sewage System......... B10.13(i)(2) C10.23(j)(2) D10.33(i)(2) E10.43(i)(2) F10.53.(i)(2)

Sanitation Plan....... B10.13(i)(3) C10.23(j)(3) D10.33(i)(3) E10.43(i)(3) F10.53.(i)(3)

Written Health Care B10.13(j)(1) C10.23(k)(1) D10.33(j)(1) E10.43(j)(1) F10.53.(j)(1)

Plan.

Medical/Mental Health B10.13(j)(4) C10.23(k)(4) D10.33(j)(4) E10.43(j)(4) F10.53.(j)(4)

Judgment.

Meetings with Provider B10.13(j)(6) C10.23(k)(6) D10.33(j)(6) E10.43(j)(6) F10.53.(j)(6)

Review of Health Care B10.13(j)(7) C10.23(k)(7) D10.33(j)(7) E10.43(j)(7) F10.53.(j)(7)

Policies.

Health Training B10.13(j)(8) C10.23(k)(8) D10.33(j)(8) E10.43(j)(8) F10.53.(j)(8)

Program.

24-hour Emergency Care B10.13(j)(10) C10.23(k)(10) D10.33(j)(10) E10.43(j)(10) F10.53.(j)(10)

Health Care Treatment. B10.13(j)(11) C10.23(k)(11) D10.33(j)(11) E10.43(j)(11) F10.53.(j)(11)

Licensure Requirements B10.13(j)(13) C10.23(k)(13) D10.33(j)(12) E10.43(j)(12) F10.53.(j)(13)

Management of B10.13(j)(16) C10.23(k)(16) D10.33(j)(15) E10.43(j)(15) F10.53.(j)(16)

Medications.

Preliminary Health B10.13(j)(18) C10.23(k)(18) D10.33(j)(17) E10.43(j)(17) F10.53.(j)(18)

Screening.

Serious and Infectious B10.13(j)(23) C10.23(k)(23) N/A N/A F10.53.(j)(20)

Disease.

Participation in B10.13(j)(27) C10.23(k)(27) D10.33(j)(25) E10.43(j)(25) F10.53.(j)(23)

Research.

Confidentiality of B10.13(j)(28) C10.23(k)(28) D10.33(j)(26) E10.43(j)(26) F10.53.(j)(24)

Health Records.

Regulation of Work B10.14(b)(2) C10.24(b)(3) D10.34(c)(2) E10.44(c)(3) N/A

Programs.

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(2) Physical plant standards. There are two categories of standards

which deal with facilities: standards for existing construction and

standards for new construction, additions and renovations. If there are

no existing facilities of the type, standards for existing construction

are omitted.

(c) Accreditation process. The accreditation process is

incremental. It does not require that detention facilities comply with

all standards when they are published. The following requirements are

established for compliance:

(1) First year following publication. By the end of the first year

following publication, all detention facilities must have identified

deficiencies and developed an action plan that identifies the actions

and resources necessary to correct deficiencies and a schedule for

these remedies.

(2) Second year following publication. By the end of the second

year following publication and thereafter, all detention facilities

must be one hundred percent compliant with the mandatory standards. For

example, an existing adult detention facility would have to comply with

the 48 mandatory standards of the 249 total standards applicable to

this facility type.

(3) Fourth year following publication. By the end of the fourth

year following publication and thereafter, all detention facilities

must be 50 percent compliant with the non-mandatory standards. For

example, an existing adult detention facility would have to remain

compliant with the 48 mandatory standards and also comply with 101

(50%) of the 201 non-mandatory standards for this facility type.

(4) Fifth year following publication. By the end of the fifth year

following publication and thereafter, all detention facilities must be

60 percent compliant with the non-mandatory standards. For example, an

existing adult detention facility would have to remain compliant with

the 48 mandatory standards and also comply with 121 (60%) of the non-

mandatory standards for this facility type.

(5) Sixth year following publication. By the end of the sixth year

following publication and thereafter, all detention facilities must be

70 percent compliant with the non-mandatory standards.

(6) Seventh year following publication. By the end of the seventh

year following publication and thereafter, all detention facilities

must be 80 percent compliant with the non-mandatory standards.

(7) Eighth year following publication. By the end of the eighth

year following publication and thereafter, all detention facilities

must be 90 percent compliant with the non-mandatory standards.

(8) Available assistance. The BIA, Division of Law Enforcement

shall provide a format for self-accreditation of programs with

provision for program audits.

Sec. 10.5 Facilities operated by contractors.

(a) Form of organization. The entity operating the facility shall

be a legal entity or part of a legal entity.

(b) Program continuity. The operator of the facility shall document

that necessary legal measures have been taken to provide continuity of

service in the event of incapacitation, retirement or death.

(c) Annual meeting. The governing authority of the facility shall

meet at least annually with the contracting officer to facilitate

communication, establish policy, explore problems, ensure conformity to

legal and fiscal requirements, and implement programs.

(d) Minimum criteria for private agencies. At a minimum, the bylaws

for the governing authority of the incorporated agency shall include

membership qualifications, community representation, size of the

governing body, method of selection, terms of office, duties and

responsibilities of officers, times the board will meet, committee

structure, quorums, parliamentary procedure, recording of minutes,

method of amending the bylaws, conflict of interest items, and the

relationship of the chief executive officer to the governing body.

Subpart B--Adult Detention Facilities

Sec. 10.11 Administration and management.

(a) General administration--(1) Mission and goals. A written

statement, which shall be updated as necessary, shall describe the

philosophy, goals and policies of the facility.

(2) Administration of facility. An administrator, whose

responsibility and authority shall be documented, shall oversee each

facility. The appointment shall be based on written qualifications.

(3) Organization chart. An organization chart shall describe the

facility's organization and chain of command. The chart shall be

updated as needed.

(4) Service provider roles. A Memorandum of Agreement (MOA), which

shall be updated as needed and reviewed at least annually, shall define

the role and function of employees of public or private agencies

providing a service to the facility. The MOA shall specify the relation

of service providers to the authority and responsibility of the

administrator.

(5) Interagency meetings. The administrator shall conduct regular

meetings between the staff of criminal justice, social service, health

care and detention agencies to develop and maintain effective

interagency coordination.

(6) Policy and procedure manual. All employees of the facility

shall have access to a policy and procedure manual and its supporting

documents. The Chief, Division of Law Enforcement, shall approve the

manual and its supporting documents, which shall provide for the

implementation of these standards and shall direct documentation of

compliance. The administrator shall update the manual as needed and

review it annually.

(7) Dissemination of policy and procedure. The administrator shall

disseminate approved, new, or revised policies and procedures to

designated staff, volunteers, and, where appropriate, inmates prior to

implementation. Staff shall review and indicate in writing that they

understand the content of policies and procedures prior to their

implementation.

(8) Channels of communication. The administrator or designee shall

regularly disseminate information to staff prior to the beginning of

their shift.

(9) Monitoring and assessment. The Agency Superintendent or

designee shall review and inspect operations and programs at least

annually.

(10) Annual report. The administrator shall submit a written annual

report to the Chief, Division of Law Enforcement, through the Area

Director and Agency Superintendent, and shall forward a copy to the

appropriate court and health care authority. The report shall address

goals, objectives, population data, programs and services provided,

budget, space and equipment needs and major developments.

(11) Public information program. The administrator or designee

shall provide for a public information program.

(12) Legal counsel. Legal counsel shall be available to the

administrator and other staff as needed in the performance of their

duties.

(13) Separation of adults and juveniles. The administrator shall

prohibit the confinement of juveniles under the age of eighteen within

the facility unless in compliance with 42 U.S.C. 223(a)(13)(14) (the

Juvenile Justice and Delinquency Prevention Act of 1974) as amended and

28 CFR Part 31.

(b) Fiscal management--(1) Budgetary compliance. If operated by the

BIA, the facility shall comply with the directives of the Agency

regarding budget preparation, submission, and administration. If

operated by a tribe, the facility shall comply with the directives of

the tribe regarding budget preparation, submission, and administration.

(2) Accounting compliance. If operated by the BIA, the facility

shall comply with the Agency accounting directives. If operated by a

Tribe, the facility shall comply with Tribal accounting directives.

(3) Basis of budget. The administrator shall document a direct

relationship between the budget and planned operational, staffing and

program needs.

(4) Property management compliance. If operated by the BIA, the

facility shall comply with Agency property management directives. If

operated by a Tribe, the facility shall comply with Tribal property

management directives.

(5) Federal acquisition regulation compliance. If operated by the

BIA, the facility shall comply with Agency directives for facility

services, equipment and supply purchases. If operated by a tribe, the

facility shall comply with tribal directives for facility services,

equipment and supply purchases.

(6) Space and equipment needs and deficiencies. The administrator

shall report space and equipment needs and deficiencies annually to the

Area Director through the Agency Superintendent.

(7) Program needs and deficiencies. The administrator shall report

program needs and deficiencies, i.e., staffing, supplies, training and

contract services, annually to the Chief, Division of Law Enforcement,

through the Area Director and Agency Superintendent.

(8) Cost of inmate board. The facility shall charge all contract

users at the same rate.

(9) Fund accounts. The administrator shall arrange for an

independent audit of inmate fund accounts, including canteen or

commissary, following standard accounting practices. The administrator

shall use any profit or interest which accrues for the benefit of the

inmates.

(c) Personnel--(1) Personnel policy. If operated by the BIA, the

facility shall comply with Agency personnel management directives. If

operated by a Tribe, the facility shall comply with Tribal personnel

management directives.

(2) Personnel manual. The administrator shall make a copy of the

applicable personnel manuals and regulations available to every

employee.

(3) Staffing requirements. The administrator shall review employee

workload annually to ensure that the legitimate safety and security

needs of staff and inmates are addressed. The administrator shall

develop and update the facility's shift relief factor annually.

(4) Criminal record check. The administrator or designee shall

conduct a criminal record check of all new employees prior to

employment to determine if there are criminal convictions that have a

specific relationship to job performance.

(5) Physical examination. All employees who have direct contact

with inmates shall have a pre-employment physical examination. There

shall be provisions for re-examination.

(6) Physical fitness. Detention officers shall meet BIA or

comparable tribal standards for physical fitness.

(7) Code of ethics. The facility shall have a written Code of

Ethics that outlines the professional standards expected of all

employees and recognizes that detention personnel may be held to a

higher behavioral standard because of the nature of their duties.

(8) Confidentiality. Consultants, contract personnel, employees of

other public and private agencies and volunteers who work with inmates

shall agree to comply with the facility's policies on confidentiality

of information.

(d) Training and staff development--(1) Management of training

programs. A qualified employee, who has received training in training

delivery methods, shall plan, coordinate and supervise employee and

volunteer training programs. The administrator shall identify, evaluate

and update job-related training needs annually.

(2) Training curriculum approval. The Chief, Division of Law

Enforcement, in conjunction with the Indian Police Academy, shall

approve training programs and curriculum required by these standards.

(3) Outside resources. The facility shall support the integration

of IHS-approved and other training with the approval of the

administrator.

(4) Education and training. The administrator shall encourage

employees to continue their education and training.

(5) Cultural awareness. Orientation training shall include a

component on cultural issues relative to the local tribe(s).

(6) Detention officer orientation training. All new full or part-

time detention officers shall receive the number of hours of

orientation training recommended by the Chief, Division of Law

Enforcement, during their first year of employment. Employees shall

complete forty of these hours prior to being independently assigned to

work in the facility.

(7) Detention officer in-service training. All full or part-time

detention officers shall receive an additional forty hours of job-

relevant training each subsequent year of employment.

(8) Clerical and support staff orientation training. All new

clerical and support staff who have minimal inmate contact shall

receive the number of hours of orientation and training recommended by

the Chief, Division of Law Enforcement within their first year of

employment.

(9) Clerical and support staff in-service training. All clerical

and support staff shall receive an additional sixteen hours of job-

relevant training each subsequent year of employment.

(10) Administrative and managerial staff orientation training. New

administrative and managerial staff shall receive at least the number

of hours of training recommended by the Chief, Division of Law

Enforcement, within their first year of employment in this position.

(11) Administrative and managerial staff in-service training.

Administrative and managerial staff shall receive at least twenty-four

hours of job-relevant training each subsequent year of employment.

(12) Specialized training. At least one detention officer per shift

shall receive specialized training in the management of inmates with

health and behavioral problems, including substance abuse and suicide.

At least one detention officer per shift shall be certified as an

emergency medical technician. All detention staff who have contact with

inmates shall receive training in advanced first aid and CPR. The

health authority shall identify health-related training needs.

(e) Facility records--(1) Records compliance. The facility shall

comply with 5 U.S.C. 552 (the Freedom of Information Act), 5 U.S.C.

552(a) (the Privacy Act of 1974) as amended, 43 CFR 2.79(a), or

comparable tribal regulations.

(2) Records management. The facility shall have a system for the

management, dissemination, retrieval, storage, archiving and (when

appropriate) destruction of information and detention records.

(3) Law enforcement sensitive information. Law enforcement

sensitive records and information shall be marked privileged. The

administrator or designee shall keep these records in a locked cabinet

or file room.

(4) Release of information and consent. Inmates shall sign a

Release of Information Consent Form in compliance with 5 U.S.C. 552(a)

(the Privacy Act of 1974) as amended prior to the release of privileged

information. The administrator or designee shall keep a copy of the

signed release in the inmate's record.

(5) Separation of record contents. The administrator or designee

shall identify and separate contents of inmate records according to an

established format which, at a minimum, shall separate privileged from

public information.

(6) Access to information. The administrator shall define clearly

personnel who have access to inmate records.

(7) Daily report. The administrator or designee shall maintain a

daily report and provide a copy of it to the appropriate court(s). The

daily report shall identify:

(i) the names of inmates in custody, including inmates on temporary

release or in other locations;

(ii) names of inmates admitted and released;

(iii) the legal status of each inmate; and

(iv) the number of days each inmate has been in custody.

(8) Identification and location record. The facility shall maintain

a system that identifies all inmates in custody and their actual

physical location.

(9) Custody record. The facility shall maintain custody records of

all inmates held at the facility. The record shall include, but not be

limited to:

(i) initial booking form;

(ii) documented legal authority to detain the inmate;

(iii) health and suicide screening forms;

(iv) dates of court appearances;

(v) signed release of information forms;

(vi) an on-going record of cash and valuables;

(vii) dates and times of temporary releases;

(viii) names of visitors and dates of visits;

(ix) facility rules and disciplinary policy signed by the inmate;

(x) classification interview and subsequent classification actions;

(xi) reports of major disciplinary actions, significant incidents

or crimes committed while in custody;

(xii) records of program participation including work release or

inmate work programs;

(xiii) good time accumulated (if applicable); and

(xiv) final release or transfer report.

(10) Booking information. The administrator or designee shall

record booking information for every person admitted to the facility.

The record shall include at least the following data:

(i) booking number;

(ii) name and known aliases;

(iii) current or last known address;

(iv) date and time of confinement;

(v) a copy of the court order or other legal basis for detention;

(vi) name, title, agency and signature of arresting officer;

(vii) charge or charges;

(viii) date and place of birth;

(ix) ethnic origin or tribal affiliation;

(x) present or last place of employment;

(xi) emergency contact name, relationship, address and phone

number;

(xii) record of telephone calls made by arrestee at time of

admission;

(xiii) driver's license and social security number;

(xiv) identifying information, including height, weight, gender and

identifying marks, such as birthmarks, scars or tattoos;

(xv) photograph and fingerprints (optional);

(xvi) notation of cash and all property;

(xvii) initial classification and special needs;

(xviii) an indication that the health and suicide screening was

completed;

(xix) name of legal representative if any; and

(xx) name of booking officer.

(11) Conducting research. All research conducted shall comply with

federal and tribal regulations pertaining to conducting and

disseminating research findings as well as professional and scientific

ethics. The administrator, the Agency Superintendent and the Area

Director shall approve all research prior to implementation. The

administrator shall regulate voluntary inmate participation in

research.

(f) Citizen involvement and volunteers--(1) Volunteer coordinator.

The administrator shall encourage citizen participation in volunteer

programs by designating a staff member as volunteer coordinator.

(2) Volunteer plan. The volunteer coordinator shall develop and

implement a written plan for volunteer services. The volunteer

coordinator and administrator shall update the plan as necessary and

review it at least annually. The plan shall include:

(i) lines of authority;

(ii) responsibility and accountability for volunteer services;

(iii) procedures for the screening and selection of volunteers;

(iv) a volunteer orientation or training program, which is

appropriate to the nature of the assignments;

(v) a requirement that volunteers shall agree in writing to abide

by all facility rules, policies, procedures and practices, particularly

those related to security and confidentiality of information; and

(vi) a statement that the administrator may discontinue a volunteer

activity at any time by written notice.

Sec. 10.12 Physical plant.

(a) Code compliance--(1) Building and safety code compliance. If

owned by the Bureau, the facility shall comply with 29 CFR Part 1910,

Subparts D, E, G and L. If owned by a tribe, the facility shall comply

with the National Fire Protection Association (NFPA) Life Safety Code

101 Chapters 2, 4 through 7, and 14 (if new detention occupancy) or 15

(if existing detention occupancy), or comparable tribal regulations.

(2) Zoning. The facility shall comply with applicable zoning and

land use requirements.

(3) Accessibility. The facility shall comply with 25 U.S.C. 794

(the Rehabilitation Act of 1973) as amended, 41 CFR 101-19.6 (Uniform

Federal Accessibility Standards), and 43 CFR Part 17.

(4) OSHA compliance. The facility shall comply with 29 CFR Part

1910, Subparts C through E, G, K, L and S (Occupational Health and

Safety Standards) or comparable tribal regulations. If other activities

governed by sections of 29 CFR Part 1910 not identified in this

standard are carried out in the facility, the section(s) of 29 CFR Part

1910 governing that activity or comparable tribal regulations apply.

(5) Health and safety inspection. In compliance with 29 CFR Part

1960, Subparts B through D, the facility shall receive at least one

inspection each year by a qualified safety and health inspector and

Environmental Health Specialist and/or Sanitarian. Any request for

inspection shall be directed to the Area Safety Manager or Officer

through the Agency Superintendent.

(6) Furnishings and equipment code compliance. The administrator

shall maintain documentation by an independent, qualified source that

the interior furnishing materials in inmate living areas, exit areas

and places of public assembly shall be in accordance with NFPA Life

Safety Code Section 6-5 or comparable tribal regulations.

(b) Facility organization--(1) Design for supervision. Physical

plant design shall facilitate continuous personal contact and

interaction between staff and inmates.

(2) Separation of adults and juveniles. If the adult facility

temporarily holds juveniles for periods of less than twenty-four hours,

it shall comply with 42 U.S.C. 223(a)(ii) (the Juvenile Justice and

Delinquency Prevention Act of 1974) as amended and 28 CFR Part 31.

(3) Separation of classifications. The facility shall be designed

and constructed so that inmates can be separated according to the

requirements identified in these standards and the facility's

classification plan.

(4) Separation of males and females. The facility shall provide for

sight and sound separation of male and female inmates in their housing

areas.

(5) Supervision. All general population and special management

living areas shall be constructed to facilitate continuous staff

observation, excluding electronic surveillance, of cell or room fronts

and activity areas, such as dayrooms and recreation spaces.

(6) Continuously observable housing. The facility shall provide a

minimum of two single occupancy cells that can be continuously observed

by staff and which allow inmates to communicate with staff.

(7) Rated capacity. The number of inmates shall not exceed the

facility's rated capacity with the exception of mass arrests.

(8) Location. The facility shall be located conveniently for

criminal justice agencies, the health authority, community agencies and

inmates' legal representatives, families and friends.

(c) Environmental conditions--(1) Artificial light levels. Lighting

levels in inmate cells or rooms shall be at least twenty footcandles at

the desk and in the personal grooming areas. Lighting levels throughout

the facility shall be appropriate to the tasks and activities carried

out in its spaces. An independent, qualified source shall document

lighting levels.

(2) Noise levels. Noise levels shall not exceed seventy decibels in

the daytime and forty-five decibels at night. An independent, qualified

source shall document noise levels.

(3) Indoor air quality. Air circulation shall be at least ten cubic

feet of outside or recirculated filtered air per minute per occupant.

An independent, qualified source shall document air circulation.

(4) Use of tobacco. The administrator shall regulate the use of

tobacco in the facility by staff, inmates and the public.

(5) Heating and cooling. Temperatures shall be appropriate to the

summer and winter comfort zones.

(d) Security--(1) Control center. The facility shall maintain a

secure control center, which has a system for immediate communication

with the inmate living areas. The control center shall monitor and

coordinate the facility's security, life safety and communications

systems.

(2) Perimeter security. The perimeter shall be secured in a way

that inmates remain in the perimeter and that access by the general

public is denied without proper authorization. There shall be security

doors between inmate areas and areas to which the public has access.

(3) Security equipment storage. The facility shall provide space

for the secure storage of chemical agents, restraining devices and

related security equipment. The equipment shall be located outside

inmate living and activity areas in a place that is readily accessible

to authorized persons only. The facility shall store firearms in a

secure area or cabinet outside the security perimeter of the facility

in a place that is accessible only to authorized persons.

(4) Emergency exits. In compliance with 29 CFR 1910.37, designated

exits in the facility shall permit prompt evacuation of inmates and

staff members in an emergency. Facility exits shall be properly

positioned, clear and distinctly and permanently marked.

(5) Protective Holding Cells. Other than as indicated in the mass

arrest policy, single and multiple occupancy protective holding cells

shall hold no more than eight persons and shall be used only for the

temporary holding of persons during the booking process for periods of

up to eight hours. Each room or cell shall have, at a minimum:

(i) sixty square feet of floor space;

(ii) toilet facilities that are located above floor level, provide

some degree of privacy and are available for use without staff

assistance twenty-four hours a day;

(iii) hot and cold running water; and

(iv) a bed or fixed bench at or above floor level.

(6) Emergency equipment. The facility shall have the equipment

necessary to maintain essential lights, power, ventilation, power-

operated doors or locks and communication in an emergency.

(7) Visual surveillance equipment. When visual electronic

surveillance is used, it shall be located primarily in hallways,

elevators, corridors, or at points on the security perimeter such as

entrances and exits.

(e) New facility planning process--(1) New facility planning

requirement. All new construction, renovation and expansion projects

shall follow the Planning of New Institutions (PONI) process as

required by 25 CFR Part 296.

(2) Safety management review. The design and specifications for all

new construction, renovation and expansion projects shall be reviewed

by the Bureau of Indian Affairs in compliance with 29 CFR 1960,

Subparts B through D.

(f) New construction, renovation and expansion--(1) Single

occupancy requirements (general population). Only one inmate shall

occupy each cell or detention room designed for single occupancy. All

general population single rooms or cells shall have at least sixty

square feet of floor space, provided inmates spend no more than ten

hours per day locked in. When confinement exceeds ten hours per day,

there shall be at least seventy square feet of floor space. In general

population, each room or cell shall have, at a minimum:

(i) natural light;

(ii) toilet facilities with some degree of privacy that are located

above floor level and are available for use without staff assistance

twenty-four hours a day;

(iii) a wash basin with hot and cold running water;

(iv) access to showers; and

(v) a bed above floor level, a desk or writing surface, safety-type

hooks or closet space, and a chair or stool.

(2) Single occupancy requirements (special management). Only one

inmate shall occupy each cell or detention room designed for single

occupancy. The facility shall provide single cell occupancy for special

management classifications and other classifications as defined and

justified in the PONI program. At least one special management cell

shall be vented directly to the exterior. In special management,

segregation rooms shall provide living conditions that approximate

those of the general inmate population. All exceptions shall be clearly

documented. Each special management room or cell shall have, at a

minimum:

(i) natural light;

(ii) a minimum of seventy square feet of floor space;

(iii) toilet facilities with some degree of privacy that are

located above floor level and that are available for use without staff

assistance twenty-four hours a day;

(iv) access to showers;

(v) hot and cold running water; and

(vi) a bed at or above floor level, a desk or writing surface, and

a stool.

(3) Multiple occupancy requirements. Where used, multiple occupancy

rooms or cells shall house inmates, who have been screened for

suitability to group living and classified accordingly. The rooms shall

provide:

(i) continuous observation by staff;

(ii) a minimum of fifty square feet of floor space per occupant in

the sleeping area and a clear floor-to-ceiling height of not less than

eight feet;

(iii) natural light;

(iv) a toilet(s) with some degree of privacy;

(v) an operable wash basin(s) with hot and cold running water;

(vi) access to showers; and

(vii) beds above floor level and a locker or container for each

occupant's belongings.

(4) Space, furnishings and conditions for dayrooms. The facility

shall provide separate dayroom space for each cellblock or detention

room cluster. The dayroom shall provide:

(i) natural light;

(ii) a minimum of thirty-five square feet of space per inmate

exclusive of lavatories;

(iii) showers and toilets with some degree of privacy; and

(iv) seating and writing surfaces, appropriate to the

classification which uses this space, sufficient for the number of

inmates who use the dayroom at one time.

(5) Toilets. The facility shall provide operable toilets at a

minimum ratio of one for every twelve inmates in male facilities and

one for every eight inmates in female facilities. Urinals may be

substituted for up to one-half of the toilets in male facilities. All

housing units with three or more inmates shall have two toilets.

(6) Wash basins. Inmates shall have access to operable wash basins

with hot and cold running water in the housing units at a minimum ratio

of one basin for every twelve occupants.

(7) Showers. Inmates shall have access to operable showers with

temperature-controlled hot and cold running water at a minimum of one

shower for every eight inmates. Water for showers shall be

thermostatically controlled to temperatures ranging from one hundred

degrees to one hundred-twenty degrees Fahrenheit.

(8) Housing for the disabled. Disabled inmates shall be housed in a

manner that provides for their safety in compliance with 25 U.S.C. 794

(the Rehabilitation Act of 1973) as amended, 41 CFR 101-19.6 (Uniform

Federal Accessibility Standards), and 43 CFR Part 17, yet prevents

their being discriminated against in their use of the facility.

(9) Work or education release housing. Inmates who participate in

work or education release programs shall be housed separately from

inmates in the general population.

(10) Exercise and recreation areas. The facility shall provide

secure outdoor, covered or enclosed exercise areas. Outdoor exercise

areas shall be a minimum of one thousand five hundred square feet of

unencumbered space; covered and enclosed exercise areas shall provide a

minimum of one thousand square feet of unencumbered space. Exercise

areas shall be adequate in size and type to ensure that each inmate

shall be offered at least one hour of access daily regardless of

climatic conditions.

(11) Multi-purpose and interview rooms. The facility shall provide

a minimum of one accessible multi-purpose room and one accessible

interview room.

(12) Program area toilets. The facility shall provide toilets with

some degree of privacy and wash basins, which are accessible to

inmates, in or adjacent to activity areas.

(13) Visiting spaces. The facility shall provide a secure visiting

room and, when appropriate, space in which contact visiting can occur.

The space shall facilitate staff observation of visiting. The facility

shall provide secure space outside the security perimeter for the

storage of visitors' personal items.

(14) Food service spaces. When the facility provides for food

preparation, it shall have adequate space for food processing, storage,

refrigeration and sanitation. Toilet and wash basin facilities shall be

available to food service personnel and inmates in the vicinity of the

food preparation area. The square footage of the kitchen shall be

appropriate to the needs of the facility. If dining occurs outside the

dayroom, the facility shall provide a minimum of fifteen square feet

per occupant.

(15) Storage space. The facility shall provide the following

storage spaces:

(i) a secure, well-ventilated janitor closet, which includes sink

and adequate space for the storage of cleaning implements and supplies;

(ii) secure storage, located outside the secure area, for

flammable, toxic and caustic items; and

(iii) storage for inmate clothing, bedding, mattresses, personal

hygiene items and facility supplies.

(16) Laundry. The facility shall provide access to laundry services

or laundry space and equipment.

(17) Booking. The facility shall provide an intake/booking and

release area which shall be located inside the security perimeter, but

outside inmate living quarters. The booking area shall include:

(i) an intake/booking work area;

(ii) sallyport;

(iii) access to operable toilets, with some degree of privacy, wash

basins, drinking water and showers;

(iv) space for alcohol and drug testing equipment;

(v) space for inmate identification equipment;

(vi) a secure, well-ventilated storage room for inmates' personal

property;

(vii) telephone(s), which can be used by inmates;

(viii) private interview spaces;

(ix) temporary holding rooms or waiting spaces with sufficient

fixed seating for all inmates at their rated capacities; and

(x) access to continuously observable protective holding cells for

the safe holding of intoxicated individuals.

(18) Medical examination room. The facility shall provide a space

in which private medical examinations of inmates can occur. The space

shall provide for private examination of patients, hand washing,

storage of equipment used in the examination room and a work surface

for health care personnel.

(19) Staff toilets. The facility shall provide staff toilets that

shall not be used by inmates inside the secure area of the facility.

(20) Public spaces. The facility shall provide public restroom(s)

and a public lobby with an adequate number of seats to accommodate

anticipated visitors outside the secure perimeter.

(21) Administration. The facility shall provide adequate space for

its administrative functions. This space shall include an office for

the administrator, work space for clerical staff, space for duplicating

equipment, supply and equipment storage, space for storage of facility

records and space for meetings.

(22) Staff. The facility shall provide adequate space for staff

assigned to work in the facility. These spaces shall include an area in

which they can store personal property, change clothes and shower and

an area in which training, meetings, briefings and breaks can occur.

(23) Mechanical. The facility shall provide separate and adequate

space for mechanical systems and equipment.

(g) Existing construction--(1) Occupancy by one inmate. Only one

inmate shall occupy each cell or detention room designed for single

occupancy.

(2) Single occupancy space requirements. All single rooms or cells

shall have at least sixty square feet of floor space, provided inmates

spend no more than ten hours per day locked in. When confinement

exceeds ten hours per day, there shall be at least seventy square feet

of floor space.

(3) Multiple occupancy space requirements. Where used, multiple

occupancy rooms or cells shall house inmates, who have been screened

for suitability to and classified for group living. The rooms shall

provide:

(i) continuous observation by staff;

(ii) a minimum of fifty square feet of floor space per occupant in

the sleeping area and a clear floor-to-ceiling height of not less than

eight feet;

(iii) natural light;

(iv) a toilet(s) with some degree of privacy;

(v) an operable wash basin(s) with hot and cold running water;

(vi) access to showers; and

(vii) beds above floor level and a locker or container for each

occupant's belongings.

(4) Single occupancy furnishings and conditions (general

population). Each room or cell shall have, at a minimum:

(i) natural light;

(ii) toilet facilities with some degree of privacy that are located

above floor level and that are available for use without staff

assistance twenty-four hours a day;

(iii) a wash basin with hot and cold running water;

(iv) access to showers; and

(v) a bed above floor level, a desk or writing surface, safety-type

hooks or closet space, and a chair or stool.

(5) Single occupancy furnishings and conditions (special

management). Segregation rooms shall provide living conditions that

approximate those of the general inmate population; all exceptions

shall be clearly documented. Each room or cell shall have, at a

minimum:

(i) natural light;

(ii) a minimum of seventy square feet of floor space;

(iii) toilet facilities with some degree of privacy that are

located above floor level and are available for use without staff

assistance twenty-four hours a day;

(iv) access to showers;

(v) hot and cold running water; and

(vi) a bed at or above floor level, a desk or writing surface, and

a stool.

(6) Space, furnishings and conditions for dayrooms. The facility

shall provide separate dayroom space. The dayroom shall provide:

(i) a minimum of thirty-five square feet of space per inmate

exclusive of lavatories;

(ii) showers and toilets with some degree of privacy; and

(iii) seating and writing surfaces, appropriate to the

classification which uses this space, sufficient for the number of

inmates who use the dayroom at one time.

(7) Toilets. The facility shall provide operable toilets at a

minimum ratio of one for every twelve inmates in male facilities and

one for every eight inmates in female facilities. Urinals may be

substituted for up to one-half of the toilets in male facilities. All

housing units with three or more inmates shall have two toilets.

(8) Wash basins. Inmates shall have access to operable wash basins

with hot and cold running water in the housing units at a minimum ratio

of one basin for every twelve occupants.

(9) Showers. Inmates shall have access to operable showers with

temperature-controlled hot and cold running water at a minimum of one

shower for every eight inmates. Water for showers shall be controlled

thermostatically to temperatures ranging from one hundred degrees to

one hundred-twenty degrees Fahrenheit.

(10) Housing for the disabled. Disabled inmates shall be housed in

a manner that provides for their safety in compliance with 25 U.S.C.

794 (the Rehabilitation Act of 1973) as amended, 41 CFR 101-19.6

(Uniform Federal Accessibility Standards), and 43 CFR Part 17, yet

prevents their being discriminated against in their use of the

facility.

(11) Work or education release housing. Inmates who participate in

work or education release programs shall be housed separately from

inmates in the general population.

(12) Exercise and recreation. The facility shall provide secure

outdoor, covered or enclosed exercise areas. Exercise areas shall be

adequate in size and type to ensure that each inmate shall be offered

at least one hour of access daily regardless of climatic conditions.

(13) Program Spaces. The facility shall provide a minimum of one

accessible multi-purpose room.

(14) Visiting Spaces. The facility shall provide a visiting room,

which allows staff to observe visiting.

(15) Dining. If dining occurs outside the dayroom, the facility

shall provide a minimum of fifteen square feet per occupant.

(16) Food Service Spaces. When the facility provides for food

preparation, it shall have adequate space for food processing, storage,

refrigeration and sanitation. Toilet and wash basin facilities shall be

available to food service personnel and inmates in the vicinity of the

food preparation area. The square footage of the kitchen shall be

appropriate to the needs of the facility.

(17) Janitor closet. The facility shall provide a secure, well-

ventilated janitor closet, which includes sink and adequate space for

the storage of cleaning implements and supplies.

(18) Storage of toxic, flammable and caustic items. The facility

shall provide secure storage, outside the secure area, for flammable,

toxic and caustic items.

(19) Clothing and supply storage. The facility shall provide

storage space for inmate clothing, bedding, mattresses, personal

hygiene items and facility supplies.

(20) Laundry. The facility shall provide access to laundry services

or laundry space and equipment.

(21) Booking. The facility shall provide an intake/booking and

release area which shall be located inside the security perimeter, but

outside inmate living quarters. The booking area shall include:

(i) an intake/booking work area;

(ii) sallyport;

(iii) access to operable toilets, wash basins, drinking water and

showers;

(iv) space for alcohol and drug testing equipment;

(v) space for inmate identification equipment;

(vi) a secure, well-ventilated storage room for inmates' personal

property;

(vii) telephone(s), which can be used by inmates;

(viii) private interview spaces;

(ix) temporary holding rooms or waiting spaces with sufficient

fixed seating for all inmates at their rated capacities; and

(x) access to continuously observable protective holding cells for

the safe holding of intoxicated individuals.

(22) Medical examination room. The facility shall provide a space

in which private medical examinations of inmates can occur. The space

shall provide for private examination of patients, hand washing,

storage of equipment used in the examination room and a work surface

for health care personnel.

(23) Staff toilets. The facility shall provide staff toilets inside

the secure area of the facility that inmates shall not use.

(24) Public spaces. The facility shall provide public restroom(s)

and a public lobby with an adequate number of seats to accommodate

anticipated visitors outside the secure perimeter.

(25) Administration. The facility shall provide adequate space for

its administrative functions.

(26) Staff. The facility shall provide adequate space for staff

assigned to work in the facility.

(27) Mechanical. The facility shall provide separate and adequate

space for mechanical systems and equipment.

Sec. 10.13 Institutional operations.

(a) Security and control.--(1) Perimeter access. All security

perimeter entrances and control center doors shall be kept locked,

except when used for supervised entry or exit of employees, inmates, or

visitors and in emergencies.

(2) Location of detention officer posts. Detention officer posts

shall be located in or immediately adjacent to inmate living areas to

permit officers to hear and respond promptly to emergency situations.

(3) Full coverage of detention officer posts. Staff shall be

provided for full, around-the clock coverage of designated security

posts, full surveillance of inmates and performance of other detention

functions.

(4) Supervision of high security areas. A staff member shall enter

a high security area only when another staff member is immediately

available to provide assistance.

(5) Supervision of coed activities. Facility staff shall supervise

male and female inmates in coed activities and spaces continuously and

directly.

(6) Male and female staff requirement. When both males and females

are housed in the facility, at least one male and female staff member

shall be on duty at all times.

(7) Prohibited supervision. No inmate or group of inmates shall be

given control or authority over other inmates.

(8) Cell checks. A detention officer personally shall observe high

and medium security inmates at least every thirty minutes, but on an

irregular schedule. The administrator shall require observation every

fifteen minutes for inmates who are mentally disordered or who

demonstrate unusual or bizarre behavior and continuous observation of

suicidal inmates.

(9) Counts. The facility shall have a system to physically count

inmates that includes strict accountability for inmates assigned to

work and education release and other approved temporary releases.

(10) Movement. Detention staff shall regulate inmate movement.

(11) Transportation of inmates. The administrator shall govern the

safe and secure transportation of inmates outside the facility.

(12) Use of vehicles. The administrator shall govern the use of

departmental and personal vehicles for official purposes and shall

prohibit the use of personal vehicles for transportation of inmates.

(13) Shift activity log. The facility shall maintain a written

record of the following:

(i) personnel on duty;

(ii) inmate population at the beginning and end of each shift;

(iii) record of counts taken;

(iv) shift activities;

(v) entry and exit of professional and other visitors;

(vi) unusual occurrences or incidents;

(vii) hours of programs provided; and

(viii) clothing and linen exchange.

(14) Weekly inspection. The administrator or designee shall inspect

all facility spaces and devices at least weekly to determine the status

of all security items and the sanitary condition of the facility. The

administrator or designee shall document the inspection and shall

initiate corrective action if needed.

(15) Monthly inspection. The administrator shall inspect all areas

of the facility at least monthly to inventory security equipment to

determine numbers, usefulness and expiration dates, to determine the

status of all security and safety items, and to determine the sanitary

condition of the facility. The administrator shall document the

inspection and shall initiate corrective action if needed.

(16) Fire safety inspection. A qualified fire protection specialist

shall inspect the facility to test the fire suppression and detection

system, equipment and facility training in compliance with 29 CFR

1910.36(d), 1910.37(m), 1910.37(n), 1910.38, and 29 CFR 1960, Subpart

D.

(17) Use of restraints. Staff shall use instruments of restraint

only as a precaution against escape during transfer, for medical

reasons at the direction of the health authority, and as a prevention

against inmate self-injury, injury to others or property damage. Staff

shall apply restraints only with the approval of the administrator or

designee and only for the amount of time that is absolutely necessary.

(18) Security equipment issue. The administrator shall maintain a

written record of routine and emergency distributions of security

equipment.

(19) Contraband control. The administrator shall provide for

searches of facilities and inmates to control contraband and to provide

for its disposition. When a new crime is suspected, the administrator

shall be notified. The administrator shall maintain and make available

to the appropriate authorities all evidence.

(20) Body cavity and visual inspections. Manual or instrument

inspection of inmate body cavities shall be conducted only by health

care staff, when there is reason to do so, and when authorized by the

administrator or designee. Trained staff shall conduct visual

inspections of unclothed inmates only when there is a reasonable belief

that the inmate is carrying contraband or other prohibited material.

Medical personnel shall conduct all manual or instrument inspections in

private. Trained staff of the same sex as the inmate shall conduct all

visual inspections in private.

(21) Key and tool control. The administrator shall govern the

control, issuance, use and storage of keys, tools and culinary and

medical equipment.

(22) Use of force and firearms. The facility shall comply with 25

CFR 11.304 with regard to the use of force, firearms, chemical agents,

or any other weapon.

(b) Safety and emergency procedures--(1) Fire prevention. The

administrator shall govern the storage and use of all flammable, toxic

and caustic materials, the use of non-combustible receptacles for

smoking materials, the amount of personal items, including reading

materials, which inmates may keep in their living units and the amount

and location of items stored in the facility.

(2) Preventive maintenance. The administrator or designee shall

develop a written plan for preventive maintenance of the facility. The

administrator shall review the plan annually and shall update it as

needed. If tribally operated, the plan shall be supported by a

Memorandum of Agreement between the tribe and the Agency.

(3) Emergency system testing. In compliance with 29 CFR 1910.38,

emergency power generators shall be inspected weekly and tested under

load at intervals of not more than thirty days.

(4) Evacuation plan. The administrator shall develop a written

evacuation plan prepared in case of fire or major emergency. The plan

shall comply with 29 CFR 1910.38 or comparable tribal code. The

applicable Safety Officer or designee shall review and approve the plan

initially and annually. The administrator shall update and reissue the

plan if necessary. The plan shall include:

(i) means of immediate release of inmates from locked areas;

(ii) location of floor plans;

(iii) use of exit signs and directional arrows for traffic flow;

(iv) location of a publicly posted plan;

(v) at least quarterly drills in all facility locations; and

(vi) coordination with the fire department which services the

facility.

(5) Emergency plans. The administrator or designee shall develop

written plans that specify procedures to be followed in emergency

situations. The administrator shall make these plans available to

applicable personnel and shall review and update them at least

annually. All facility personnel shall be trained in the implementation

of these plans. Emergency situations shall include, but not be limited

to:

(i) riots and disturbances;

(ii) hunger strikes;

(iii) hostage situations;

(iv) work stoppages;

(v) unattended deaths, including successful suicides;

(vi) attempted suicides;

(vii) escapes and unauthorized absences; and

(viii) other threats to the security of the facility.

(6) Incident reporting. The administrator shall require the

immediate reporting of all incidents that result in physical harm to

any person, threaten the safety of any person, result in the need for

emergency care, result in damage to the facility or facility property,

threaten the security of the facility, or involve the commission of a

criminal offense. The administrator shall forward the reports to the

Agency Superintendent through the appropriate chain of command.

(7) Medical treatment (incident). The administrator or designee

shall ensure that all persons injured in an incident receive an

immediate medical examination and treatment.

(8) Notification of family. The administrator shall provide for the

notification of persons designated by the inmate in the event of

serious illness, injury or death.

(c) Rules and discipline--(1) Rules of conduct. The administrator

shall develop written rules of inmate conduct that specify acts

prohibited within the facility and penalties that may be imposed for

various degrees of violations. The administrator or designee shall

provide these rules to all inmates and shall ensure that all inmates

understand them. All personnel who deal with inmates shall receive

sufficient training prior to working in the facility to be thoroughly

familiar with the rules of inmate conduct, the sanctions available and

the rationale for the rules. The administrator shall review the written

rules of inmate conduct annually and update them, if necessary, to

ensure that they are consistent with constitutional and legal

principles and BIA and tribal standards and codes.

(2) Minor infractions. The administrator shall provide guidelines

for the informal resolution of minor inmate misbehavior.

(3) Grievance procedure. The administrator or designee shall make a

written grievance procedure available to all inmates. The procedure

shall include at least one level of appeal.

(4) Criminal violations. In instances in which an inmate is alleged

to have committed a crime, the administrator or designee shall refer

the case to the appropriate law enforcement officials for possible

prosecution.

(5) Disciplinary reports. When rule violations require formal

resolution, staff members shall prepare a disciplinary report and

forward it to the administrator or designee. The disciplinary report

shall include, but not be limited to:

(i) specific rules violated;

(ii) a formal statement of the charge(s);

(iii) an explanation of the event, which shall include who was

involved, what transpired and the time and location of the occurrence;

(iv) unusual inmate behavior;

(v) staff witnesses;

(vi) disposition of any physical evidence;

(vii) any immediate action taken, including the use of force;

(viii) reporting staff member's signature; and

(ix) date and time the report is made.

(6) Disciplinary process. Inmates shall receive notification of the

rules violated, a formal statement of the charge, a description of the

incident and notice of the date and time of hearing. The administrator

or designee shall advise inmates of their rights to be present at the

hearing, to call witnesses on their behalf, to make a statement, to

present documentary evidence, and to ask for assistance from staff in

representing them at the hearing. An impartial person or panel of

persons shall conduct the hearing.

(7) Pre-hearing detention. The administrator shall provide for the

pre-hearing segregation of inmates who are charged with a rule

violation if the safety of the inmate, other inmates, staff or the

security of the facility is at stake.

(8) Disciplinary detention. The administrator or designee shall

place inmates in disciplinary detention for a rule violation only after

a hearing.

(9) Record of disciplinary hearing. The persons conducting the

disciplinary hearing shall make a written copy of the decision and its

disposition and shall provide copies to the inmate and administrator

for review. Inmates shall have the right to appeal the decision to the

administrator or the next level of authority. The disciplinary report

shall be removed from all files of inmates found not guilty of an

alleged rule violation.

(d) Special management and segregation--(1) Types. When special

management units exist, the administrator shall govern the supervision

of inmates in the following categories: administrative segregation,

disciplinary segregation, protective custody and medical segregation.

(2) Immediate segregation. The administrator or designee may order

immediate segregation when it is necessary to protect the inmate or

others. This action shall be reviewed within three working days by the

classification, disciplinary or appropriate authority, depending on the

type of segregation ordered.

(3) Administrative segregation and protective custody. The

administrator or designee shall classify inmates to special management

for administrative segregation or protective custody only when there is

documentation that this action is warranted and that no reasonable

alternatives are available.

(4) Medical/mental health segregation. The administrator shall

classify inmates to special management for medical reasons only at the

direction of the health authority.

(5) Review of special management status and inmates. The

administrator or designee shall review the status of special management

inmates every five working days. A supervisor shall visit inmates in

special management daily; program staff shall visit on request.

(6) Release from special management. A review process shall be used

to release an inmate from special management.

(7) Supervision. A detention officer shall personally observe all

special management inmates at least every fifteen minutes on an

irregular schedule. A detention officer shall personally observe

inmates who are violent, mentally disordered, have medical conditions

requiring a higher degree of supervision, or who demonstrate unusual or

bizarre behavior, more frequently. A detention officer shall

continuously observe suicidal inmates. The facility shall maintain a

permanent log of significant events and activities in the special

management unit.

(8) Special management operations. The administrator or designee

shall give all inmates in special management the opportunity to shave

and shower at least three times a week and to write and receive

correspondence on the same basis as inmates in general population. The

administrator or designee shall grant inmates in special management

access to legal and reading materials, telephone access to their legal

representative and to family members in emergencies as defined by the

administrator or designee. Inmates in special management shall receive

the same meals as inmates in general population and shall retain the

right to practice their religion, subject only to the limitations

necessary to maintain institutional order and security.

(9) Privileges (all special management inmates). Unless there are

substantial, documented reasons for withholding these privileges, the

administrator or designee shall provide to all inmates in special

management linen, clothing, bedding, barbering and hair care services

on the same basis as inmates in general population. Inmates in special

management shall be allowed opportunities for visiting, shall receive a

minimum of one hour of exercise a day, outside their cells, five days a

week, and shall be granted access to their legal representative.

(10) Privileges (non-disciplinary detention). Unless there are

substantial, documented reasons for withholding these privileges, all

inmates in special management except for those in disciplinary

detention shall have telephone privileges approved by the administrator

and shall have access to the same type of programs and services as are

available to inmates in general population.

(11) Deprivation of activity or item. Whenever an inmate in special

management is deprived of any usually authorized item or activity, the

supervisor shall complete a report of the action and forward it to the

administrator within one working day.

(e) Inmate rights--(1) Access to courts, counsel and legal

materials. Inmates shall have the right to have access to attorneys,

legal representatives, the courts and legal materials and to address

uncensored communications to governmental authorities.

(2) Freedom from discrimination. Inmates shall have the right to be

free from discrimination based on race, religion, national origin,

tribal affiliation, sex, disability, political beliefs, favoritism or

nepotism. Inmates shall have the right to equal access to programs and

work assignments as provided in the classification program.

(3) Equal access for women. Male and female inmates shall have the

right to equal access to programs and services.

(4) Right to communicate. Inmates shall have the right to receive

visits and to communicate or correspond with persons or organizations,

subject only to the limitations necessary to maintain order and

security.

(5) Protection from harm. Inmates shall have the right to

protection from personal abuse, corporal punishment, personal injury,

disease, property damage and harassment, by either staff or inmates.

(6) Freedom of personal grooming. Inmates shall have the right to

determine the length and style of scalp or facial hair, unless health

and safety reasons exist.

(7) Treatment. Inmates shall have the right to medical, dental,

mental health and substance abuse treatment and rehabilitative services

as directed by the health authority.

(f) Booking--(1) Booking process. Written procedures for booking

new inmates shall include, at a minimum:

(i) verification of court commitment papers or other legal

documentation for detention;

(ii) complete search of the individual and possessions;

(iii) inventory and storage of clothing and personal property;

(iv) health screening, including tests for infectious diseases as

required by the health authority;

(v) emergency health assessment, as required by law, regulations or

policies of the health authority;

(vi) opportunity to make at least three local or collect long-

distance telephone calls;

(vii) shower, hair care and treatment for ectoparasites if

necessary;

(viii) issue of clean clothing and personal hygiene items;

(ix) completion of a booking form as required by these standards;

(x) suicide screening;

(xi) orientation, classification and assignment to a housing unit;

and

(xii) optional photographing and/or fingerprinting.

(2) Mass arrests. Written plans shall govern temporary space

arrangements and procedures to be followed in the event of a mass

arrest that exceeds the maximum capacity of the facility. The

administrator or designee shall update the plans as needed and review

them at least annually.

(3) Suicide screening. The administrator shall ensure that all

inmates shall be screened for risk of suicide at the time of booking.

When a risk is identified, detention staff shall make an emergency

referral to the health authority for evaluation by a health care

professional and shall monitor the inmate until the assessment has been

completed.

(4) Orientation. All newly admitted inmates shall receive written

or oral information in the language they understand. The admitting

officer shall document completion of orientation by a statement that

shall be signed and dated by the inmates. The facility shall separate

newly admitted inmates until completion of the orientation process. The

orientation shall include, but is not limited to:

(i) inmate rules of conduct and potential disciplinary actions that

may be taken;

(ii) programs and services available in the facility;

(iii) procedures for accessing health care services; and

(iv) inmate rights and privileges.

(5) Personal property inventory. The admitting officer shall

complete a written, itemized inventory of all personal property of

newly admitted inmates and shall store securely all inmate property,

including money and other valuables. The admitting officer shall give

the inmate a receipt for all property held until release.

(6) Regulation of inmate property. The administrator or designee

shall identify personal property that inmates may receive or keep in

their possession while in the facility, the sources from which these

items may be obtained and how these items are received and inspected.

(g) Classification--(1) Classification policy. The administrator or

designee shall provide for inmate classification in terms of the

custody level, housing assignment and program participation. The

administrator shall review these policies and procedures annually and

update them as necessary.

(2) Classification plan. The administrator or designee shall

develop a written classification plan, which includes, at a minimum:

(i) criteria and procedures for determining and changing the status

of an inmate relative to custody, transfer and major changes in program

participation;

(ii) an appeals process for classification decisions; and

(iii) the separate management of the following categories of

inmates: male and female, criminal and witnesses/civil, education and

work release, special needs inmates (substance abusers, disabled,

etc.), juveniles (if detained if held in this facility in accordance

with standards) and special management (disciplinary segregation,

administrative segregation, protective custody and medical

segregation).

(3) Prohibited segregations. The administrator shall prohibit the

segregation of inmates by race, color, creed, tribal affiliation,

national origin, political beliefs, nepotism, favoritism or other

prohibited criteria.

(h) Food service--(1) Food service records. At a minimum, the

facility shall maintain records of the number of meals served to the

inmate population, the expenditures for food supplies and menus

(planned and as served).

(2) Dietary allowances. The facility shall document that a

registered dietician reviews dietary allowances at least annually to

ensure compliance with nationally recommended food allowances. A diet

manual, approved by a registered dietician, shall guide dietary

allowances, including special diets.

(3) Menu planning. The administrator or designee shall plan, date

and make all menus available for review at least one week in advance.

The administrator or designee shall make notations of any

substitutions, which shall be of equal nutritional value, in the meals

actually served. The administrator or designee shall consider Native

American food preferences in menu planning. The administrator or

designee shall direct that menu evaluations shall be conducted at least

quarterly to verify adherence to the nationally recommended basic daily

servings.

(4) Medical special diets. The administrator or designee shall

provide for special diets that are prescribed by appropriate medical or

dental personnel.

(5) Religious preference special diets. The administrator or

designee shall provide for special diets for inmates whose beliefs

require adherence to religious dietary laws.

(6) Food and discipline. The administrator shall prohibit the use

of food as a disciplinary measure.

(7) Health protection. Food service facilities and equipment shall

meet health and safety standards. Food service personnel and inmates

working in the food service area shall comply with applicable health

regulations. The administrator or designee shall document compliance

with health and safety regulations, including but not limited to, a

pre-assignment medical examination.

(8) Inspections of food products. The appropriate government agency

shall inspect and approve food products that are grown or produced

within the system. The administrator or designee shall implement a

distribution system that ensures prompt delivery of foodstuffs.

(9) Inspection of food service area. The administrator or designee

shall conduct a weekly inspection of all food service areas and

equipment to ensure that they are sanitary, that all food storage areas

are temperature controlled, and that food service personnel have made

daily checks of refrigerator and water temperatures.

(10) Meal service. The facility shall serve meals under the direct

supervision of staff. The facility shall provide at least three meals,

of which two shall be hot, served at regular meal times during each

twenty-four hour period, with no more than fourteen hours between the

evening meal and breakfast. Provided that basic nutritional goals are

met, variations may be allowed based on weekend and holiday food

service demands.

(i) Sanitation and hygiene--(1) Water supply. The administrator

shall maintain documentation that the entity which provides the

facility's water source, supply, storage and distribution system meets

the requirements of 42 U.S.C. 300g-6 (the Safe Drinking Water Act).

(2) Sewage system. The administrator shall maintain documentation

that entity which provides the facility's sewage system complies with

33 U.S.C. 1251 et seq. (the Clean Water Act of 1977.

(3) Sanitation plan. The administrator or designee, in cooperation

with the BIA or tribal maintenance program, shall develop a written

housekeeping plan for all areas of the physical plant. The

administrator or designee shall update the plan as needed and review it

at least annually. The plan shall provide for daily housekeeping and

regular maintenance by assigning specific duties to staff, inmates and

BIA or tribal Facility Maintenance. The plan shall require that:

(i) facility floors be kept clean, dry and free of hazardous

substances;

(ii) a qualified person conduct monthly inspections to control

vermin and pests;

(iii) solid and liquid wastes be disposed of properly;

(iv) clean, suitable and presentable clothing, bedding, linens and

towels be issued to new inmates and exchanged on at least a weekly

basis;

(v) necessary cleaning and storage of inmate personal clothing be

provided;

(vi) articles needed for personal hygiene be furnished; and

(vii) sufficient facilities in the housing areas to permit inmates

to shower or bathe on admission to the facility and daily thereafter.

(4) Special clothing issue. The facility shall provide for the

issue of special, and where appropriate, protective clothing and

equipment to inmates participating in special work assignments. Such

clothing shall be available in quantities that permit exchange as

frequently as the work assignment requires.

(5) Hair care. The administrator or designee shall allow inmates to

arrange for hair cutting services.

(j) Health care--(1) Written health care plan. A written plan shall

provide for the delivery of health care services, including medical,

dental, mental health and substance abuse treatment, under the control

of a designated health authority. The plan shall include the

participation of the Indian Health Service (IHS), social services and

tribal health care providers. A Memorandum of Agreement between the

administrator and the Director of the appropriate Indian IHS Service

Unit or IHS contract health care provider shall document the health

care plan. When this authority is other than a physician, final medical

judgment shall rest with a single responsible physician, designated by

the appropriate health authority, who shall meet the applicable

licensure requirements.

(2) Health program coordinator. In facilities without full-time,

qualified health personnel, a health-trained staff member shall

coordinate the health care delivery system in the facility under the

joint supervision of the responsible health authority and the

administrator.

(3) Annual review. The administrator and the health authority shall

update the plan as needed, review it annually to determine program

needs including staffing, equipment and supplies and document its

review by signature and date.

(4) Medical/mental health judgment. Medical, dental and mental

health matters involving clinical judgements shall be the sole province

of the responsible physician, dentist and/or psychiatrist or qualified

psychologist.

(5) Security regulations. Security regulations applicable to

facility personnel shall apply to health personnel.

(6) Meetings with provider . The health authority shall meet with

the administrator or designee at least quarterly to review and evaluate

the health care delivery system. The health authority shall provide an

annual statistical report which documents the level and amount of

health care services provided.

(7) Review of health care policies. The health authority and the

administrator shall review and approve all policies and procedures

relative to the health care plan prior to submission of these policies

to the Chief, Division of Law Enforcement. Policies and procedures

shall be reviewed at least annually and documented by signature and

date.

(8) Health training program. The responsible health authority, in

cooperation with the administrator, shall establish a health training

program. The program shall provide instruction in the following areas:

(i) appropriate procedures to prevent the spread of communicable

diseases;

(ii) the ability to respond to health-related situations within

four minutes;

(iii) recognition of signs, symptoms and actions required in

potential emergency situations;

(iv) recognition of chronic illness;

(v) administration of first aid and cardiopulmonary resuscitation

(CPR);

(vi) methods of obtaining assistance from the health care provider;

(vii) recognition of signs and symptoms of and management of

inmates with mental illness, retardation, emotional disturbance,

chemical dependency and suicidal behavior; and

(viii) procedures for patient transfers to appropriate medical

facilities or health care providers.

(9) Sick call. The administrator or designee shall provide for the

collection and referral of inmate requests for health care.The facility

shall have a system of sick call in-house or at the health care

facility. The system shall provide for referral of inmates by staff for

medical or other behavioral health evaluation, i.e, mental health,

substance abuse, suicide. Sick call shall be held no less than once per

week.

(10) Twenty-four-hour emergency care. The administrator and health

authority shall develop a written plan for the provision of twenty-four

hour emergency medical, dental and mental health care. The

administrator and the health authority shall update the plan as needed

and review it at least annually. At a minimum, the plan shall include:

(i) emergency evacuation of the inmate from the facility;

(ii) emergency evaluation of the inmate for medical or mental

health problems;

(iii) use of an emergency medical vehicle;

(iv) use of one or more designated hospital, clinic, emergency on-

call physician, dentist, psychiatrist, qualified psychologist or

otherwise qualified clinician; and

(v) security procedures that provide for the immediate transfer of

inmates when appropriate.

(11) Health care treatment. Health care staff or health-trained

detention staff shall perform treatment pursuant to written direct

orders by personnel authorized by law to give such orders.

(12) Medical/mental health management of inmates. Qualified health

care personnel, in conjunction with detention staff, shall develop a

written plan for the management of inmates with medical, mental health

and substance abuse problems, including suicide risks.

(13) Licensure requirements. The health authority shall comply with

all applicable federal law, licensure requirements, rules, regulations

and medical protocols in the delivery of health care services to the

inmate population.

(14) Traditional practitioners. The facility shall allow inmates to

participate in or receive traditional healing ceremonies and to use

traditional healing methods, limited only to the degree necessary to

preserve institutional security and order.

(15) Prohibited use of detainees. Inmates shall not perform direct

patient services, schedule health care appointments, determine access

of other inmates to health care services, access first aid kits, handle

or have access to surgical instruments, syringes, needles, medications,

or health records, or operate equipment for which they are not trained.

(16) Management of medications. The administrator and health

authority shall provide for the proper management of individual doses

of medications kept in the facility. The administrator and health

authority shall review the policy annually and update it as needed.

(17) Administration of medications. The administrator or designee

shall ensure that persons administering medications have received

training appropriate to their assignment. Employees shall administer

medications according to direct or physician orders and shall record

the administration of medications in a manner and on a form approved by

the responsible physician.

(18) Preliminary health care screening. Health-trained staff shall

perform medical screening of all inmates on arrival at the facility and

record findings on a printed screening form approved by the health

authority. The screening process shall include:

(i) inquiry into:

(A) current and chronic illness and health problems, including

dental problems and suicidal thoughts;

(B) sexually transmitted diseases and other infectious diseases;

(C) medication taken and special health requirements;

(D) use of alcohol and other drugs, which includes types of drugs

used, mode of use, amount used, frequency used, date or time of last

use and history of problems that may have occurred after ceasing use

(e.g., convulsions);

(E) past or present treatment or hospitalization for mental

disturbance or suicide;

(F) other health problems designated by the responsible physician;

and

(G) mental illness;

(ii) observation of:

(A) behavior, including state of consciousness, mental status,

appearance, conduct, tremor or sweating; and

(B) body deformities, trauma markings, bruises, lesions, jaundice

and ease of movements; and

(iii) disposition to:

(A) housing in general population;

(B) housing in general population and referral to appropriate heath

care service or substance abuse treatment provider; and/or

(C) referral to appropriate health care service on an emergency

basis.

(19) Health appraisal. The health authority shall provide a health

appraisal for each inmate within seven days of admission. A health-

trained professional or otherwise qualified personnel shall collect

health history and vital signs. Only qualified health care personnel

shall collect other data. The health appraisal shall include:

(i) review of the intake health screening and emergency medical

assessment if performed;

(ii) screening for diet counselling for medical reasons;

(iii) collection of additional data to complete the medical,

dental, psychiatric and immunization histories, with attention to

elements that may indicate the presence of chronic disease, such as

diabetes;

(iv) recording of height, weight, pulse, blood pressure and

temperature;

(v) administration of laboratory and other tests and examinations

as appropriate;

(vi) notation of additional comments as needed; and

(vii) initiation of therapy as appropriate.

(20) Health examination. Qualified health care personnel shall

complete a health examination for each inmate within thirty days of

admission. The examination shall include:

(i) a ``hands-on'' examination by an appropriately licensed health

care professional;

(ii) dental screening, hygiene and treatment when the health of the

inmate would be adversely affected;

(iii) mental health appraisal; and

(iv) additional health care services as indicated by qualified

health care personnel.

(21) First aid kits. The administrator shall ensure that first aid

kits are available in designated areas of the facility as determined by

the Safety Officer during the annual inspection. The health care

provider shall determine the appropriate content of first aid kits.

(22) Special medical/mental health programs. The health authority

shall provide specialized health education and treatment programs,

including, but not limited to, personal hygiene, diet and exercise,

family planning, communicable diseases, including sexually transmitted

diseases and substance abuse education, prevention, intervention and

treatment.

(23) Serious and infectious disease. The administrator and health

authority shall develop a written plan for the management of inmates

with serious and infectious disease. The administrator and health

authority shall update the plan as needed and review it at least

annually. The plan shall include, at a minimum:

(i) precautions taken to prevent the spread of disease;

(ii) special needs or requirements of the inmate;

(iii) procedures for treatment, limiting activities, if

appropriate, legally mandated reporting and medical pass-on as directed

by the health authority; and

(iv) housing location.

(24) Detoxification. The administrator and health authority shall

develop a written plan to guide the clinical management of chemically

dependent inmates. The plan shall specify the process for involving the

health authority and the substance abuse program on both a continuing

and crisis-intervention basis. The plan shall include:

(i) assessment as warranted;

(ii) detoxification under clinically supervised conditions;

(iii) diagnosis of chemical dependency;

(iv) determination as to whether an individual requires non-

pharmacologically or pharmacologically supported care; and

(v) referrals to specified community resources for the development

of individual treatment plans by a multi-disciplinary team.

(25) Substance abuse programming. The administrator and health

authority shall develop a written plan to provide substance abuse

education, intervention, assessment and treatment to inmates who are

diagnosed as substance abusers. The administrator, health authority and

substance abuse program provider shall update the plan as needed and

review it at least annually. The plan shall link existing community

programs and services to the facility program. The plan shall include,

at a minimum:

(i) assessment and evaluation;

(ii) referral for treatment, if requested or court-ordered; and

(iii) availability of appropriate self-help groups.

(26) Informed consent. The health authority shall observe informed

consent standards of the community for all inmate care, examinations,

treatments and procedures affected by informed consent. In the case of

minors, the informed consent of a parent, guardian or legal custodian

shall apply when required by law. Health care shall be rendered against

an inmate's will only in accordance with law.

(27) Participation in research. The health authority shall prohibit

the use of inmates for medical, pharmaceutical, or cosmetic

experiments. This standard shall not preclude individual treatment of

an inmate based on need for a specific medical procedure that is not

generally available.

(28) Confidentiality of health records. In compliance with 5 U.S.C.

552(a) (the Privacy Act of 1974) as amended and 42 CFR Part 2

(Regulations on Confidentiality of Alcohol and Drug Abuse Patient

Records), the health authority shall keep the health record

confidential. The health authority shall require that, at a minimum:

(i) the active health record shall be maintained separately from

the confinement record;

(ii) access to the health record shall be controlled by the health

authority; and

(iii) the health authority shall share with the administrator or

designee information regarding an inmate's medical management, security

and the ability to participate in programs.

(29) Medical record contents. The health authority shall approve

the method of recording entries in the record and the form and format

of the record. An inmate's medical/mental health record shall contain:

(i) copies of the completed intake screening form;

(ii) the health appraisal data collection form;

(iii) prescribed medications and their administration;

(iv) laboratory, x-ray and diagnostic studies;

(v) the signature and title of each documenter;

(vi) consent and refusal forms;

(vii) release of information forms;

(viii) place, date and time of health encounters;

(ix) discharge summary of hospitalization (if applicable); and

(x) health service reports (e.g., dental, psychiatric and other

consultations).

(30) Transfer of health information and records. Summaries or

copies of the health record shall be sent routinely to the health

authority of any facility to which the inmate is transferred. The

inmate shall authorize, in writing, the transfer of health records and

information, unless otherwise provided by law or administrative

regulation having the force and effect of law.

(k) Release--(1) Court programs. The facility shall cooperate with

and assist in coordinating court intervention and diversion programs,

pretrial release and probation services.

(2) Temporary release. Temporary release programs shall include:

(i) provision for release for funerals and ritual or ceremonial

purposes;

(ii) sanction by the appropriate court;

(iii) operating, screening and selection procedures;

(iv) written rules of inmate conduct;

(v) a requirement for supervision of inmates while on release;

(vi) a record-keeping system that documents dates, times and

authorization for release;

(vii) a system to evaluate program effectiveness; and

(viii) efforts to obtain community cooperation and support.

(3) Work or education release. The administrator or designee shall

allow inmates in this classification to participate in work or

education release programs. The appropriate court shall sanction

education and work release.

(4) Final release. Written procedures for final release of inmates

shall include, but shall not be limited to:

(i) verification of identity and release authority;

(ii) completion of release arrangements, including person or agency

to whom the inmate is to be released, if applicable;

(iii) verification that all inmate property leaves with the inmate

and that no facility property leaves the facility;

(iv) completion of any pending action, such as grievances or claims

for damages or lost possessions;

(v) transfer of health information if appropriate; and

(vi) transportation arrangements, if required.

(5) Sentence reduction. Where tribal code permits, the

administrator or designee shall allow sentence reduction based on

evidence of good behavior.

(6) Detainers. The presence of a detainer shall not automatically

prevent the release of an inmate from the detention facility.

Sec. 10.14 Inmate programs and services.

(a) Program coordination--(1) Availability of programs. The

facility shall make available inmate programs and services. These

programs shall include, but not be limited to, social services,

religious services, including traditional religious practices and

ceremonies, recreation and leisure time activities, counseling,

including crisis intervention, library services, education programs and

substance abuse programming. The administrator or designee shall link

facility programs and services to existing community resources.

(2) Program participation and refusal. Inmates shall have the

option to refuse to participate in facility programs, except

housekeeping assignments and court-ordered programs. The administrator

or designee shall document program participation and refusal in

writing.

(3) Program coordinator. A facility staff member or trained

volunteer shall coordinate inmate programs and services.

(b) Work programs--(1) Work assignments. The administrator or

designee shall develop a written inmate work plan that provides for

work assignments for inmates including the disabled. Work may include

facility maintenance duties and community service projects. The

administrator shall prohibit discrimination in inmate work assignments

based on race, creed, gender, age, marital status, disability or tribal

affiliation. The administrator shall not require pretrial and

unsentenced detainees to work except to perform personal housekeeping.

Any inmate may volunteer for work assignments or institutional

programs.

(2) Regulation of work programs. Facility inmate work programs

shall comply with applicable federal regulations.

(c) Recreation, library and religious programming--(1)

Comprehensive recreation program. The administrator or designee shall

permit inmates to have at least one hour a day of leisure time activity

outside the cell or room and access to active recreation activities and

equipment, including one hour daily of physical exercise, outside the

living unit.

(2) Library. The administrator or designee shall develop a written

plan to provide reading materials to inmates. The plan shall include

the location where reading materials are kept, the process by which

inmates obtain and return these materials and designation of the staff

member or trained volunteer who is responsible for library services.

The administrator shall update the plan as needed and review it

annually.

(3) Religious programs. Inmates shall have the right to practice

their religion, subject only to the limitations necessary to maintain

institutional order and security.

(d) Correspondence and telephone--(1) Regulation of correspondence.

The administrator shall regulate inmate correspondence and shall make

this policy available to all staff and inmates. The administrator shall

review this policy annually and update it as needed.

(2) Limitations on inmate correspondence. The administrator shall

not limit the volume of lawful correspondence (e.g., letters, packages

and publications) an inmate may send or receive and shall not restrict

the length, language, content or source of the correspondence, except

where there is clear and convincing evidence to justify the limitations

for reasons of public safety, facility order, or security.

(3) Indigents' correspondence. The administrator or designee shall

provide indigent inmates with a system that enables them to send a

minimum of two letters per week.

(4) Inspection of letters and packages. The administrator or

designee may open inmate letters and packages, both in-coming and out-

going, to inspect them for contraband. The administrator or designee

shall not read or reject letters or packages except where there is

reliable information that there is a threat to order and security or

that they are being used to further illegal activities. The

administrator or designee shall notify inmates when in-coming or out-

going letters are rejected. The administrator or designee shall deposit

any cash, checks, or money orders in the inmate's account and shall

issue a receipt to both the inmate and the sender. The administrator or

designee shall forward any contraband found to the appropriate law

enforcement authority. The supervisor shall forward all mail within

twenty-four hours of receipt except for Saturdays, Sundays and

holidays. Inmates shall be prohibited from carrying money.

(5) Privileged correspondence. The administrator shall permit

inmates to send sealed letters to specified groups of persons and

organizations including, but not limited to, courts, including

probation staff, counsel, officials of the confining authority,

administrators of grievance systems and the media. Mail to inmates from

this specified class of persons and organizations shall be opened only

to inspect for contraband and only in the presence of the inmate.

(6) Holding and forwarding mail. The administrator or designee

shall forward or return first-class letters and packages for inmates

after their transfer or release.

(7) Telephone. The administrator or designee shall provide for

inmate access to telephones.

(e) Visiting--(1) Visiting rules. The administrator shall establish

rules for inmate visiting.

(2) Number of visitors. The administrator or designee shall limit

the number of visitors an inmate may receive and the length of the

visits only to the degree necessary in terms of facility schedules,

space and personnel constraints except where there are substantial

reasons to justify such limitations.

(3) Sobriety statement. Facility visitors and volunteers shall sign

a sobriety statement. The statement shall stipulate that:

(i) they are not under the influence of alcohol or illegal mood-

altering substances;

(ii) they are not carrying such substances on their person or in

their belongings; and

(iii) they consent to a breath test or non-invasive search as a

condition of entry, if there is probable cause.

(4) Searches (visiting). The administrator or designee shall

provide clear instructions to staff and inmates concerning inmate and

visitor search procedures and the approval required for visual

observations of unclothed inmates.

(5) Special visits. The administrator or designee shall provide for

special visits from persons who have travelled long distances, to

hospitalized inmates and to inmates in disciplinary status.

(6) Visitor personal property. Visitors shall not bring personal

property into the secure area of the facility.

(7) Visitor registration. The administrator or designee shall

provide for visitor registration and identification on entry into the

facility.

Subpart C--Juvenile Detention Facilities

Sec. 10.21 Administration and management.

(a) General administration--(1) Mission and goals. A written

statement, which shall be updated as necessary, shall describe the

philosophy, goals and policies of the facility and its relationship to

the juvenile justice system.

(2) Administration of facility. An administrator, whose

responsibility and authority shall be documented, shall oversee each

facility. The appointment shall be based on written qualifications.

(3) Organization chart. An organization chart shall describe the

facility's organization and chain of command. The chart shall be

updated as needed.

(4) Service provider roles. A Memorandum of Agreement (MOA), which

shall be updated as needed and reviewed at least annually, shall define

the role and function of employees of public or private agencies

providing a service to the facility. The MOA shall specify the relation

of service providers to the authority and responsibility of the

administrator.

(5) Interagency meetings. The administrator shall conduct regular

meetings between the staff of juvenile justice, youth services,

education, health care, emergency shelter and detention agencies to

develop and maintain effective interagency coordination.

(6) Policy and procedure manual. All employees of the facility

shall have access to a policy and procedure manual and its supporting

documents. The Chief, Division of Law Enforcement, shall approve the

manual and its supporting documents, which shall provide for the

implementation of these standards and shall direct documentation of

compliance. The administrator shall update the manual as needed and

review it annually.

(7) Dissemination of policy and procedure. The administrator shall

disseminate approved, new, or revised policies and procedures to

designated staff, volunteers and, where appropriate, juveniles prior to

implementation. Staff shall review and indicate in writing that they

understand the content of policies and procedures prior to their

implementation.

(8) Channels of communication. The administrator or designee shall

regularly disseminate information to staff prior to the beginning of

their shift.

(9) Monitoring and assessment. The Agency Superintendent or

designee shall review and inspect operations and programs at least

annually.

(10) Annual report. The administrator shall submit a written annual

report to the Chief, Division of Law Enforcement, through the Area

Director and Agency Superintendent, and shall forward a copy to the

appropriate court and health care authority. The report shall address

goals, objectives, population data, programs and services provided,

budget, space and equipment needs and major developments.

(11) Public information program. The administrator or designee

shall provide for a public information program, which protects the

juveniles' right to privacy.

(12) Legal counsel. Legal counsel shall be available to the

administrator and other staff as needed in the performance of their

duties.

(13) Separation of adults and juveniles. If services for adult and

juvenile offenders are provided by the same agency, statements of

philosophy, policy, program and procedure shall distinguish between

criminal codes and the statutes that establish and give direction to

programs for juveniles.

(14) Prohibited uses of detention. The facility shall not detain

abused, dependent or neglected children, juveniles charged with

offenses that would not be crimes if committed by adults and juveniles

charged with delinquencies unless it is clearly shown that secure

placement is essential.

(15) Jurisdictional agreements. The administrator shall cooperate

with the proper authority in the placement and/or return of juveniles

to the requesting jurisdiction, pursuant to the provisions of any

jurisdictional agreements.

(b) Fiscal management--(1) Budgetary compliance. If operated by the

BIA, the facility shall comply with the directives of the Agency

regarding budget preparation, submission, and administration. If

operated by a tribe, the facility shall comply with the directives of

the tribe regarding budget preparation, submission, and administration.

(2) Accounting compliance. If operated by the BIA, the facility

shall comply with the Agency accounting directives. If operated by a

Tribe, the facility shall comply with Tribal accounting directives.

(3) Basis of budget. The administrator shall document a direct

relationship between the budget and planned operational, staffing and

program needs.

(4) Property management compliance. If operated by the BIA, the

facility shall comply with Agency property management directives. If

operated by a Tribe, the facility shall comply with Tribal property

management directives.

(5) Federal acquisition regulation compliance. If operated by the

BIA, the facility shall comply with Agency directives for facility

services, equipment and supply purchases. If operated by a tribe, the

facility shall comply with tribal directives for facility services,

equipment and supply purchases.

(6) Space and equipment needs and deficiencies. The administrator

shall report space and equipment needs and deficiencies annually to the

Area Director through the Agency Superintendent.

(7) Program needs and deficiencies. The administrator shall report

program needs and deficiencies, i.e., staffing, supplies, training and

contract services, annually to the Chief, Division of Law Enforcement,

through the Area Director and Agency Superintendent.

(8) Cost of juvenile board. The facility shall charge all contract

users at the same rate.

(9) Fund accounts. The administrator shall arrange for an

independent audit of juvenile fund accounts, including canteen or

commissary, following standard accounting practices. The administrator

shall use any profit or interest which accrues for the benefit of the

juveniles.

(c) Personnel--(1) Personnel policy. If operated by the BIA, the

facility shall comply with Agency personnel management directives. If

operated by a Tribe, the facility shall comply with Tribal personnel

management directives.

(2) Personnel manual. The administrator shall make a copy of the

applicable personnel manuals and regulations available to every

employee.

(3) Staffing requirements. The administrator shall review employee

workload annually to ensure that juveniles have access to staff,

programs and services. The administrator shall develop and update the

facility's shift relief factor annually.

(4) Criminal record check. The administrator or designee shall

conduct a criminal record check of all new employees, in accordance

with the Indian Child Protection and Family Violence Prevention Act of

1990 (25 U.S.C. 3201), prior to employment to determine if there are

criminal convictions that have a specific relationship to job

performance.

(5) Physical examination. All employees who have direct contact

with juveniles shall have a pre-employment physical examination. There

shall be provisions for re-examination.

(6) Physical fitness. Juvenile detention workers shall meet BIA or

comparable tribal standards for physical fitness.

(7) Code of ethics. The facility shall have a written Code of

Ethics that outlines the professional standards expected of all

employees and recognizes that detention personnel may be held to a

higher behavioral standard because of the nature of their duties.

(8) Confidentiality. Consultants, contract personnel, employees of

other public and private agencies and volunteers who work with

juveniles shall agree to comply with the facility's policies on

confidentiality of information.

(d) Training and staff development--(1) Management of training

programs. A qualified employee, who has received training in training

delivery methods, shall plan, coordinate and supervise employee and

volunteer training programs. The administrator shall identify, evaluate

and update job-related training needs annually.

(2) Training curriculum approval. The Chief, Division of Law

Enforcement, in conjunction with the Indian Police Academy, shall

approve training programs and curriculum required by these standards.

(3) Outside resources. The facility shall support the integration

of IHS-approved and other training with the approval of the

administrator.

(4) Education and training. The administrator shall encourage

employees to continue their education and training.

(5) Cultural awareness. Orientation training shall include a

component on cultural issues relative to the local tribe(s).

(6) Juvenile detention worker orientation training. All new full or

part-time juvenile detention workers shall receive the number of hours

of orientation training recommended by the Chief, Division of Law

Enforcement, during their first year of employment. Employees shall

complete forty of these hours prior to being independently assigned to

work in the facility.

(7) Juvenile detention worker in-service training. All full or

part-time juvenile detention workers shall receive an additional forty

hours of job-relevant training each subsequent year of employment.

(8) Clerical and support staff orientation training. All new

clerical and support staff who have minimal juvenile contact shall

receive the number of hours of orientation and training recommended by

the Chief, Division of Law Enforcement, within their first year of

employment.

(9) Clerical and support staff in-service training. All clerical

and support staff shall receive an additional sixteen hours of job-

relevant training each subsequent year of employment.

(10) Administrative and managerial staff orientation training. New

administrative and managerial staff shall receive at least the number

of hours of training recommended by the Chief, Division of Law

Enforcement, within their first year of employment in this position.

(11) Administrative and managerial staff in-service training.

Administrative and managerial staff shall receive at least twenty-four

hours of job-relevant training each subsequent year of employment.

(12) Specialized training. At least one juvenile detention worker

per shift shall receive specialized training in the management of

juveniles with health and behavioral problems, including substance

abuse and suicide. At least one juvenile detention worker per shift

shall be certified as an emergency medical technician. All detention

staff who have contact with juveniles shall receive training in

advanced first aid and CPR. The health authority shall identify health-

related training needs.

(e) Facility records--(1) Compliance. The facility shall comply

with 5 U.S.C. 552 (the Freedom of Information Act), 5 U.S.C. 552(a)

(the Privacy Act of 1974), as amended, 43 CFR 2.79(a), or comparable

tribal regulations.

(2) Records management. The facility shall have a system for the

management, dis semination, retrieval, storage, archiving and (when

appropriate) destruction of information and detention records.

(3) Law enforcement sensitive information. Law enforcement

sensitive records and information shall be marked privileged. The

administrator or designee shall keep these records in a locked cabi net

or file room.

(4) Release of information and consent. Juveniles shall sign a

Release of Information Consent Form in compliance with 5 U.S.C. 552(a)

(the Privacy Act of 1974) as amended prior to the release of privileged

information. The administrator or designee shall keep a copy of the

signed release in the juvenile's record.

(5) Separation of record contents. The administrator or designee

shall identify and separate contents of juvenile records according to

an established format which, at a minimum, shall separate privileged

from public information and juvenile records from those of adult

offenders.

(6) Access to information. The administrator shall define clearly

personnel who have access to juvenile records.

(7) Daily report. The administrator or designee shall maintain a

daily report and provide a copy of it to the appropriate court(s). The

daily report shall identify:

(i) the names of juveniles in custody, including juveniles on

temporary release or in other locations;

(ii) names of juveniles admitted and released;

(iii) the legal status of each juvenile; and

(iv) the number of days each juvenile has been in custody.

(8) Identification and location record. The facility shall maintain

a system that identifies all juveniles in custody and their actual

physical location.

(9) Custody record. The facility shall maintain custody records of

all juveniles held at the facility. The record shall include only

relevant and necessary information and shall be limited to:

(i) initial admission form;

(ii) documented legal authority to detain the juvenile;

(iii) health and suicide screening forms;

(iv) dates of court appearances;

(v) signed release of information forms;

(vi) an on-going record of cash and valuables;

(vii) dates and times of temporary releases;

(viii) names of visitors and dates of visits;

(ix) facility rules and disciplinary policy signed by the juvenile;

(x) classification interview and subsequent classification actions;

(xi) reports of major disciplinary actions, significant incidents

or crimes committed while in custody;

(xii) records of program participation, including temporary release

programs; and

(xiii) final release or transfer report.

(10) Admission information. The administrator or designee shall

record intake admission information for every juvenile admitted to the

facility. The record shall include at least the following data:

(i) booking number;

(ii) name and known aliases;

(iii) current or last known address;

(iv) date and time of confinement;

(v) a copy of the court order or other legal basis for detention;

(vi) name, title, agency and signature of arresting officer;

(vii) name of parent, guardian or legal custodian;

(viii) charge or charges;

(ix) date and place of birth;

(x) ethnic origin or tribal affiliation;

(xi) present or last place of employment;

(xii) emergency contact name, relationship, address and phone

number;

(xiii) record of telephone calls made by juvenile at time of

admission;

(xiv) driver's license and social security number;

(xv) identifying information, including height, weight, gender and

identifying marks such as birthmarks, scars or tattoos;

(xvi) notation of cash and all property;

(xvii) initial classification and special needs;

(xviii) an indication that the health and suicide screening was

completed;

(xix) name of legal representative if any; and

(xx) name of admitting officer.

(11) Conducting research. All research conducted shall comply with

federal and tribal regulations pertaining to conducting and

disseminating research findings as well as professional and scientific

ethics. The administrator, the Agency Superintendent and the Area

Director shall approve all research prior to implementation. The

administrator shall regulate voluntary juvenile participation in

research.

(f) Citizen involvement and volunteers--(1) Volunteer coordinator.

The administrator shall encourage citizen participation in volunteer

programs by designating a staff member as volunteer coordinator.

(2) Volunteer plan. The volunteer coordinator shall develop and

implement a written plan for volunteer services. The volunteer

coordinator and administrator shall update the plan as necessary and

review it at least annually. The plan shall include:

(i) lines of authority;

(ii) responsibility and accountability for volunteer services;

(iii) procedures for the screening and selection of volunteers;

(iv) a volunteer orientation or training program, which is

appropriate to the nature of the assignments;

(v) a requirement that volunteers shall agree in writing to abide

by all facility rules, policies, procedures and practices, particularly

those related to security and confidentiality of information; and

(vi) a statement that the administrator may discontinue a volunteer

activity at any time by written notice.

Sec. 10.22 Physical plant.

(a) Code compliance--(1) Building and safety code compliance. If

owned by the Bureau, the facility shall comply with 29 CFR Part 1910,

Subparts D, E, G and L. If owned by a tribe, the facility shall comply

with the National Fire Protection Association (NFPA) Life Safety Code

101 Chapters 2, 4 through 7, and 14 (if new detention occupancy) or 15

(if existing detention occupancy), or comparable tribal regulations.

(2) Zoning. The facility shall comply with applicable zoning and

land use requirements.

(3) Accessibility. The facility shall comply with 25 U.S.C. 794

(the Rehabilitation Act of 1973) as amended, 41 CFR 101-19.6 (Uniform

Federal Accessibility Standards), and 43 CFR Part 17.

(4) OSHA compliance. The facility shall comply with 29 CFR Part

1910, Subparts C through E, G, K, L and S (Occupational Health and

Safety Standards) or comparable tribal regulations. If other activities

governed by sections of 29 CFR Part 1910 not identified in this

standard are carried out in the facility, the section(s) of 29 CFR Part

1910 governing that activity or comparable tribal regulations apply.

(5) Health and safety inspection. In compliance with 29 CFR Part

1960, Subparts B through D, the facility shall receive at least one

inspection each year by a qualified safety and health inspector and

Environmental Health Specialist and/or Sanitarian. Any request for

inspection shall be directed to the Area Safety Manager or Officer

through the Agency Superintendent.

(6) Furnishings and equipment code compliance. The administrator

shall maintain documentation by an independent, qualified source that

the interior furnishing materials in inmate living areas, exit areas

and places of public assembly shall be in accordance with NFPA Life

Safety Code Section 6-5 or comparable tribal regulations.

(b) Facility organization--(1) Design for supervision. Physical

plant design shall facilitate continuous personal contact and

interaction between staff and juveniles.

(2) Unit size. The detention facility shall operate with living

units of no more than twenty-five juveniles each.

(3) Co-located adult and juvenile facility. If the juvenile

facility is on the grounds of any other type of detention facility, it

shall be a separate, self-contained unit. The facility shall comply

with the separation criteria of 49 CFR Parts 2054 through 2055, which

require:

(i) separation between spatial areas so that there could be no

accidental contact between juveniles and adults in their respective

facilities;

(ii) total separation in all juvenile and adult program activities

within facilities, including recreation, education, counseling, health

care, dining, sleeping and general living activities;

(iii) separate juvenile and adult staff, including management,

security and direct care staff, such as recreation, education and

counseling. Specialized services staff, such as cooks, bookkeepers and

medical professionals who are not normally in contact with detainees or

whose infrequent contacts occur under conditions of separation of

juvenile and adults, can serve both.

(iv) compliance with BIA standards and BIA accreditation.

(4) Separation of classifications. The facility shall be designed

and constructed so that juveniles can be separated according to the

requirements identified in these standards and the facility's

classification plan.

(5) Separation of males and females. Male and female juveniles

shall not share the same sleeping room.

(6) Supervision. All living areas shall be constructed to

facilitate continuous staff observation, excluding electronic

surveillance, of living and activity areas, such as dayrooms and

recreation spaces.

(7) Continuously observable housing. The facility shall provide a

minimum of two single occupancy cells that can be continuously observed

by staff and which allow juveniles to communicate with staff.

(8) Rated capacity. The number of juveniles shall not exceed the

facility's rated capacity with the exception of mass arrests.

(9) Location. The facility shall be located conveniently for

juvenile justice agencies, the health authority, community agencies and

juveniles' legal representatives, families and friends.

(c) Environmental conditions--(1) Artificial light levels. Lighting

levels in juvenile cells or rooms shall be at least twenty footcandles

at the desk and in the personal grooming areas. Lighting levels

throughout the facility shall be appropriate to the tasks and

activities carried out in its spaces. An independent, qualified source

shall document lighting levels.

(2) Noise levels. Noise levels shall not exceed seventy decibels in

the daytime and forty five decibels at night. An independent, qualified

source shall document noise levels.

(3) Indoor air quality. Air circulation shall be at least ten cubic

feet of outside or recirculated filtered air per minute per occupant.

An independent, qualified source shall document air circulation.

(4) Use of tobacco. The administrator shall prohibit the use of

tobacco in the facility by staff, juveniles and the public except in

traditional ceremonies and then only in designated areas.

(5) Heating and cooling. Temperatures shall be appropriate to the

summer and winter comfort zones.

(d) Security--(1) Control center. In secure facilities, a twenty-

four hour control area shall monitor and coordinate the facility's

security, safety and communications systems. The facility shall have a

communication system between a continuously staffed location and the

juvenile living areas.

(2) Perimeter security. The perimeter shall be secured in a way

that juveniles remain in the perimeter and that access by the general

public is denied without proper authorization. There shall be security

doors between juvenile areas and areas to which the public has access.

(3) Security equipment storage. The facility shall provide space

for the secure storage of chemical agents, restraining devices and

related security equipment. The equipment shall be located outside

juvenile living and activity areas in a place that is readily

accessible to authorized persons only. Firearms shall not be stored in

the facility other than on a temporary basis, in gunlockers located

outside the security perimeter.

(4) Emergency exits. In compliance with 29 CFR 1910.37, designated

exits in the facility shall permit prompt evacuation of juveniles and

staff members in an emergency. Facility exits shall be properly

positioned, clear and distinctly and permanently marked.

(5) Protective holding cells. Other than as indicated in the mass

arrest policy, single occupancy protective holding cells shall be used

only for the temporary holding of persons during the admission process

for periods of up to eight hours. Each room or cell shall have, at a

minimum:

(i) sixty square feet of floor space;

(ii) toilet facilities that are located above floor level, provide

some degree of privacy and are available for use without staff

assistance twenty-four hours a day;

(iii) hot and cold running water; and

(iv) a bed or fixed bench at or above floor level.

(6) Emergency equipment. The facility shall have the equipment

necessary to maintain essential lights, power, ventilation, power-

operated doors or locks and communication in an emergency.

(7) Visual surveillance equipment. When visual electronic

surveillance is used, it shall be located primarily in hallways,

elevators, corridors, or at points on the security perimeter such as

entrances and exits.

(e) New facility planning process--(1) New facility planning

requirement. All new construction, renovation and expansion projects

shall follow the Planning of New Institutions (PONI) process as

required by 25 CFR Part 296.

(2) Safety management review. The design and specifications for all

new construction, renovation and expansion projects shall be reviewed

by the Bureau of Indian Affairs in compliance with 29 CFR 1960,

Subparts B through D.

(f) New construction, renovation and expansion--(1) Single

occupancy requirements (general population). Only one juvenile shall

occupy each cell or detention room designed for single occupancy. All

single general population rooms or cells shall have at least sixty

square feet of floor space, provided juveniles spend no more than ten

hours per day locked in. When confinement exceeds ten hours per day,

there shall be at least seventy square feet of floor space. In general

population, each room or cell shall have, at a minimum:

(i) natural light;

(ii) toilet facilities with some degree of privacy that are located

above floor level and are available for use without staff assistance

twenty-four hours a day;

(iii) a wash basin with hot and cold running water;

(iv) access to showers; and

(v) a bed above floor level, a desk or writing surface, safety-type

hooks or closet space, and a chair or stool.

(2) Single occup

This text is long and has been trimmed here. Open the source document for the complete record.