# Standards for Adult and Juvenile Detention, Community Residential, and Holding Facilities and Programs; Proposed Rule DEPARTMENT OF THE INTERIOR > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A94-18796 ## Record - **Collection:** Federal Register - **Document type:** Uncategorized Document - **Published:** August 5, 1994 ## Text 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. -------------------------------------------------------------------------------------------------------------------------------------------------------- (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 la [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A94-18796. Public record. Not legal advice.