Juvenile Community Residential Handbook

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Introduction

Under the authority provided by 25 CFR 167;2802, which implements Public Law 101-379, the Indian Law Enforcement Reform Act, the Bureau of Indian Affairs, Office of Law Enforcement Services has the responsibility to provide criminal justice remedial actions, correctional and detention services, and rehabilitation in Indian Country. Under the authority indicated in the Bureau of Indian Affairs Manual System, (0 BIAM, Supplement 2), central office directors have the responsibility to direct their subordinates to prepare and publish appropriate directives in accordance with BIAM.

The Juvenile Community Residential Handbook and 69 BIAM replace Section 7 of 68 BIAM Supplement 4, which was last modified significantly nearly 25 years ago. In the intervening period, juvenile community residential programs and facilities have become larger, more sophisticated, and far more complex. As a result, the Juvenile Community Residential Handbook addresses juvenile community residential operations in greater detail than previous releases.

The Juvenile Community Residential Handbook is based on the policies provided in 69 BIAM. Most of these require written procedures to implement a detention policy or practice. Some procedures also require the development of written plans for significant detention services, such as health care, or significant events, such as escapes.

Purpose of the Juvenile Community Residential Handbook

In both its own and contractual detention operations, through its chain of command and line authority, the Bureau of Indian Affairs (BIA) has management and oversight responsibility for juvenile community residential operations. As a result, the BIA, through the Office of Law Enforcement Services, has the obligation to provide direction to those who operate facilities. The failure to provide direction results in an unacceptable level of risk and associated liability for inmates, staff, administrators, and managers. Together with 69 BIAM (Indian Country Detention Programs and Facilities), this Juvenile Community Residential Handbook provides a statement of the Bureau's position in many specific areas of juvenile community residential operations, and in many cases provides direction about how specific activities will be carried out. It is a tool for managers, administrators, supervisors, and line officers who work in facilities.

How the Handbook was Developed

A multi-agency task force was assembled to develop the first draft of the standards which are included in the Handbook and to develop the content of the Handbook itself. The agencies represented included representatives from the Office of Law Enforcement Services 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.

How to Use the Handbook

It is important to clarify at the outset that the Juvenile Community Residential Handbook is not, in its present form, a final product. Nor can it be. No handbook is ever truly finished, because it has to be a "living document," which can respond to changing conditions, changes in law, and changes in philosophy. Update and modification of the handbook is to be expected. The structure and numbering system of the handbook allows for a minimum of duplication when changes are made. Sections can be inserted in each chapter, and, if necessary, additional chapters and volumes on topics that are not now part of detention programs can be added in the future.

Although there are a number of topics have been developed for all detention facilities operated by the Bureau of Indian Affairs, there are areas of the Juvenile Community Residential Handbook, which will require tailoring to specific local conditions. Nowhere is the need to tailor policies more obvious than in those which depend strongly upon the physical facility. As a result, this handbook is viewed as a tool which will require some additional work, not an end product which can be used without any consideration of local conditions.

It is the Bureau's intent to provide a tool which can be sanctioned by the Office of Law Enforcement Services at the central office level, while providing some ability to modify elements of the Handbook to respond to local conditions. Modifications are required only in the general information and procedure sections.

To make it easier to modify the areas of the Juvenile Community Residential Handbook which require local tailoring, complete copies of the handbook are available from the Office of Law Enforcement Services, Indian Police Academy, Artesia, New Mexico on computer discs. Disks are available in Word Perfect 5.1 for DOS and 6.0/6.1 for Windows. This allows each facility to modify the base document by:

For additional information regarding obtaining the handbook on disc, contact the Office of Law Enforcement Services. Structure of the Juvenile Community Residential Handbook The Juvenile Community Residential Handbook is organized into volumes, chapters and sections. There are four volumes:
  1. Administration and Management,
  2. Physical Plant,
  3. Institutional Operations, and
  4. Programs and Services.
Each chapter in the volume addresses a specific topic related to the overall topic presented in the volume. The first section in each chapter provides the standards that direct the specific procedural sections which follow. The sections which follow in that chapter provide procedures to implement the standards in that preceding section.

Each section is also written in a consistent format to make it easier for users to locate information. Each section includes:

The systematic approach used to separate the parts of the topic is especially appropriate for a situation in which multiple facilities are operated by the same agency, since it will allow each facility to modify the procedures to fit the needs of their facility and preferred method of operations, while retaining a logical and consistent approach for the entire organization. It also has substantial benefits in making it easier for staff to use as procedures are implemented. With minimal training regarding the structure of the Juvenile Community Residential Handbook, staff will learn how to find and use specific materials without having to review an entire chapter each time they need to refer to the handbook. From a computer perspective, the entire Handbook is a master document. You will find the master document in a file named, MASTER.JCR. The subdocuments include entire chapters. The table of contents is part of the master document. You can generate the table of contents if you make changes by expanding the master document. This will automatically pull in all the chapters. By using the master document, it will also be easier to make the global changes, such as changing the term "facility administrator" to "Captain of Police."

The Master Document is a little over 1.8 mb when it is expanded (all the subdocuments have been read into it). The advantage to using master documents is that if you want to edit something you can edit the subdocument (which will take less memory and be faster). You can print from the subdocument (our page numbering commands are in the subdocuments, not just the master document). You really only need to use the Master Document when you want to generate the Table of Contents or you want to print the entire Handbook. For additional information about Master Documents and Subdocuments, consult the Word Perfect Manual.

The files are named to make it easy for users to find the chapter they need to edit. The first two digits of the name identify the volume and volume number. The next two digits of the name identify the chapter and chapter number. The remaining digits provide a clue of the topic. The suffix identifies the type of handbook. ADF means Adult Detention Facility. JDF means Juvenile Detention Facility. So, for example, V3C3RULE.ADF can be translated as Volume 3, Chapter 3, Rules and Discipline. Adult Detention Facility Handbook.

Reference Documents

This Handbook is part of an on-going process to provide tools for detention facilities. This effort includes a number of materials which support the handbook including, a Forms Manual of suggested forms, an Inmate Handbook, and model rules referenced in the handbook.

Use of Language

Because the person(s) responsible for specific detention functions at the local level may vary, the Juvenile Community Residential Handbook refers to these positions generically. For example, the term, "Facility Administrator," is used to refer to the person who has responsibility for day-to-day operations of the detention facility. In one location, this may be the Chief of Police, while in others the Agency Superintendent, a Police Captain, or a civilian administrator may serve as the facility administrator. Similarly, the term, "Health Care Provider," is used to refer to the health care professional who has responsibility for detention health care. This may be the Service Unit Director at the Indian Health Service, the head of a Tribal Health Program, or a private contractor. It is recommended that each program modify the Handbook to reflect the language that applies to their specific situation.

All of the text of the handbook is written using masculine pronouns. That choice in no way implies that only males work in these facilities. The terms, "he" and "his," in this document, include both genders.

Accreditation

Introduction

The accreditation process is incremental and, in most areas, offers individual programs options and choices as to how they can move into compliance and become an accredited facility. The compliance process is structured around the standards which are included in the Handbook and the system of program reviews the Office of Law Enforcement Services uses.

Types of Standards

The standards have been divided into five sets, based on facility type, to make their use clearer. The appropriate set of standards has been made a part of each Handbook. There are standards for adult detention facilities, juvenile detention facilities, adult community residential facilities, juvenile community residential facilities, and adult holding facilities. A Standards Supplement, which includes all the standards, is available through the Office of Law Enforcement Services. For information about the these terms, refer to the definition section of the Handbook. Each site may determine which type detention program they wish to operate and select that set of standards. Each facility 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. There are two types of standards, mandatory and non-mandatory. Each set of standards includes both standards for operations and standards for physical plants. If appropriate, physical plant standards are divided into two categories: 1.New construction, renovation and expansion, and 2.Existing facilities. The following table shows the number of mandatory and non-mandatory standards by facility type for new and existing construction.

Mandatory and Non-Mandatory Standards by Facility Type

Type of Facility Total Standards Mandatory Non- Mandatory
Adult Detention 245 48 197
Adult Detention (existing) 249 48 201
Juvenile Detention 262 47 215
Juvenile Detention (existing) 266 47 219
Adult Community Residential 223 45 178
Juvenile Community Residential 228 45 183
Adult Holding Facilities 207 47 160
Adult Holding Facilities (existing) 208 47 161

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.

Mandatory Standards

Standard Title Detention Community Residential Holding
Adult Juvenile Adult Juvenile Adult
Separation of Adults & Juveniles ADF-1-1-13

N/A

N/A

N/A

AHF-1-1-8
Prohibited Uses of Detention N/A JDF-1-1-14 N/A N/A N/A
Budgetary Compliance ADF-1-2-1 JDF-1-2-1 ACRF-1-2-1 JCRF-1-2-1 AHF-1-2-1
Accounting Compliance ADF-1-2-2 JDF-1-2-2 ACRF-1-2-2 JCRF-1-2-2 AHF-1-2-2
Personnel Policy ADF-1-3-1 JDF-1-3-1 ACRF-1-3-1 JCRF-1-3-1 AHF-1-3-1
Training Curriculum Approval ADF-1-4-2 JDF-1-4-2 ACRF-1-4-2 JCRF-1-4-2 AHF-1-4-2
Orientation Training ADF-1-4-6 JDF-1-4-6 ACRF-1-4-6 JCRF-1-4-6 AHF-1-4-5
Records Compliance ADF-1-5-1 JDF-1-5-1 ACRF-1-5-1 JCRF-1-5-1 AHF-1-5-1
Building and Safety Code Compliance ADF-2-1-1 JDF-2-1-1 ACRF-2-1-1 JCRF-2-1-1 AHF-2-1-1
Accessibility ADF-2-1-3 JDF-2-1-3 ACRF-2-1-3 JCRF-2-1-3 AHF-2-1-3
OSHA Compliance ADF-2-1-4 JDF-2-1-4 ACRF-2-1-4 JCRF-2-1-4 AHF-2-1-4
Health and Safety Inspection ADF-2-1-5 JDF-2-1-5 ACRF-2-1-5 JCRF-2-1-5 AHF-2-1-5
Furnishings and Equipment Code Compliance ADF-2-1-6 JDF-2-1-6 ACRF-2-1-6 JCRF-2-1-6 AHF-2-1-6
Separation of Adults & Juveniles ADF-2-2-2 N/A N/A N/A AHF-2-2-1
Emergency Exits ADF-2-4-4 JDF-2-4-4 ACRF-2-4-1 JCRF-2-4-1 AHF-2-4-2
New Facility Planning Requirement ADF-2-5-1 JDF-2-5-1 ACRF-2-5-1 JCRF-2-5-1 AHF-2-5-1
Safety Management Review ADF-2-5-2 JDF-2-5-2 ACRF-2-5-2 JCRF-2-5-2 AHF-2-5-2
Full Coverage of Posts ADF-3-1-3 JDF-3-1-4 ACRF-3-1-1 JCRF-3-1-1 AHF-3-1-3
Male and Female Staff Requirement ADF-3-1-6 JDF-3-1-7 ACRF-3-1-3 JCRF-3-1-3 AHF-3-1-6
Weekly Inspection ADF-3-1-14 JDF-3-1-15 ACRF-3-1-10 JCRF-3-1-10 AHF-3-1-14
Monthly Inspection ADF-3-1-15 JDF-3-1-16 ACRF-3-1-11 JCRF-3-1-11 AHF-3-1-15
Fire Safety Inspection ADF-3-1-16 JDF-3-1-17 ACRF-3-1-12 JCRF-3-1-12 AHF-3-1-16
Use of Force and Firearms ADF-3-1-22 JDF-3-1-23 ACRF-3-1-17 JCRF-3-1-17 AHF-3-1-22
Fire Prevention ADF-3-2-1 JDF-3-2-1 ACRF-3-2-1 JCRF-3-2-1 AHF-3-2-1
Evacuation Plan ADF-3-2-4 JDF-3-2-4 ACRF-3-2-3 JCRF-3-2-3 AHF-3-2-4
Emergency Plans ADF-3-2-5 JDF-3-2-5 ACRF-3-2-4 JCRF-3-2-4 AHF-3-2-5
Medical Treatment (Incident) ADF-3-2-7 JDF-3-2-7 ACRF-3-2-6 JCRF-3-2-6 AHF-3-2-7
Suicide Screening ADF-3-6-3 JDF-3-7-3 ACRF-3-5-6 JCRF-3-5-6 AHF-3-6-3
Dietary Allowances ADF-3-9-2 JDF-3-10-2 ACRF-3-8-2 JCRF-3-8-2 AHF-3-9-2
Medical Special Diets ADF-3-9-4 JDF-3-10-4 ACRF-3-8-4 JCRF-3-8-4 AHF-3-9-4
Health Protection ADF-3-9-7 JDF-3-10-7 ACRF-3-8-7 JCRF-3-8-7 AHF-3-9-7
Inspection of Food Service Area ADF-3-9-9 JDF-3-10-9 ACRF-3-8-9 JCRF-3-8-9 AHF-3-9-9
Water Supply ADF-3-10-1 JDF-3-11-1 ACRF-3-9-1 JCRF-3-9-1 AHF-3-10-1
Sewage System ADF-3-10-2 JDF-3-11-2 ACRF-3-9-2 JCRF-3-9-2 AHF-3-10-2
Sanitation Plan ADF-3-10-3 JDF-3-11-3 ACRF-3-9-3 JCRF-3-9-3 AHF-3-10-3
Written Health Care Plan ADF-3-11-1 JDF-3-12-1 ACRF-3-10-1 JCRF-3-10-1 AHF-3-11-1
Medical/Mental Health Judgment ADF-3-11-4 JDF-3-12-4 ACRF-3-10-4 JCRF-3-10-4 AHF-3-11-4
Meetings with Provider ADF-3-11-6 JDF-3-12-6 ACRF-3-10-6 JCRF-3-10-6 AHF-3-11-6
Review of Health Care Policies ADF-3-11-7 JDF-3-12-7 ACRF-3-10-7 JCRF-3-10-7 AHF-3-11-7
Health Training Program ADF-3-11-8 JDF-3-12-8 ACRF-3-10-8 JCRF-3-10-8 AHF-3-11-8
24-hour Emergency Care ADF-3-11-10 JDF-3-12-10 ACRF-3-10-10 JCRF-3-10-10 AHF-3-11-10
Health Care Treatment ADF-3-11-11 JDF-3-12-11 ACRF-3-10-11 JCRF-3-10-11 AHF-3-11-11
Licensure Requirements ADF-3-11-13 JDF-3-12-13 ACRF-3-10-12 JCRF-3-10-12 AHF-3-11-13
Management of Medications ADF-3-11-16 JDF-3-12-16 ACRF-3-10-15 JCRF-3-10-15 AHF-3-11-16
Preliminary Health Screening ADF-3-11-18 JDF-3-12-18 ACRF-3-10-17 JCRF-3-10-17 AHF-3-11-18
Serious and Infectious Disease ADF-3-11-23 JDF-3-12-23 N/A N/A AHF-3-11-20
Participation in Research ADF-3-11-27 JDF-3-12-27 ACRF-3-10-25 JCRF-3-10-25 AHF-3-11-23
Confidentiality of Health Records ADF-3-11-28 JDF-3-12-28 ACRF-3-10-26 JCRF-3-10-26 AHF-3-11-24
Regulation of Work Programs ADF-4-4-2 JDF-4-4-2 ACRF-4-5-2 JCRF-4-5-2 N/A

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.

Compliance with the Accreditation Process Facilities that comply with the standards are automatically accredited when they have completed the field audit portion of the accreditation process. Accredited facilities will receive certification of the accreditation from the Bureau of Indian Affairs, Office of Law Enforcement Services. For additional information regarding the accreditation process, contact the Office of Law Enforcement Services.

The accreditation process is incremental. It does not require that facilities comply with all standards as soon as they are published. The following schedule is established for compliance:

  1. First Year Following Publication. By the end of the first year following publication, all detention facilities must have identified their deficiencies and developed an action plan that identifies the actions and resources necessary to correct deficiencies and a schedule for these remedies. Self-audit and action plan materials are available from the Office of Law Enforcement Services.
  2. Second Year Following Publication. By the end of the second year following publication and thereafter, all 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 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 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 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 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 facilities must be 90 percent compliant with the non-mandatory standards.

    Available Assistance

    The BIA, Office of Law Enforcement Services provides a format for self-accreditation of programs with provision for program audits.

    Actions on Non-Compliance

    The Office of Law Enforcement Services has initiated the process of compliance with standards in a positive way. The accreditation process offers programs many options to improve their detention operations and to choose those areas in which they will comply with standards. It is our hope that programs will use this process voluntarily and be active partners working to improve conditions in detention facilities in Indian country. However, if programs do not elect to move forward in this process, the Office of Law Enforcement Services has the obligation to act as specified in 25 CFR §10.4.

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