Purpose and Scope, Definitions, Facility Management, Maintenance, Staffing, Documentation / Management Systems, Security, Admission, Orientation and Release, Officer Conduct and Professionalism, Behavior Management and Disciplinary Treatment, Youth ...
DEPARTMENT OF JUVENILE JUSTICE
RULE NOS.:RULE TITLES:
63G-2.013Purpose and Scope
63G-2.014Definitions
63G-2.015Facility Management
63G-2.016Maintenance
63G-2.017Staffing
63G-2.018Documentation / Management Systems
63G-2.019Security
63G-2.020Admission, Orientation and Release
63G-2.021Officer Conduct and Professionalism
63G-2.022Behavior Management and Disciplinary Treatment
63G-2.023Youth Activities
63G-2.024Sanitation and Safety
63G-2.025Hygiene
63G-2.026Nutrition
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 41 No. 64, April 2, 2015 issue of the Florida Administrative Register.
63G-2.013 Purpose and Scope.
This rule establishes the standards and requirements for the provision of secure detention services for juveniles in centers operated by the Department of Juvenile Justice (DJJ). These rules do not govern the operation of non-DJJ centers such as those run by county sheriff offices.
Rulemaking Authority 985.601(9)(b) FS. Law Implemented 985.601(9) FS. History–New __.
63G-2.014 Definitions.
For the purpose of this chapter, the following words shall have the meanings indicated:
(1) through (16) No change.
(17) Contraband – Those items or materials which, either by their original design, or through alterations made to them, could be used to compromise the safety and security of the facility (illegal items, sharps, escape paraphernalia, drugs, devices devises, unauthorized food or beverages, metals, cell phones, keys or any item deemed unsafe, or a threat to facility security).
(18) through (21) No change.
(22) Designated Health Authority (DHA) – The DHA shall be a physician (MD) who holds an active, unrestricted license pursuant to Chapter 458, F.S., or an osteopathic Physician (DO) who holds an active, unrestricted license under Chapter 459, F.S., and meets all requirements for practice in the State of Florida. The Physician must be either Board Certified in Pediatrics, Family Practice or Internal Medicine (with experience in adolescent health) or Board-Eligible and have prior experience in treating the primary health care needs of adolescents. A Psychiatrist who holds an unrestricted license under Chapter 458 or 459, F.S., may serve as the DHA of a facility that provides specialized mental health services, as long as the Psychiatrist has current experience in medically treating the physical phsyical health care needs of adolescents. The DHA shall be either a state employed or contract Physician accountable for ensuring the delivery of administrative, managerial and medical oversight of the facility health care system. Corporate physicians, who do not perform clinical/administrative duties on-site, shall not be the Designated Health Authority. The DHA shall ultimately be responsible for the provision of necessary and appropriate health care to youth in the care of a detention center.
(23) through (29) No change.
(30) Facility Operating Procedures (FOP’s) – Detailed procedures that operationalize and implement Rrule 63G-2.013-.026, F.A.C. 63 G-2.013-.027 within a specific facility.
(31) through (51) No change.
(52) Prison Rape Elimination Act (PREA) – The United States Department of Justice rule of national standards to prevent, detect, and respond to sexual abuse and sexual harassment in juvenile facilities; 28 C.F.R. Part 115.
(53) PREA Coordinator – Position responsible for developing, implementing, and overseeing the Department’s efforts to comply with the PREA standards in all of its juvenile detention facilities.
(54) PREA Facility Compliance Manager – Position at each juvenile detention facilty operated by the Department responsible for coordinating the facility’s efforts to comply with PREA standards.
(55) through (57) Renumbered to (52) through (54).
(55)(58) Quality Improvement System (QI) – The process authorized by section 985.632, Florida Statutes Statues, governing the assessment of a program’s operation, management, governance, and service delivery based on established standards.
(59) through (61) Renumbered to (56) through (58).
(59)(62) Security Devices – Devices, both mechanical and electrical, that enhance security in the facility.
(63) through (72) Renumbered to (60) through (69).
Rulemaking Authority 985.601(9)(b) FS. Law Implemented 985.601(9) FS. History–New __.
63G-2.015 Facility Management.
(1) Accountability: The Superintendent or designee is responsible for ensuring compliance with all applicable laws, rules, regulations, policies and procedures related to the operation of a secure detention facility and to the proper care, custody, and control of detained youths.
(a) Background and drug screening shall be conducted on all potential staff and volunteers in compliance with the requirements set forth in Chapter 985.644, F.S.
(b) Facility Operating Procedures shall be maintained at each detention center. (FOP’s) shall be facility specific. Policies and procedures shall include language that articulates how the individual facility shall implement the Department’s policies or procedures.
(2) Each facility shall have a PREA Compliance Manager.
(a) This person is responsible for oversight of the designated facility’s implementation and compliance efforts as they relate to PREA standards.
(b) This person coordinates and communicates on a regular basis with the Department PREA Coordinator as to the facility’s compliance with PREA standards.
(c) This person is responsible for involvement with auditors conducting reviews at their facility and for developing corrective action plans necessary as a result of the audit report.
(3) Detention Reviews
(a) In order to ensure proper management of youths placed in secure detention and to ensure appropriate sharing of information, the Superintendent or designee shall conduct a weekly Detention Review staffing to discuss each youth listed on the census for secure and non-secure detention and electronic monitoring.
(b) Part of the staffing should address court orders. The Superintendent shall assign the responsibility for reviewing court orders to a staff member. Questionable court orders, those orders that appear to contradict Florida Statutes, shall be forwarded to circuit or regional staff according to department and regional policy.
(4) through (5) Renumbered to (3) through (4).
Rulemaking Authority 985.644 F.S., 985.601(9)(b) FS. Law Implemented 985.601(9) FS. History–New __.
63G-2.017 Staffing.
(1) through (3) No change.
(4) Double On
(a) No change.
(b) In instances where officers are required to work two consecutive consecutives shifts, administrators shall make an effort to allow the officers sixteen consecutive hours off prior to returning to work.
(5) through (7) No change.
Rulemaking Authority 985.601(9)(b) FS. Law Implemented 985.601(9) FS. History–New__.
63G-2.019 Security.
(1) through (11) No change.
(12) Contraband – The facility must have procedures in place to dispose of contraband steps to dispose of contraband shall be specified in FOP’s.
(13) through (14) No change.
(15) Hostages: Each facility must have a plan in place to address hostage situations that must include, in the event a hostage situation occurs, the following procedures: that addresses hostage situations that must include: In the event a hostage situation occurs, the following procedures are to be followed:
(a) through (h) No change.
(16) through (19) No change.
(20) Vehicles
(a) through (c) No change.
(d) General Vehicle Guidelines
1. Fifteen-passenger vans can transport no more than thirteen youths at any one time.
2. through 8. No change.
Rulemaking Authority 985.601(9)(b) FS. Law Implemented 985.601(9)(b)1.4. FS. History–New __.
63G-2.020 Admissions, Orientation and Releases.
(1) The admission process shall address the following:
(a) through (g) No change.
(h) Classification of Youths. The Superintendent shall establish, through FOP’s, a classification system that promotes safety and security, as well as effective delivery of treatment services, based on determination of each youth’s individual needs and risk factors that addresses, at a minimum, the following:
1. through 8. No change.
(i) through (j) No change.
(2) through (6) No change.
Rulemaking Authority 985.601(9)(b) FS. Law Implemented985.601 (9)(a) History–New___.
63G-2.023 Youth Activities.
(1) through (10) No change.
(11) Mail
(a) through (c) No change.
(d) All incoming and outgoing mail shall be screened within 48 hours for content that could jeopardize safety or security.
Rulemaking Authority 985.601(9)(b) FS. Law Implemented 985.601(9)(b)1. -2. and (c) FS. History–New___.
