The rule amendments clarify, streamline and update the provisions governing behavior management and behavioral confinement.

 

DEPARTMENT OF JUVENILE JUSTICE

Detention Services

RULE NOS.:RULE TITLSE:

63G-2.014Definitions

63G-2.019Security

63G-2.022Behavior Management and Disciplinary Treatment

PURPOSE AND EFFECT: The rule amendments clarify, streamline and update the provisions governing behavior management and behavioral confinement.

SUMMARY: The amendments clarify and streamline provisions addressing behavior management and behavioral confinement, as well as correct the organization and placement of specified security items in the secure detention rule. New statutory provisions limiting the use of behavioral confinement for pregnant girls are implemented.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The SERC Checklist and current information available to the Department indicates that the statutory threshold for ratification will not be exceeded.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 985.601(9), 944.241, F.S.

LAW IMPLEMENTED: 985.601(9)(b), 944.241, F.S.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: Wednesday, October 7, 2020, 10:00 a.m.

PLACE: DJJ Headquarters, 2737 Centerview Drive, General Counsel's Conference Room 3223, Tallahassee, Florida. For information about participation by telephone, contact John Milla at [phone].

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: John Milla, 2737 Centerview Dr., Ste. 3200, Tallahassee, FL 32399-3100, e-mail: [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

63G-2.014 Definitions.

For the purpose of this chapter, the following words shall have the meanings indicated:

(1) through (5) No change.

(6) Behavior Management System – A system that tracks youth behavior and provides incentives and rewards for positive behavior designed to promote positive behavior through the giving or taking of rewards or privileges based on youth behavior.

(7) Behavioral Confinement – Placement of a youth in a secure room during volatile situations in which a youth’s sudden or unforeseen onset of behavior imminently and substantially threatens the physical safety of others or compromises security himself.

(8) through (14) No change.

(15) Confinement Report – The form used to document the occurrence of a youth being placed in behavioral confinement.  The confinement report is available within the computerized Juvenile Justice Information System: Facility Management System.

(15) through (17) renumbered (16) through (18) No change.

(18) Corporal Punishment – Physical punishment applied to the body of a youth, e.g., whipping, spanking. Corporal punishment is prohibited.

(19) through (24) No change.

(25) Detention Youth Supervision Matrix – A classification matrix form designed to set the minimum definitions, characteristics, and requirements of supervision for youth within a facility.  The Detention Youth Supervision Matrix (DS 101 August 2020) is incorporated by reference into this rule and is available electronically at http://www.flrules.org/Gateway/reference.asp?No=Ref-12173.

(25) through (36) renumbered (26) through (37) No change.

(38) Incident Report – A report used to document the occurrence of an event that is disruptive to the daily operation of a facility.  The incident report is available within the computerized Juvenile Justice Information System: Facility Management System.

(37) through (57) renumber (39) through (59) No change.

(60) Right Interactions (PAR) Report – The form used to document the occurrence of an event where an employee has used one of the physical intervention techniques.  The Right Interactions (PAR) Report is incorporated in chapter 63H-1, F.A.C. 

(58) through (67) renumbered (61) through (70) No change.

(71) Visual Observation Report (VOR) – The form used to document the frequency of supervision checks conducted by juvenile detention staff as well as the juvenile detention staff’s observations of the youth’s behavior and activities during confinement. The VOR is available within the computerized Juvenile Justice Information System: Facility Management System.

(72) Work Order System – Documentation of efforts made to address preventative and corrective maintenance needs.

(73)(68) Youth – Any youth ordered into secure detention status.

(69) Work Order System – Documentation of efforts made to address preventative and corrective maintenance needs.

Rulemaking Authority 985.601(9)(b) FS. Law Implemented 985.601(9) FS. History–New 8-9-15, Amended __________.

 

2.019 Security.

(1) through (2) No change.

(3) Mechanical Restraints:

(a) Mechanical restraints may be used as a method of controlling youth who present a threat to safety and security within the facility. The shift supervisor shall be notified of the need for or application of mechanical restraints as identified in the Protective Action Response Training Curriculum.

(b) Whenever mechanical restraints are used, a report shall be completed and submitted for review. The only exception to this requirement is when mechanical restraints are used to transport youths outside the secure area of the facility.

(c) Mechanical restraints shall be used when transporting youths outside the secure area of the facility.

(d) Mechanical restraints shall not be used as a means of discipline.

(3) through (6) renumbered (4) through (7) No change.

(8)(7) Visual Observation Report (VOR).

(a) through (d) No change.

(e) Levels of youth supervision – All youth are screened at admission and during their detention stay for medical, mental health and substance abuse needs. Based on this screening, youth are placed on one of four levels of supervision under the Detention Youth Supervision Matrix (DS 101 August 2020). These levels include:

1. Standard Supervision.

2. Close Supervision.

3. Constant Supervision.

4. One-to-One Supervision.

(8) through (18) renumbered (9) through (19) No change.

(20)(19) Escape Attempts and Escape.

(a) If an escape attempt occurs:

1. Staff shall immediately alert other officers by announcing a Code Green and the location over the radio.

2. Master Control shall communicate Code Green to all other staff and specify the location. All non-essential radio transmissions shall cease.

3. All available officers shall respond and provide assistance in maintaining control of the group or apprehending the youth attempting to escape.

4. All movement in the facility shall cease. Youth counts shall be conducted.

5. All youth shall be returned to their mods upon authorization from the shift supervisor and clearance from Master Control. Youth may be placed in lockdown status at the discretion of the supervisor.

6. In the event this movement cannot occur for security reasons, all youth are to be instructed to sit down at their current location.

7. The supervisor shall determine when it is appropriate to resume the daily schedule.

8. Any attempt by staff at apprehending the escaping youth should be done only if the remaining youth are under the direct supervision of another officer. If this procedure is not followed, it is quite possible that an escape involving one youth could develop into a situation in which a number of youth escape.

9. If staff can physically intervene in stopping the youth from escaping, he/she should do so by securing the youth. If the youth resists, the officer shall use the DJJ approved Protective Action Response techniques to control the youth.

10. Local law enforcement shall be contacted and advised of the attempted escape.

11. Following an attempted escape, the facility’s administration shall review all aspects of the attempted escape, and submit a corrective action plan to the Regional Director for review and approval.

12. The attempted escape shall be documented in the logbook as identified in Facility Operating Procedures and a detailed incident report shall be completed.

(b)(a) Should a youth successfully escape, staff shall comply with the actions described above as well as the following actions:

1. Local law enforcement shall be contacted immediately and advised of the escape. The reporter is to provide as much information about the youth as possible (height, weight, hair color, eye color, scars, tattoos, clothing description, potential destinations, etc.). A photograph may be provided to law enforcement for identification purposes.

2. The facility Superintendent shall be notified of the escape attempt at the earliest possible time. If the escape occurs at a time when facility administration is not on duty, the shift supervisor shall be responsible for contacting (either by cellular telephone or home telephone) the on-call administrator.

3.(b) The following shall be notified within two (2) hours of the escape:

a.1. Central Communications Center,

b.2. Chief Probation Officer of the circuit,

c.3. Parent/guardian,

d.4. State Attorney, who shall make every effort to notify the victim, material witnesses, parent(s) or guardian(s) of a minor who is a victim or witness, or immediate relatives of a homicide victim of the escapee; and,

e.5. The court having jurisdiction over the youth.

4.(c) The bedding and clothing of the escaped youth shall be confiscated and made available to law enforcement.

5.(d) The escape shall be documented in the logbook as identified in Facility Operating Procedures and a detailed incident report shall be completed.

6.(e) Upon apprehension, the State Attorney and Judge, parents, Juvenile Probation Officer, Chief Probation Officer, law enforcement shall be notified of the youth’s return to the facility.

(c)(f) All staff shall be trained in escape prevention annually. The facility shall conduct and document quarterly mock escape drills.

(21)(20) No change.

Rulemaking Authority 985.601(9)(b) FS. Law Implemented 985.601(9)(b)1., 4. FS. History–New 8-9-15, Amended __________.

 

63G-2.022 Behavior Management and Behavioral Confinement Disciplinary Treatment.

(1) Principles – The use of an established behavior management system promotes safety, respect, fairness and protection of rights within the facility.

(2) Behavior Management:

(a) A behavior management system will enhance safety and security as it relates to youth behavior. The behavioral norms and expectations shall be explained to all youths during the admission process, during orientation, and will be posted in all living areas and shall clearly specify what are appropriate and inappropriate behaviors.

(b) Each facility shall implement a behavior management system that includes:

1. Fair and consistent consequences,

2. A three level system for rewarding positive behavior,

3. A process for youth to move up or down the level system; and,

4. Extra incentives tailored specifically for facility youth as they move up the levels. An internal procedure for the tracking of youth on the behavior management system.

(b)(c) The behavior management system shall be explained to all youth during the admission and orientation process, and a copy of the behavior management system shall be posted in all living areas.  Youth shall be provided an orientation brocuhure at the time of admission, which clearly describes the behavior management system. Group punishment shall not be used as a part of the facility’s behavior management plan. However, corrective action taken with a group of youths is appropriate when the behavior of a group jeopardizes safety or security. This should not be confused with group punishment.

(c)(d) At the beginning of each awake shift, the expectations for the day will be conveyed to the youth.  Officers shall review the daily schedule so youth know what to expect.  The expected behaviors and incentives will be posted in each mod. Corporal punishment shall not be used on any youth. All allegations of corporal punishment of any youth by facility staff shall be reported to the Florida Child Abuse Hotline and the CCC.

(e) The use of drugs to control the behavior of youths is prohibited. This does not preclude the proper administration of medication as prescribed by a licensed physician.

(d)(f) At no time shall a youth be allowed to exercise control over or provide discipline or care of any type to another youth.

(3) Mechanical Restraints:

(a) Mechanical restraints may be used as a method of controlling youth who present a threat to safety and security within the facility. The shift supervisor shall be notified of the need for or application of mechanical restraints as identified in the Protective Action Response Training Curriculum.

(b) Whenever mechanical restraints are used, a report shall be completed and submitted for review. The only exception to this requirement is when mechanical restraints are used to transport youths outside the secure area of the facility.

(c) Mechanical restraints shall be used when transporting youths outside the secure area of the facility.

(d) Mechanical restraints shall not be used as a means of discipline.

(3)(4) Behavioral Confinement:

(a) Behavioral confinement is an immediate, short-term, crisis management strategy for use during situations in which one or more youth’s behavior imminently and substantially threatens the physical safety of others or compromises security. Confinement may not be used to harass, embarrass, demean or otherwise abuse a youth. The use of confinement shall be monitored by the Superintendent or designee.

(b) All youth placed in confinement shall be provided: The time limit for placement of a youth in confinement is no more than eight hours unless the superintendent or his or her designee grants an extension because release of the youth would imminently threaten his or her safety or the safety of others.

1. Three meals per day and an evening snack;

2. Access to medical care as needed;

3. Access to mental health care as needed;

4. Daily shower;

5. Clean clothing daily;

6. Hygiene items such as toothbrush, toothpaste, deodorant and feminine hygien products;

7. Mattress;

8. Education materials provded through education staff; and

9. Notice of the youth’s right to grieve a confinement placement.

(c) Youth shall be removed from confinement as soon as the youth is not a continued threat to safety or security advised of their right to grieve a confinement placement. Supervision and documentation of confinement shall consist of the following:

1. The officer making the confinement placement shall submit an incident report and a confinement report to the supervisor.

2. Supervision shall be documented on the confinement Visual Observation Report (VOR) Log at a minimum of every five (5) minutes during the first hour in confinement.  The youth will be supervised according to how they are classified on the Detention Youth Supervision Matrix (DS 101 August 2020) thereafter.

3. If a physical injury is observed, the youth complains of an injury or illness, the youth has a known chronic health condition (including pregnancy) or the youth experienced a fall, impact, or blow such that injury could reasonably be expected, a health care professional shall be immediately notified for timely assessment and treatment to be documented in the youth individual healthcare record.  For a pregnant youth, the documentation shall consist of a report that includes the reason confinement is necessary, the reason less restrictive means are not available, whether a qualified medical professional objects to the placement, and any alternative recommendations or plan of care.  When a medical professional is not on site to provide an assessment and determine if there is an objection to the placement of a pregnant youth in confinement, then the on-call practitioner must be contacted.  The contact person, date, time and the response from the on-call practitioner shall be documented on the report, which must be given to the pregnant youth within twelve (12) hours. 

4. The Supervisor must conduct an initial confinement review with the youth no later than two (2) hours from the incident.

5. Supervisors and staff are expected to personally counsel the youth throughout the placement and document each interaction on the VOR.

6. The Supervisor will conduct additional reviews with the youth at a minimum of every 3 hours following the initial confinement review and document the review in FMS.  Each review must include a reason for continued confinement.  The reviews shall be done in person and, unless during sleeping hours, shall include a conversation with the youth.

(d) Confinement shall not exceed twenty-four (24) hours for pregnant youth. Confinement for all other youth shall not exceed twenty-four (24) hours except for those rare instances where the youth’s behavior continues to imminently and substantially threaten the physical safety of others or compromises security, at which point the following process for Confinement Review must be initiated: The Superintendent or designee shall notify the Regional Director daily of all open confinements.

1. Confinement Reviews will be chaired by the Regional Director or designee and be conducted in person or over the phone.  The review must be held a minimum of two (2) hours prior to the end of the twenty-four (24) hour period.

2. The Superintendent or designee must provide the chair with a copy of the youth Confinement Report and all documented review and interviews with the youth.

3. The Superintendent or designee and a member of the facility mental health team must meet with the youth prior to the Review to discuss continued confinement.

4. The chair shall document his or her decision.

a. If the youth’s behavior continues to imminently and substantially threaten the physical safety of others or compromise security, the youth shall be continued in confinement for an additional period up to but not exceeding 24 hours.  Mental health staff must see the youth as soon as reasonably possible, and thereafter, regular reviews will be conducted under subparagraph (c)6., above.

b. If the youth’s behavior does not imminently and substantially threaten the physical safety of others or compromise security the youth shall be returned to general population.

c. A copy of the Confinement Review documentation, including the chair’s decision, shall be distributed to the Regional Director and the Assistant Secretary for Detention Services and uploaded into FMS.

5. The youth shall be removed from confinement if, at any point during or after the Confinement Review, the youth’s behavior ceases to imminently and substantially threaten the physical safety of others or compromise security.

(e) The Regional Director or designee must review and grant any confinement extended beyond 24 hours; and, if granted, must notify the Assistant Secretary or designee.

(f) An incident report, including a confinement report, shall be submitted as soon as possible, but no later than one hour of the youth’s confinement to the JJDOS by the JJDO making the confinement placement.

(g) A confinement report shall be reviewed by the JJDOS as soon as possible, but no later than two hours of the youth’s confinement. The review shall include documentation of the allegations and the youth’s opportunity to grieve (appeal) the confinement placement. The JJDOS shall evaluate and document the youth’s status, at a minimum, every three hours to determine if the continued confinement of the youth is required.

(h) No youth shall be held in confinement beyond 72 hours without a confinement hearing. The Regional Director, with approval from the Assistant Secretary for Detention Services, shall designate an employee of the Department who holds a management or supervisory position to conduct the hearing. Notification of the need for a confinement hearing must be made to the Regional Director and the Assisstant Secretary.

(i) The Superintendent or designee shall review the report within forty-eight hours of the end of the confinement, excluding weekends and holidays.

(4)(5) No change.

Rulemaking Authority 944.241, 985.601(9)(b) FS. Law Implemented 944.241, 985.601(9)(b)8. FS. History–New 8-9-15, Amended __________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Dixie Fosler, Assistant Secretary for Detention

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Simone Marstiller, Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 31, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 26, 2020