83 Neb. Admin. Code, ch. 1, § 003

Current through September 17, 2024
Section 83-1-003 - Enforcement

If upon completion of an inspection, a juvenile detention facility is found to be in violation of any part of these Standards, the Jail Standards Board shall send notice of such non-compliance to the facility administrator, governing body responsible for the facility and the presiding district judge of the judicial district on which the facility is located.

003.01 Upon receipt of a notice of non-compliance from the Board, the facility administrator, governing body and the presiding district judge shall meet promptly to consider the official notice. Inspection personnel shall be available to advise and consult concerning appropriate corrective action.
003.02 The facility administrator and governing body shall develop a plan of corrective action to correct the deficiencies cited in the report. The plan shall include a description of the nature of non-compliance for each Standard cited, the steps to be taken to correct the deficiency, and a projected completion date. The plan shall be submitted to the Jail Standards Board for its approval. Corrective action, as outlined in the plan and approved by the Board, shall be initiated within six months of the receipt of the official notice.
003.03 If the facility administrator and governing body fail to initiate appropriate corrective action within six months of the receipt of official notice of non-compliance, the Jail Standards Board may petition the district court within the judicial district in which the facility is located to close such facility, or objectionable portion thereof.
003.04 The governing bodies of facilities which are in substantial non-compliance with standards outlined in Chapter 17 relating to existing physical structures may have a minimum of three years from the receipt of official notice of non-compliance to correct those cited deficiencies if the Jail Standards Board determines the following conditions have been met:
003.04A A plan of corrective action has been developed and approved by the Jail Standards Board in a timely manner as prescribed in 003.02 above;
003.04B Meaningful progress towards achieving compliance is demonstrated during the time frame approved by the Jail Standards Board in the corrective action plan; and
003.04C The deficiencies cited are not of a nature so as to pose an immediate danger to juveniles or facility personnel, in which case prompt corrective action on those violations is required.

83 Neb. Admin. Code, ch. 1, § 003