N.M. Admin. Code § 8.14.14.12

Current through Register Vol. 35, No. 21, November 5, 2024

Section 8.14.14.12 - PHYSICAL PLANT

A. A detention center for juveniles may be collocated within, as part of, or on the same immediate grounds of an existing municipal or county jail or courthouse which contains a jail, provided that all state and federal requirements for a collocated center are met, in accordance with these standards. (See also 28 CFR 31.303.)

B. The requirements for collocated centers include the following:

(1) separation, achieved architecturally or through time-phasing of common, non-residential areas, between juveniles and adults, so that there can be no sustained sight or sound contact between juveniles and detained adults in the center;

(2) total separation in all juvenile and adult programs, including recreation, education, vocation, medical and behavioral health care, dining, sleeping and general living activities;

(3) an independent and comprehensive operational plan for the juvenile detention center providing for a full range of separate services is in place; and

(4) separate juvenile and adult staff, including management at an administrative level, security staff, and direct care staff.

C. Specialized services staff such as cooks, bookkeepers, medical providers, and maintenance workers, who do not directly supervise juveniles and adults, can serve both.

D. The day to day management, security, and direct care functions of the juvenile detention center are vested in a totally separate staff, dedicated solely to the juvenile population.

E. The center's site must meet the following standards:

(1) an area large enough to provide an outdoor recreation area for the maximum capacity of juveniles;

(2) the outdoor recreation area must be enclosed by a wall or fence at least 16 feet high and located strategically to prevent juveniles and the general public from seeing one another, except at a reasonable distance, to prevent passing contraband;

(3) the property must be large enough to prevent encroachment of new construction on adjoining properties;

(4) the site must be sufficiently large to discourage exposure at windows and to prevent passing contraband through or over a fence or wall;

(5) there should be sufficient area to allow future expansion of the center; and

(6) there should be adequate parking space for staff and visitors.

F. All approvals of local zoning boards, city or county commissioners, or other responsible local bodies are necessary to receive certification.

G. The center shall comply with all applicable federal, state, and local health, safety, and building codes and accessibility requirement of the American's with Disabilities Act.

H. The population in housing or living units cannot exceed the rated capacity of certification, unless otherwise waived by the department.

I. Multi-purpose facilities shall be made equally available to male and female juveniles while maintaining necessary privacy, sight and sound separation, and physical separation.

J. Water for showers is temperature controlled.

K. Living units are primarily designed for single-occupancy sleeping rooms. Any use of multiple occupancy rooms cannot exceed 20 percent of the single bed capacity of the unit. There are at least 80 percent of all beds in rooms designed for single-occupancy only.

L. New construction requirements for single-occupancy sleeping rooms include the following:

(1) at least 70 square feet of floor space,

(2) the toilet is above floor level and is available for use,

(3) wash basin and drinking water,

(4) hot and cold running water,

(5) a bed above floor level,

(6) natural or artificial light, and

(7) shower facilities.

M. At no time shall male and female juveniles occupy the same sleeping room, privacy must be provided with no direct sight or sound contact between male and female juveniles.

N. Temperature control and ventilation shall be available in the event of a power failure. All heating, air conditioning, piping, boilers, and ventilation equipment shall be installed and maintained to meet all requirements of current state and local mechanical, electrical, and construction codes. Temperatures shall be maintained at a reasonable degree at all times.

O. The total indoor/outdoor activity space apart from the sleeping area provides at least 100 square feet per juvenile.

P. The center shall provide adequate, appropriate space for the following:

(1) visitation with some privacy, as security allows;

(2) religious services;

(3) interviews in or near the living unit;

(4) telephone calls;

(5) secure storage space for juveniles' property and personal belongings;

(6) storage for clothing, bedding, and center supplies;

(7) separate and locked spaces for mechanical equipment with inventory lists and sign in/out logs that are maintained;

(8) sleeping rooms and housing units used by disabled juveniles are designed for their use and shall provide the maximum possible integration with the general population and ensure their safety and security;

(9) all areas of the center that are accessible to the public shall be accessible to and usable by disabled staff, juveniles, and visitors;

(10) a dayroom for each housing unit or cluster with a minimum of 35 square feet of floor space per juvenile and be separate and distinct from the sleeping area, which is adjacent and accessible; and

(11) units housing male and female juveniles, sharing day rooms, restrooms, and activity areas, shall provide separate and private areas for males and females and prevent all sight and sound contact between males and females when in their sleeping quarters, shower areas, or other areas requiring privacy.

Q. There shall be a written plan for preventive maintenance of the physical plant with provisions for emergency repairs or replacement of equipment. This plan shall be reviewed annually and updated as needed.

N.M. Admin. Code § 8.14.14.12

8.14.14.12 NMAC - N, 7/31/01; A, 10/17/11, Adopted by New Mexico Register, Volume XXIX, Issue 24, December 27, 2018, eff. 1/1/2019