N.M. Admin. Code § 8.14.14.14

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

Section 8.14.14.14 - SECURITY, STAFFING, AND CONTROL

A. All centers shall submit a plan to the department within 90 days of beginning operations, which demonstrates the center's ability to provide adequate management, control, supervision, staff coverage, program activities, and security, and address at a minimum:

(1) center structure,

(2) population flow,

(3) staff ratios,

(4) adequate supervision during day time, lockdowns, room confinements, suicide prevention coverage times, and sleeping hours,

(5) indoor and outdoor recreational activities,

(6) staff training,

(7) staff absence policy (e.g., sick leave, vacation, etc.),

(8) policies and procedures to ensure juveniles shall be safe from physical and verbal assault, harassment, threats of violence, theft, intimidation, and sexual misconduct, including sexual harassment and sexual abuse, and

(9) policies and procedures to safeguard against all sight and sound contact between juveniles and detained adults.

B. All centers shall maintain staff/juvenile ratios with a minimum of one juvenile detention officer for every eight juveniles during day and swing shifts, and a ratio of one juvenile detention officer for every 16 juveniles during sleeping hours.

C. Staff of the same gender as the juvenile shall be present when conducting strip (visual) and pat searches and monitoring shower and toilet areas, except in exigent circumstances. Additionally, there is no direct sight or sound contact between males and females in these areas or living quarters.

D. The center shall operate a control center which is staffed at all times.

E. The center perimeter shall be secured in such a way that juveniles remain within the perimeter and that access by the general public is denied without proper authorization.

F. The center shall have written policies and procedures requiring that all security perimeter entrances and exterior doors are kept locked except when used for entry or exit and in cases of emergencies.

G. The center shall have written policies and procedures to govern the availability, control, inventory and use of physical/mechanical restraints and include the following:

(1) restraints are only used for justifiable self-defense, protection of juveniles from hurting themselves, protection of others, protection of property, and the prevention of escapes;

(2) restraints are only used as a last resort after all other attempted less restrictive interventions have failed;

(3) following the intake process, staff consider the juvenile's medical condition and history of abuse when utilizing restraints;

(4) mechanical restraints shall only be applied by, or with the authorization of, the center administrator or designee, medical provider, or behavioral health clinician; and

(5) restraints shall be defined in policies and procedures as "the use of any physical intervention, mechanical device, or pharmaceutical used to restrict movement of a juvenile or the movement or normal function of a portion of an individual's body during isolated, serious incidents".

H. The center is responsible for training staff on the proper techniques for applying restraints, both physical and mechanical, and for properly monitoring juveniles who are in restraints. The center may not use restraints:

(1) as punishment or sanctions,

(2) for convenience of staff, or

(3) as a substitute for programs or activities.

I. Center staff monitor a juvenile placed in mechanical restraints at a minimum of every five minutes and record each of those checks in the juvenile's records.

(1) At the onset of a mechanical restraint, a medical provider must be notified. Within one hour of a mechanical restraint, a medical provider must assess the juvenile regardless of how long the restraint was in use. A mechanical restraint may not be in effect for a period longer than one hour for every 24 hour period without written authorization from the center administrator.

(2) The mechanical restraint devices used at the center must be manufactured and developed specifically for such use and, therefore, designed to cause the least possible physical discomfort and avoid physical injury to the juvenile.

(3) The only approved mechanical restraint devices are the following:

(a) handcuffs,

(b) waist chain/belts,

(c) foot shackles,

(d) safety helmets,

(e) spit guards,

(f) disposable/flexible cuffs, and

(g) soft restraints as defined by these standards.

(4) The use of all other mechanical restraint devices is prohibited.

(5) The use of restraint chairs is prohibited.

(6) The use of chemical/aerosol restraints is prohibited.

(7) The use of restraints in a courtroom is prohibited, unless ordered by the judge.

J. The administration of pharmaceutical restraints shall not be used except under the direction and authorization of a medical provider after all other efforts to manage behavior have failed.

K. Written policies and procedures shall provide for weekly inspection and maintenance of mechanical restraints devices.

L. All use of force incidents including physical, mechanical, and pharmaceutical restraints are reported (in writing) to and reviewed by the center administrator within 24 hours. Additionally, the following information shall be recorded in the log maintained for that purpose prior to the end of the shift on which the restraint occurred:

(1) the name of the juvenile,

(2) the date and time restraints were used,

(3) the type of restraint used,

(4) the name of the staff requesting use of the restraint,

(5) the name of the supervisor or medical provider authorizing the use of restraint,

(6) the name of the staff who actually conducted the restraint,

(7) the reason for the use of the restraint, and

(8) the date and time the juvenile was released from the restraint.

M. All use of force incidents including physical, mechanical, and pharmaceutical restraints and all serious incidents are reported to the local juvenile probation officer supervisor and the department's detention compliance monitor within 24 hours of the incident or by the next business day via email or by fax if the report contains protected information.

N. The center shall have written policies and procedures requiring that staff inspect every area of the center daily and submit a written report to the center's administrator whenever deficiencies are noted. All such documentation shall be readily available to the department.

O. The center shall have a written policies and procedures to search staff, contractors, volunteers, student interns, juveniles, and visitors for contraband. Information on contraband and notification of searches are posted at the center's main entrance.

P. Strip (visual) searches shall be conducted without specific authorization only upon admittance or return to the center. At all other times, searches shall be conducted based on reasonable suspicion, and must be authorized by the center administrator or designee.

Q. The center shall notify the local juvenile probation officer supervisor and the department's detention compliance monitor of any suspension of services or center closure (temporary or permanent). The notification must be submitted 30 days prior to the change. A statement describing provision of essential services, continuation of client care, possible alternative placement, and a plan to restore normal operations shall accompany the notification.

R. Firearms are not permitted in the center except as defined by the center policies and procedures.

S. The center shall have written policies and procedures governing the control and use of keys and an accounting of all material related to the ingress/egress to the center.

T. The center shall have written policies and procedures governing the control and use of tools and medical and culinary equipment.

U. The center shall have written policies and procedures for handling escapes, walkaways, and unauthorized absences. The policies and procedures shall include documenting, investigating, and reporting to the department.

V. The center shall have written policies and procedures that provides for a communications system within the center, and between the center and the community, specifically in the event of an emergency.

W. The center shall have written policies and procedures governing the transportation of juveniles when transportation is provided by center staff.

X. The center shall have written policies and procedures to provide transportation in emergencies or evacuation from the center including all notifications to the public and to the department.

Y. The center shall have written policies and procedures governing the transportation of juveniles from one jurisdiction to another.

Z. The center shall have written policies and procedures prohibiting the admittance of children younger than the age limit identified in the Children's Code, status offenders, persons charged or previously adjudicated as delinquents or youthful offenders who are 18 years of age and older who have previously been detained with an adult population, and persons who are 18 years of age and older who are participating in a juvenile specialty court program serving custodial sanctions.

N.M. Admin. Code § 8.14.14.14

8.14.14.14 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