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Oregon JuvenileDetention FacilityGuidelines5th Edition2020

Oregon Juvenile Detention Facility GuidelinesTable of ContentsYouth Development Division and Oregon Department of Corrections. 5Introduction . 5Foreword . 7Purpose . 7Background . 7Effective Date. 8Format of Revised Guidelines . 8SECTION 1: GENERAL ADMINISTRATION . 91.1 Purpose and Mission . 91.2 Mandatory Juvenile Detention Statutes . 101.3 Administration . 131.4 Inspections/Reviews . 13SECTION 2: INTAKE, ADMISSION AND RELEASE . 152.1 Intake Decisions . 152.2 Admissions . 192.3 Notice of detention hearing. 202.4 Personal Property . 212.5 Orientation. 212.6 Detention Review Hearing . 222.7 Time Limitations. 232.8 Extended Detention . 232.9 Interstate Compact for Juveniles . 242.10 Release . 24SECTION 3: SECURITY AND CONTROL . 253.1 Safety and Security . 253.2 Searches . 263.3 Supervision of Youth . 283.4 Control of Contraband . 283.5 Use of Force . 293.6 Use of Restraints . 311

Oregon Juvenile Detention Facility Guidelines3.7 Room-lock . 333.8 Isolation . 353.9 Emergency Evacuation and Management . 35SECTION 4: PROGRAMS AND SERVICES . 364.1 Mental Health Services (Counseling) . 364.2 Education in Juvenile Detention . 364.3 Extended Detention Programs. 394.4 Recreation and Physical Exercise . 394.5 Library Services . 404.6 Mail, Telephone, Visitation . 41SECTION 5: YOUTH RIGHTS . 435.1 Protection from Harm . 435.2 Access to Courts, Counsel, and Governing Authorities. 455.3 Access to Records and Legal Materials . 465.4 Juveniles with Disabilities . 475.5 Dress, Grooming, and Personal Hygiene . 475.6 Freedom of Religious Expression . 485.7 Grievance Procedures . 49SECTION 6: BEHAVIOR MANAGEMENT SYSTEM . 50Best Practices . 516.1. Rules of Conduct . 516.2 Accountability . 52SECTION 7: PERSONNEL . 547.1 Staffing . 547.2 Drug-Free Workplace . 567.3 Training and Staff Development . 56SECTION 8: RECORDS AND INFORMATION SYSTEMS . 618.1 Youth Records . 618.2 Information Systems . 618.3 Release of Information . 62SECTION 9: HEALTH CARE . 642

Oregon Juvenile Detention Facility Guidelines9.1 Access to Care . 649.2 Mental Health Services . 669.3 Pharmaceuticals . 689.4 Medical and Dental Services . 699.5 First Aid . 709.6 Infectious Disease . 719.7 Informed Consent . 719.8 Health Records . 71SECTION 10: FOOD SERVICES . 7210.1 Meals, Nutrition, and Special Diets. 7210.2 Food Health and Safety. 72SECTION 11: PHYSICAL PLANT . 7311.1 Building and Fire Codes. 7311.2 Rated Capacity . 7411.3 Location. 7411.4 Sleeping Rooms and Dayrooms . 7511.5 Housing for Youth with Physical Disabilities . 7611.6 Classrooms and Activity Space. 7711.7 Environment - Positive Facility Atmosphere. 77SECTION 12: DATA AND EVALUATION . 78APPENDIX A . 79Definitions . 79APPENDIX B . 85JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT SUMMARY . 85APPENDIX C . 87VALID COURT ORDER – STATUTORY EXCEPTION . 87APPENDIX D. 89PROCEDURE REGARDING NATIVE AMERICAN CEREMONIAL ITEMS AND CEREMONIES WITHIN A COUNTYJUVENILE FACILITY . 89APPENDIX E . 90MEMORANDUM OF UNDERSTANDING . 903

Oregon Juvenile Detention Facility GuidelinesEXHIBIT A . 94ROLES AND RESPONSIBILITIES . 94EXHIBIT B . 99SPECIAL REQUIREMENTS . 99APPENDIX F . 100PREA Self-Disclosure and Acknowledgment Form. 1004

Oregon Juvenile Detention Facility GuidelinesYouth Development Division and Oregon Department of CorrectionsWith assistance from:Basic Rights OregonDisability Rights OregonNative American Advisory CommitteeOffice of Legislative Policy and ResearchOffice of the GovernorOregon Department of EducationOregon Judicial DepartmentOregon Juvenile Department Directors’ AssociationOregon Youth AuthorityYouth Development CouncilYouth, Rights and JusticeIntroductionWithin the Oregon juvenile justice system, juvenile detention facility is a locally resourcedentity that provides secure placement for youth pursuant to Oregon Revised Statutes.There are twelve juvenile detention centers in Oregon, operated locally, and three outside ofOregon accessed by adjacent Oregon counties. The Northern Oregon Correctional Facility(NORCOR) is the only juvenile detention facility in Oregon created through a Chapter 190Intergovernmental Agreement. The operation of each juvenile detention facility is theresponsibility of the county juvenile department and the governing entity, except that the 190intergovernmental entity is governed by a Juvenile Detention Oversight Committeerepresenting the member counties (Gilliam, Hood River, Sherman and Wasco).The following is a list of the juvenile detention centers in Oregon and their currently fundedoperating capacity. Several of the facilities have the capacity to expand and constrict based onneeds and funding.5

Oregon Juvenile Detention Facility GuidelinesCountyDeschutes CountyDouglas CountyJackson CountyJosephine CountyKlamath CountyLane CountyLincoln CountyLinn – BentonMarion CountyMultnomah CountyNORCORYamhill CountyTotalCapacity16 beds32 beds24 beds14 beds16 beds16 beds8 beds20 beds32 beds64 beds32 beds24 beds298 bedsLocationBendRoseburgMedfordGrants PassKlamath FallsEugeneNewportAlbanySalemPortlandThe DallesMcMinnville6

Oregon Juvenile Detention Facility GuidelinesForewordPurposeThese guidelines pertain to the general operation of juvenile detention facilities in the State ofOregon. They are binding if identified as statutory, federally mandated, or established byadministrative rule or other regulation. The guidelines are required by Oregon Revised Statute(ORS) 169.090 (2) which states that the Youth Development Council and the OregonDepartment of Corrections are to develop and, when appropriate, revise the guidelines.Each section of these guidelines includes both the mandatory statutes and regulations, and isfollowed with a section outlining best practices with juvenile justice. These guidelines aredesigned to provide juvenile detention facilities the framework to measure the operations andfacilities with others in Oregon and nationally. These recommendations support and ifimplemented assist juvenile detention facilities in meeting and exceeding the mandatorystatutes and regulations.These guidelines do not constitute a comprehensive source of all youth rights or facility’sobligations to these rights under state and federal law, administrative regulations, and the U.S.Constitution. The “best practices” may be grounded in legal rights that are not explicitlyaddressed by the Oregon statutes referenced in the document.For the purpose of these guidelines, a juvenile detention facility is a facility for the securecustody of youth accused or convicted acts which would constitute crimes if committed byadults, or for youth held pursuant to judicial orders or commitments under the provisions ofOregon law (ORS 419A.004, ORS419A.010, ORS419A.050 to ORS419A.063 and ORS420.855).“Child serving systems should commit to core principles to ensure an evidence-based andtrauma informed response.” (Disability Rights Oregon Report, 2017, Recommendation #4).In some instances, statute requires written policy. It will be stated explicitly in the guidelinesbelow when that is the case. The intention of these guidelines, however, extends theexpectation of a written policy for all of the guidelines without directing what that policy mustbe, except when legally mandated.When developing written policy and procedures, a juvenile detention facility should do so in amanner that respects and values diverse life experiences and ensures that all youth are valuedand heard, taking into consideration all people’s gender identity, race, ethnicity, national origin,age, sexual orientation, religious believes, family status, education, and/or disability to establishan inclusive environment, and equitable treatment of all.BackgroundThe guidelines were first adopted in 1982, and revised in 1984 (2nd Edition) and 2001 (3rdEdition) 2012 (4th Edition). The Youth Development Division initiated the current update to the7

Oregon Juvenile Detention Facility Guidelinesguidelines. They reviewed the guidelines and solicited feedback from key stakeholders (OregonDepartment of Corrections, Oregon Juvenile Department Directors’ Association, Office ofGovernor Kate Brown, Oregon Department of Education, Oregon Youth Authority, and others)including advocacy organizations to modify and formalize the revisions. The revised guidelineswere reviewed and approved by the Director of the Oregon Department of Corrections,Director of the Youth Development Division, and the Youth Development Council.Effective DateThe 5th Edition became effective March 19, 2020.Format of Revised GuidelinesThese guidelines incorporate Oregon Revised Statutes (ORS), and other federal and stateregulations and requirements and best practices from the American Correctional Association –Juvenile Detention Facilities, National Partnership for Juvenile Services, National DetentionAssociation, Juvenile Detention Alternatives Initiative – Conditions of Confinement SelfAssessment. ORS references are in bold and link to each respective reference. To accommodatechanges in statute and administrative rules, statutory provisions are either paraphrased orreferenced. Questions about specific language should be answered by referring to the mostrecent statute, administrative rule or regulation. These guidelines should be used withcomprehensive written policies that ORS 169.760 requires for each juvenile detention facility.This format is intended to provide a uniform framework for organization of local policies.For questions, please contact Juvenile.Detention.Guidelines.Help@state.or.us8

Oregon Juvenile Detention Facility GuidelinesSECTION 1: GENERAL ADMINISTRATION1.1 Purpose and MissionThe purposes of the Oregon juvenile justice system beginning with apprehension are to protectthe public, to reduce juvenile delinquency, and to provide fair and impartial procedures for theinitiation, adjudication and disposition of allegations of delinquent conduct. The system isfounded on principles of personal responsibility, accountability and reformation within acontext of public safety and restitution to victims and to the community. As required by ORS419C.001, the system shall provide a continuum of services that emphasize prevention offurther criminal activity by the use of early and certain sanctions, reformation andrehabilitation programs and swift and decisive intervention in delinquent behavior, and thesystem shall be open and accountable to the people of Oregon and their electedrepresentatives.Juvenile detention facilities provide secure placement for public safety, ensure courtappearance, and reintegration services for youth accused of acts which if committed by adultsas defined in ORS 419C.145(2). Youth can also be held pursuant to judicial order orcommitment, and which are established under the provisions of Oregon law. (ORS 419A.004,ORS419A.010, ORS419.050 to AORS419A.063 and ORS420.855) Children or youth charged withoffenses that would not be crimes if committed by adults shall not be held in a detentionfacility, unless permitted by state law.“Juvenile detention facility” means a facility as described in ORS 419A.050 – Authority toacquire, equip and maintain detention and shelter facilities and 419A.052 – Specifications offacilities.In addition to maintaining public safety, juvenile detention facilities are used for skilldevelopment, K-12 education, rehabilitation, addressing treatment needs and facilitating thesuccessful reintegration of youth into the community. County detention facilities should committo core principles to ensure best practices and services. Juvenile detention facilities shouldintegrate culturally-sensitive, gender-responsive, trauma-informed and developmentallyappropriate approaches into policy, programming and practices. All detention facilities shouldbe committed to implementing best practices that teach life skills and incentivize pro-socialbehavior in an effort to develop the tools needed for youth to re-enter and thrive in thecommunity.9