(1) Security Audits.

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Terms Used In Florida Regulations 63G-2.019

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Statute: A law passed by a legislature.
    (a) In order to maintain appropriate security within the facility, ongoing reviews and audits of security systems, devices, and procedures must be conducted. The Superintendent shall ensure security audits are conducted and documented on a quarterly basis.
    (b) Audit results shall be submitted to the Regional Director within ten business days of completion of the audit.
    (2) Security Devices.
    (a) Employees and contracted staff shall ensure:
    1. All doors are closed and locked when not in use to include, but not limited to, closets, offices, laundry, classrooms, and storage rooms.
    2. All occupied and unoccupied cell room doors are closed and locked at all times.
    3. No door shall be propped open unless approved by the Superintendent or designee for documented extenuating circumstances. Documentation of the permission to have the door(s) propped open shall be in the logbook.
    4. Cell doors are opened and secured individually except during a facility emergency.
    5. Personal cell phones are prohibited in the secure area of a detention center without the written authorization of the Superintendent or designee.
    (b) Facility staff shall ensure the provision of a clean, safe and secure physical environment that is in proper repair with all security equipment fully functional and operable.
    (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.
    (4) Master Control – Master Control is responsible for maintaining chronological documentation of all activity within the facility.
    (5) Communications.
    (a) The Superintendent shall require that officers and Supervisors, upon reporting to duty, are briefed by the outgoing JJDOS or designee on each shift.
    (b) All officers assigned to the direct supervision of a group of youths shall be issued radios to be used to communicate with other officers, Supervisors and Master Control as needed. Facility administration shall be assigned radios compatible with those issued to staff.
    (c) Radio 10 codes shall be utilized for standard radio communications.
    (d) Color codes, via radio communications and/or intercom announcements, shall be utilized to announce certain emergencies to officers and other facility personnel. The communication of a color code shall include the location where the incident is occurring.
    (6) Key Control: The Superintendent shall outline a system of key control that addresses assignment, tracking, storage and disposal or replacement of lost or damaged keys, including keys to the program’s vehicles. Emergency key rings shall be maintained separately in a secure location designated by the Superintendent. These keys shall be notched or otherwise identifiable by touch and shall provide egress through facility exterior doors providing access to evacuation areas.
    (a) Employees who are issued keys shall receive key control training prior to receiving facility keys and shall carry the assigned keys on their person at all times when in the facility.
    (b) Youths are not allowed to handle or use facility keys.
    (7) Youth Movement.
    (a) Officers shall remain alert while they interact with youths.
    (b) Officers must be aware of the location and movement of all youths assigned to their supervision at all times.
    (c) All youths shall be in sight of at least one JJDO at all times (with the exception of sleeping hours or time secured in rooms).
    (d) Officers are prohibited from leaving their area of responsibility without being properly relieved by a co-worker and obtaining approval from the Supervisor.
    (e) When a youth leaves the group or program area of the facility for any reason, all officers assigned to supervise the youth must be informed.
    (f) Master Control authorizes all movement of youths prior to the actual movement. No movement shall occur until Master Control gives clearance and authorizes the movement.
    (g) When moving youths from one area of the facility to another, officers shall:
    1. Stop all group activities prior to the scheduled move to allow time to prepare the group to move.
    2. Count all youths before leaving the area, around corners, and upon arrival at the destination.
    3. Be positioned so that visual sight of all youths is maintained throughout the move.
    4. Never allow any youth to trail behind an officer.
    5. Move youths in a straight line along one side.
    (8) Visual Observation Report (VOR).
    (a) When a youth is confined to a room, whether for sleeping or other reasons, officers shall conduct visual observations to ensure safety and security.
    (b) Visual observations shall be documented to include the time of the observation and the initials/identification of the officer completing the observation. Electronic documentation is acceptable for facilities using electronic cell check systems, however, pre-printed times are prohibited.
    (c) There shall be no obstructions (clothing, memos, pictures, etc.) over windows and areas where staff are likely to be in the presence of youths and direct line of sight is needed.
    (d) If an officer, in the course of completing observations, is unable to see any part of a youth’s body, the officer shall, with the assistance of another officer, open the door to verify the youth’s presence.
    (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.
    (9) Alerts – In order to ensure the safety and well-being of youth, Superintendents shall be responsible for ensuring that JJIS Alerts are reviewed, responded to appropriately, and documented.
    (10) Counts.
    (a) Officers must know the exact number and location of all youths under their supervision at all times. Census counts of youths shall be taken, called into Master Control, and documented, at a minimum:
    1. At the beginning and end of each shift.
    2. Following any emergency to include: power outages, evacuation due to emergency drills, and any code called. In the event a code is called in any location outside the main walls of a facility, it is critical that all youth counts are reconciled prior to the movement of any group of youths.
    3. Prior to and following routine group movement.
    4. Anytime a population change occurs.
    5. Randomly, at least once on each shift.
    (b) There shall be no youth movement during counts until Master Control confirms the counts, reconciles the count and authorizes facility activity to resume.
    (c) At the discretion of the Superintendent or designee, visitors may be asked to exit the secure area of the facility during shift change or to cease any non-essential movement.
    (11) Staff Positioning – Officers will position themselves strategically in the mod, during movement, in the classroom and other areas of the facility or during transportation so as to have optimum sight and sound supervision.
    (12) Searches.
    (a) The Superintendent shall ensure that the primary function of any search is to locate contraband and to identify any item or situation that may be hazardous or otherwise compromise safety or security.
    (b) All searches, and the result of each search, shall be documented in the designated logs, in FMS or a manual logbook used for these recordings, and on the shift report.
    (c) Any item or situation which may compromise safety or security shall be reported immediately to the JJDOS.
    (d) Law enforcement shall be contacted if any item found would be considered illegal as defined in Florida Statute, or if there is evidence of any type of unlawful activity.
    (e) Frisk, Strip and Other Physical Searches.
    1. Electronic searches of youths shall be conducted during admission and following any transport.
    2. An officer of the same sex as the youth being searched shall conduct a frisk search.
    3. Frisk searches shall be conducted: during admission; following activities outside the secure area of the facility; following visitation with a person(s) from outside of the facility (visitation, attorney, clergy, etc.); prior to and after transportation; or if there is a reasonable suspicion that a youth is harboring contraband. Based upon youth behavior, a frisk search will be conducted prior to being placed in behavioral confinement.
    4. A strip search is a visual check of a youth without clothing. A strip search shall be conducted in a private area with two staff members present, both of the same sex as the youth being searched. If two staff of the same sex as the youth are not available, one staff of the same sex as the youth may conduct the strip search while a staff of the opposite sex is positioned to observe the staff person conducting the search, but cannot view the youth.
    5. Strip searches shall be conducted during admission or if there is a reasonable suspicion a youth is harboring contraband.
    6. Staff shall prepare the youth prior to the initial frisk search or any strip search by explaining the purpose and procedure of the search, while assuring the youth of his or her safety. Throughout the search, staff shall avoid using unnecessary force and shall treat the youth with dignity and respect to minimize the youth’s stress and embarrassment.
    7. Staff shall not search or physically examine a transgender or intersex youth for the sole purpose of determining the youth’s genital status. If the youth’s genital status is unknown, it may be determined during conversation with the youth, by reviewing medical records, or, if necessary, by learning that information as part of a broader medical examination conducted in private by a medical practitioner.
    8. Cavity searches shall be approved by the Superintendent or designee when it is strongly suspected that a youth has concealed contraband in a body cavity. Trained medical personnel must conduct a cavity search in a hospital setting. Detention staff are not authorized to conduct a cavity search.
    (f) The following shall be documented in FMS when applicable:
    1. Room searches shall be conducted during the first two shifts (morning and afternoon) or if there is a reasonable suspicion that a youth is harboring contraband in a room.
    2. Recreation field searches shall be conducted prior to any outdoor activity.
    3. Perimeter, outside the fence line, and parking lot(s) searches shall be conducted once during each shift.
    (13) Contraband – The facility must have procedures in place to dispose of contraband.
    (14) Criminal Gangs.
    (a) Each facility shall identify a staff person to serve as a gang representative.
    (b) Facility staff shall share pertinent gang-related information, as appropriate, with the Florida Department of Law Enforcement, local law enforcement, Department of Corrections, school districts, the judiciary, and social service agencies, as well as with a youth’s JPO.
    (c) Consequences for youths who participate in any criminal gang activity or any other gang related activity not specifically defined in statute shall be consistent with the behavior management program.
    (15) Disturbances.
    (a) Disturbances must be reported to the CCC according to the requirements of Chapter 63F-11, F.S. The Superintendent or designee shall be responsible for the notification of the Regional Director.
    (b) A Code is to be called any time an officer determines that there is a potential threat to the safety of officers, youths, or property.
    (16) Hostages: Each facility must have a plan in place to address hostage situations that must include, in the event a hostage situation occurs, the following procedures:
    (a) If hostages are involved in an escape or other situation, staff should do nothing that shall, in any way, endanger the safety of the hostages.
    (b) The nearest officer shall notify Master Control of the hostage situation, giving the location and number of youth involved.
    (c) Master Control shall contact 9-1-1. If the incident occurs outside the facility, the officers involved will also contact 9-1-1 and Master Control.
    (d) The shift supervisor shall immediately notify the Superintendent or designee of a hostage situation.
    (e) If directed by administration, staff shall attempt to verbally intervene using calming non-confrontational language. The Superintendent or his representative shall notify the Detention Regional Director.
    (f) All youth not involved in the situation shall be moved to the nearest secure area. The area in which the hostage has been taken shall be secured until the situation has been resolved.
    (g) If at all possible, the situation should be stalled until a trained law enforcement negotiator arrives.
    (h) The CCC shall be contacted according to the reporting guidelines.
    (17) Capacity/Overcrowding.
    (a) Each Facility shall develop an overcrowding contingency plan.
    (b) The plan shall address:
    1. The maximum number of youths the facility is capable of housing safely and securely. If the number of youths in a facility is such that the amount is greater than 125 percent of the designated bed capacity, the facility shall be considered overcrowded.
    2. Actions to be taken when the facility reaches the identified maximum capacity shall include requesting release of youths through the Court and transferring youths to other facilities if space is available and if deemed to be in the best interest of safety and security.
    (18) Firearm and Weapon Control.
    (a) The Superintendent shall ensure the following:
    1. Firearms and weapons as defined in Florida Statutes Chapter 790, shall not be in the possession of any facility employee while on facility property or during the performance of their job.
    2. Firearms and weapons may only be brought into the secure area of any detention facility by law enforcement when emergency conditions exist.
    (b) The possession of any firearm or weapon by a youth is a criminal act. Such items shall be seized if there is no immediate danger posed and law enforcement must be contacted.
    (19) Emergencies – Officers and other facility staff shall be trained and prepared to address emergency situations. Any facility staff member shall call 9-1-1 if it is believed that any youth or staff requires emergency care. If 911 services are requested, Master Control shall be notified of the request as soon as possible to assist arriving emergency personnel in getting to the proper location.
    (20) 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) 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. The following shall be notified within two (2) hours of the escape:
    a. Central Communications Center,
    b. Chief Probation Officer of the circuit,
    c. Parent/guardian,
    d. 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. The court having jurisdiction over the youth.
    4. The bedding and clothing of the escaped youth shall be confiscated and made available to law enforcement.
    5. The escape shall be documented in the logbook as identified in Facility Operating Procedures and a detailed incident report shall be completed.
    6. 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) All staff shall be trained in escape prevention annually. The facility shall conduct and document quarterly mock escape drills.
    (21) Vehicles.
    (a) Vehicle searches shall be conducted prior to and after the transportation of any youths.
    (b) All vehicles shall be inspected and the inspection documented prior to each use. If, during vehicle safety and security inspection, any item is found or suspected to be out of compliance, and no other vehicle is available, the officer must have the transportation coordinator or the JJDOS’ approval prior to transport.
    (c) The transporting officer(s) shall inspect and document the inspection of the inside of vehicle prior to the transport to ensure that the vehicle is safe and that no contraband is present. The officer shall inspect each seat, underneath and between the cushions, air vent, around the security cages, and the floor areas. If any contraband is found, the officer shall turn it over to the JJDOS and write an incident report documenting the find and circumstances. After completion of the search, the vehicle shall be locked to prevent the possible introduction of contraband.
    (d) General Vehicle Guidelines.
    1. Fifteen-passenger vans can transport no more than thirteen youths at any one time.
    2. Each vehicle is to include at least two transporters, one of which must be gender appropriate.
    3. Youths and staff are not permitted to smoke or use any tobacco products.
    4. Transporters are not permitted to play radios, taped music, or any other electronic devices while youths are in the vehicle.
    5. Cell phone usage (calls and texting) for personal reasons is prohibited.
    6. All persons riding in state vehicles or personal vehicles while on state business shall use seat belts.
    7. Transporters must observe all traffic laws.
    8. If a youth in custody attempts to escape, one (1) staff shall remain to control the other youths and call for assistance. The second staff shall pursue the escapee. Extra caution shall be used as to not pursue the escapee into oncoming traffic.
Rulemaking Authority 985.601(9)(b) FS. Law Implemented 985.601(9)(b)1., 4. FS. History-New 8-9-15, Amended 11-22-20.