Or. Admin. R. 423-155-0010 - Maintaining Compliance with Custody and Facility Provisions of the Juvenile Justice and Delinquency Prevention Act (JJDPA)
(1) To
perform its duties as required by the JJDPA in ORS
417.850(12),
the YDD may collect Data and inspect any Facility, as defined in rule, in which
juveniles are detained.
(2) Places
established as Facilities under the definition in OAR 423-155-0001, shall be
surveyed either online or in person by the YDD, for the purpose of determining
if a Facility meets the classification of one of the following types, in
accordance with definitions found in U.S.C. § 11103, and for the purpose
of determining the standards applicable when analyzing Data collected pursuant
to 34 U.S.C. § 11333 :
(a)
Institution;
(b) Secure Detention
or Correctional Facility; or
(c)
Adult Jail or Lockup.
(3) Facilities that do not fall under OAR
423-155-0010 (2)(a) - (2)(c), but are still secured through the installment of
Construction Features, may be classified as an Other Secure Holding Facility,
and made exempt from inspection, and will only be monitored through Survey and
Spot-Check.
(4) Facilities
classified as Institutions shall be inspected once every three years to verify
the need and ability to provide adequate separation between juveniles and adult
inmates when both are detained in accordance with the standards set forth in
34
U.S.C. §
11133 Section
223(a)(12).
(5) Institutions that
also meet the definition of Secure Detention or Correctional Facilities will
have their Data collected once per federal fiscal year for the purpose of
establishing whether any status or non-offender type juveniles were detained or
confined in violation of the standards, or pursuant to applicable exceptions
set forth in
34
U.S.C. §
11133 Section 223(a)(11). The
YDD may collect Data at a rate more than once per federal fiscal year if the
corrective action process, as described in OAR 423-155-0025, becomes
initiated.
(6) Institutions that
also meet the definition of Adult Jails or Lockups will have their Data
collected once per federal fiscal year for the purpose of establishing whether
any juveniles were detained or confined in violation of the standards, or
pursuant to applicable exceptions set forth in
34
U.S.C. §
11133 Section 223(a) (13). The
YDD may collect Data at a rate more than once per federal fiscal year if the
corrective action process, as described in OAR 423-155- 0025, becomes
initiated.
(7) Violations
identified through collection of Data, or during on-site inspections will be
addressed through a corrective action process as described in OAR
423-155-0025.
(8) A Compliance Plan
may be requested from Institutions under the following circumstances:
(a) During an on-site inspection once every
three years;
(b) Whenever there is
a violation of the standards applicable; or
(c) Anytime the YDD finds that an
Institution's juvenile policies have changed and the policy on record at the
YDD is outdated.
(9) The
YDD shall assist Facilities in complying with the JJDPA by way of technical
assistance, manuals, or other guidance made available upon request or on the
YDD's website.
Notes
Statutory/Other Authority: ORS 417.847
Statutes/Other Implemented: ORS 417.850, ORS 417.851, ORS 417.852 & 417.855
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