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Document Citation: 63E-7.013, F.A.C.
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FLORIDA ADMINISTRATIVE CODE
TITLE 63 DEPARTMENT OF JUVENILE JUSTICE
63E RESIDENTIAL SERVICES
CHAPTER 63E-7 OPERATION OF RESIDENTIAL PROGRAMS
Date:
08/31/2009
Document:
63E-7.013 Safety and Security.
(1) Physical Security Features. A residential commitment program shall provide physical security features as required pursuant to Chapter 985, F.S., the provider's contract with the department, if applicable, and the provisions listed below based on the restrictiveness level of the program. Unless specified otherwise in a provider's contract with the department, and contingent upon legislative appropriations, the department is responsible for providing the following physical security features in a program operated in a state-owned building.
(a) Although a low-risk program is not required to be physically secure, authorized features include delay-open door alarms, window alarms, electronic search devices, video surveillance equipment, radio or cellular phone communication devices for staff, and exterior lighting.
(b) A moderate-risk program shall be environmentally secure, staff secure, or hardware-secure with walls, fencing, or locking doors. Additionally, the following security features are authorized, but not required, for a moderate-risk program:
1. Security fencing with an inside overhang or razor wire;
2. Door locks on entry, exit, and passage doors, with a manual override capability if locks are electronic;
3. Secure windows of break-resistant or screened glass;
4. Delay open door and window alarms;
5. Camera surveillance system;
6. Secure sally port;
7. Secure pedestrian gate;
8. Exterior security lighting;
9. Electronic search equipment; and
10. Radio or cellular phone communication devices for staff.
(c) A high-risk program shall provide security features that include a minimum of 12-feet high perimeter fencing, with an inside overhang or razor wire; door locks on entry, exit and passage doors, with a manual override capability if locks are electric; secure windows of break-resistant or screened glass; and exterior security lighting. A high-risk program shall also provide radio or cellular phone communication devices for staff. Additionally, the following security features are authorized, but not required, for a high-risk program:
1. Camera surveillance system;
2. Secure sally port;
3. Secure pedestrian gate; and
4. Electronic search equipment.
(d) A maximum-risk program shall provide the following security features:
1. Perimeter security fencing of at least 12 feet in height, with an inside overhang or razor wire;
2. Door locks on entry, exit, and passage doors, with a manual override capability if locks are electronic;
3. Camera surveillance system, with inside and outside cameras and taping capability;
4. Sally port with intercom capability;
5. Secure pedestrian gate with intercom capability;
6. Secure windows that are break-resistant or screened glass;
7. Sleeping room doors that open out;
8. Exterior security lighting;
9. Electronic search equipment; and
10. Radio or cellular phone communication devices for staff.
(2) Staffing Ratios. Any low-risk residential commitment program of more than five beds, and any moderate-risk, high-risk, and maximum-risk restrictiveness level program shall provide awake staff supervision 24 hours per day.
(a) Establishment of staff-to-youth ratios for each contracted or state-operated program shall be based on the following factors:
1. Restrictiveness level of the program;
2. Special needs of the targeted population; and
3. Facility layout or physical plant design.
(b) Staff-to-youth ratios in a privately operated residential commitment program shall be provided as specified in the provider's contract with the department and shall be monitored for compliance by the department.
(c) Staff-to-youth ratios in a state-operated program shall be specified in the department's monitoring plan for the program and shall be monitored for compliance by the residential monitor designated by the department.
(3) Supervision of Youth. All residential commitment program staff shall promote safety and security by maintaining active supervision of youth to include interacting positively with youth, engaging youth in a full schedule of constructive activities, closely observing behavior of youth and changes in behavior, and consistently applying the program's behavior management system.
(a) Program staff shall account for the whereabouts of youth under their supervision at all times.
1. Each program shall ensure that staff conduct and document resident counts minimally at the beginning of each shift, after each outdoor activity, and during any emergency situation, escape incident or riot.
2. Each program shall track daily census information to include, at a minimum, the total daily census count, new admissions, releases or direct discharges, transfers, and youth temporarily away from the program.
3. If, at any time, program staff cannot account for any youth's whereabouts or they find discrepancies between resident counts and the tracking of daily census information, the program shall reconcile immediately and take follow-up action as needed.
(b) A residential commitment program shall ensure that staff observe youth at least every ten minutes while they are in their sleeping quarters, either during sleep time or at other times, such as during an illness or room restriction. Staff shall conduct the observations in a manner to ensure the safety and security of each youth and shall document real time observations manually or electronically.
(4) Procedures. A residential commitment program shall develop and implement written facility operating procedures or protocols addressing safety and security.
(5) Safe and Secure Facility. A residential commitment program shall maintain a safe and secure physical plant, grounds and perimeter and shall:
(a) Conduct weekly security audits and safety inspections;
(b) Develop and implement corrective actions warranted as a result of safety and security deficiencies found during any internal or external review, audit, or inspection; and
(c) Verify that deficiencies are corrected as follows and existing systems are improved or new systems are instituted as needed to maintain compliance. In cases where no corrective action can be reasonably implemented without the department's response to a request for use of facility maintenance funds, the provider's request shall constitute initiation of corrective action.
1. Immediate initiation of corrective actions necessary to eliminate any imminent threat to life and safety or any impending security breach; and
2. Initiation of other corrective actions needed within 30 days;
(6) Audio or Video Recordings. A residential commitment program that has any on-site video or audio system with recording capability shall maintain at least a 90-day history of recordings unless the equipment does not have the capacity to maintain a 90-day history, in which case the program shall maintain the recordings at least 30 days or longer if within the equipment's capacity.
(7) Classification of Youth. A residential commitment program shall establish a classification system that promotes safety and security, as well as effective delivery of treatment services, based on determination of each youth's individual needs and risk factors, that addresses, at a minimum, the following:
(a) Classification factors to include, at a minimum, the following:
1. Physical characteristics, including sex, height, weight, and general physical stature;
2. Age and maturity level;
3. Identified special needs, including mental, developmental or intellectual, and physical disabilities;
4. History of violence;
5. Gang affiliations;
6. Criminal behavior;
7. Sexual aggression or vulnerability to victimization, and
8. Identified or suspected risk factors, such as medical, suicide, and escape or security risks;
(b) Initial classification of each newly admitted youth for the purpose of assigning him or her to a living unit, sleeping room, and youth group or staff advisor;
(c) Reassessment of a youth's needs and risk factors and reclassification, if warranted, prior to considering:
1. An increase in the youth's privileges or freedom of movement;
2. The youth's participation in work projects or other activities that involve tools or instruments that may be used as potential weapons or means of escape; and
3. The youth's participation in any off-campus activity; and
(d) A continually updated, internal alert system that is easily accessible to program staff and keeps them alerted about youth who are security or safety risks, including escape risks, suicide or other mental health risks, medical risks, sexual predator risks, and other assaultive or violent behavior risks. The program shall design and implement this system to reduce risks by alerting program staff when there is a need for specific follow-up or precautionary measures or more vigilant or increased levels of observation or supervision, and by assisting staff when making treatment or safety and security decisions. Although a direct care, supervisory, or clinical staff may place a youth on alert status if he or she meets the criteria for inclusion in the program's alert system, only the following may recommend downgrading or discontinuing a youth's alert status:
1. A licensed mental health professional or mental health clinical staff person for suicide risks or other mental health alerts;
2. A medical staff person for medical alerts upon verification that the health condition or situation no longer exists; or
3. The program director, assistant program director, or on-site supervisor for security alerts.
(8) Gang Prevention and Intervention. A residential commitment program shall implement gang prevention and intervention strategies within the facility. Any indication of formal criminal gang activity, either observed or reported, shall be documented and the names of the youth identified as participating in formal criminal gang activity shall be entered in the alert system in JJIS and forwarded to local law enforcement for review. This information shall be shared with the education provider or local school district providing educational services at the facility, as well as with the youth's JPO and, if identified, his or her post residential services counselor. If local law enforcement certifies the youth as an associate or criminal gang member, the program shall document the information in the alert system in JJIS. For the purpose of this rule chapter, the definitions of criminal gang and criminal gang member are consistent with definitions in Chapter 874, F.S.
(9) Key Control. A residential commitment program shall establish a key control system that, at a minimum, addresses the following:
(a) Key assignment and usage, including restrictions on usage;
(b) Inventory and tracking of keys;
(c) Secure storage of keys not in use;
(d) Procedures addressing missing or lost keys; and
(e) Reporting and replacement of damaged keys.
(10) Contraband. A residential commitment program shall delineate items and materials considered contraband when found in the possession of youth. The program shall provide youth with the list of contraband items and materials and inform the youth of the consequences if found with contraband. The program shall establish a system to prevent the introduction of contraband and identify contraband items and materials through searches of the physical plant, facility grounds, and its youth.
(a) Before program staff conduct any strip search of a youth and, at a minimum, before staff conduct a youth's initial frisk search, staff shall prepare the youth by explaining the purpose of the search and what it entails, 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.
(b) Frisk and Strip Searches. Staff conducting a frisk search, which is conducted through the youth's clothing, shall be of the same sex as the youth being searched. A strip search, a visual check of a youth without clothing, shall be conducted in a private area with two staff members present, both of the same sex as the youth being searched. As an alternative when two staff of the same sex 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. Use of electronic search equipment is authorized to supplement any frisk search authorized in this rule section. The provisions below stipulate the minimum requirements for use of frisk searches and strip searches based on a program's restrictiveness level. However, a program at any level is permitted to conduct frisk or strip searches when authorized by the program director, or in the director's absence, his or her designee, for purposes of controlling contraband or ensuring safety and security. When a frisk search is required based on the following provisions, yet the program director or designee authorizes a strip search for contraband control or safety and security purposes, the strip search shall be in lieu of the frisk search.
1. Programs at the Low-risk and Moderate-risk Restrictiveness Levels. In accordance with Rule 63E-7.013, F.A.C., a low-risk or moderate-risk program shall conduct a frisk search after a youth's participation in a vocational or work program or activity involving the use of tools or other implements that could be used as weapons or a means of escape. A frisk search shall also be conducted when a youth returns from a home visit. Consistent with Rule 63E-7.004, F.A.C., a low-risk or moderate-risk program shall conduct a strip search of every youth upon admission, except when a youth is admitted from secure detention, in which case a strip search is authorized rather than required.
2. Programs at the High-risk and Maximum-risk Restrictiveness Levels. In accordance with Rule 63E-7.013, F.A.C., a high-risk or maximum-risk program shall conduct a frisk search after a youth's participation in a vocational or work program or activity involving the use of tools or other implements that could be used as weapons or as a means of escape. Consistent with subsection 63E-7.013(11), F.A.C., a high-risk or maximum-risk program shall conduct a frisk search following a youth's involvement in a visitation activity. In the case of non-contact visitation, such as when the visitor and the youth are separated by an impenetrable barrier, the program director shall not authorize a strip search in lieu of a frisk search. A frisk search shall also be conducted when a youth returns from a supervised off-campus activity conducted away from the facility or its grounds. Although unsupervised off-campus activities, including home visits, are not permitted for youth in maximum-risk programs, a high-risk program shall strip search a youth returning from a home visit and shall frisk search a youth returning from any other unsupervised off-campus activity. Consistent with Rule 63E-7.004, F.A.C., a high-risk or maximum-risk program shall conduct a strip search of every youth upon admission, except when a youth is admitted from secure detention, in which case a strip search is authorized rather than required.
(c) A cavity search that involves the examination of the youth's body cavities, with the exception of visual inspection of ears, nose and mouth, may only be conducted by trained medical personnel in an emergency room setting when authorized by the program director because it is strongly suspected that a youth has concealed contraband in a body cavity.
(d) With the exception of privileged mail to or from a youth's attorney of record, JPO, clergy, or a state or federally authorized advocate or advocacy group representative, the program shall search youths' incoming and outgoing mail, including correspondence and packages, for contraband and for any information that may threaten the security or safety of the program, including escape plans or gang-related information. During the search of incoming or outgoing mail, the youth receiving or sending the mail shall be present or, if the program conducts mail searches at a central location, a youth representative shall be present to witness the process.
(e) The program shall confiscate any contraband item or material from a youth, documenting the reason for the confiscation and the manner of disposition. The program shall include a copy of the documentation in the youth's individual management record. If a confiscated item is not illegal, the program director or his or her designee has the discretion to discard the item, return it to its original owner, mail it to the youth's home, or return it to the youth upon his or her release from the program. In all instances involving the confiscation of contraband that is illegal, the program shall submit the item to local law enforcement and file a criminal report.
(11) Visitation. A residential commitment program shall provide for visitation of youth and, at a minimum, shall address the following:
(a) Program security and the safety of youth, staff and visitors;
(b) Designated visitation schedule that is provided to each youth's parents or legal guardian and is readily available to other authorized visitors, as well as reasonable accommodations in response to a parent's or legal guardian's request for alternate visitation arrangements;
(c) Designated visitation areas and staff supervision during visitation;
(d) Identification of authorized visitors, including the youth's parents or legal guardian, the youth's spouse, the youth's attorney of record, the youth's JPO, clergy, and others with a legitimate reason related to the youth's rehabilitation and treatment. The program shall not allow visitation by any co-defendant in the youth's current offense, anyone prohibited by court order to have contact with the youth, anyone the youth is unwilling to receive as a visitor, or anyone whose presence or behavior during a prior visitation posed a safety or security threat;
(e) Verification of the identity of visitors by requiring a form of picture identification except in the case of children or siblings of the youth who are accompanied by a parent or legal guardian;
(f) Documentation of all visitation to include:
1. The visitor's signature, the date, and the times of entry and exit;
2. The name of any visitor denied entry and the date, time, and reason for denial;
(g) Measures to prevent the introduction of contraband into the program to include:
1. Written notification to visitors before their entry into the facility that their person and any packages may be subject to search and that possession of illegal contraband could be subject to legal action;
2. Mandatory electronic search of visitors entering high-risk and maximum-risk programs and optional electronic search of visitors entering low-risk and moderate-risk programs;
3. Frisk search of a visitor by a staff person of the same sex when reasonable belief exists that the visitor is attempting to introduce contraband or otherwise compromise the security of the facility;
4. Search of packages or other items for youth conducted in the presence of the visitor;
5. Prohibition of visitors bringing their personal possessions into the facility unless the program director or his or her designee makes an exception for a visitor needing a documented prescription medication or an adaptive device due to a disability;
6. Consistent with subsection 63E-7.013(10), F.A.C., frisk search of a youth in a high-risk or maximum-risk program prior to the youth's exit from the visitation area; and
7. Search of the visitation area by staff after all visits are concluded; and
(h) Termination of the visit if the youth or visitor violates the program rules, is loud or disorderly or visibly angry or upset, engages or attempts to engage in sexual contact or activity, is physically aggressive, or otherwise poses an unsafe situation.
(12) Tool Management. A residential commitment program shall provide a minimum ratio of one staff for every five youth (1:5) during activities involving the use of tools, except in the case of a disciplinary work project involving tools that requires a 1:3 ratio. However, when a program is designed to focus on vocational training, a provider's contract with the department or, in the case of a state-operated program, the department's monitoring plan may specify other staff-to-youth ratios when youth are using tools for vocational training purposes. Each residential commitment program shall institute a tool management system to prevent youth from using equipment and tools as weapons or means of escape. At a minimum, tool management shall address:
(a) Procedures for issuing tools to youth and staff, including an assessment to determine a youth's risk to the public, staff, other youth and self if allowed to participate in a project or activity involving the use of tools;
(b) A frisk search and, at the program's discretion, an electronic search of any youth at the completion of each work project or activity that involves the use of tools;
(c) Tool markings or identifiers that facilitate issuance of tools and timely identification of missing tools;
(d) Tool inventories as follows:
1. Tools shall be inventoried prior to being issued for work and at the conclusion of the work activity. Staff shall report any discrepancy to the program director or his or her designee for immediate follow-up action.
2. Any tool that, in its manufactured form or due to subsequent modifications, has sharp edges or points and has a high potential to be used as a weapon to inflict serious bodily harm, shall be inventoried daily, except on days when they are not used.
3. Any tool that, in its manufactured form or due to subsequent modifications, does not have sharp edges or points shall be inventoried at least monthly.
4. If the program consistently implements a system whereby tools are securely stored in a sealed container or closet, and if the seal has not been broken at the time an inventory is being conducted, the sealed tools may be exempt from inventory.
(e) Prohibited tools to include machetes, bowie knives, or other long blade knives;
(f) Procedures that address missing tools;
(g) Internal reporting of incidents involving tools and reporting to the department's Central Communications Center as required;
(h) Secure storage of tools when not in use;
(i) Training for staff and youth on the intended and safe use of tools;
(j) Disposal and replacement of dysfunctional tools that are in an unsafe condition or disrepair; and
(k) Tool control and restrictions when a repairman or worker external to the program enters the facility or facility grounds to perform a work project that requires the use of tools. These restrictions shall limit tools to only those that are necessary, checking tools upon the worker's arrival to and exit from the program, restricting youths' access to the work area, immediate reporting of any tool the worker finds missing while on-site at the program, and follow-up action if any tool is found missing.
(13) Kitchen Utensils. A residential commitment program shall institute a system to control and inventory kitchen utensils used to prepare and serve food and eating utensils used by youth.
(14) Flammable, Poisonous and Toxic Items. A residential commitment program shall maintain strict control of flammable, poisonous, and toxic items and materials. At a minimum, the program shall:
(a) Maintain a complete inventory of all such items the program uses;
(b) Maintain a current list of facility positions, titles or functions that are authorized to handle these items;
(c) Prohibit youths' handling of these items and restrict their access to areas where the items are being used;
(d) Dispose of hazardous items and toxic substances or chemicals in accordance with Occupational Safety and Health Administration (OSHA) Standard 29 CFR 1910.1030 (amended 1-1-2004); and
(e) Maintain Material Safety Data Sheets (MSDS) on site in accordance with OSHA Standard 29 CFR 1910.1030 (amended 1-1-2004).
(15) Mechanical Restraints. When necessary and only as a last resort to maintain safety and security, the department authorizes the use of physical intervention techniques and mechanical restraints in residential commitment programs pursuant to Chapter 63H-1, F.A.C.
(16) Controlled Observation. A moderate-risk, high-risk, or maximum-risk residential commitment program may use controlled observation only when necessary and as a last resort. It is intended as an immediate, short-term, crisis management strategy for use during volatile situations in which one or more youths' sudden or unforeseen onset of behavior imminently and substantially threatens the physical safety of others and compromises security. Controlled observation is not authorized for use as punishment or discipline.
(a) The program is authorized to temporarily place a youth in a controlled observation room only in the following situations when non-physical interventions would not be effective:
1. Emergency safety situations where there is imminent risk of the youth physically harming himself or herself, staff, or others; or
2. When the youth is engaged in major property destruction that is likely to compromise the security of the program or jeopardize the youth's safety or the safety of others.
(b) A supervisor with delegated authority shall give prior authorization for each use of controlled observation unless the delay caused by seeking prior approval would further jeopardize the safety of others and the program's security. In this case, as soon as the youth is placed in the controlled observation room and order is re-established within the program, staff shall obtain authorization for continued placement from a supervisor with delegated authority or the youth shall be removed from the controlled observation room.
(c) Staff shall not leave a youth alone in a controlled observation room until an inspection of the room is conducted and it is deemed safe, secure, and in compliance with the following room specifications:
1. Minimum of 35 unencumbered square feet;
2. Solid core hardwood or metal door with a shatter-resistant observation window that allows for sight and sound observation;
3. Vents that are out of the reach of youth and covered with small mesh or a metal plate, with holes no more than 3/16 inch and no exposed edges;
4. Recessed light fixtures that are covered with shatter-resistant material;
5. Windows that are shatter-resistant or, if not, covered with security-rated screens or another material that prevents access to the glass;
6. No electrical outlets;
7. No electrical switches unless covered and secured; and
8. A security-rated, fire retardant plastic mattress suitable for use on the floor or on a suicide-resistant bed.
(d) In order to determine if there are any observable injuries that would contraindicate a youth's placement in a controlled observation room, the program shall use the Health Status Checklist to conduct and document a visual check of the youth upon his or her placement. The Health Status Checklist (MHSA 008, August 2006) is incorporated into this rule and is available electronically at http://www.djj.state.fl.us/forms/mental_health_substance_abuse_services_forms_index.html.
1. A healthcare professional or a staff person of the same sex as the youth shall conduct the visual check unless a same-sex staff person is unavailable in the vicinity, in which case a staff person of the opposite sex may conduct the visual check.
2. The visual check shall be conducted without the youth disrobing unless there is reason to suspect an injury that is hidden by clothing, in which case, a healthcare professional or a staff person of the same sex shall conduct the visual check.
3. If a physical injury is observed, the youth complains of injury or illness, or the youth experienced a fall, impact, or blow such that injury could reasonably be expected, a health care professional shall be immediately notified for timely assessment and treatment.
(e) Staff shall not place a youth in controlled observation when the youth is demonstrating acute psychological distress behaviors, such as panic, paranoia, hallucinations, and self-harming behaviors, or if the youth is a suicide risk, meaning a youth who demonstrates behaviors that indicate that he or she is thinking about or contemplating suicide or when the youth is identified as a suicide risk in the program's alert system. Additionally, if a youth in a controlled observation room begins demonstrating acute psychological distress or suicide risk behaviors, the youth shall immediately be removed from the room and follow-up mental health services shall be provided.
(f) A staff person of the same sex shall frisk search the youth and remove any potentially dangerous or injurious items before the youth is left alone in a controlled observation room. Staff shall remove all jewelry, pocket items, hair ties, hairpins, belts, or other clothing or items that the youth could use for self-injury or injury to others; however, the youth shall not be stripped.
(g) Staff shall discuss with the youth the reasons for his or her placement in controlled observation and the expected behavior for removal from placement. Later, when the youth's behavior has de-escalated and is conducive to constructive interaction, staff shall attempt to process with the youth what happened and explore alternative behaviors.
(h) To ensure the youth's safety while in the controlled observation room, staff shall conduct safety checks at least every fifteen minutes and shall observe the youth's behavior. However, continuous sight and sound supervision, defined as staff's provision of continuous, uninterrupted visual and sound monitoring of the youth, shall be provided when the youth is demonstrating physical behaviors that pose a high risk of self-injury. Staff shall document all safety checks and observations on the Controlled Observation Safety Checks form.
(i) The program director or a supervisor with delegated authority shall approve a youth's release from controlled observation when it is determined that, based on the youth's verbal and physical behaviors, he or she is no longer an imminent threat of harm to self or others.
1. The time limit for placement of a youth in the controlled observation room is two hours unless the program director or his or her designee grants an extension because release of the youth would imminently threaten his or her safety or the safety of others. No extension shall exceed two hours except when a youth is sleeping between the hours of 10:00 p.m. and 6:00 a.m. when the approving authority could not reasonably determine the youth's readiness for release. The total placement time for a youth in controlled observation, including all extensions, shall not exceed 24 hours.
2. When a youth is released from controlled observation, staff shall determine whether an in-house alert is warranted and, if so, take action as required pursuant to paragraph 63E-7.013(7)(d), F.A.C.
(j) The program director or assistant program director shall review the Controlled Observation Report within 14 days of the youth's release from controlled observation to determine if the placement was warranted and handled according to the provisions of this rule section. Any corrective actions deemed necessary to prevent potential misuse of controlled observation shall be immediately implemented.
(k) The program shall ensure completion of the Controlled Observation Report for each use of controlled observation, with the exception of the Extension of Controlled Observation section when a youth's placement is limited to the two-hour time period. Additionally, for each use of controlled observation, the program shall ensure completion of the Health Status Checklist and the Controlled Observation Safety Checks form. The program shall maintain these forms in an administrative file, as well as in the youth's individual management record.
(17) Escapes. For purposes of this rule, the definition of escape is consistent with Section 985.721, F.S.
(a) When a youth escapes from the facility or escapes from supervised activities away from the facility or while in transit to and from such activities, the program shall report the incident by telephone to law enforcement and the department's Central Communications Center immediately or within a timeframe not to exceed two hours of becoming aware of the escape. The program shall notify the youth's parent or guardian immediately or as soon as is practicable thereafter, with the first attempt at notification being made within a timeframe not to exceed two hours of becoming aware of the escape. Additionally, the program shall telefax the completed Notification of Escape form to the following persons or entities as soon as practicable or within a timeframe not to exceed four hours:
1. Local law enforcement agency having jurisdiction over the locale where the program is sited;
2. The state attorney in the jurisdiction where the delinquency petition was filed;
3. The sentencing judge;
4. The department's residential regional director or designee;
5. The youth's JPO or his or her supervisor; and
6. Detention screening.
(b) The program shall maintain a separate log that documents each notification, including each person contacted, the date and time of contact, and the program staff making the contact. In addition, all pertinent information relating to the escape shall be documented in the program's daily logbook and the youth's individual management record.
(c) If law enforcement declines to accept a report alleging that a youth has committed the felony offense of escape, the program shall notify the youth's JPO or his or her supervisor who will request the court of jurisdiction to issue an order to take the youth into custody.
(d) If the youth is not apprehended within 48 hours of the escape, the program shall release the youth from the program in the department's JJIS Bed Management System or, if the program does not have direct access to JJIS, shall notify the department's regional commitment manager via telephone.
(e) As soon as possible after the program becomes aware of the youth's apprehension, the program shall advise all parties whom they previously notified of the escape.
(f) The program shall review circumstances pertinent to an escape within 48 hours, cooperate with the department in any review or investigatory activities following an escape, and implement corrective actions as needed to prevent future escapes.
(g) If a youth absconds while on temporary release status and does not return to the program as expected, the program shall contact:
1. The youth's family within four hours of becoming aware of the event to request their assistance in facilitating the youth's return to the program; and
2. The youth's JPO or his or her supervisor to request their assistance in facilitating the youth's return or to expedite issuance of a pick-up order. The program shall make this contact as soon as is practicable, but no later than the end of the same workday in which the program becomes aware of the event if it falls within the traditional workweek or, if not, before the end of the next traditional workday.
(18) Transportation. When transporting a youth, a residential commitment program shall maintain custody and control while ensuring the safety of youth, staff and the community.
(a) The program shall comply with the following provisions whether or not secure transportation is required:
1. The program shall ensure a current drivers license for any staff member operating a program vehicle.
2. Program staff shall not transport youth in any personal vehicle unless the program director approves such action based on extenuating circumstances wherein the life or safety of a youth is in imminent jeopardy without taking such action.
3. The program shall provide the minimum ratio of one staff for every five youth required for off-campus activities.
4. Youth and staff shall wear seat belts during transportation, and youth shall not be attached to any part of the vehicle by any means other than the proper use of a seat belt.
5. The program shall issue transporters a cellular phone or radio for use in the event of vehicle problems or other emergencies.
6. Staff shall not leave youth unsupervised in a vehicle.
7. Youth shall not be permitted to drive program or staff vehicles.
8. Staff shall lock personal and program vehicles when not in use.
(b) When transporting youth, a high-risk or maximum-risk program shall provide secure transportation. A low-risk or moderate-risk program shall provide secure transportation for any youth who has been assessed and determined to be a security risk or risk to self and others and has demonstrated that he or she cannot be transported by less restrictive methods. The program shall comply with the following when securely transporting youth:
1. The use of mechanical restraints is required and shall be provided pursuant to Chapter 63H-1, F.A.C.
2. In addition to the requirements specified in paragraph 63E-7.013(18)(a), F.A.C., the program shall comply with the following provisions when providing secure transportation:
a. The vehicle shall have rear doors that cannot be opened from the inside.
b. The vehicle shall be equipped with a safety screen separating the front seat or driver's compartment from the back seat or rear passengers' compartment, or a staff person shall occupy the back seat or rear passengers' compartment with the youth.
c. The program shall provide the minimum ratio of one staff for every five youth required for off-campus activities. However, if five or less youth are being transported, the program shall provide a minimum of two staff, with one being the same sex as the youth being transported.
(c) The program shall ensure that any vehicle used by the program to transport youth is properly maintained for safe operation.
1. Each vehicle being used for transport of youth shall pass an annual safety inspection.
2. The program shall maintain documentation on use of each vehicle and its maintenance.
3. Each vehicle used to transport youth shall be equipped with the appropriate number of seat belts, a seat belt cutter, a window punch, a fire extinguisher, and an approved first aid kit.
(19) A residential commitment program shall comply with the following provisions on youth's eligibility and participation in off-campus activities, defined as activities conducted away from the facility grounds:
(a) A residential commitment program shall provide supervision for youth who leave the facility grounds for necessary activities such as health and court-related events. The program shall determine a youth's eligibility for participation in other off-campus activities based on the program's restrictiveness level, the youth's performance and behavior in the program, and the assessed risk for the youth to re-offend during the off-site activity.
1. A low-risk or moderate-risk program shall allow a youth to participate in necessary, supervised off-campus activities such as health and court related activities. The program may also allow a youth to participate in other constructive supervised off-campus activities and, with court approval, may permit the youth to participate in specific temporary release activities, such as community employment and, during the final 90 days of his or her residential placement, home visits. If an extraordinary family emergency arises prior to the final 90 days of a youth's stay, the program director or designee may, with court approval, grant an emergency temporary release. In such a case, the program shall, with input from the youth's family, develop a specific itinerary and coordinate with the youth's JPO.
2. For most of a youth's placement in a high-risk program, the program shall restrict a youth's participation in off-campus activities to necessary, supervised activities such as health and court-related activities. However, during the final 60 days of a youth's residential stay and with court approval, the program may grant permission for the youth to leave facility grounds to engage in transitional activities such as enrollment in school or a vocational program, completion of a job interview, performance of community service, and home visits of no more than 72 hours. Additionally, if an extraordinary family emergency arises, such as the death or impending death of a youth's immediate family member, prior to the final 60 days of a youth's stay, the program director or designee may, with court approval and concurrence of the department's residential regional director, grant an emergency temporary release. In such a case, the program shall, with input from the youth's family, develop a specific itinerary and coordinate with the youth's JPO.
3. A maximum-risk program shall not allow a youth to participate in off-campus activities except for necessary, supervised activities such as health and court-related events and, under exceptional circumstances, a staff-supervised day trip to attend a family emergency event when approved by the court and the department's residential regional director.
(b) Prior to allowing a youth to participate in any off-campus activity that is not a supervised, necessary event, the program shall assess the youth's risk and determine that he or she is unlikely to re-offend while in the community. Additionally, the program shall require the youth to demonstrate progress and positive behavior in the program.
(c) Except for supervised, necessary off-campus activities, the program shall plan and structure each off-campus activity, including any home visit, for youth to accomplish specific goals and objectives. The program shall involve the youth in the planning process.
(d) The program shall ensure a minimum ratio of one staff to every five youth during any supervised off-campus activity. The program shall provide a more intensive staffing if the activity or circumstances surrounding the activity dictate that closer supervision is necessary to ensure the safety of the community, staff and youth.
(e) Pursuant to subparagraph 63E-7.012(2)(a)2., F.A.C., the program shall notify the victim or his or her designee, unless these notification rights have been waived, when allowing a youth committed for specified offenses to participate in a temporary release.
(f) The program shall prohibit any youth from participating in trips or functions requiring travel out of the state of Florida unless approved in writing by the department's residential regional director and Assistant Secretary for Residential and Correctional Facilities. Approval shall be granted or denied based on the youth's eligibility to engage in off-campus activities pursuant to paragraphs 63E-7.013(19)(a), (b), F.A.C., and the purpose, objectives, travel plans and supervision arrangements pursuant to paragraphs 63E-7.013(19)(c), (d), F.A.C.
(20) Disaster and Continuity of Operations Planning. A residential commitment program shall develop a disaster plan and a continuity of operations plan (COOP) that are coordinated or one comprehensive plan that incorporates both. The plans shall provide for the continuation of basic care and custody of youth in the event of an emergency or disaster, while ensuring safety of staff, youth and the public. The program shall conduct practice events or drills and shall be prepared for immediate implementation or mobilization of the plans whenever an emergency or disaster situation necessitates.
(a) The program's disaster plan shall:
1. Address, at a minimum, fire and fire prevention and evacuation, severe weather, disturbances or riots, bomb threats, hostage situations, chemical spills, flooding or terrorist threats or acts;
2. Identify and define essential or key staffs' roles and specific responsibilities during emergency or disaster situations;
3. Specify and plan for the provision of any equipment and supplies required to maintain the continuous operation of services during an emergency or disaster. Equipment and supplies may include, but are not limited to, food, medications, pharmaceutical and first aid supplies, clothing and linens, vehicles, generators, cell phones, flashlights, batteries, fire safety equipment, and laptop computers;
4. Identify critical information about youth that may be needed during an emergency situation and plan for its access;
5. Address alternative housing plans;
6. Be compatible with the disaster plan and COOP for the department's residential region;
7. Be conspicuously posted in the facility, readily available to staff members, youth, and visitors, and disseminated to appropriate local authorities. If the plan is too voluminous to post, the program shall post a notice that identifies the various locations within the facility where staff can easily access the plan.
(b) The program's COOP shall:
1. Provide for the continuity of care and custody of its youth and the protection of the public in the event of an emergency that prevents occupancy of the program's primary facility or structure;
2. Be compatible with the COOP for the department's residential region;
3. Be readily available to staff;
4. Be reviewed and updated annually;
5. Be submitted to the department's residential regional director, if requested; and
6. Be approved by the Division of Emergency Management, Department of Community Affairs.
(21) Internet Access. A residential commitment program shall ensure that youth only have access to the Internet for the purposes of obtaining educational material. While youth are on-line, program staff shall continually monitor the computer screens to ensure that youth are accessing only the approved material.
(a) Youth shall be prohibited from accessing material considered harmful to minors which includes any picture, image, graphic image file, or other visual depiction that, taken as a whole and with respect to minors, appeals to a prurient interest in nudity, sex, or excretion.
(b) The program shall implement effective technology protection measures to limit youths' Internet access to only the approved educational material. The program shall conduct and document monthly checks on the protection system and, if problems are identified with the system, shall prohibit youths' access until repairs are completed and tested. The program shall not allow youth access to prohibited sites that may elude the technology protection measures.
(22) Water Safety.
(a) A residential commitment program that allows youth to participate in water-related activities shall establish a water safety plan that addresses, at a minimum, safety issues, emergency procedures, and the rules to be followed during a water-related activity, as follows:
1. Determination of the risk level for each youth to participate in water-related activities by identifying whether or not the youth can swim, assessing his or her swimming ability, and considering other factors to include, at a minimum, age and maturity, special needs such as physical and mental health issues, and physical stature and conditioning;
2. Type of water in which the activity is taking place, such as pool or open water;
3. Water conditions, such as clarity and turbulence, and bottom conditions;
4. Type of water activities such as swimming, boating, canoeing, rafting, snorkeling, scuba diving, and shoreline and offshore activities to include fishing from a bank or pier, fishing while wading, or picnicking close to a body of water:
5. Lifeguard-to-youth ratio and positioning of lifeguards;
6. Other staff supervision; and
7. Safety equipment needed for the activity, such as personal flotation devices when youth are in a boat, canoe or raft and availability of a lifeline during shoreline and offshore activities.
(b) The program shall provide sufficient supervision to continuously account for youth and ensure their safety.
1. The program shall ensure a sufficient number of lifeguards for maximum safety, and lifeguards shall be certified consistent with American Red Cross or other nationally accepted standards for the type of water in which the activity is taking place.
a. If the water-related activity takes place in a pool, at least one staff person certified as a lifeguard shall be present.
b. If the water-related activity takes place in open water, at least one staff person certified in waterfront lifeguarding shall be present.
c. Shoreline and offshore activities do not require lifeguards present; however, the program shall provide supervision by staff trained in emergency procedures. Staffing shall be sufficient to continually account for youths' whereabouts and maintain safety.
d. Scuba diving activities shall be conducted by a scuba diving instructor certified by the National Association of Underwater Instructors (NAUI) or the Professional Association of Diving Instructors (PADI). Snorkeling or skin diving activities shall be conducted by a scuba diving instructor or a snorkeling or skin diving instructor certified by NAUI or PADI.
2. The program shall provide additional staff supervision to ensure youths' safety. If the activity is conducted away from the program or its grounds, a minimum ratio of one staff for every five youth is required.
3. The program shall conduct methods necessary to maintain an accounting of youth, including conducting head-counts at regular intervals.
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