Fla. Admin. Code Ann. R. 63E-7.107 - Safety and Security
(1)
Physical
Security Features. A residential commitment program shall provide
physical security features as required by 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.
(a) A non-secure program shall be environmentally
secure, staff secure, or hardware-secure with walls, fencing, and locking
doors.
1. Additionally, the following security
features are required, for a non-secure program:
a. Electronic search equipment
b. Door locks on entry, exit, and passage doors, with
a manual override capability if locks are electronic;
c. Secure windows of break-resistant or screened
glass;
d. Smoke detectors and fire
alarms;
e. Camera surveillance
system. Exterior security lighting; and
g. Radio or cellular phone communication devices for
staff.
2. A non-secure
program is authorized, but not required, to have the following security
features:
a. Security fencing with an outside
overhang or razor wire;
b. Delay
open door and window alarms;
c.
Secure sally port; and
d. Secure
pedestrian gate.
(b) A high-risk program shall be environmentally and
staff secure.
1. Additionally, the following
security features are required:
a. Minimum of
12-feet high perimeter fencing, with an inside overhang or razor
wire;
b. Door locks on entry, exit
and passage doors, with a manual override capability if locks are
electric;
c. Secure windows of
break-resistant or screened glass;
d. Camera surveillance system;
e. Exterior security lighting; and
f. Radio or cellular phone communication devices for
staff.
2. A high-risk
program is authorized, but not required, to have the following security
features:
a. Secure sally port;
b. Secure pedestrian gate; and
c. Electronic search
equipment.
(c)
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)
Youth Searches. Before program staff
conduct any full body visual screening 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.
(a) Frisk and Full Body Visual Searches. Staff
conducting a search shall be of the same sex as the youth being searched. When
two staff of the same gender are not available for a full body visual search,
the search may be conducted by one staff of the same gender, while a staff of
the opposite gender is positioned to observe the staff person conducting the
search, but cannot view the youth. All cross-gender full body visual searches
and cross-gender frisk searches shall be documented in the logbook and the
youth's case management record.
(b)
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 full body visual searches based on a
program's restrictiveness level. However, a program at any level is permitted
to conduct frisk or full body visual 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 full body visual search for contraband control or safety
and security purposes, the full body visual search shall be in lieu of the
frisk search.
1. Non-secure Programs - A
non-secure 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. A frisk
search shall also be conducted when a youth returns from a home visit. A
non-secure program shall conduct a full body visual search of every youth upon
admission, except when a youth is admitted from secure detention, in which case
a full body visual search is authorized, but not required.
2. Secure Programs - A secure 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. A secure 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 full body
visual 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 maximum-risk youth, a program
shall conduct a full body visual search of a high-risk youth returning from a
home visit and shall frisk search a youth returning from any other unsupervised
off-campus activity. A secure program shall conduct a full body visual search
of every youth upon admission, except when a youth is admitted from secure
detention, in which case a full body visual search is authorized, but not
required.
(c) A cavity
search that involves the examination of the youth's body cavities, beyond a
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 upon the strong suspicion 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.
(3)
Staffing Ratios. Any non-secure
residential commitment program of more than five (5) beds and any 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 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 all residential programs
shall be specified in the department's monitoring plan for the program and
shall be monitored for compliance by the monitor(s) designated by the
department.
(4)
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.
(b) 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, escape incident, or riot.
(c) 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.
(d) 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.
(e) A residential
commitment program shall ensure that staff observe youth at least every ten
(10) 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.
(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 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.
(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 to the extent of the
equipment's capacity, but no less than 30 days.
(7)
Gang Prevention and Intervention. A
residential commitment program shall implement gang prevention and intervention
strategies within the facility. Any indication of criminal gang activity,
either observed or reported, shall be documented and the names of the youth
identified as participating in 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.
(a) The program shall identify a staff member
who will serve as a Gang Coordinator to address any gang related issues within
the residential commitment program.
(b) The program must develop a plan for any youth who
are identified gang members to address their desire or intent to dis-affiliate
with a criminal street gang.
(8)
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.
(9)
Contraband. A residential commitment
program shall develop a policy and procedure for contraband. The policy and
procedure must address, but is not limited to, the following areas:
(a) Illegal Contraband: At no time shall illegal
contraband, as defined in Section
985.711, F.S., be allowed in the
secure perimeter of the facility. Such items include: any unauthorized article
of food or clothing, any electronic equipment or cellular device not issued by
the department or provider, electronic or vaporless cigarettes, any
intoxicating beverage or any beverage that causes or may cause an intoxicating
effect, any controlled substance, as defined in Section
893.02, F.S., marijuana as
defined in Section 381.986, F.S., hemp as defined
in Section 1004.4473, F.S., or any
prescription or nonprescription drug that has a hypnotic, stimulating, or
depressing effect, and any firearm or weapon of any kind or any explosive
substance. The facility's policy and procedure will address the requirements of
and limitations on staff use of facility or provider issued cellular phones or
portable communication devices, with documentation maintained designating the
allowable device type as issued to the specific staff member. The policy and
procedure may allow specified department staff, medical and mental health
personnel, school board personnel, vocational education personnel, emergency
services personnel, and designated subcontracted staff to possess a
non-facility-issued cellular phone or portable communication device for work
purposes only. The possession and use of each device shall be documented, and
that documentation shall be maintained by the Facility Administrator.
Contraband items that may be used as evidence shall be secured by the
discovering staff and hand-delivered to the Facility Administrator or designee
and subsequently secured under lock and key. The facility staff shall document
the chain of custody for the items and give the information to the responding
law enforcement officer. In all instances involving the confiscation of illegal
contraband, the confiscated item(s) shall be turned over to law enforcement
authorities and a report filed.
(b)
Prohibited Items: At no time shall contraband be allowed in the facility as
more broadly defined in subsection
63E-7.100(20),
F.A.C., which items include: sharps, escape paraphernalia, tobacco products,
lighters or matches, metals, unauthorized currency or coin, and non-facility
issued keys. At the discretion of the Facility Administrator, contraband that
is not illegal shall be discarded, returned to its original owner, mailed to
the youth's home or stored and returned to the youth upon release.
(c) Program staff: Including school district
employees, subcontracted staff, visitors, and volunteers are prohibited from
introducing any item deemed contraband inside the residential facility. All DJJ
and Department of Children and Family personnel conducting official State
business shall be allowed to maintain their State issued cellular devices. The
possession and use of each device shall be documented and that documentation
shall be maintained by the Facility Administrator. All program staff, visitors,
vendors, and contracted providers shall be searched prior to entering the
facility.
(d) Electronic Equipment:
The facility must use electronic equipment to search youth, staff, and visitors
prior to entering the facility. The procedure should include visual inspection,
emptying of all pockets, and the verbal verification that the individual is not
in possession of any illegal or prohibited contraband.
(e) Searches: The Facility Administrator 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.
(f) Posting of Notices:
Notices shall be prominently posted advising youth, staff, and visitors that
the introduction of illegal contraband into a residential commitment program is
punishable as a felony by a term of up to fifteen (15) years per Section
985.711, F.S.
(g) Documentation: The program must develop a
process for documenting contraband incidents, searches, and the result of each
search. Any item or situation which may compromise safety or security shall be
reported immediately to the Facility Administrator or designee. Programs must
ensure that a staff member is designated for this purpose 24 hours per day,
seven days a week. An incident report identifying findings and the disposition
of the contraband shall be completed;
(h) Incident Reporting: Incidents must be reported to
the Central Communications Center (CCC) in accordance with Chapter 63F-11,
F.A.C. In the event that a contraband related incident involves contacting law
enforcement, the program must contact the residential regional director, in
addition to the CCC.
(10)
Tool Management. Unless otherwise specified in a provider's
contract, a residential commitment program shall provide a minimum ratio of one
(1) staff for every five (5) youths (a 1:5 ratio) during activities involving
the use of tools, except in the case of a disciplinary work project involving
tools that requires a ratio of one (1) staff for every three (3) youths (a 1:3
ratio). 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 onsite at the program, and follow-up action if
any tool is found missing.
(11)
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.
(12)
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; and
(e) Maintain Material Safety Data Sheets (MSDS) on
site in each location chemicals are used and on every shift in accordance with
revised OSHA Hazard Communication Standard
29 CFR
1910.1200. This "Globally Harmonized"
Standard also requires proper labeling of chemicals and employee
training.
(13)
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.
(14)
Controlled Observation. A 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 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) 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.
1. A healthcare professional or a staff person of the
same gender as the youth shall conduct the visual check unless a same-gender
staff person is unavailable in the vicinity, in which case a staff person of
the opposite gender 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 gender 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 if the youth is identified as
a suicide risk in the program's alert system or when the youth is demonstrating
acute psychological distress behaviors, such as panic, paranoia,
hallucinations, and self-harming behaviors, or if the youth exhibits suicide
risk behaviors as defined in Rule
63N-1.002, F.A.C. 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 gender 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 of youth
and their behavior while placed in controlled observation on the Controlled
Observation Safety Checks Form (RS 002, June 2008), which is incorporated into
this rule and is available electronically at
http://www.flrules.org/Gateway/reference.asp?No=Ref-10401,
or may be obtained by contacting: DJJ, Office of Residential Services, 2737
Centerview Drive, Tallahassee, FL 32399.
(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.
(j) The
program director or assistant program director shall review the approval, use
and administrative review of each use of controlled observation 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. The Controlled
Observation Report (RS 001, June 2008), is incorporated into this rule and is
available electronically at
http://www.flrules.org/Gateway/reference.asp?No=Ref-10402,
or may be obtained by contacting: DJJ, Office of Residential Services, 2737
Centerview Drive, Tallahassee, FL 32399.
(k) The program shall ensure completion of the
Controlled Observation Report for each use of controlled observation.
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.
(l) A pregnant youth may only be placed in controlled
observation when there are no less restrictive means available and such
placement is necessary to protect the health and safety of the youth or others,
or to preserve the security of the facility. If a pregnant youth is placed in
controlled observation, the program shall provide a completed copy of the
Pregnant Youth Controlled Observation Form (RS 012) to the youth within 12
hours of placement. The program shall maintain these forms in an administrative
file, as well as in the youth's official healthcare record. The Pregnant Youth
Controlled Observation Form (RS 012 August 2020), is incorporated into this
rule and is available electronically at
http://www.flrules.org/Gateway/reference.asp?No=Ref-12219.
(15)
Room Restriction.
Consistent with the following provisions, a residential commitment program may
use room restriction for major infractions that put the safety and security of
the youth, other youth, or staff at risk, temporarily restricting the youth's
participation in routine activities by requiring the youth to remain in his or
her sleeping quarters:
(a) Room restriction
shall not be used for a youth who is out of control or a suicide
risk.
(b) A supervisor shall give
prior approval for each use of room restriction.
(c) Room restriction shall not exceed four hours and
the door to the room shall remain open to facilitate staff
supervision.
(d) Staff shall
engage, or attempt to engage, the youth in productive interactions at least
every thirty minutes while on room restriction status.
(e) Youth shall not be denied basic services, such as
regular meals and physical or mental health services.
(f) Program staff shall use strategies, such as
conflict resolution, behavior management, and constructive dialogue, to
facilitate the youth's reintegration into the general population when released
from room restriction.
(g) For each
use of room restriction, the program shall document the following:
1. A description of the behavior that resulted in room
restriction;
2. The date and time
room restriction was implemented;
3. The name of the staff person who recommended the
use of room restriction and the name of the approving supervisor;
4. The name of the staff person removing the
youth from room restriction;
5. The
date and time of removal and a description of the youth's behavior and attitude
upon removal; and
6. Follow-up
actions taken or attempted to help re-integrate the youth back into the general
population when released from room restriction.
(16)
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 immediately report the incident by
telephone to law enforcement and the department's Central Communications
Center. The program shall notify the youth's parent or guardian as soon as is
practicable. As soon as practicable, but within four hours, the program shall
provide the following persons the completed Escape Notification Form (RS 005,
July 2017), which is incorporated into this rule and is available
electronically at
http://www.flrules.org/Gateway/reference.asp?No=Ref-10403,
or may be obtained by contacting: DJJ, Office of Residential Services, 2737
Centerview Drive, Tallahassee, FL 32399:
1.
Local law enforcement agency with jurisdiction 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; and
5. The youth's JPO or
his or her supervisor.
(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.
(17)
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 minimum provisions whether or not secure transportation is required:
1. The program shall ensure a current
driver's 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
(1) staff for every five (5) youths (a 1:5 ratio) 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 non-secure 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 of
paragraph 63E-7.107(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
(1) staff for every five (5) youths (a 1:5 ratio) required for off-campus
activities. However, if five or fewer 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 to transport youth
shall pass an annual safety inspection by the Program Director or
designee.
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 properly anchored fire extinguisher, and an approved first aid
kit.
(18)
Off-Campus Activities. A residential commitment program shall
comply with the following provisions on youth's eligibility and participation
in off-campus activities.
(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
non-secure 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 home visits. If an extraordinary family emergency arises, 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 (1) staff to every five (5) youths (a 1:5 ratio)
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)
When a youth committed for specified offenses is allowed a temporary release,
the program shall follow any applicable notification provisions in subsection
63E-7.106(2),
F.A.C., unless notification rights have been waived.
(f) Trips or functions requiring travel out of the
state of Florida are prohibited, unless approved in writing by the department's
residential regional director and Assistant Secretary for Residential and
Correctional Facilities. Approval shall be based on the youth's eligibility to
engage in off-campus activities, and the purpose, objectives, travel plans and
supervision arrangements.
(19)
Disaster and Continuity of Operations
Planning. A residential commitment program shall develop a coordinated
disaster plan and a continuity of operations plan (COOP), or it may choose to
develop one comprehensive plan that incorporates both. The plan(s) 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.
(a) The program's disaster plan shall:
1. Provide for at least one monthly drill on
each staffing shift to cover any of the following emergencies on a rotating
basis:
a. Fire;
b. Severe weather;
c. Disturbance or riot;
d. Bomb threat;
e. Hostage situation;
f. Chemical spill;
g. Flooding;
h. 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
include food, medications, pharmaceutical and first aid supplies, clothing and
linens, vehicles, cell phones, flashlights, batteries, fire safety equipment,
and laptop computers;
4. Address
the preservation of youth information to include, at a minimum, a photo of the
youth, the parent(s) or guardian contact information and the youth's related
health care needs (including medications, the IHCR and necessary medical
supplies);
5. Identify critical
information about youth that may be needed in an emergency and plan for its
access;
6. Address alternative
housing plans;
7. Be compatible
with the disaster plan and COOP for the department's residential
region;
8. Be stored on site and
disseminated to appropriate local and state authorities as
necessary.
(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 for review, approval, and signature;
and
6. Be approved by the Division
of Emergency Management as submitted by the department's COOP
coordinator.
(20)
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 online, program
staff shall continually monitor the computer screens to ensure that youth are
accessing only the approved material. 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.
(21)
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. Assessing the risk level for each youth to
participate in water-related activities by identifying 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.
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. As required herein, the program shall provide
lifeguards who are certified by American Red Cross or other nationally accepted
standards for the type of water activity 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 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 (1) staff for every five (5) youths (a 1:5 ratio) is required.
3. The program shall maintain an accounting
of youth, including conducting and documenting head-counts at regular
intervals.
Notes
Rulemaking Authority 985.64, 985.601(3)(a) FS. Law Implemented 985.601(3)(a), 985.03(44), 985.441, 985.711 FS.
New 5-30-19, Amended 1-18-21, 2-9-21.
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