81 Neb. Admin. Code, ch. 1, § 002 - Definitions

Unless the context otherwise requires, the following definitions shall apply to the Title 81 Standards for Jail Facilities:

002.01 Administrative segregation - A form of separation from the general population administered by the classification committee or other authorized group when the continued presence of the inmate in the general population would pose a serious threat to life, property, self, staff, or other inmates or to the security or orderly running of the institution.

002.02 Admission - The process of entry into a facility. During admission processing, the adult offender is booked, and receives an orientation to facility rules and regulations. If the offender is to be housed, assignment to housing is completed at this time.

002.03 Arrestee - A person who has been taken into legal custody by a law enforcement agency.

002.04 Approved rated capacity - The number of inmates which may be housed in any cell, room unit, building, jail facility, or combination thereof. This shall not limit a facility administrator from expanding this capacity during an emergency situation.

002.05 Average daily population - The average number of inmates housed in a jail facility on any day of the year.

002.06 Booking - An official recording of an arrest and the identification of the person, place, time, arresting authority, and reason for the arrest. It is a procedure for the admission of a person cited with or convicted of an offense, which includes searching, fingerprinting, photographing, medical screening, and collecting personal history data. Booking also includes the inventory and storage of the individual's personal property.

002.07 Classification - A process for determining the needs and requirements of those for whom confinement has been ordered and for assigning them to housing units and programs according to their needs and existing resources.

002.08 Contraband - Any item possessed by confined offenders or found within the facility that is illegal by law or prohibited by the facility policy and procedure.

002.09 Correspondence - Any papers, documents or mail delivered to the facility for an inmate which can be accepted into the facility. An item may be considered rejected if it is not accepted into the facility.

002.10 Design - Those essential areas or features which comprise the physical layout of a jail facility. Essential areas or features shall include, but not be limited to, the following:

002.10A Single occupancy cell - A room or secure space designed to house one (1) inmate.

002.10B Multiple occupancy cell - A room or secure space designed to house two (2) to eight (8) inmates with a partition between the cell and dayroom space.

002.10C Dayroom - That portion of the housing unit which is separate and distinct from the cell area, but immediately adjacent and accessible therefrom.

002.10D Dormitory - A room or secure housing unit which is designed for occupancy by nine (9) or more inmates and includes both dayroom and sleeping space within the same area.

002.10E Housing unit - The total living area available to a group or classification of inmates in a jail facility. This area may consist of a dormitory or a combination of the space in each cell cluster and adjacent dayroom.

002.10F Isolation or administrative segregation cell - An individual housing unit designated to separate an inmate from the general inmate population.

002.10G Temporary holding cell - A room or secure area designed for the temporary confinement of inmates for less than eight (8) hours, prior to housing assignment or awaiting transfer or release.

002.10H Detoxification cell - A room or secure area designed for the temporary confinement of inmates who are intoxicated or under the influence of a controlled substance, and cannot be assigned to regular housing.

002.10I Safety cell - A room or secure area which is padded or otherwise designed for the temporary confinement of inmates presenting an advert need for quarters which offer maximum personal safety.

002.10J Minimum security - This is a custody level which describes those inmates which do not present a threat to the security of the jail or risk of escape. Dormitory housing may be utilized to house minimum security inmates.

002.11 Detainee - Any person confined in a local detention facility not serving a sentence for a criminal offense.

002.12 Detention facilities - Those Type III facilities used for the confinement of inmates beyond ninety-six (96) hours. Inmates held less than ninety-six (96) hours, excluding holidays and weekends, shall not be classified as being held in a detention facility even though, in fact, the facility is so qualified. Such inmates shall be subject to holding facility Standards.

002.13 Emergency - Any significant disruption or threat of disruption of normal facility procedure, policies, or activities caused by; riot, fire, earthquake, attack, strike, escape, demonstration, force majeure, or other similar disturbances.

002.14 Existing facility - Any jail facility in use, or for which bids have been let, prior to the effective date of these Standards.

002.15 Facility administrator - The sheriff, chief of police, superintendent, or other individual charged by law or designated by administrative action with the operation and administration of a jail facility.

002.16 Facility employees - Those custodial personnel with titles such as jailer, deputy, counselor, correctional officer, or any other title which signifies the duty of supervision of inmates in the jail facility.

002.17 Formulary - A list of prescription and nonprescription medications that have been approved by the medical authority and are stocked or routinely procured for use in an institution.

002.18 General maintenance - Those activities performed to keep the jail facility in good repair and condition. This may include, but not be limited to, replacement of worn out, broken, or defective hardware, fixtures, windows, mechanical systems and structure as part of a routine maintenance program.

002.19 General population - Any housing unit where the inmate will have access to other inmates on a regular and ongoing basis.

002.20 Good time - A system established by law whereby a convicted offender is credited a set amount of time, which is subtracted from his or her sentence, for specified periods of time served in an acceptable manner.

002.21 Governing body - Any council, commission, board, or office established or delegated as a source of legislative authority to provide the fiscal needs of the facility administrator so that he may carry out the provisions of these Standards.

002.23 Medical/Mental health screen - A structured inquiry and observation to identify newly arrived arrestees who pose a health or safety threat to themselves or others and to identify arrestees who require immediate medical or mental health attention.

002.24 Holding facilities - Those Type I and II facilities which confine inmates for a maximum of twenty-four (24) or ninety-six (96) hours respectively. These limitations shall not include holidays or weekends.

002.25 Indigent - An individual with no funds or source of income.

002.26 Inmate - Any individual confined or residing in any jail facility.

002.27 Jail facility - Any holding or detention facility operated by a political jurisdiction or a combination of jurisdictions for the careful keeping, rehabilitative needs of adult or juvenile criminal offenders, or those persons being detained while awaiting disposition or charges against them.

002.28 Jail Standards Division - The division of the Nebraska Commission on Law Enforcement and Criminal Justice which provides staff support to the Jail Standards Board.

002.29 Jail Standards Board - The entity created by Nebraska statute, hereafter referred to as the "Board", which is vested with the authority to establish and enforce minimum standards of construction, maintenance and operation of criminal detention facilities, juvenile detention facilities and staff secure juvenile facilities within the state of Nebraska.

002.30 Medical authority - A person licensed to practice medicine by the State of Nebraska. This includes physicians and mid-level practitioners.

002.31 Mid-level practitioner - Nurse practitioner or physician assistant licensed or credentialed to assume an expanded role in providing medical care under the supervision of a physician.

002.32 New facility - Any jail facility still in the planning stages for which the bids have not yet been set.

002.33 Ordained clergy - Any priest, rabbi, or minister that has been invested officially with ministerial or priestly authority and who performs pastoral or sacerdotal function in a Christian or non-Christian religion.

002.34 Pat search - The touching and feeling of an inmate's clothed body to detect contraband.

002.35 Policy - A statement or plan, principle, or course of action.

002.36 Political subdivision - A unit of local government authorized by the State of Nebraska to construct, maintain, or operate a jail facility.

002.37 Procedure - A way of doing something.

002.38 Qualified medical employee - A person who works under the supervision and authority of a medical authority.

002.39 Renovation - The alteration of the structure of any jail facility, or portion thereof, for the purposes of changing or improving its function. This may include, but not be limited to, altering the physical layout of essential areas within the facility or reconstruction of the existing structure, areas, or interior features.

002.40 Sally port - An enclosure situated in the perimeter wall or fence of a correctional facility containing gates or doors at both ends, only one of which opens at a time, ensuring there will be no breach in the perimeter security of the institution. The sally port may handle either pedestrian or vehicular traffic.

002.41 Segregation - Confinement of an inmate to secure housing separated from the general population.

002.43 Standard - A statement which describes a principle or model by which the quality and effectiveness of a facility and its maintenance, construction, or operation can be measured or evaluated.

002.44 Strip search - The visual inspection of a disrobed or partially disrobed subject which involves no touching. Includes any search of an area for which there exists a reasonable expectation of privacy, such as the breasts, genitals, or buttocks; may include opening of clothing to expose these areas or lifting the edge of under clothing.

002.45 Trained personnel - Those persons who have completed or met the appropriate requirements as set forth in Chapter 2, paragraph 002.01 of these Standards.

002.46 Training - An organized, planned, documented, and evaluated or assessed activity designed to impart knowledge and skills to enhance job performance. Training is based on specific objectives, is job related, from an appropriate source, of sufficient duration, relevant to organizational need, and delivered to appropriate staff.

Notes

81 Neb. Admin. Code, ch. 1, § 002

Revised 5/27/2014