Supreme Court Rules - Rule 129 - Rules of Practice and Procedure in Juvenile and Family Court Divisions of The Circuit Court - Part IV. Rules Relating to Status and Delinquency Proceedings - Dismissal to Allow Prosecution Under General Law: Appendix A.

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Supreme Court Rules

		Section/Rule:	129.04 App. A Sec. 11
Subject:	Rule 129 - Rules of Practice and Procedure in Juvenile and Family Court Divisions of The Circuit Court - Part IV. Rules Relating to Status and Delinquency Proceedings - Dismissal to Allow Prosecution Under General Law	Publication / Adopted Date:	May 20, 2009
Topic:	Appendix A. Standards for Operation of a Secure Juvenile Detention Facility - Section 11. Security and Control	Revised / Effective Date:	January 1, 2015

SECTION 11.
SECURITY AND CONTROL

Essential Elements
11.1. The facility shall provide standards for the reasonable searches of facilities and juveniles for the purpose of controlling contraband, to recover missing or stolen property, or to prevent escapes and other disturbances in order to ensure a safe and secure environment

11.2. Security and control procedures shall include:

A. Admission and exit through all security perimeter entrances, exterior doors, and interior doors;

B. A designation by the facility superintendent of doors to be kept locked;

C. Maintenance of a written log recording, including:

1. Daily activity, population intake and release information, daily routine information, emergency situations and any incidents;

2. Detention staff reporting for duty shall be required to review information recorded in the logs for at least the previous 24 hours.

D. Searches of the facility and juveniles to control contraband;

E. The control and use of keys;

F. The control and use of tools, medical implements and culinary equipment;

G. The prevention and response to escapes, runaways, and unauthorized absences; and

H. Transporting of juveniles outside the facility and from one jurisdiction to another.

11.3. All movement by juveniles is regulated by staff.

11.4. Only staff specifically trained in the application of physical force and/or mechanical restraints shall use such techniques or devices. Mechanical restraints shall never be used as punishment.

A. Each facility shall establish a written policy and procedure limiting the use of physical force to maintaining order, overcoming resistance, and protecting persons and property.

B. Staff shall use intervention processes which are typically progressive and begin at the lowest level of physical intervention practical. For example:

1. Presence of staff near juveniles;

2. Verbal persuasion;

3. Physical escort;

4. Manual restraint; and

5. Mechanical restraint.

C. Use of physical, manual and mechanical restraints shall be documented as to date, time, duration, reasons, authority and witnesses, and reported to the facility administrator as soon as practicable;

D. The use of mechanical restraints is limited to instances when a juvenile is uncontrollable and poses serious and imminent danger to himself/herself and/or others, and during transportation when necessary to assure public safety. Except during transportation, mechanical the juvenile to regain control. Restraints shall not be used longer than thirty (30) minutes, unless documented authorization is obtained from the facility administrator or designee and follow-up is sought from medical or mental health professional, as indicated. Any time mechanical restraints are used for any reason other than transportation, a written policy and procedure shall provide that prior approval must be obtained from the facility administrator or designee.

1. Only staff who has received training in the use of mechanical restraints shall place a juvenile in restraints. Training shall occur on an annual basis and be documented. Medical follow-up shall occur as necessary.

2. Direct visual observation by staff shall be continuous in order to assess juveniles for injuries or loss of circulation as a result of the use of mechanical restraint.

11.5. Written policy and procedure shall prohibit:

A. Use of pain compliance techniques at the facility. Pain compliance techniques are those in which staff applies pain as the primary method of controlling juveniles, including holds that result in an abnormal rotation, extension or flexion of a joint. Pain compliance techniques are different from defensive physical force that may be needed by staff in emergency situations;

B. Hitting, kicking or striking juveniles; or using chokeholds or blows to the head of juveniles;

C. Use of straightjackets or restraint chairs;

D. Restraining juveniles to fixed objects, except in exigent circumstances involving the health and safety of juvenile or staff;

E. Using physical force or mechanical restraints for punishment, discipline, or treatment;

F. Use of belly belts or chains on pregnant females;

G. Use of any electronic control devices or firearms;

H. Use of medical restraints.

11.6. Written policy and procedure on chemical restraints.

The use of chemical agents in the facility is strongly discouraged. The facility administrator may deem the use of a chemical agent is needed in the instances of serious harm or risk of death to persons within the facility.

Written policy and procedure shall set forth the requirements that shall be met in order to allow the use of chemical agents, specifically pepper spray, or like agents, including but not limited to the following:

A. Only foam pepper spray or an agent that will not likely infiltrate the ventilation system of the facility;

B. Staff authorized by the facility to administer the chemical agent shall successfully complete training on the use of chemical agents through a recognized training program;

C. The chemical agent is to be stored in a locked location until such time as its use is determined to be necessary in order to prevent serious harm or risk of death to persons within the facility;

D. Prior to deployment of the chemical agent, staff shall ascertain if the juvenile has any medical condition that would be adversely affected by the use of the chemical agent and therefore shall be prohibited. Adverse conditions include, but are not limited to pregnancy, heart conditions, or asthma;

E. As soon as it is safe to do so after the deployment of the chemical agent, detention staff shall take steps to ease the effects of the chemical agent;

F. The juvenile, or anyone who comes in contact with the chemical agent, shall be medically cleared by a licensed health care professional;

G. Use of the chemical agent shall be documented as to the incident, to include the date, time, reasons, authority and witnesses. The incident shall be reported to facility administrator or designee immediately as referenced in Section 2.15.

11.7. The facility shall have written policy and procedure that govern searches of juveniles, the facility and visitors consistent with applicable law. Any search of a juvenile or visitor shall be conducted in a manner and place respecting the privacy of the juvenile or visitor.

A. A body cavity search of the anal or genital area shall be done only by a licensed medical professional and pursuant to a court order.

11.8. The facility shall have a designated area for the securing of firearms. Firearms shall not be permitted beyond this designated area except in emergency situations.

Cross-reference:

Missouri Revised Statutes

Section 211.151, RSMo

, "Places of Detention..."

Section 211.331, RSMo, "Detention Facilities..."

Missouri Supreme Court Rules

Rule 127.03

, "Designation of Detention Facility"