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. 08
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 8. Communication Provisions	Revised / Effective Date:	January 1, 2015

SECTION 8.
COMMUNICATION PROVISIONS

Essential Elements
8.1. Each facility shall establish a written policy and procedure for juveniles and their custodians governing the right of communication between the juvenile, the juvenile's custodians, counsel and significant others.

8.2. The facility shall have a written policy and procedure which encourages family visits that are limited only by staff demands and the availability of visiting facilities. Regular visiting hours and contact visits shall be allowed for all juveniles, but shall be no less than three times per week, consistent with the safety and security requirements of the facility.

A. A list of authorized visitors shall be established with input from the juvenile, custodians, facility administrator/designee and agency of jurisdiction;

B. The facility shall have a written policy and procedure for all visitors to verify identification before entry to the visiting area. A record of such visitors shall be maintained by the facility in accordance with the written policy and procedure of the facility;

C. The facility shall publish the operational procedures governing visits. This information shall be made available by the facility administrator/designee to each juvenile on arrival at the facility and shall be made available to visitors, if possible, prior to their arrival at the facility. The information shall include the following:

1. Days and times for visiting;

2. Approved visitors (parents, other family members, etc.);

3. The number of visitors a juvenile is allowed to have at one time;

4. Regulations concerning special visits;

5. The possibility of being searched and items allowed into the visiting area by the juvenile and the visitor.

D. The facility administrator/designee may terminate or deny a visit based on the safety, security, and order of the facility. Visitors whose visits are terminated or denied shall be notified of the specific reason for the termination or denial. The incident shall be documented and the juvenile notified;

E. Approved volunteers shall be subject to all provisions of these procedures, except that their visits will not count against a juvenile’s normal visiting schedule;

F. The use and procedures for internet based visitations, such as video conferencing, shall be up to the discretion of the facility administrator/designee, consistent with the established visitation policy.

8.3. Each juvenile shall have equal and adequate access to a telephone to maintain contact with the juvenile’s family.

A. A juvenile may make or receive a minimum of three telephone calls per week at times and length designated by the facility. A list of authorized phone contacts shall be established with input from the juvenile, custodians, facility administrator/designee and agency of jurisdiction;

B. A telephone log shall be established and maintained by the detention superintendent/designee for all juvenile telephone calls and shall include the identity of the caller and recipient of the call.

8.4. The facility shall recognize each juvenile’s need for and right to maintain contact through correspondence and other deliveries with persons outside the facility and, that he/she may do so with a reasonable degree of privacy.

A. The written policy and procedure governing juvenile correspondence shall be made available to all staff and juveniles. The amount of mail a juvenile may receive is unlimited. Excluding legal correspondence, the facility shall provide writing material and postage for a minimum of two one ounce letters each week for each juvenile;

B. A juvenile shall have the right to privacy in written correspondence. Incoming and outgoing mail shall be opened in the presence of the juvenile and documented to determine the presence of contraband;

C. Incoming and outgoing mail shall not be read unless there are reasonable grounds to suspect a threat to the security and safety. In such circumstances the detention staff shall appropriately document the reasons the mail was read;

D. Unless there is a clear and present danger to security or the safety, and with approval of the facility administrator or designee, no mail shall be withheld. Any reason for withholding mail shall be documented. The juvenile shall be notified when incoming or outgoing mail is withheld;

E. There shall be a written policy and procedure to document and secure cash, checks or other monetary instruments mailed or received;

F. Incoming and outgoing letters may be held by the facility for no longer than 24 hours, excluding weekends and holidays and emergency situations;

G. A released or transferred juvenile shall be permitted to take all personal mail. Additional mail received shall be forwarded, unopened;

H. Publications not authorized by the facility administrator/designee shall be prohibited.

I. The use of and procedures for electronic communication, such as e-mail, shall be up to the discretion of the facility administrator/designee.

Cross-reference:

Missouri Supreme Court Rules

Rule 127.10

, "Rights During Secure

Detention"