Administrative Code Provisions | Idaho Admin. Code r. 05.01.02.010 | 2018
As used in this chapter: Effective Date (4-5-00)
01. Adult. A person eighteen (18) years of age or older. Effective Date (4-5-00)
02. Body Cavity Search. The examination and possible intrusion into the rectal or vaginal cavities to detect contraband. It is performed only by the medical authority. Effective Date (4-5-00)
03. Chemical Agent. An active substance, such as oleoresin capsicum, used to deter disturbances that might cause personal injury or property damage. Effective Date (4-5-00)
04. 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/or programs according to their needs and existing resources. Effective Date (4-5-00)
05. Commit. Commit means to transfer legal custody to the Idaho Department of Juvenile Corrections. Effective Date (3-30-07)
06. Community-Based Program. An in-home detention program or a nonsecure or staff secure residential or nonresidential program operated to supervise and provide competency development to juvenile offenders in the least restrictive setting, consistent with public safety, operated by the state or under contract with the state or by the county. Effective Date (3-30-07)
07. Contact Visiting. A program that permits juvenile offenders to visit with designated person(s). The area is free of obstacles or barriers that prohibit physical contact. Effective Date (3-30-07)
08. Contraband. Any item not issued or authorized by the detention center. Effective Date (3-30-07)
09. Corporal Punishment. Any act of inflicting punishment directly on the body, causing pain or injury. Effective Date (4-5-00)
10. Court. Idaho district court or magistrate's division thereof. Effective Date (3-30-07)
11. Day Room/Multi-Purpose Room. That portion of the housing unit used for varied juvenile offender activities which is separate and distinct from the sleeping rooms. Effective Date (3-30-07)
12. Department. The Idaho Department of Juvenile Corrections. Effective Date (3-30-07)
13. Detention. Detention means the temporary placement of juvenile offenders who require secure custody for their own or the community's protection in physically restricting facilities. Effective Date (3-30-07)
14. Detention Center. A facility established pursuant to Title 20, Chapter 5, Sections 20-517 and 20- 518, Idaho Code, for the temporary placement of juvenile offenders who require secure confinement. Effective Date (3-30-07)
15. Detention Records. Information regarding the maintenance and operation of the detention center including but not limited to correspondence, memorandums, complaints regarding the detention center, daily activity logs, security and fire safety checks, head counts, health inspection records, and safety inspection records, use of physical force records and use of restraints records, incident reports, employee training and certification for use of security equipment. Effective Date (3-30-07)
16. Direct Care Staff. Any care staff member charged with day-to-day supervision of juvenile offenders housed in a juvenile detention center. Effective Date (3-30-07)
17. Director. The Director of the Idaho Department of Juvenile Corrections. Effective Date (3-30-07)
18. Electroshock Weapons. Weapons used for subduing a person by administering an electric shock which disrupts muscle function. Effective Date (3-29-12)
19. Emergency Care. Care for an acute illness or unexpected health care need that cannot be deferred until the next scheduled sick call. Emergency care shall be provided to the juvenile offender population by the medical staff, physician, other appropriately trained staff, local ambulance services or outside hospital emergency rooms. Effective Date (3-30-07)
20. Emergency Plans. Written documents that address specific actions to be taken in an institutional emergency or catastrophe such as a medical emergency, fire, flood, riot or other major disruption. Effective Date (4-5-00)
21. Health Appraisal. An evaluation of a patient's current physical and mental condition and medical histories conducted by the health authority or medical employee. Effective Date (3-30-07)
22. Health Authority. The physician, health administrator, or agency responsible for the provision of health care services at the detention center. Effective Date (3-30-07)
23. Health-Trained Employee. A person who operates within the limits of any license or certification to provide assistance to a physician, nurse, physician's assistant, or other professional medical staff. Duties may include preparing and reviewing screening forms for needed follow-up; preparing juvenile offenders and their records for sick call; and assisting in the implementation of medical orders regarding diets, housing, and work assignments. Effective Date (3-29-12)
24. Housing Unit. The total living area available to a group or classification of juvenile offenders in a detention center. This area may consist of a dormitory or a combination of the space in each sleeping room and day room/ multi-purpose room. Effective Date (3-30-07)
25. Incident Report. A written document reporting any occurrence or event, or any other incident which threatens the safety and security of direct care staff, juvenile offenders or others, or which threatens the security of the program and which requires a staff response. Effective Date (3-30-07)
26. Judge. A district judge or a magistrate. Effective Date (4-5-00)
27. Juvenile. A person less than eighteen (18) years of age. Effective Date (3-30-07)
28. Juvenile Detention Records. Information maintained in hard copy or electronic format concerning the individual's delinquent or criminal, personal, and medical history and behavior and activities while in detention. Effective Date (3-30-07)
29. Juvenile Offender. A person who was under the age of eighteen (18) at the time of any act, omission or status bringing the person within the purview of the Juvenile Corrections Act. Effective Date (3-30-07)
30. Legal Custody. The relationship created by the court's decree which imposes upon the custodian responsibilities of physical possession of the juvenile offender, the duty to protect, train and discipline him and to provide him with food, shelter, education and ordinary medical care. Effective Date (3-30-07)
31. Legal Guardian. A person appointed as guardian of a minor under the laws of Idaho. For the purposes of this chapter, legal guardian does not include and shall not be construed to include the owner, operator or the agent of an owner or operator of a detention center, observation and assessment center, secure facility, residential facility or other facility having temporary or long-term physical custody of the juvenile offender. Effective Date (4-5-00)
32. Mechanical Restraints. Devices used to restrict physical activity. Effective Date (3-30-07)
33. Medical Employee. A certified or licensed person such as a physician, nurse, physician's assistant, or emergency medical technician who works under the supervision and authority of the health authority consistent with their respective levels of licensure, certification, training, education and experience. Effective Date (3-29-12)
34. Medical Records. Separate records of medical examinations and diagnoses maintained by the health authority. Effective Date (4-5-00)
35. Intake Medical Screening. A system of structured observation/initial health assessment of newly arrived juvenile offenders. Medical screenings may be performed by a medical employee or health-trained employee, or by a juvenile detention officer using a checklist approved by the Health Authority. Effective Date (3-29-12)
36. Observation and Assessment Program. A residential or nonresidential program designed to complete assessments of juvenile offenders. Effective Date (3-30-07)
37. Pat Search. The touching or feeling of a subject's clothed body to detect contraband. Effective Date (4-5-00)
38. Perimeter Security. A system that controls ingress and egress to the interior of a detention center or institution. The system may include electronic devices, walls, fence, patrols or towers. Effective Date (3-30-07)
39. Perimeter Security Check. Physical inspection of the perimeter of the detention center performed for the purpose of discovering or preventing security breach. May include the inspection of the perimeter of the detention center and adjacent containment fence or areas as designated by detention center policy and procedures. Effective Date (3-30-07)
40. Petition for Exemption. A formal written document addressed to the Director of the Idaho Department of Juvenile Corrections requesting exception from a detention center standard. The petition for exemption must contain written justification why the petitioner should be relieved from enforcement of specific detention standard(s). Effective Date (3-30-07)
41. Physical Intervention. Appropriate physical control used in instances of justifiable self-defense, protection of others, protection of property, or prevention of escapes. Effective Date (3-30-07)
42. Policy and Procedures. Standard operating strategies and processes developed by the administrative authority governing detention center operations. Effective Date (3-30-07)
a. Policy is a course of action that guides and determines present and future decisions and actions.
Policies indicate the general course or direction of an organization within which the activities of the direct care staff must operate. Effective Date (3-30-07)
b. Procedure is the detailed and sequential action which must be executed to ensure that policy is implemented. It is the method of performing an operation or a manner of proceeding on a course of action. It differs from a policy in that it directs actions required to perform a specific task within the guidelines of the policy. Effective Date (4-5-00)
43. Rated Capacity. The maximum number of juvenile offenders which may be housed in a particular room, housing unit, or detention center based upon available square footage, sanitation fixtures, and other physical plant features specified in these rules. Effective Date (3-30-07)
44. Renovation. The alteration of the structure of any existing juvenile detention center, 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 detention center or reconstruction of the existing structure, areas, or interior features. Effective Date (3-30-07)
45. Rule Infraction. A violation of detention center rules of conduct or policy and procedures as governed by detention center policy and procedures. Effective Date (3-30-07)
46. Safety Equipment. Devices primarily used for safety purposes such as but not limited to
firefighting equipment, for example, chemical extinguishers, hoses, nozzles, water supplies, alarm systems, sprinkler systems, portable breathing devices, gas masks, fans, first aid kits, stretchers, and emergency alarms. Effective Date (4-5-00)
47. Secure Perimeter. The outer portions of a detention center that provide for secure confinement of juvenile offenders. Effective Date (3-30-07)
48. Security Devices. Equipment used primarily to confine and control detained persons and may include but is not limited to locks, gates, doors, bars, fences, screens, ceilings, floors, walls, and barriers, electronic monitoring equipment, security alarm systems, security light units, auxiliary power supplies, and other equipment used to maintain detention center security. Effective Date (3-30-07)
49. Staffing Plan. A documented schedule which includes staffing of direct care staff, staffing ratios, resident activities, and the certification level of staff. Effective Date (3-30-07)
50. Standards. Rules for Secure Juvenile Detention Centers, IDAPA 05, Title 01, Chapter 02. Effective Date (3-30-07)
51. Strip Search. A visual examination of a juvenile offender's naked body for weapons, contraband, injuries, or vermin infestations. This also includes a thorough search of the juvenile offender's clothing while such is not being worn. Effective Date (3-29-12)
52. Volunteer. A person who freely chooses to provide services to juvenile offenders or staff at a juvenile detention center, and is not compensated for the services or time. Volunteers are supervised by direct care staff. Volunteers shall not be unsupervised with juvenile offenders and will be supervised by direct care staff at the detention center. Effective Date (3-29-12)